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92-101877JCITYOF33530 1 ST WAY SOUTH January 12, 1998 Mr. David Morrison Parklane Ventures, Inc. 31620 - 23rd Avenue South, #320 Federal Way, WA 98003 (253) 661-4000 FEDERAL WAY, WA 98003-6210 Via Fax: 425-957-9747 Subject. Heritage Woods File Nos. SUB92-0005, BLD95-0711 Release Remaining Assignment of Funds No. 97-1001 and PerformancelMaintenance Bond No.'s 97-1002 and 97-1003 Dear Mr. Morrison: The City has received three executed agreement and maintenance bonds from Schneider Homes, Inc. (Principal), to ensure maintenance for certain development associated with Heritage Woods Phase I. The following lists the type of bond, amount and maintenance requirements of each. 1. AGREEMENT AND MAINTENANCE BOND No. 98-1002 (MILITARY ROAD) Bond Amount = $31,327.00 The principal has entered into an agreement with the City to maintain and guarantee against defective materials and workmanship in the construction of Military Road Phase I and associated improvements. 2. AGREEMENT AND CONTINGENCY, MONITORING & MAINTENANCE BOND No. 98- 1003 (WETLAND MONITORING) Bond Amount = $20,518.00 The principal has entered into an agreement with the City providing for a contingency plan, and the monitoring and maintaining of wetlands and wetland buffer improvements in the Heritage Woods Plat in accordance with approved plans. 3. AGREEMENT AND MAINTENANCE BOND No. 98-1004 (PUBLIC PARK) Bond Amount=$15,000.00 The principal has entered into an agreement with the City to maintain and guarantee against defective materials and workmanship in the construction of a public park. The submittal of the above documents allows the full release of an existingassignment of funds and bonds associated with work performed under each. As such, the City of Federal Way hereby authorizes the release of the following: Assignment of Funds in -lieu of Bond - $31,327.00 Federal Way File No. 97-1001, Bank of America N.T. & S.A., account #676- 7359586. 2. Agreement and Contingency, Monitoring & Maintenance Bond - $20,518 Federal Way File No. 97-1002, Amwest Surety Ins. Co. account #1328544. 3. Agreement and Maintenance Bond - $15,000.00 Federal Way File No. 97-1003, Amwest Surety Ins. Co. account #1328543. The administrative cash deposit amounts associated with the above assigment of funds and bonds are $1,253.00, $820.72 and 750.00 respectively for a total of $2,823.72. As authorized by you, the City will transfer $1,800.00 of this amount to apply towards Giles Engineering review of materials associated with Heritage Woods Tracts J and H. This leaves a balance of $1,023.72; a check will be sent to you shortly for this amount. Thank you for your assistance in the completion of this project. If you have any questions, call me at (253) 661-4109. Sincerely Manager SCJg Original ib fallow by mail c: tm Hams, Associate Planner Lisa Read, Engineering Consultant Ken Miller, Street Systems Manager Julie Venn, Engineering Plans Reviewer Jim Jaeger, 9419 S. 204th Place, Kent, WA 98031 Patrick J. Hillyer, 10500 N.E. Eighth, Suite 400, Bellevue, WA, 98004 Amwest Surety Ins. Co., c/o Hurley, Atkins 8t Stewart, Inc., 1800 - 9th Ave., Ste 1500, Seattle, WA 98101 Bond File Day File L:\PRMSYS\DOCUMENMSUB92-00.05XBDASGN3.DOC 0MMl1NITY DEVEL.�PMENT DEPARTMENT CITY OF C. `�/j►�/ 33530 1 ST WAY SOUTH 15, 1997 Mr. David Morrison Parklane Ventures, Inc. 31620 - 23rd Avenue South, #320 Federal Way, WA 98003 (253) 661-4000 FEDERAL WAY, WA 98003-6210 Via Fax: 946-3580 Subject: Heritage Woods - File No'& SUB92-0005, BLD95-0711 Release Remaining Portion of 70% Reduction of Assignment of Funds No. 97-1001 Dear Mr. Morrison: On August 26, 1997, the City authorized the release of $52,211.00 (50% of Assignment of Funds) for the partial completion of Military Road adjacent to Phase I of Heritage Woods. The City is in receipt of your request to release an additional 20% of the Assignment of Funds in the amount of $20,884.00 posted under Bond No. 97-100. An inspection by the City's Public Works Inspector confirms that Military Road, adjacent to Heritage Woods Phase I has been completed. As such, the City hereby authorizes an additional release of $20,844.00. The remaining funds ($31,327.00), equaling thirty percent (30%) of the cost of work or improvements, shall be held by Seattle First National Bank, pursuant to the terms of the agreement. An existing administrative cash deposit in the amount of $2,611.00 will also be reduced by $1,358.00 leaving a balance of $1,253.00 (4% of the outstanding assignment amount). The remaining amount of funds and administrative cash deposit will be released upon successful completion of a 2-year maintenance period. A check in the amount of $1,358.00 will be sent to Parklane Ventures, Inc. soon. Enclosed is an executed release notice on the remaining eligible Assignment of Funds held by the City for this project. We appreciate your cooperation in the completion of this development. If you have any questions, call me at (253) 661-4109. Sincerely, STE CLiFT C Development Services Manager SC:jd cc: Ken Miller, Shvd Systems Manager Harris, Associate Planner Lisa Read, Contract Engineering Plans Reviewer Jim Pryal, Construction Inspector Jim Jaeger, 9419 S. 204th Place, Kent, WA 98031 Patrick J. Hillyer, 10500 N.E. Eighth, Suite 400, Bellevue, WA., 98004 Bond/Assgn File Project File Day File L:\PRMSYSUDOCUMENTSUB92 00.05WSGNPRL4.DOC Original to follow by mail CITY OF qAC.-- (253) 661-4000 33530 1 ST WAY SOUTH FEDERAL WAY, WA 98003-6210 PARTIAL RELEASE OF ASSIGNMENT OF FUNDS The undersigned hereby acknowledges that a portion of the conditions set forth in that Assignment of Funds in Lieu of Bond ("Assignment") provided to the City of Federal Way ("City") by Parklane Ventures, Inc. ("Assignor") dated the 1lth day of February, 1997, for Heritage Woods Phase I, Permit No. SUB92-00053, have been satisfied and hereby authorizes the release of an amount equal to Twenty Thousand Eight Hundred Eighty -Four Dollars and no/100 (20,884.00) from Seattle First National Bank, Bank of America N.T. & S.A. The remaining funds equaling thirty percent (30%) of the cost of the work or improvements ($31,327.00) shall be held by the Bank pursuant to the terms of the Assignment for a period of two (2) years as security for Assignor's performance of all maintenance for the project described therein and as guarantee against defective materials or workmanship in the construction and maintenance of such improvements. DATED this llth day of November, 1997 CITY OF FEDERAL WAY By: . ZLVX 'One ep n Clio , P Development Services Manager L:\PRMSYS\DOCUMENT\SUB92 OO.OS\ASGNPRL4.DOC l 7 CITY OF -N rr..rr (206)-0 33530 1ST WAY SOUTH FEDERAL WAY, WA 9800003-6216210 August 19, 1997 Mr Stephen Casseaux Federal Way Hearing Examiner 902 South loth Street Tacoma, WA 98405 RE: Heritage Woods Preliminary Plat, Request for Preliminary Plat Approval Extension Dear Mr. Casseaux: In a letter dated July 10, 1997, Mr. David Morrison of Parklane Ventures has requested an extension to the Preliminary Plat of Heritage Woods. Acting as the Federal Way Hearing Examiner, you conditionally approved the Heritage Woods Preliminary Plat on June 16, 1992. A request for reconsideration was filed, and you issued a decision on the request for reconsideration on October 2, 1992. The City Council conditionally approved the Heritage Woods Preliminary Plat on October 20, 1992. On October 17, 1995 you approved a one year extension for submittal of a final plat. On August 6, 1996, Parklane Ventures submitted a final plat for Heritage Woods Division I comprising 45 of the total 111 lots. On February 18, 1997, the Federal Way City Council approved the Heritage Woods Division I final plat. Mr. Morrison representing Parklane Ventures has now requested an extension for the remainder of the Heritage Woods Preliminary Plat. The Federal Way City Council adopted subdivision code amendments on April 1, 1997, which extends the preliminary plat approval period from three to five years. The five year approval for preliminary plats applies retroactively to all active plats within the City of Federal Way. The City's subdivision code is based on a 1995 amendment to RCW 58.17.140 which allows for five year preliminary plat approval plus extensions. Federal Way City Code (FWCC) section 20-131(a - c) outlines the process and criteria for extension of a preliminary plat. In summary, Federal Way City Code Section 22-131 states preliminary plat approval shall expire five years from the date of City Council approval unless extended by the Hearing Examiner. .......... Mr. Stephen Casseaux August 19, 1997 Page 2 Division I of the Heritage Woods Preliminary Plat has been recorded and conditions in the vicinity of the project have not changed significantly since 1992. Therefore, the Department of Community Development Services recommends approval of a one year extension to the Heritage Woods Preliminary Plat, to expire on October 20, 1998. Please provide a written decision on the preliminary plat extension request. A copy of the July 10, 1997 extension request from Mr. Morrison and a copy of the revised FWCC section 20-131 is enclosed for your convenience. Please contact Jim Harris, Associate Planner at (253) 661-4019 if you have any questions. Sincerely, Gregory D. Moore, AICP Director of Community Development Services Director enc: Correspondence for David Morrison dated July 10, 1997 FWCC section 20-131 c: Jim Harris, Associate Planner Stephen Clifton, Public Works Development Services Manager Gary Barnett, Senior Development Engineer David Morrison, Parklane Ventures 31620 23rd Avenue South #320, Federal Way, WA 98003 RECEIVEDBYj,Fp„r ,'OkIMU;NITY DEVELORMEN! l D�, .4R T V July 10, 1997 Jim Harris Via Fax / 661-4129 Associate Planner City of Federal Way , 33530-1 st Way South FA - DD Federal Way, WA 98003 7110197 Re: Heritage Woods - Application for Plat Approval Extension Dear Jim, PARKLANE ParkLane Executive Center 31620-23rd Avenue South #320 Federal Way, Washington 98003 Telephone: (206) 946-3652 Fax: (206) 946-3580 I am in receipt of your letter of June 24, 1997 advising that pursuant to Federal Way City Code (F.W.C.C.) Section 20-131 (a) an applicant may request an extension of the preliminary Plat approval from the Hearing Examiner. We herewith submit our request for an extension of the preliminary Plat approval of Heritage Woods. The conditions for final Plat approval for the Plat of Heritage Woods have been substantially complete. The following conditions have been completed: 1. Approval of Improvement Plans All of the improvement plans for road and storm, sewer and water, and power, telephone, natural gas and cablevision have been approved for the entire 111 lots of the Plat. Also, a Wetland Enhancement and Park Development Plan has been approved. 2. Completion of Development and Recording of Div. The development and recording of the Plat is being phased. The First Division of 45 lots has been developed and Div. 1 was recorded in March, 1997. Division 1 contains 45 lots and 9 tracts of land. 3. Tract A - Park Dedication and Development Tract A of Div. 1 was dedicated to the City with the recording of Div. 1. Tract A contains 4 acres. Parklane also deposited a Performance Bond in the amount of $50,000 to guarantee the completion of an open space park within the westerly portion of the park. Both the dedication of Tract A and the development of the park were conditions for final approval of the entire Plat. The City would not allow a proportionate amount of dedication and development of the park with Div. 1, but required the entire tract be dedicated and developed with Div. 1. We are committed to quality, value and service t0fi ii�ili 011 r Cfl5rQf11CrS dP[7opis and exCgyd '* 111eir e:ypeclatimm 4. Wetland Enhancement As required we completed the development of a Wetland Enhancement Plan for the entire Plat, and guaranteed the continual maintenance of the wetlands and buffers for five years. 5. Storm Detention Facility We completed the development of a Storm Detention Pond and facilities that was designed to accommodate the entire development of 111 lots. Although Div. 1 has been developed, the City will not accept the ownership or maintenance of the Storm Detention Facilities until the balance of the Plat has been developed. 6. Housing Construction Div. 1 Of the 45 lots developed and recorded in Div. 1, 12 Building Permits have been issued and 12 homes have been started, with completion scheduled for September of this year. The remaining lots will receive Building Permits this year and these homes will be completed in the Spring and Summer of next year. The remaining items need to be completed to satisfy all conditions for final Plat approval. 1. Div. 2 Development - Completion of the Plat We expect to start development of Tract G which is the balance of the Plat, in August. Tract G will contain 66 lots. We expect the development to be completed by January or February 1998, depending on weather. The development will be bonded with a Performance Bond, to cover the completion of all of the conditions for final Plat approval, but the City will not allow bonding of required improvements to satisfy final Plat approval and recording of the Plat. The City requires that all required improvements be complete, before granting final Plat approval and allowing the balance of the Plat to be recorded. 2. Recording of Final Plat of Div. 2 The final Plat map is being prepared at this time and will be submitted to the City in August, for final review and approval, ready for recording. Hopefully, we have completed sufficient work and satisfied sufficient conditions for final Plat approval, for the City to grant approval to our request for extension. Please process our request at your earliest opportunity., as the Plat approval expires October 22, 1997. Sincerely, David Morrison General Manager i. 1 "! ■FRUMMUMM11 i ! ■! !. i! !1 �' .14 1 s 1 ■ •1!1'1 s �0 : s 1 affected ■ l Qwnm may• s i for Sic. 20-129. Effefj Qfdecision. W Final decision. Th ity n iVsAecision 5h iI be, the'-dity'snl i i n on the PrOminary plat application. Is' ect on qp plicant,Prior to constoj6Qn of imi2rovemenu Pursuantr Iimin l at approval. n in rin rwiri f r ii im r v m n h l] mi f rr vi w and ppr v l h Qp rtment of puttic work5End--the 'akehaven Ujjj y_Dislrkd and i y o T,jgoma Publig,1 ili i m n Th n in any activity n the iin i nQludin n stoloti Q n o r sijr, work u n it fin 1 r v l f ]1 n in rir) n ili plansjnclqdin rm r ina e h m n f fl in nt f h u mit i f rf nnanee and maintenance securities, as may be._rgquired,_.and a pre -construction meeting has been held. Wr I sect on ci_V. Approval f the reliminary_.plat by_the lily CpunGil _ 11 cans Lute aCQ012IanC(LQ)f &bdivisianjAynoul-and design and shall indudQ all -C-Onditions restrictions,and other r"uirements adopted by tI&council f l rvl i nil rvl f r limin 1at shall nQI constiLuig,-Uproval for land l rin r i zrading.ve e a i n removal, r any her activities wh ch otherwise require permits from the gitv. 20-130—jtidicigireyiew, The action Qfthe city in granting or denying an under this article may be reviewed put uant to 35.70C in the Kind County Superior Court The land use petition must be filed within 21 ulendar days of iss l Lapplication. t n inIQ--bring he agtiQni limited h f ll win i : Q1,� The.- applicant r owner- of h r peqy QLi-i-which the 5ubdivision is proposed� (4 Any _prQpe y owner within 300 foot Qf the proposal_ Any prQpr y__owner who _Q ms himL f agarkmed0,QrQby and who will suffer direct An sub an i l impacts fr m the pr used _�Ubdivision. Sec. 20-114131. Eff-ect; !!duration Qf approval. 139 . a ■ rI odkvI a mn 6 111 Rmaj M ■ r4q W4 Ir a • ■ I MI&VAL.M.1 WillJram ■ ■ ■ rr ■ ■ ■ .■ ■ .■ • • • • �■IF NJ In ImiII 1 PI a a • ■ 91 1.91-Aul•■ ■.I t6notiommi• .49JISILIVA-Z.111 ■ i frf ■ • .r ■ ■■ r ■ ■ ■ ■■ ■• r r ■ a III 11111111■ 111111 0111 1 11rel3dLfs►A Jl�l,Rili.�i ■ + r ■■rMII IIIIIIIII■I I Ioll 11, 111111 ■ 111111111111 .11111 • ■ I■ • + ■ Norm r • 11@ WAVIR4NJ 14 Itlipy IM • 0181 r ■ • ■ r (c.a) Preliminary plat approval shall expirethree f= years from the date of city council approval unless substantial progress has been made toward completion of entire plat, or the initial phase of the plat, if the preliminary approval included phasing. In the event the applicant has not made substantial progress toward completion of the plat, the applicant may request an extension from the hearing examiner. The request for extension must be submitted to the department of community development services at least 30 days prior to the expiration date of the preliminary plat. (d h) In considering whether to grant the extension, the hearing examiner shall consider whether conditions in the vicinity of the subdivision have changed to a sufficient degree since initial approval to warrant reconsideration of the preliminary plat. If the hearing examiner deems such reconsideration is warranted, a public hearing shall be scheduled and advertised in accordance with section M- 11120-119. (e _Q) The hearing examiner may grant a one-year extension of preliminary plat approval or may allow division of the plat into separate phases, each with an expiration date and no further opportunity for extension. (Ord. No. 90-41, §1(16.120.10--16.120.50), 2-27-90) DIVISION 6 7. FINAL PLAT Sec. 20-13t132. Submission. (a) The A set of reproducible mylar drawings, and five sets of blueline copies thereof, shall be submitted to the director of community development services together with additional information and documentation as required in section 20-i-H 133. (b) The director of community development services shall route the drawings to the appropriate departments and agencies for review. 140 CITY OF FEDERAL WAY MEMORANDUM DATE: August 19, 1996 To. Community Development Services Staff FROM: Gregory D. Moore, AICP, Director of Community Development Service SUBJECT: Time Lines for Preliminary Plat Approval This memorandum serves as written interpretation to change the time between preliminary plat approval and submittal of the final plat to the city council for approval from three to five years. This is based on a 1995 amendment to RCW 5& 17.140 (Subdivisions) which reads as flows: A final plat meting all requirements of this chapter shall be submitted to the legislative body of the city, town, or county for approval within five years of the date of preliminary plat approval. Nothing contained in this section shall act to prevent any city, town, or county from adopting by ordinance procedures which would allow extensions of time that may or may not contain additional or altered conditions and requirements. Presently, Section 20-114 of Federal Way City Code, Section 20 (Subdivision Code) states that: "Preliminary plat approval shall expire three years from the date of city council approval unless substantial progress has been made toward completion of entire plat, or the initial phase of the plat, if the preliminary approval included phasing... The hearing examiner may grant a one-year extension of preliminary plat approval or may allow division of the plat into separate phases, each with an expiration date and no further opportunity for extension. " This means that, for subdivisions not utilizing phasing, presently the maximum allowable time for a preliminary plat to be submitted for final plat approval is four years. By this interpretation, an applicant would now have five years from the time of preliminary plat approval to submit a final plat to the city for approval. This interpretation will apply retroactively to all active plats within the City of Federal Way which have not yet received final plat approval and to any new plats submitted subsequent to this interpretation. inwTrt\timeline.pp I r CITYJF� 33530 1ST WAY SOUTH MEMORANDUM (206) 661-4000 FEDERAL WAY, WA 98003-6210 RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT OCT 18M5 TO: PARTIES OF RECORD FROM: STEPHEN K. CAUSSEAUX, JR., HEARING EXAMINER RE: HERITAGE WOODS PRELIMINARY PLAT, REQUEST FOR PRELIMINARY PLAT APPROVAL EXTENSION DATE: October 17, 1995 By letter dated July 25, 1995, David Morrison of Parklane Ventures timely filed a request for time extension for the completion of the final plat of Heritage Woods. Section 20-114(c-e) of the Federal Way City Code (FWCC) authorizes the Examiner to grant one year time extensions. In considering whether to grant such extensions, the Examiner determines whether conditions in the vicinity of the subdivision have changed to a sufficient degree since initial plat approval to warrant reconsideration of the preliminary plat. Kathy McClung, Land Use Administrator for the City of Federal Way, advises that conditions in the vicinity of the project have not changed significantly since October 20, 1992 the date of preliminary plat approval. The Department of Community Development Services is recommending approval of a one year extension. Pursuant to the request of David Morrison on behalf of Parklane Ventures, and based upon the evaluation by the Department of Community Development Services, the applicant is hereby granted a one year extension to obtain final plat approval of the preliminary plat of Heritage Woods. SKC/cs CITY OF B 33530 1ST WAY SOUTH September 26, 1995 Mr. Stephen Casseaux Federal Way Hearing Examiner 902 South loth Street Tacoma, WA 98405 (206) 661-4000 FEDERAL WAY, WA 98003-6210 RE: Heritage Woods Preliminary Plat, Request for Preliminary Plat Approval Extension Dear Mr. Casseaux: In a letter dated July 25, 1995, Mr. David Morrison of Parklane Ventures requested a two year extension to the Preliminary plat of Heritage Woods. Acting as the Federal Way Hearing Examiner, you conditionally approved the Heritage Woods Preliminary Plat on June 16, 1992. A request for reconsideration was filed, and you issued a decision on the request for reconsideration on October 2, 1992. The City Council conditionally approved the Heritage Woods preliminary plat on October 20, 1992. 4 Federal Way City Code (FWCC) Section 20-114(c-e) outlines the process and criteria for extension of a preliminary plat. Federal Way City Code Section 20-114(c) states preliminary plat approval is valid for three years unless an extension is granted by the Hearing Examiner. Conditions in the vicinity of the project have not changed significantly. Therefore, the Department of Community Development Services recommends approval of a one year extension to the Heritage Woods Preliminary Plat. A copy of the July 25, 1995 letter from Mr. Morrison is enclosed. Please contact Jim Harris, Associate Planner at 661-4019 if you have any questions. Sincerely, Kathy McClung Land Use Administrator enc: Correspondence from David Morrison dated July 25, 1995 C= Jim Harris Associate Planner David Morrison Parklane Ventures 31620 23rd Avenue South Federal Way, WA 98003 i PARKLANE July 25, 1995 ParkL.ane Executive Center F 31620-23rd Avenue South Mr. Greg Moore Federal Way, Washington 98003 Director of Community Telephone: (206) 946-3652 Development Services CFax: (206) 946 3580 City of Federal Way 33530 1st Way South Federal Way, WA 98003 Re: Heritage Woods - Request to Extend Preliminary Plat Approval Dear Greg: The Preliminary Approval of Heritage Woods expires on October 20, 1995. We respectfully request that the approval be granted a two year extension, in order for us to complete the development- and recording of the 111 lots with Heritage Woods. As you know, we have been working diligently with your staff, and the staff of Public Works to obtain plan and permit approval. We have secured a Clearing and Grading permit, and plan approval for Road and Storm, but are still waiting for a Development Permit. We obtained a permit to clear the road right-of-way , and have completed the clearing of the right-of-way in preparation of beginning construction. Due to the lateness of the season, and the market conditions, I have asked your approval to phase the development, with 41 lots in our first phase. If you grant this approval, and if market conditions remain the same, we expect to complete another 40 lots next year (1996) and the balance in 1997. As the City does not permit the bonding for required plat conditions in lieu of construction, we are finable to bond and record the plat. Therefore, without this option, we are forced to request a two year extension, in order to complete the improvements in phases. The market is not strong enough to absorb 111 lots in one year, thus requiring a two year extension. We therefore request a two year extension to the Preliminary Plat of Heritage Woods. Please advise me if you require any further information to process this application. Sincerely, David Morrison CC'. —I//" 11.9Ae-0"5 VANCOUVER- SEATTLE- EDMONTON We are committed to qualihy value and service to die 1[ our id lomers exceec drearrrs acid exceed their expectations. CrrY OF _ 1 � � � ...� �� 33530 1ST WAY SOUTH June 24, 1997 Mr. David Morrison Parklane Ventures 31620 23rd Avenue South Federal Way, WA 98003 RE: Heritage Woods, Preliminary Plat Expiration Dear Mr. Morrison: F I La JPD (206) 661-4000 FEDERAL WAY, WA 98003-6210 W. The Heritage Woods preliminary plat expires on October 20, 1997 unless a final plat application is filed or a preliminary plat extension is granted. The City Council recently adopted amendments to the subdivision code which apply retroactively to allow five years for preliminary plat approval. A copy of the recently adopted subdivision code amendment relating to preliminary plat duration (pg. 181 - 183) is attached. Pursuant to Federal Way City Code (FWCQ section 20-131(a), an applicant may request an extension of the preliminary plat approval from the Hearing Examiner. The request for extension must be submitted to the Community Development Department at least 30 days prior to expiration (September 19, 1997). Please contact me at 661-4019 if you have any questions about the plat expiration or procedure for a time extension. Sincerely, 2im. � arris .6sociate Planner Crary Barnett, Senior Development Engineer Stephen Clifton, Public Works Development Services Manager Greg Fewins, Principal Planner Harry Schneider, Schneider Homes 6510 Southcenter Blvd. Suite #6, Tukwila, 98188 hw0ods%2597.1ar (e c) The hearing examiner may grant a one-year extension of preliminary plat approval or may allow division of the plat into separate phases, each with an expiration date and no further opportunity for extension. (Ord. No. 90-41, §1(16.120.10--16.120.50), 2-27-90) DIVISION 6 7. FINAL PLAT Sec. 20-43-1-132. Submission. (a) The A set of reproducible mylar drawings, and five sets of blueline copies thereof, shall be submitted to the director of community development services together with additional information and documentation as required in section 20-132. (b) The director of community development services shall route the drawings to the appropriate departments and agencies for review. (c) If the final plat is found to be incomplete or contain inaccurate information, the director of community development services shall return the mylar to the owner or his or her representative for correction. (Ord. No. 90-41, §1(16.380.10--16.380.30), 2-27-90) Sec. 20-433133. Contents. (a) All final plats shall contain the following information: (1) Name of plat. (2) Location by section, township, range, and/or other legal description. (3) The name and seal of the registered land surveyor responsible for preparation of the plat, and a certification on the plat by the surveyor to the effect that it is a true and correct representation of the land actually surveyed by him or her, that the existing monuments shown thereon exist as located and that all dimensional and geodetic details are correct. (4) The scale, shown numerically and graphically, meridian and north point. The scale of the final plat shall be determined by the department of public works in order that all distances, bearings and other data can be clearly shown. (5) The boundary line of the plat, based on an accurate traverse, with angular and linear dimensions. y -183- A (e g) Preliminary plat approval shall expire-4tree five years from the date of city council approval unless substantial progress has been made toward completion of entire plat, or the initial phase of the plat, if the preliminary approval included phasing. In the event the applicant has not made substantial progress toward completion of the plat, the applicant may request an extension from the hearing examiner. The request for extension must be submitted to the department of community development services at least 30 days prior to the expiration date of the preliminary plat. (d b) In considering whether to grant the extension, the hearing examiner shall consider whether conditions in the vicinity of the subdivision have changed to a sufficient degree since initial approval to warrant reconsideration of the preliminary plat. If the hearing examiner deems such reconsideration is warranted, a public hearing shall be scheduled and advertised in accordance with section 20-! 1 ! 20-115. y - 182 - /^ RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMPNT July 10, 1997 Jim Harris Via Fax / 661-4129 Associate Planner City of Federal Way FA Ll733530-1 st Wa South [E-71 Federal Way, WA 98003 7//00?7 Re: Heritage Woods - Application for Plat Approval Extension Dear Jim, PARKI.ANE ParkLane Executive Center 31620-23rd Avenue South #320 Federal Way, Washington 98003 Telephone: (206) 946-3652 Fax: (206) 946-3580 I am in receipt of your letter of June 24, 1997 advising that pursuant to Federal Way City Code (F.W.C.C.) Section 20-131 (a) an applicant may request an extension of the preliminary Plat approval from the Hearing Examiner. We herewith submit our request for an extension of the preliminary Plat approval of Heritage Woods. The conditions for final Plat approval for the Plat of Heritage Woods have been substantially complete. The following conditions have been completed: 1. Approval of Improvement Plans All of the improvement plans for road and storm, sewer and water, and power, telephone, natural gas and cablevision have been approved for the entire 111 lots of the Plat. Also, a Wetland Enhancement and Park Development Plan has been approved. 2. Completion of Development and Recording of Div. The development and recording of the Plat is being phased. The First Division of 45 lots has been developed and Div. 1 was recorded in Marche, 1997. Division 1 contains 45 lots and 9 tracts of land. 3. Tract A - Park Dedication and Development Tract A of Div. 1 was dedicated to the City with the recording of Div. 1. Tract A contains 4 acres. Parklane also deposited a Performance Bond in the amount of $50,000 to guarantee the completion of an open space park within the westerly portion of the park. Both the dedication of Tract A and the development of the park were conditions for final approval of the entire Plat. The City would not allow a proportionate amount of dedication and development of the park with Div. 1, but required the entire tract be dedicated and developed with Div. 1. We are committed to quality, value and service to frlfen is a ralomers excad !tlCRIlI$ Rllft ['.TCCCd tllelr expo atio us. 4. Wetland Enhancement As required we completed the development of a Wetland Enhancement Plan for the entire Plat, and guaranteed the continual maintenance of the wetlands and buffers for five years. 5. Storm Detention Facility We completed the development of a Storm Detention Pond and facilities that was designed to accommodate the entire development of 111 lots. Although Div. 1 has been developed, the City will not accept the ownership or maintenance of the Storm Detention Facilities until the balance of the Plat has been developed. 6. Housing Construction Div. 1 Of the 45 lots developed and recorded in Div. 1, 12 Building Permits have been issued and 12 homes have been started, with completion scheduled for September of this year. The remaining lots will receive Building Permits this year and these homes will be completed in the Spring and Summer of next year. The remaining items need to be completed to satisfy all conditions for final Plat approval. 1. Div. 2 Development - Completion of the Plat We expect to start development of Tract G which is the balance of the Plat, in August. Tract G will contain 66 lots. We expect the development to be completed by January or February 1998, depending on weather. The development will be bonded with a Performance Bond, to cover the completion of all of the conditions for final Plat approval, but the City will not allow bonding of required improvements to satisfy final Plat approval and recording of the Plat. The City requires that all required improvements be complete, before granting final Plat approval and allowing the balance of the Plat to be recorded. 2. Recording of Final Plat of Div. 2 The final Plat map is being prepared at this time and will be submitted to the City in August, for final review and approval, ready for recording. Hopefully, we have completed sufficient work and satisfied sufficient conditions for final Plat approval, for the City to grant approval to our request for extension. Please process our request at your earliest opportunity, as the Plat approval expires October 22, 1997. Sincerely, 4 W" en �- David Morrison General Manager A A_statement that affected pmperty owners may request a chanaQ in valuation for properrtyt-ax purposes notwithsun ing_any DrQgram of revaluation. 20-129 Effect of decision, W Final decision. The city council's dg&ision sh,1i] be the city's finq} decision on the -Preliminary-tat application_ Effect on gpplicant, Prior to construgtiQn of improvements ovements Wrsuantjo iminary., Ptat approval, nin rin rwin for ljc improv?,ments shall be s ,pi mi for review and approval to the department of public works and the Lakehaven Utility__]7istrict and S-ity of f noma_public, utilities departmenj. The applicant may not engage in any activity based on the decision. including construction or site work,_until final apprsy�] of all engi,n.eering and utiIity plans including gQrm drainage, the payment of all pertinent fees, the submittal of performance and maintenance securities as may -be re uireda and a pre -construction meeting has been }geld. W Effect on city. Approval Qf the preliminary2 ]it by the ,Ety council shall constitute acceptance of subdivision Iayout and deslgnand shall in_ciude al] conditions. restrictions and other requirQments adopted hy_the council as .part of plaX approval i y_c_Quncii approygl_of a Pi iminary_plat shall not ConStitut-e-approval for land 6earing or grading, �egetatian removal, or any other activities which otherwise require .,_permits from t,11e city. 20-130. Judicial review, The action _of the city in granting or denying an--a-ppficatiQn under this article maybe reviewed pursuant to 36 70C in the icing County Superior Court The land use petition must be filed within 21 calendar days of issuance of the city's. final decision on the preliminary_ plat ap.plication. nding to bring the action is limited to the following parties; Q The applicant or Owner of the pro;)city on which the subdivision is proposed, Anyproperty owner within 300 f9ot of the pr2posal An)Lp_r.Qperty owner who deema himseIf aggrieved thereby and who will s_uf%r direct and substantial impacts from the proposed subdivision. Sec. 204174 131. Effect; Dduration Qf approval. ■■ � ■ r ■e r r s y 139 NoweFFFIFFINIM . ■ • ■ ■ ■ r r ■ . ■ ■ ■ ■ r ■ ■ • • r ■ ■ ■■ ■ ■ ■ ■ ■ ■ • • ■ ■ ■ r.ZS+flii■Y Jl�Ri}.Rii1 ■ ■ MW M tGM will r : ■ r ■ ■ ■ ■ • ■ ■ • ■ sl�ll�■111i14■ ■ ■ ■ ■ ■ r ■ ■ ■ e • ■ ■ ■ ■ ■ ■ ■ r ■■�■■rswal..il1•t rMan■ ■ r ■ (c.a) Preliminary plat approval shall expire -three fLy& years from the date of city council approval unless substantial progress has been made toward completion of entire plat, or the initial phase of the plat, if the preliminary approval included phasing. In the event the applicant has not made substantial progress toward completion of the plat, the applicant may request an extension from the hearing examiner. The request for extension must be submitted to the department of community development services at least 30 days prior to the expiration date of the preliminary plat. (d h) In considering whether to grant the extension, the hearing examiner shall consider whether conditions in the vicinity of the subdivision have changed to a sufficient degree since initial approval to warrant reconsideration of the preliminary plat. If the hearing examiner deems such reconsideration is warranted, a public hearing shall be scheduled and advertised in accordance with section 26--111 20-119. (e g) The hearing examiner may grant a one-year extension of preliminary plat approval or may allow division of the plat into separate phases, each with an expiration date and no further opportunity for extension. (Ord. No. 90-41, §1(16.120.10--16.120.50), 2-27-90) DIVISION 6 7. FINAL PLAT Sec. 20-13-t132. Submission. (a) The A set of reproducible mylar drawings, and five sets of blueline copies thereof, shall be submitted to the director of community development services together with additional information and documentation as required in section 20--13-2 133. (b) The director of community development services shall route the drawings to the appropriate departments and agencies for review. 140 Crr6OFO,�� (206) 661-0 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003-6216210 June 24, 1997 Mr. David Morrison Parklane Ventures 31620 23rd Avenue South Federal Way, WA 98003 RE: Heritage Woods, Preliminary Plat Expiration Dear Mr. Morrison: The Heritage Woods preliminary plat expires on October 20, 1997 unless a final plat application is filed or a preliminary plat extension is granted. The City Council recently adopted amendments to the subdivision code which apply retroactively to allow five years for prelirninary plat approval. A copy of the recently adopted subdivision code amendment relating to preliminary plat duration (pg. 181 - 183) is attached. Pursuant to Federal Way City Code (FWCC) section 20-131(a), an applicant may request an extension of the preliminary plat approval from the Hearing Examiner. The request for extension must be submitted to the Community Development Department at least 30 days prior to expiration (September 19, 1997). Please contact me at 661-4019 if you have any questions about the plat expiration or procedure for a time extension. Sincerely, -�Jim- arris Associate Planner c: Gary Barnett, Senior Development Engineer Stephen Clifton, Public Works Development Services Manager Greg Fewins, Principal Planner Harry Schneider, Schneider Homes 6510 Southcenter Blvd. Suite #6, Tukwila, 98188 hw00&\62597.Itrr f B.UNING NNW Fo.,I • I.I. k-0 1 '—�2"�� 1 2. Um. rnr 7i 8" 2" NPS Slipfitter 2. 4 1/2" O.D. 4 1/2" O.D. Alum. Tube .16 W011 Alloy 6063—T6 "A" Sim Ground Finish Mounting R5•-9" Height 1 Two 1/2"-13NC x 5 3/4"t 1,116" Lang Stainless �J Steel Studbolts With (2) 1/2 --13NC S.S. Hex. Nuts And (2) Nylon Lockwashers �--4 1/2' O.D. "bl�F7ush Joint Notes: 1) Pole Assemblies Designed To Support Maximum Luminaire Size Of 1.5 Sq. Ft. E P.A. And 60 Pounds In A 100 mph Isotach 130 mph Gust Velocity Wind Per HAPCO Criterio. . 2) 4043 Filler Wire Used For Welding. 3) Only The Base Flange Welds Are Heat Treated 4) Packing Per HAPCO Standard Procedure. Tapered Alum. Tube "C" Wall Alloy 6063—T6 Satin Ground Finish 1/2"-13NC Tapped Hole For Grounding Handhole Frame SECTION INRU HANDHOLE Item No. A B G D 65635-001 30' 23'-3' .188' 12' 65635-002 35' 28'— .219 12' 65635-003 35' 28'— .250 16' 65635-004 30' 23'— 219 16' 65635-005 40' 33'— 250 ITT Four 1'-8NC Steel Anchor bolts ASTM A576, AISI Grade I I' To 12' D/a. 1021-1046, 50,000 psi Minimum Yield, Mean Dia. Of Bolt Circle Rod Stock 0.908"k-0110, Out Of Round Tolerance: t 0.012", Rolled Or Cut Threads Per ASTM A307, Class 2,4, Top 10" Galv. Per ASTM A153. (8) 1 "-8NC Galv. Stl. Hex. Nuts b (4) 1" Galv. St/. Lockwashers (8) 1' Galv. St/. Ratwashers 6• Handhole (4" x 6' Nominal) Non—FJush Type, .Thread T Complete With Reinforcing Frame Alloy 356—T6,3' O" Cover And Stainless Steel Hex. Hd. Screws Base Flange Alloy 356—T6 With Bolt /Covers And Stainless Steel Hex. Hd. ,Screws "cwsKCHs JOB: MILITARY RD @ S. 284TH NAWMUk Ds NO L"" UaWmN F" r16 Uwsrrk" L--� I 'R"DAV/T POLES C� < m r ccW ® p 0 LWI. c Q � 0 U U m a m o L0 c0 m '� scxc 32.00 I cATz O8 23 8Z _ ar LW °Wa` Ha -jr B65635 RL=400 CUTOFF LUMINAIRE Provides state-of-the-art optics while re- ducing glare and discomfort, improving visibility, and minimizing light pollution. Hubbell's RL-400 Roadway Cutoff luminaire provides an optimum solution for today's technically demanding area and streetlighting applications. Utilizing state-of-the-art engineering and design technology, the RL-400 Cutoff Series provides precise asymmetrical cutoff control resulting in no spill light above 90' and superior veiling luminance which reduces glare. Additional high performance features include Hubbell's modular wiring center and tool -less ballast access, thereby resulting in easier installation and maintenance. Its design allows maximum energy and illumination efficiency, while atthe same time reducing total operating cost. Available in wattages ranging from 200 to 400 watts, its specially designed optional magnetic regulator ballast increases lamp life and improves overall optical and electrical performance. Hubbell's RL-400 Roadway Cutoff Series provides the ideal roadway lighting system to improve the appearance of street and parking areas, increase traffic safety, and combat crime and vandalism. It's ideal for either new construction or retrofitting onto existing mast arm installations, in short any application which requires sharp cutoff control. Recommended applications for this luminaire series include: • Roadways . Automobile dealerships • Parking areas • Industrial parks • Malls Airport areas Housing — Rugged, die-cast, aluminum housing finished in durable gray or bronze LEKTROCOTE® polyester. Ballast — A wide range of ballast types and voltages, including an efficient magnetic regulator design. Power Module — Permits easy access to the ballast compartment and allows either door or top housing mounted ballast. Lens — Flat, tempered and impact resistant glass. Optical Assembly — True cutoff, highly engineered faceted reflector design produces low veiling luminance and excellent illuminance. Socket — Socket assembly permits easy field adjustments to obtain different photometric distributions. Mounting — Provides a complete selection of arms for most mounting requirements. Stabilized "bird shield" permits 1'/4" through 2" pipe sizes. Additional Features: • Two door system • Sealed optical compartment . Plug-in starting aid • Modular wiring center • High strength latch and safety screw attached to the ballast compartment • Optics designed to optimize HPS sources • Computer designed ANODALO finished reflector • Custom-R-Build (modular) catalog logic • 90° cutoff Options: • Magnetic regulator ballast • Tool -less top housing entry . Top housing or door mounted ballast . Fusing . Leveling device indicator . Bronze Lektrocote finish (M-51) • Charcoal filter assembly • Silicone gasketing . U.L. Listed O 77 rHu9BELL Lighting, Inc. f- 't DIMENSIONS (203 m 15'/4" (406 mm) 361/4"— (915 mm) (203 mm) 12" MIN (305 mm) DISTANCE FOR DOOR REMOVAL E.P.A. 1.0 SQ. FT. Project MILITARY RD. @ S. 284TH Type Catalog Number RLCD-4OS76-032-025-0-M53 Remarks CATALOG LOGIC r- 5a RL—CD-40S71 Roadway Large Unit - RL Lens - Ballast Mounting CT - Cutoff, top ballast CD - Cutoff, door ballast Wattage 20 - 200 HPS 25 - 250 HPS 31 - 310 HPS 40 - 400 HPS/Metal Halide Source S - High Pressure Sodium H - Metal Halide' Ballast Type 3 - Auto -Reg, AR, CWA, PLA 7 - Magnetic Regulator? Voltage' 5 - 480 6 - 120/240 7 - 240/480 8 - Quad (120, 208, 240, 277) i — 0; 12-025-0—M53 Finish Fusing M51 - Bronze 0 - None M53 - Gray 1 - 120 2 - 208 3 - 240 4 - 277 5 - 480 Latching2 5 - Screw & latch 6 - Screw only Photocontrol Receptacle A - PCR 240V5 2 - None 3 - With PCR3 Listing 0 - None 1 - U.L Photometrics-Gasket'-Source 021 - MCII, Felt HPS 022 - MCII, Silicone HPS 031 - MCIII, Felt HPS 032 = MCIII, Silicone HPS • 1 N/C9U nxtures wirea Tor T ZU vo¢ Z4w4au fixtures wired for 480 volt Quad fixtures wired for 277 volt 'Recommend use of screw & latch when mounting ballast on door. 2240 volt PCR is wined for 120 voh photoconlrol. 'Charcoal filter is furnished wish silicone gasketed unit SOrder photocontrol separately (PTL series). 640OW only T-18 lamp required. ?HPS only 150 Hz ballasts available, consult factory. SUGGESTED SPECIFICATION The luminaire shall be Hubbell Lighting Division type The flat door glass shall be impact resistant and clear. RL-400 cutoff version, Catalog No. to Light distribution shall be full 900 cutoff and meet ANSI/ operate a watt lamp at IES specifications (specify). volts. The luminaire shall be constructed of a sturdy die-cast aluminum housing, lens door, and power door. (Photoelectric control receptacle optional.) All hardware to be of corrosion -resistant material. The optical assembly shall consist of an ANODALo finished, precision -engineered, faceted aluminum cutoff reflector with adjustable socket Optical system shall be sealed with a self breathing dacron polyester felt gasket to prevent entrance of airborne contaminates. NOMINAL WTS. 250 HPS 36 lbs. 400 HPS 38 lbs. 400 MH 37 lbs. O Lighting, Inc. The power door shall contain an integral HPS ballast with disconnect plug for easy removal and replacement. The lamp socket shall be prewired to a modular wiring center for connection of the supply leads. The ballast should be capable of starting and operating the lamp within the limits specified by ANSI C78. The starting aid for HPS ballasts shall be the plug in type, completely enclosed and removable without the use of tools. The luminaire shall be in accordance with ANSI standards. OPTIONS Factory installed, order by adding suffix to catalog number. Suffix Description -RWLI Bubble level indicator -PSC Shorting cap for photocontrol receptacle -L Lamp (shipped separately) HubbeIVLlghtIng, Inc. 2000 Electric Way, Chdstiansburg, Virginia 24073, (703) 382-61 t 1 a Fax: (703) 382-1526 ■ Telex: 23-7407719 Hubbell Canada, Inc., 870 Brack Road South, Pickering, Ontario L1 W1Z8, (905) 09-1138 . Fax: (905) 639-9108 . Telex: 06-98128B Hubbell, Ltd., Ronald Close, Woburn Rd. Ind, Estate. Kempston, Bedford, England MK42-7SH . Tel (44 234) 856444 • Telex: 826065 July 1994 01994 Hubbell Incorporated Printed in U.S.A. BT-28 ET 18Q BT-37� E-25Q E017� ET23.5Q T LUMALUX° STANDARD LUMALUX® OOH to N0. ��° Haled=mBan CI w6135 ANSI Sped. Pkq. OewpUan HoursOrdarinqMW13U Us Uem No. Abbrevladan Number Ory. 16000+ 25 2250 2025 3'/,s 5'/,s 35 ED-17 Med. 67500 LU35/MED S76HA-35 20 Clear 16000+ 2150 1935 3'/,s 5'/,s 67501 LU35/0/MED S76HB-35 20 Coated 24000+ 4000 3600 3'/,s 57/,s 50 ED-17 Med. 67502 LOOMED S68LP 50 20 Clear 24000+ 3800 3420 3'/,s 57/,s 67503 LU50/D/MED S68LR-50 20 Coateds ET-23 /z Mog 67510 LU50 S68MS-50 20 Clear 24000+ 4000 3600 5 7'/z 7'/z 67511 LU50/0 S68MT-50 20 Coated' 24000+ 3800 3420 5 70 ED-17 Med. 67504 LU70/MED S62LG-70 20 Clear 24000+ 6300 5670 3'/,s 5'/,s 67505 LU70/0/MED S62LH-70 20 Coated' 24000+ 6000 5400 3'/,6 5'/,s ET-231/2 Mog 67512 LU70 S62ME-70 20 Clear 24000+ 6300 5670 5 71/2 67513 LU70/0 S62MF-70 20 Coateds 24000+ 6000 5400 5 71/2 T-7 RSC 67618 LU70/DE M85 12 Clear 10000- 7000 6300 21/4 41/2 100 ED-17 Med. 67506 LU100/MED S54SG-100 20 Clear 24000+ 9500 8550 37/,s 5'/,s 67507 LU100/0/MED S54SH-100 20 Coated' 24000+ 8800 7920 3'/,s 5'/,s ET-23'/z Mog 67514 LU100 S54SB-100 20 Clear 24000+ 9500 8550 5 7'/z 67515 LU100/0 S54MC-100 20 Coateds 24000+ 8800 7920 5 71/z 150 ED-17 Med. 67508 LU150IMED S55RN-150 20 Clear, 55 Volt 24000+ 16000 14400 39/,s 5"/,s 67509 LU150/0/MED S55RP-150 20 Coated, 55Volts 24000+ 15000 13500 395 s ET-231/2 Mog 67516 LU150155 S55SC-150 20 Clear, 55 Volt' 24000+ 16000 14400 71/, 5 '/z 67517 LU150/55/D S55MD-150 20 Coated, 55 Volts' 24000+ 15000 13500 5 71/2 BT-28 Mog 67518 LU150/100 S56SO-150 10 Clear,100 Volt' 24000+ 16000 14400 5 85/,s T-7 RSC R7619 LU150/0E M81 12 Clear 10000 15000 13500 25/e 53/,s 67519 LU200 S66MN-200 10 Clear 24000+ 22000 19800 53/4 9"/,s 200 ET-18 Mog S50VA-250 10 Clear 24000+ 29000 26100 53/4 9" /,s 250 ET-18 M09 67520 LU250 Coateds 24000+ 26000 23400 5 85/,s BT-28 Mog 67521 LU250/0 S50VC-250 10 24000+ 37000 33300 53/4 9"A6 310 ET-18 Mog 67522 LU310 S67MR-310 10 Clear 18000 50000 45000 53/4 93/4 350 T-141/2 Mog 67613 LU350 SUPER ® N/A 10 Clear 24000+ 50000 45000 53/4 9"A 4000 ET-18 Mog 67523 LU400 <— S51WA-400 10 Clear 47500 42300 7 11 Yz BT-37 Mog 67524 LU400/0 S51 WB-400 10 Coateds 24000+ 67/e 11 Y4 T-14.5 Mog 67615 LU400 PLANTA O S51 10 Clear 18000 52000 46800 65/e 1113/,s 600 T-16 Mog 67614 LU600 SUPER � S106 10 Clear 18000 90000 81000 67/e 111/4 67615 LU600 PLANTA O S106 10 Clear 18000 81000 72900 67547 LU750 S111NH-750 6 Clear14 24000+ 110000 99000 11Yz 750 BT-37 Mog S52XB-1000 6 Clear" 24000+ 140000 83/4 126000 83/4 15'/,s 1000 E-25 Mog 67307 LU1000 II ' LU'4DO 0 1) t 0 Energy Saving Product/Value Added Product 0 High Color Rendering Lamp @ New Item Footnotes/Symbols pgs. 153-155 GUIDE TO HIGH PRESSURE SODIUM LAMPS There are currently three families of CSRAM SYLVANIA INC. High Pressure DOME MOUNT SUPPORT Sodium lamps: LumaluxP Lumalux0D Standby and UnaluxO They are the most END SEALS efficient HID sources available. These lamps are used for general lighting appli- cations where high efficiency and long life are desired and color rendering is not critical. Typical applications include streetlighting, industrial CERAMIC WEATHER RESISTANT hi -bay, parking lot lighting, and building floodlighting. GLASS ARC TUBE LUMALUX8 il -Available in a broad range of mogul base general lighting lamps from 35-1000 VACUUM watts for universal operation. Lamps from 35 to 150 watts are also available in ARC TUBE MOUNT medium base. All lamps are available in clear and coated bulbs. LUMALUX® STANDBY NECK MOUNT SUPPORT These lamps are designed with two arc tubes to provide instant restrike capabil- ity in the event of a momentary power interruption without total loss of light. MECHANICAL BASE WITH UNALUX® DATE RECORDING FEATURE These retrofit lamps are designed to operate on all mercury reactor ballasts when increased light and reduced energy is desired. LUMALUX® AND LUMALUX® STANDBY LAMPS WARNING 1. These lamps must be operated with a fixture and ballast which has an ANSI designation identical to the ANSI designation on the [amp etch on the outer glass bulb, otherwise the lamp mayshalterresulting in the discharge of hot glass particles. SHOULD THIS OCCUR, THERE IS A RISK OF PERSONAL INJURY, PROPERTY DAM- AGE, BURNS AND FIRE FROM HOT PARTICLES OR SHATTERED GLASS. Do not remove or insert lamps when power is on. If outer glass bulb is broken, shut off power immediately and remove lamp after it has cooled. Do not expose operating lamp to moisture. Replace the lamp if outer glass bulb has been scratched, cracked or damaged in any way. Electrically insulate any metal support in contact with the outer glass bulb to avoid glass decomposition. Operating and Installation Instructions 1. To avoid burn injury, allow lamp to cool before removing from the fixture. To ensure electrical contact, screw lamp firmly but not forcibly into the socket. Excessive force may cause the outer glass bulb to break. Lamps may be operated in any position. 4. To minimize cycling, replace lamp at or before end of published rated life. S. Lumaluxe lamps require a specially designed base socket electrically rated to withstand 4000 volt pulses except LU750 and LU1000 which require sockets to with- stand 5000 volt pulses. UNALUX®LAMPS WARNING Unalux lamps will operate satisfactorily on conventional Mercury ballast circuits meeting current ANSI specifications. Ballast must be high leakage reactance lag type au[o-Iransfommer; or a 240 or 277 volt reactor for the 150W. 215W. 36OW lamps and a 480 volt reactor for the 88OW lamp. Lamps should not be used in luminaries which cause excessive increase in arc tube operating voltage. Do not use these lamps with constant wattage or constant wattage auto -transformer ballasts, conven- tlonal high pressure sodium ballasts or equipment not meeting conditions shown In the following table. Approximate Mercury ANSI Unalux Lamp Lamp Wattage Ballast Unalux Type Wattage 175 (H30) ULX-150 150 250 (H37) ULX-215 215 400 (H33) ULX-360 360 1000 (H36) ULX-880 880 1- AREA LIGHTING .'� RESEARCH, INC. _1 4 J "SST" SERIES DIMENSIONS: 3" Dia.; 2 1/8"H "SST" Series: SOLID STATE CONTROL The SST solid state photocontrol is the industry's most technologically advanced method of controlling street lighting with over 15 years of field experience and custom designed electronics providing precise light- ing control and stable performance. The device uses an integrated chip and silicon light sensing element to hold specifications up to five times longer than conventional cadmium sulfide CdS controls. The combination of these two electronic design features absolutely prevents light level drift so that the light levels remain constant for the life of the control. All SST series controls are equipped with an inverted OFF to ON light level ratio of (.6). This feature adds to the reduction of burn hours, particularly for the_ new higher "ON" level control recommended by professional lighting engineers for visibility and safety. The result of these features are maximized savings in replacement, labor and energy costs that can add up to hundreds of thousands of dollars over the course of a few years. Model Volts Rating Std. Ctn. Ctn. Wt. (lbs.) Housing Color SST-IES 105-285 1800VA 12 5.0 Blue SST-PV 105-285 1800VA 12 5.0 Blue SST-120 120 1800VA 12 5.0 Grey SST-240 240 1800VA 12 5.0 Red "Fail Off" Controls Available - Please Consult Factory. SST-IES: New Visibility & Safety Standards Required Sv Professional Engineering Groups. Liability concerns with respect to roadway visibility and safety dictate the aliowance for luminaire warm-up time (4 minutes for H.P.S.). Growing litigation in this area has in- spired extensive study by professional lighting engineers, who have concluded that the solution lies in providing a control with a higher turn "ON" light level. The consensus is that the "ON" light level should be set at 3.0Fc, allowing street lights enough time to come up to safe visible levels. Increasing the "ON" light level creates a problem for a conventional cadmium sulfide (CdS) control because it also increases the "OFF" level by 3-5 times resulting in an enor- mous increase in burning hours. Current acceptable stan- dards (ANSI C136.10-1988) actually allow for the CdS con- trol weakness with a maximum 5 to 1 "OFF" to "ON" ratio. The SST series with its inverted light level ratio (.6 the "ON" level -ex.: Lights On at 3.0 Fc-Off at 1.8Fc) preserves the utility's luminaire burn hour requirements. Additionally, to prevent reoccurrence of warm-up time, a time delay (rec- ommended minimum 46 seconds) should be employed to prevent stray light tripping. Suggested Specification SST-IES The outdoor lighting photoelectric controls (OLC) shall be of a solid state crystal sensing type with an inverted tum-on and turn-off design. The OLC shall be designed to turn -on at 3.0 footcandles (FC) W-25%). The OLC light sensor shall have a dedicated inverted control cir- cuit such that the turn-off value will be 60% of the turn on value (1.8 +/-25%). The OLC shall have a maximum total drift of not more than 1% over ten years. All the preceding shall be attested In a test report by a notion- ally recognized test laboratory. The OLC shall be de- signed to operate properly over the input voltage range of 105 to 285 volts with no change in the turn -on and turn-off FC values. The OLC shall be designed such that the output control relay shall have minimum 30 seconds time delay to prevent false turn-off from momentary light flashes. The OLC output relay shall be fully rated at 1800 VA, 15 amps for all HID lamps and shall be of the fail-safe (fail -on) type of design. The OLC shall have a built in MOV for lightning and translent/surge protection. The control shall also have secondary Zenier diodes and transient filters. The printed circuit board shall be properly coated to prevent corro- sion. The OLC cover shall be made of blue hi -Impact Noryl plastic that is UL listed break resistant and flame retarding material and shall conform to ANSI standards of voltage color coding. The OLC window shall be made of acrylic with the proper UV stabilizers to prevent discol- oration. The OLC shall conform to all IES street lighting standards and the ANSI 136. 10 specs for twistlock photo - control devices. The OLC shall be Area Lighting Research Model #SST-IES or approved equal. 60 Asbury Road • Hackettstown, NJ 07840 • 908-852-2205 • Fax; 908-852-2816 on TABLE OF CONTENTS I. Project Overview 1 4 II. Preliminary Conditions Summary III. Offsite Analysis 17 24 IV. Detention Analysis and Design V. Conveyance System Analysis and Design 52 69 VI. Special Studies and Reports 69 VII. Basin and Community Planning Areas 69 VIII. IX. Other Permits Erosion/Sedimentation Control Design 70 X. Bond Quantities Worksheet 74 XI. Maintenance and Operations Manual 75 Tables and Figures Fig. 1 site location Fig. 1A technical information E5�-t--- 3a 2 Fig. 2 upstream drainage map 22 Fig. 3 downstream drainage map 23 Fig. 4 soils map 31 Fig. 5 existing site hydrology 49 Fig. 6 Detention pond detail 61 Fig. 7 Catch basin overview plan Appendices A Charts, graphs, tables from King County manual I. PROJECT OVERVIEW Heritage Woods is a proposed 111 lot residential subdivision situated on 41.9 acres in the City of Federal Way. It is located west of Military Road and south of Star Lake Road. The southern half of the property is mostly rolling meadow and brushy knolls, with a slope of 2% to 5% in all directions, but predominantly to the northeast. There is a centrally located strip of heavily forested terrain with some steep slopes of 15% to 45% falling to the northeast. At the toe of this slope and extending throughout the northern portion of the property is an area of terraces and clearings. This area contains minor wetlands areas, brushy sparse forest, a man-made one acre pond, a modular residence, ancillary structures and cultivated lawn areas. Old Military road transverses the site and remains partially paved. This lower area is the only portion of the entire property with any existing improvements. The existing surface water runoff appears to sheet flow naturally down the vegetated slopes. Much of the runoff flows toward Military Road, which channels the drainage to the north through a roadside ditch. A constructed ditch then carries the runoff into the man made pond. The remaining runoff sheet flows in shallow natural channels directly into the pond. A very small portion of the property drains to the west, into an existing residential development. This project is located within the North Lower Puget Sound sub -basin of the Lower Puget Sound Basin. The soils have been mapped by the SCS as Alderwood sandy, gravelly loam. The onsite wetlands will remain undisturbed with an identified 100 ft. perimeter buffer except for the two wetland areas on the upper level (wetland A and L). The two smaller wetlands will be filled and re-created in the lower, northern portion near the majority of the existing wetlands. Neither of these two wetlands stored a significant amount of surface water, as confirmed on page 5, item 3, of the City Staff's wetland analysis (Exhibit H, 5/26/92). The proposed drainage conveyance system will consist of a network of catch basins, pipes, ditches and roadway gutters. This network will collect the surface runoff and channel the drainage flows into the existing pond. This 1 acre pond will act as a wetpond, or polishing pond prior to discharge into the two -cell detention pond. The detention pond will discharge into a 200 ft. long, grass -lined biofiltration swale which will terminate near the north property line. The swale discharge will flow into the wetland system that was the receiving basin for the predeveloped surface runoff. An exception to this statement is the diversion of approx. 8.5acres in the southwest corner of the property. This area currently drains to the west and into the rear yards of the Laurelwood North subdivision. l L During meetings with the neighbors in this area, it was mentioned that some of these homes are currently experiencing "wet basement" problems. The proposed diversion of this flow to the wetlands to the north may relieve some of that problem. The detention pond and biofiltration Swale have been designed as outlined the 1990 King Co. Surface Water Design Manual. The SBUH hydrograph method was used to produce the 2 year and 10 year, 24 hr. design storms. �rU Sl l l_oc.fx,T,, c rJ VICINITY MAP KT.S. Page ' K► , County Building and Land Developms jDlvlslon TECHNICAL INFORMATION REPORT (TIR) WORKSHEET ProjectOwner P�-r �' _ \i",J �Y Address Phone 94- irp S O Project Engineer Ne Company , lNL. 3. Ir - •'-P r Address Phone'i��r'' I. " viner Community a ,Cn f L JL J M,ti Drainage Basin r' River Stream Critical Stream Reach Depressions/Swales Lake �E:F,r Q) •z "J Steep Slopes a -Q-- :t- Lakeside/Erosion Hazard Soil Type i lA exrc.,.3001_ s41 Slope = Additional Sheets Attatched o...: ,akl--- t TOE-, n n: I 1 ) cl-�.:1 J7-- Location Township N Range ¢ E- Section 33 Project Size i i NC AC Upstream Drainage Basin Size AC 0 DOF/G HPA 0 COE 404 0 DOE Dam Safety 0 FEMA Floodplain COE Wetlands Shoreline Management 0 Rockery Structural Vaults 0 Other 0 HPA Floodplain Wetlands 0 Seeps/Springs 0 High Groundwater Table 0 Groundwater Recharge Other Erosi n Potential Erosive Velocities mr�(4r• vrL - — 4 S' Kin, ounty Building and Land Developmen, vision TECHNICAL INFORMATION REPORT (TIR) WORKSHEET REFERENCE Ch. 4 - Downstream An sis ��•� C+ C'i•. n17 � 0 a a Additional Sheets Attatched MINIMUM ESC REQUIREMENTS DURING CONSTRUCTION -� Sedimentation Facilities I�Kr Stabilized Construction Entrance Perimeter Runoff Control Clearing and Grading Restrictions Cover Practices Construction Sequence Other LIMITATION/SITE CONSTRAINT C]a.r o •ram �•�: �CI�� C_C� Y'(� •ram t Grass Lined Channel 0 Tank Pipe System Vault Open Channel Cl Energy Dissapator 0 Dry Pond Wetland Wet Pond Cex�st• �°r Stream Brief Description of System Operation Cej� Facility Related Site bmitations Reference Facility Limitation =1 Cast in Place Vault Other Retaining Wall 0 Rockery > 4' High Structural on Steep Slope r,• leu� p 7 rbc,,r,rc .f � �= � rr tip; �' � ;'`�-,. •,•. r MINIMUM ESC REQUIREMENTS FOLLOWING CONSTRUCTION Stabilize Exposed Surface Remove and Restore Temporary ESC Facilities . Clean and Remove All Silt and Debris Ensure Operation of Permanent Facilities Flag Limits of NGPES Ej Other Infiftration Method of Analysis 0 Depression sau H 0 Flow Dispersal Compensation/Mitigation l] Waiver of Eliminated Site Storage 0 Regional Detention i Au 6 I I or a civil engineer under my supervision have visited the site. Actual site conditions as observed were incorporated into this w+odu6aat and the sttatchments. To the bast of my knowledge the Information provided here is accurate. = Additional Sheets Attatched Drainage Easement fy%ucit') Q Access Easement Native Growth Protection Easement Tract pvz-u Other 0 tT LAKEHAVEN UTILITY DISTRICT k 31627 -1st Avenue South ■ P.O. Box 4249 • Federal Way, Washington 98063 CSeattle: 941-1516 • Tacoma: 927-2922 • Fax: 839-9310 January 29, 1997 COMMUNITY DEVELOPMENT NT DEPARTMENT Environmental Health Services JAN 3 0 1997 Alder Square, Suite 101 1404 Central Avenue South Kent, WA 98032 Re: Developer Extension Plat of Heritage Woods Div. 1 Agreement No. 92-252 Gentlemen: This letter serves as a status report for the referenced project for your use in advising the King County Council on final plat acceptance. The sanitary sewer and water distribution systems for this project are substantially complete. The developer has entered into a supplemental agreement with Lakehaven Utility District and the District has accepted a cash deposit guaranteeing completion of construction of the sewer and water facilities for the project. Please call me at 946-5406, if you have any questions. Sincerely, /ohn A. Jen Engineering Technician JAJ/krb c: Parklane Ventures, Inc. Jaeger Engineering Jim Harris, City of Federal Way Inspection Dale A. Cap Mark Miloscia Dick Mayer Donald L.P. Miller Beverly J. Tweddle Commissioner Commissioner Commissioner Commissioner Commissioner O E cca Q N O N U L CO L 3 3 U co ,O -a U Ca d O C U ca O N co L � ca Ua.c) .- _ _• •'sue.- _'.,_. ,. � _ .. - - `- ••. cu U c cnCD 0 ^O 0. V/T�11 4- TW i Z N L 4 L N N .-. c6 a •a +' O L N p a)N O 0 0 ++ N - '� T- (D p m X X �— O �y :� X a) N X X w CO !n zo cD LO O •• a . U� N CD � 1 /30/97 Mr. Phil Watkins, Chairman Land Use & Transportation Committee City of Federal Way 33530 1 st Way So. Federal Way, WA 98003 Re: Heritage Woods DIV. I - Rezone and Final Plat Approval Ordinance Dear Mr. Watkins and Committee Members: PARKLANE ParkLane Executive Center 31620-23rd Avenue South #320 Federal Way, Washington 98003 Telephone: (206) 946-3652 Fax: (206) 946-3580 City Staff is preparing their report for Final plat approval and recording of DIV. I of our Heritage Woods Single Family Subdivision, located on Military Road at S. 282nd. Heritage Woods will contain 111 single family lots. The Plat received preliminary approval in October, 1992. We have obtained Plan Approval to develop all 111 lots, but for market and financial reasons phased the development of the plat. Division One contains 45 single family lots, the 4.1 acre Tract A being dedicated and developed as a City Park, and three additional open space Tracts B, C and D for pedestrian access, open space, and sensitive areas. We have also developed Tract E which contains all of the required storm detention facilities for the entire plat. Division One also includes two Tracts H. and J. which contains 7 preliminary approved lots, which we developed, but due to their steepness, have made the subject of a new Grading Permit application. These lots, when approved for more conventional construction on structural fill, will be part of Division Two. Division Two will contain 66 single family lots and must be developed and recorded before the expiration of the preliminary plat in October/97. We obtained a commitment from Schneider Homes Inc. to purchase the lots in DIV. I on the condition that we have DIV. I recorded by February 15, 1997. Schneider Homes Inc., is a well established, respected builder/developer who developed and built the beautiful homes in View Point at Redondo. Schneider Homes would also develop and build -out the 66 lots within Division Two. We have been working very closely with City staff to satisfy all conditions for final plat approval and recording of DIV. I by February 15, 1997. We have been advised by City staff that your next meeting is February 10th, at which time you will review and discuss the staff report, and make your recommendations to the Full Council. We are committed to quality, vahie aiid service to frr�1tf our customers' drenins and exceiW their expertalions. '= 7 I understand that the next meeting of the full Council is Feb. 18/97. In order to assist us in meeting our commitment with Schneider Homes, Inc., I respectfully request that your committee present its report to the Council February 18th and recommend that the Council suspend the Rules to permit the Ordinance to be heard in one Hearing and that the effective date of the Ordinance be five, rather than thirty days. This would allow DIV. I to be recorded on or about Feb. 24/97. I will be in attendance at your February 10th meeting and would appreciate the opportunity to discuss the importance of my request with all members of your committee. cc: Greg Moore Jim Harris Sincerely, David Morrison CITY OF (206) -0 33530 1ST WAY SOUTH FEDERAL WAY, WA 9800003-6216210 January 27, 1997 Mr. David Morrison Parklane Ventures 31620 - 23rd Avenue South Federal Way, WA 98003 RE. Heritage Woods Division I Final Plat Dear Mr. Morrison: This letter summarizes the remaining planning division items required to be completed prior to forwarding the Heritage Woods Division I final plat to the City Council Land Use and Transportation Committee. Revise the second sentence of the first paragraph of the wetland as -built report by deleting, "...additional advice and .equiren=ts from the City...". An additional sentence shall be added to the first paragraph to document the actual series of events, specifically wording to the effect of, ... additional plantings and restoration of wetland buffers were to compensate for unauthorized clearing and grading that occurred in several wetland buffers. 2. The wetland as built report must be revised on pages 7 and 17 to accurately reflect the quantity of wetland creation for area 7. 3. Revise the wetland as -built map and revise final plat map to reflect a 100 foot wetland setback from lot 45, and to be consistent with item 2 above. 4. Provide two final sets of wetland as -built plans and one complete final wetland as -built report. Provide bond for $9,240.00 ($7,700 x 120%) to guarantee five year wetland monitoring. The $7,700.00 comes from the approved wetland creation and enhancement plan estimated monitoring costs (page 23). The 120 percent monitoring bonding is required by SEPA condition 4(a). David Morrison January 27, 1997 Page 2 6. Your January 21, 1997, letter to Stephen Clifton indicates a $9,572.70 five year bond for wetland maintenance. The $9,572.70 is 30 percent of the estimated construction wetland creation and enhancement cost. This "maintenance" bond will suffice for the contingency element required in SEPA condition 4(a) provided it is for an amount equaling 30 percent of the actual construction cost of the wetland creation and enhancement. Please provide an actual cost of the wetland creation and enhancement, including additional buffer restoration area, and provide bond for 30 percent of actual cost. Both of the bonds shall include the appropriate administrative cash deposit. 7. Provide a cash deposit to cover anticipated city consultant costs for review of seven monitoring reports and inspections. I will forward an estimate of this cost when I receive it from Adolphson Associates Inc. (AAI). 8. Provide status of park signage to implement revised preliminary plat condition #5. 9. Provide status of preliminary plat condition #16 regarding sidewalks through the temporary cul-de-sac on 25th Place South. 10. Provide status of water and sewer acceptance letters from Lakehaven Utility District. To date, we have not received approval from Lakehaven. 11. Landscaping of the surface water facility pursuant to preliminary plat condition #10 has not been completed per the approved plan. The proposed 6' to 8' tall, full and bushy Douglas Fir trees along the east side of the bio-swale have not been planted. 12. Reimburse for all invoices to date from Adolphson Associates Inc (AAI) for wetland review. I have requested AAI to provide billings from October 1996 to the present. I will forward invoices as soon as I receive them from AAI. 13. As we discussed on January 22, 1997, the final plat application cannot be scheduled for the February 3, 1997, Land Use and Transportation Committee (LUTC), as the meeting has been rescheduled for February 10, 1997. The final plat is tentatively scheduled for the February 10, 1997, LUTC meeting. Please be advised that city staff needs all required information and improvements completed at least two weeks prior to LUTC, in order to prepare the LUTC staff report. Once the LUTC reviews the project, their recommendation will be forwarded to the full City Council. As I have previously advised, the ordinance adopting the rezone requires two readings before the full City Council, unless the City Council rules are suspended to condense David Morrison January 27, 1997 Page 3 the ordinance reading into one night. Greg Moore, Director of Community Development Services, has informed the LUTC chairman that you will request to condense the rezone ordinance into a single reading. 14. Typical time frame for ordinance enactment is 30 days from adoption. Greg Moore has discussed with the LUTC chairman the possibility of reducing the enactment time frame, as the plat cannot be recorded until the ordinance is in effect. 15. Greg Moore has briefly discussed with the LUTC chairman the possibility of condensing the ordinance reading from two to one reading, and reducing the 30 day ordinance enactment time frame. You may make the above requests to reduce time frames at the LUTC meeting during LUTC review of the final plat. Please contact me at 6614019 if you have any questions or if I can be of any further assistance. Sincerely, aunHarris Associate Planner c: Greg Fewins, Principal Planner Gary Barnett, Senior Development Engineer Stephen Clifton, Public Works Development Services Manager hwoodo\124971t.doe JCITYOF""� 33530 1ST WAY SOUTH September 20, 1996 Mr. David Morrison Parklane Ventures 31620 23rd Avenue South Federal Way, WA 98003 . RE: Heritage Woods Final Plat - Preliminary Plat Expiration Date Dear Mr. Morrison: (206) 661-4000 FEDERAL WAY, WA 98003-6210 Based upon a 1995 amendment to RCW 58.17.140, the maximum allowable time for a preliminary plat to be submitted for final plat approval is five years. This five year approval for preliminary plats applies retroactively to active preliminary plats within the City of Federal Way. The Heritage Woods preliminary plat will expire on October 20, 1997, five years from the date of final approval by the City Council. Please contact me at 661-4019 if you have any questions, or if I can be of any assistance. Sincerely, Harris, Associate Planner c: Stephen Clifton, Public Works Development Services Manager hwoods\92096.1tr From: BONNIE LINDSTROM To: GREGF Date: 1/22/97 4:59pm Subject: heritage woods -Reply I have looked into your various questions. However, before I respond to your timing questions, I do want to let you all know that Jim McNamara will be handling the drafting of this legislation for us under contract. Therefore, should you have any specific questions or input for him, please contact Shelly David in Law for Jim's number - he will have the file Friday afternoon. Now, as to your "timing" inquiries. What this all really boils down to is a political decision. Currently, the developer desires to have this matter put before LUTC on 2/3 and full council on 2/4 with a recording date prior to 2/15. This would require a number of things to occur. First, because the LUTC packet for the 2/3 meeting will be due on 1/27, you would have to submit to the Committee the staff report and a notation that the Law Department is working on the ordinance and resolution. Then, Jim would finish it and you would need to get it to LUTC members prior to the LUTC meeting. You would also have to prepare an Agenda Bill for the Council packet including the same staff report and notation re: Law preparing the ordinance. Then, if LUTC passed it on 2/3, you would have to get Phil Watkins to move to suspend the rules to be able to condense the ordinance reading into one night. This agreement would need to be reached ahead of time and Londi would then like the opportunity to brief Skip on the situation. Lastly, under the FWCC, all ordinances are effective 30 days after approval, with a few exceptions. One of those exceptions is FWCC2-202(8):" Ordinances adopting, amending or repealing the Federal Way Comprehensive Plan or Zoning Code Map or Text or any portions thereof." Therefore, if what you are attempting to achieve fits this definition, the 30 day provision can be shortened. Therefore, it appears that you can get the developer where he wants to be, when he wants to be there. But, do you want to do it? This is the political question and calls for a decision from Greg Moore. If memory serves me, this developer has been a problem all along - didn't he really drag his feet on some issues that Stephen and Gary Barnett had with him? Isn't it really his own fault that this process has backed him up against his own deadline? But, again, this isn't my call to make. Please just keep me apprised of the situation so that I can let Londi know what is going on and can also tell Jim a deadline on the ordinance and resolution. CC: GregM, JimH JAN-21-97 TUE 15:11 P. 01 1121197 Post -it* Fa— Note 7671 Dale %/ 97 gages■ : To , i' ? r� /r `5 Fro - iidrr S ail! Co./Dept. Go. Phone # Phone # Fax # Fax # Mr. Stephen Clifton Development Services Manager City of Federal Way RE: Heritage Woods DIV. I. - Bonds and Mitigation Fees PARKLANE ParkLane Executive Center 31620-23rd Avenue South #320 Federal Way, Washington 98003 Tetlephane: (206) 946-3652 Fax: (206) 946-3580 This letter will serve to confirm our understanding on the number, types and amounts of bonds to be provided, and mitigation fees to be paid, to satisfy the conditions for final plat approval and recording of DIV. I.- Heritage Woods. M *61`►1 1, Read and Storm - Maintenance Bond Bond Amount = $169,974.60 Term = 2 years All road and storm improvements have been completed except those items that have been approved to be deferred to on or before June 1197. The Performance Bond in the amount of $566,582., needs to be reduced to 30% of its value or $169,974.60 to be a two year Maintenance Bond. ecial ash - Performance Bond Bond Amount = $99,430.80 Term = June 1197 This Bond will serve to guarantee completion of the deferred construction items which will be completed prior to June 1197. Jim Jaeger has provided Gary Barnett the estimated cost of these deffered items to be $82,859. The required bond amount is 120% of $82,859, for a Bond amount of $99,430.80. 3 Clearing and Gr9dinq - Maintenance Bond Bond Amount = $55,800 Term = 2 Years. We provided a $186,000 Assignment of Funds for the clearing and grading of Heritage Woods_ We have completed all of the clearing and grading required for DIV. I and request release of the balance of the Assignment of Funds to be replaced by a Maintenance Bond in the amount of 30% of the $186,000 for a Bond amount of $55,800. bland Creation and EnhaR-c�f - Maintenance Bond Bond Amount = $9,572.70 Term = 5 years We are connrtitfed to quality, value and 5ervice A-c..rrrr Ad&L. 01/21/97 TUE 15:14 [TX/RX NO 7754 JAN-21-97 TUE 15:12 P. 02 We provided the City a $31,909 Assignment of Funds to guarantee completion of the Wetland Creation and Enhancement Plan. We have completed the work and submitted the As -Built Plans to Jim Harris, We request release of the $31,909 Assignment of Funds to be replaced with a 5 year Maintenance Bond in the amount of $9,572.70, being 30% of the $31,909. 5 City Park Deve1ppmen1 - Performance Bond Bond Amount = $50,000 Term = 1 Year We are dedicating Tract A as the Neighborhood City Park with the recording of Heritage Woods DIV. 1. The City Council has agreed to revise the requirement of the development of a double tennis court, to a graded fawned area with trees. The completion of construction of the park has been deferred until this summer. The Parks Department is designing the required park improvements at this time, and Parklane shall construct the park at a maximum total cost of $50,000, on or before Oct. 1/97. 6. Sewer and Water - Lakehaven Utility District Cash or Assignment of Funds Amount for Water = $4,375 Amount for Sewer= $3,500 Term = 1 Year We have completed the installation of required sanitary sewer and the water distribution system, but due to the requirement of an overlay of asphalt on Star Lake Road and Military Road, we are unable to adjust the manholes and valve covers to the final road grade. Therefore we are obtaining Substantial Completion status with Lakehaven to record the Plat, and upon completion, replace the cash deposit or Assignment of Funds with a $5,000 Maintenance Bond for sewer and a $5,000 Maintenance Bond for water. John Jensen at the Lakehaven Utility District at 946-5406 is administering these requirements. B. Mitigation Fees 1. Downstream ,rWnacre - Mitigation Fee Amount = $60,696.00 DIV. I Share = $24,606.91 DIV. 2 Share = $36,089.61 The fee of $60,696 is for the entire Plat of Heritage Woods which will contain 111 lots. DIV. I contains 45 lots, so that only 451111 or 40.5% or $24,606.49 is the fair share of cost of this Mitigation Fee for DIV. 1. The City would not accept a pro -rats share for the recording of DIV. 1, requiring the full amount of $60,696 be paid prior to recording of DIV. I. Therefore the Final Approval and recording of DIV. 2 will not require further payment of this Mitigation Fee. Parklane shall be reimbursed by the developer of DIV. 2, the pro rats share of DIV. 2 which is 66/111 or 59.5% of $60,696, which is $36,089.51. 01/21/97 TUE 15:14 [TX/RX NO 77541 JAN-21-97 TUE 15:13 P,03 2 pfii Site nravemen#s - Mitigation Fee Amount = $11,600.00 DIV. I Share = $4,702.70 DIV. 2 Share = $6,897.30 The City requires a Mitigation Fee of $11,600 be paid to contribute to the cost of improving South 288th St. from Military Road to 1-5. The Pro -Bata contribution of DIV. I is 45/111 or 40.5% of $11,600 which is $4,702.70, The balance of ($11,600 - $4,702.70) $6,897.30, shall be paid by the developer of DIV. 2, at the time of Final Plat Approval and recording of DIV. 2. The City has agreed to accept the pro-rata contribution for DIV. I, and collect the DIV. 2 share at the time of recording DIV. 2. Please confirm the number, type and amount of each Bond and Mitigation Fee required to be provided by Parklane prior to Final Plat Approval and recording of DIV. I. We need the bond forms as soon as your legal Dept. provides them, in order to have our surety company, SAFECO, review the form, and for us to execute them and return to you in time for the Transportation and Land Use Committee meeting February 4th. Please call me directly if you required further information. cc: Jim Harris Gary Barnett Jim Jaeger Jerry Schneider Sincerely, xao%�~' David Morrison 01/21/97 TUE 15:14 [TX/RX NO 77541 P. 04 AUTOMATIC COVER SHEET DATE: JAN-21-97 TUE 15:14 T0: FAX #: 6614129 FROM: FAX #: 04 PAGES WERE SENT (INCLUDING THIS COVER PAGE) 01/21/97 TUE 15:14 [TX/RX NO 77541 MEMO TO Bonnie Lindstrom, Assistant City Attorney FROM: Jim Harris, Associate Planner DATE: January 13, 1997 SUBJECT: Rezone Ordinance for Heritage Woods Division I As we have previously discussed, I am processing the final plat for Heritage Woods Division I. As you can see on the attached City Council Resolution 92-122, the Heritage Woods preliminary plat also included a project specific rezone for a portion of the Heritage Woods site. The preliminary plat has now been broken into two divisions, and only Division I is ready for processing the final plat. I am working on a resolution to adopt the Division I final plat, however we need to run the rezone ordinance concurrently. I will forward a copy of the draft resolution for your review when completed. The resolution is a canned format and should not be too complex. I have found no record of any other rezones in the City of Federal Way, so I have no boiler plat ordinance. I anticipate the final plat resolution (and ordinance ) going to Land Use and Transportation Committee (LUTC) on February 3, 1997. LUTC packets must be to Sandy Lyle approximately six days prior. I need assistance on developing the rezone ordinance. I have tons of files and information on this project. How should the ordinance be developed? If you want me to take a shot at it, I would like to discuss the format with you. Or if you want to develop the ordinance, I'm sure you will need more information from me. I would like to have the ordinance (at least in draft form) for LUTC packets on January 28. My applicant still has several items to complete and work to perform to get to the February 3 LUTC, however, this ordinance needs to get drafted. Let me know how you want to handle this. c: Greg Fewins Gary Barnett CITY OfAi�� w (206)-0 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003003-6216210 January 10, 1997 David Morrison Parklane Ventures 31620 23rd Avenue So, #320 Federal Way, WA 98003 Re: Heritage Woods Final Plat Conditions and Deferrals Dear David: This letter will recap and finalize the results of our December 23, 1996 meeting you requested to review the plat requirements outlined in our letter of December 17, 1996. All of the items in our December 17, 1996 letter remain as stated with the exception of: 1. Installation of the boulevard trees adjacent to the lots may be deferred. Each building permit applicant shall install the required street trees as shown on the approved landscape plan. A table of required trees listed for each lot in Division 1 shall be included on the face of the plat with a statement about installation and maintenance by the building permit applicant. 2. Construction of the pedestrian trail at the northwest corner of the plat and the bus stop pad on Military Road may be deferred, subject to the same conditions as the Military Road construction deferral. I have attached a detail for bus pad construction as requested by King County Transportation (METRO). Tract E, the Storm Detention Facilities, shall not be dedicated to the City with the recording of Division 1. Delete Tract E from the Division 1 legal description. The City will consider acceptance of the detention system after Division 2 improvements are constructed. If you have any remaining questions or coordination items, please give me a call at 661-4196. Sincerely, G Barnett, P.E. Senior Development Engineer G8\jg enclosure cc: Cary M. Roe, Public Works Director Stephen�Cfifton; Devdopment Services Manager --Harris, Associate Planner - - R�tO-r-- Project File/Day File L:\prmsys\document\sub92_00.05\pw010897.doe W W W W W W x _ x VI U, Vl H 0 � N N a aaa N N N N N N 0 4a,fl 6-5 L.- V,/ 0 e." r 6 ly Oe-e n 4r y Gve e. nQ VV 5 leader -For sr n . �*-.4rt:, t,oi ll ba l+d JAN- 9-97 THU 11:28 FACSIMILIE COVER HEET P. 01 SEND TO/ Ive v/r,W hw4of Arr,0407,,c 1000ZAlu�1ir FAX NUMBER/ FROMI DAVID MORRISON ! FAX # (206) 946.3580 AT El TOTAL PAGES, INCLUDING COVER SHEET: 3 DEAR JA N PARKLANE `y C;- i L_:% ,qL WAY ParkLanc Executive Center BUILDING (}Epp 31620-23rd A--;nae South #32D Federal Wray, Washington 93003 Teiephonc: (206) 946-3652 Fax: (206) 946-3580 �jrc.p /�j7%��-,t� �ff� L�■�� SG�s�7�cu-� F'�� i7/�r� DAVID MORRISON GENERAL MANAGER We lue committed to quality, value and Service to fulfill our custollrcrs 01/09/97 THU 11:31 [TX/RX NO 75931 JAN- 9-97 THU 11:29 P. 02 FROM SAMnZ/BARNARD PHONE NO. : 12069411599 San. 09 1997 10:32R11 Pi Legal Description Division 1 Heritage Woods That portion of Section 33, Township 22 North, Range 4 East, W.M., in King County, Washington, more particularly described as folio", Beginning at the center of said section 33, said paint being a concrete monument with Brass Cap and Bears W 01''03'43" E, a distance of 2632.77 feet from the South Quarter comer (Monument In Case) of said Section 3% thence North 53034'04" East, along the Northwesterly line of tract 6, Redondo Heights unrecorded plat, a distance of 773.45 feet to the most Northerly comer or said Lot 8; thence South 5804716" East along the Northwesterly line of said Lot 6, a distance of 654.03 feet to the Westerly margin of Old, Military Road; thence South 44"15'44" West along said margin, a distance of 207,55 feet to the South line of the Southwest Quarter of the Northeast Quarter of said Suction 33; thence South 88"2941" East along said South liras, a distance of 83.5S feet to the Easterly margin of Old Military Road; them North 44"1644" East along said Easterly margin, a distance of 294.70 feet to an intersection wrath the East line of the Southwest Quarter of the Northeast Quarter of said Section 33; thence South 01'10'12" West along said East line, a distance of 47.70 feet to the Westerly margin being 30.00 foot at right angles thereto the centerline of Bald New Military Road South. a distance of 203.35 fact, to the South line of said Subdivision; thence North 8802341" West along said Subdivision line, a distance of 24.05 feet to an intersection with the Northwesterly Right of Way line of New Military Road Souh; thence South 35022732" Weat along the Northwesterly Right of Way line of New Military Road South, being 50.00 feet at right angles thereto the center line of New Military Road South, a distance of 828.72 feet to a point on a curve to the Left from which the radius point bears North 54137'28" West, having a radius or 25.00 feet and a central angle of 102042'36; thence along said curve, an are distance of 44.82 feet to a point of compound curvature having a radius of 718.35 and s central angle of 862,9'49"; thence an arc distance of 106.33 feat to a point of compound curvature having a radius of 25.00 and a c astral angle of 8560649"; thence an are distance of 37.14 feet to a point of reverse carve to the Right from which the radius point bears North 7006641" West, having a radius of 360.00 feet and a central angle of G*i U56; thence an arc distance or 37.76 feet along said curve ; thence North 64044'45" West radial to said curare, a distance of 50.00 feet to the beginning of a curve to the Right, radial to asid line, having a radius of 300.00 feet and a central angle of 10"07'17'; therm along said curve an arc distance of 53.00 feet, thence South 35"2732" West tangent to said curve, a distance of 62.00 feet; thence North 64 V2V' West, a distance of 145.00 feet; thence North 73a1TOV West, a distance of 124.64 feet; thence South 72�09'04" West, a distance of 103_84 feet; thence North 89°36OZ, West, a distance of 69,23 feet; thence South 17 031'41" East, a distance of 110,02 feet to the beginning of a curve to the Left, radial to said line, having a radius of 50.00 feet and a central 01/09/97 THU 11:31 [TX/RX NO 75931 JAN- 9-97 THU 11:30 FROM : SADLER/BARNARD PHONE NO. : 12OG9411599 P. 03 Jan. 89 1997 10:34AM P2 angle of 57°2d'48' - thence along said curve an arc distance of 50.10 feet; thence North 74*56'27" West radian to said curve, a distance of 109.74 feet; thence North 88°68117" West, a distance of 110.00 feet; thence Korth 01°03'43" East, a distance of 248-49 feet; thence 5auth 880aV17l' East; a distance of 110.00 Feet; thence North 01 o4a43" East, a distance of 188.67 feet; thence North 79013'08" West. a distanc.v of i 10.00 feet; thence South 88"3924" West. a distance of 51.29 feet; thence North 81 "W38" West, a distance of 112.12 feel; thence North 01 °03'43" East, d distance of 355.3t feet; thence Sotth 88°23'27" East, a distance of 411.28 feet to the True Point of Beginning_ Conialning 27.7+4 Acres, more or less. 0 01/09/97 THtT 11.31 [TX/RX NO 75931 January 3, 1997 Jim Harris, Associate Planner City of Federal Way RECENED BY oommuNITY DEVELMAENT DEPARWENT JAN 0 8 1997 Department of Community Development Services 33530 First Way South Federal Way, Washington 98003-6210 RE: Heritage Woods Mitigation Plan As -Built Review Dear Mr. Harris:, ADOLFSON ASSOCIATES, INC. 9625-38 At your request, Adolfson Associates, Inc. (AAI) has reviewed the As -Built Documentation Wetland Creation and Buffer Enhancement: Heritage Woods prepared by del Moral & Associates dated December 9, 1996 (hereafter referred to as the "As -Built Report"). The findings in this As -Built Report were compared with mitigation requirements described in the approved Final Wetland Creation and Buffer Enhancement Plan: Heritage Woods, Federal Way, Washington (Revised) (dated October 23, 1995), prepared by del Moral & Associates, for Parklane Ventures, Inc. (hereafter referred to as the "Wetland Mitigation Plan"). AAI also completed an as -built field inspection to ground truth findings reported in the As -Built Report and to confirm that observed mitigation construction is in compliance with the approved Wetland Mitigation Plan requirements The following comments are based on my previous comments submitted in a letter to the City of Federal Way on November 11, 1996. My previous letter included a summary of items to be provided to the City of Federal Way by ParkLane Ventures, Inc. to address the observed deviations from the approved Wetland Mitigation Plan. Items 1 through 4 were adequately addressed in the As -Built Report and no further action is required. The following describes Items 5 and 6 requested in the November 11, 1996 letter (described in bold), a summary of how each,item was addressed in the As -Built Report (described in normal type), and items which require further action (described in italics). Additional comments concerning the as -built site inspection are provided in the following section. 5. Provide a civil survey of the forested wetland buffer that was cleared and calculate the area. Provide a revised wetland buffer restoration plan which includes Douglas -fir planted in a grid pattern at a spacing of 10-foot on center. AA1 understands that the groupings of snowberry as depicted on Sheet W1 of the Final Wetland Creation and Buffer Fiffiancement Plan: Heritage Woods Federal Way, Washington Revised prepared by del Moral & Associates, dated October 23, 1995 will be included in the revised wetland buffer restoration plan. A civil survey of the unauthorized cleared Wetland C buffer area was not provided in the As - Built Report. The report approximated the cleared buffer area as "about 24,000 sq. ft." Environmental Analysis 5309 Shilshole Ave. NW, Seattle, WA 98107 Phone (206) 789-9658 Fax(206) 789-9684 i�� Jim Harris, City of Federal Way January 3, 1997 Page 2 A revised Wetland C buffer restoration plan including the Douglas -fir was not provided prior to plant material installation. The City of Federal Way recommended 6-ft. Douglas -fir to better compensate for the unauthorized clearing of the mature forested Wetland C buffer. The applicant had 4-ft. Douglas -fir installed in the specified planting pattern instead of the 6-ft. plant materials with the understanding that "robust 4-ft. plants would survive better under these conditions." Plant material, installations are depicted on Sheet Wl of the As -Built Report. Determine and provide the precise areas of the unauthorized cleared Wetland C buffer area and the area of -the Detention Area Buffer which replaces the cleared buffer area. The City of Federal Way approves the substitution of 4 ft. Douglas -fir for 6-ft. Douglas -fir plant materials. However, if any Douglas -fir mortality is found during the required monitoring period within the Wetland C buffer restoration area, replace them with 6 ft. Douglas -fir plant materials. 6. Unauthorized disturbance has occurred in the Wetland F buffer which was not included in the approved Wetland Mitigation Plan. Provide a civil survey of the wetland buffer that was disturbed and calculate the area. Depict a revised wetland buffer restoration plan on the above referenced revised plan showing a planting plan and Landscape Schedule. Unauthorized buffer disturbance has been reported to have occurred east Lots 56 through 58 near the boundaries of the Wetland D and Wetland F buffers. Provide a civil survey of the area of unauthorized disturbance within the Wetland D and Wetland F wetland buffers adjacent to Lots 56 through 58. Demonstrate that the area of unauthorized disturbance within the Wetland F wetland buffer has been (or will be) restored. Depict a revised wetland buffer restoration plan showing a planting plan and revised Landscape Schedule for the buffer restoration. As -Built Site Insi)ection Observations and Comments On January 2, 1997, AAI completed an as -built site inspection to ground truth findings reported in the As -Built Report and to confirm that observed mitigation construction is in compliance with the approved Wetland Mitigation Plan requirements. The following comments are a result of this field inspection. Items which require further action are described in italics. 1. Spot checks were completed in all wetland creation and buffer enhancement areas to determine if reported as -built plant material quantities were accurately reflected in the wetland mitigation areas. Wetland Creation Area #8 could not be inspected due to high water levels within the pond area due to recent flooding conditions. All other observed plant material quantities were in substantial compliance with totals reported in the As- Built Report. No further action is required. 2. Wetland Creation Area #7 is depicted in the As -Built Report as a 552.5 sq. ft. which is partially within the Wetland F boundary. Enhancement within the Wetland F boundary cannot be considered as wetland creation area. k.a Jim Harris, City, of Federal Way January 3, 1997 Page 3 Provide a civil survey of the wetland creation area beyond the Wetland F buffer. Revise Table 1 - Surrtma► v oflmpacted Wetlands and Bakers to reflect the as -built area of Wetland Creation Area #7 beyond the Wetland F boundary only. 3. Wetland Creation Area #8 is depicted in the As -Built Report as a 7711.25 sq. ft. which is partially within the pond area beyond the berm area. Pond area beyond the berm area was not accepted as wetland creation area in, the approved Wetland Mitigation Plan. A mitigation credit of 11,806 sq. ft. for the pond area has already been determined by the City of Federal Way. Provide a civil survey of the Wetland Creation Area #8 within the bermed area and within the field verified flagged wetland creation area boundaries. Revise Table 1 - Summate of Impacted Wetlands and Bu, ffers to reflect the as -built area of Wetland Creation Area #8 within the bermed area only. 4: A significant winter storm event immediately preceded the as -built inspection. Several of the recently installed Douglas -fir trees within the Wetland C buffer restoration area (Detention Pond Buffer Restoration Area) were blown over and partially uprooted. As stated above, Douglas -fir mortality found during the required monitoring period within the Wetland C buffer restoration area must be replaced with 6-ft. Douglas -fir plant materials. It is recommended that all Douglas -fir within the Wetland C buffer restoration area be secured with anchored guy wires to reduce future mortality risk. AAI understands that a field inspection will be completed by the City of Federal Way after submittal of the first wetland mitigation monitoring report to be completed in the early 1997 growing season. The purpose of the field inspection is to ground truth reported findings and provide recommendations. We appreciate the opportunity to provide continued service for the Department of Community Development. If you have any questions or if I can be of further assistance on the Heritage Woods project 'at this time, please call me at 789-9658. Sincerely, \Netiand N v `m� c Keith F. Fabing, O rra k :...r Project Biologist 5S 4�N000 000256 G �kQN1 WetW� ,'O DEC-20-96 FRI 18:05 PARKLANE VENTURES INC FAX N0, 9463580 December 20, 1996 SENT VIA FAX Jim Harris Associate Planner City of Federal Way Re: Heritage Woods - Military Road Heritage Marker Dear Jim- PAR KLAN E ParkLane Executive Center 31620-23rd Avenue South #320 Federal Way, Washington 98003 Telephone; (206) 946-3652 Fax: (206) 946-3580 As a condition of Final Plat Approval we are required to provide a Heritage sign providing notice that old Military Road once bisected our Heritage Woods property. As we have discussed, old Military Road has been vacated, and no longer exists within our property. We are also required to proved bolliards at the entrance to the storm detention pond and wetlands that are south and west of where old and new Military Road meet, at the north east corner of the property. We have agreed that we do not want to place a sign at this location, that would encourage the public to trespass on private and City Public Work's property_ I believe you and Greg Fewins agreed that the best location for the Heritage sign would be at the west side of our park "Tract A" that will be dedicated to the City. Please find attached a draft proposal for the sign. Please review and provide me your comments and specifications for color, material, size and specific location. Sincerely, David Morrison We are committed to c(ttality, valttt and service Fn A1 A 6v w^_fnoto.d fie. 12/20/96 FRI 18:08 [TX/RX NO 73861 DEC-20-96 FRI 18:06 PARKLANE VENTURES INC FAX N0, 9463580 CITY OF FEDERAL WAY HERITAGE MARKER. MILITARY ROAD 12/20/96 FRI 18:08 [TX/RX NO 73861 CITY OF �rl �• 33530 1ST WAY SOUTH December 17, 1996 (206) 661-4000 FEDERAL WAY, WA 98003-6210 David Morrison Via Fax Parklane Ventures, Inc. 31620 23rd Avenue South, Suite 320 Federal Way, WA 98003 Subject. Heritage Woods Division l /Final Plat - Public Works Department Requirements SUB92-0005 Dear Mr. Morrison: Parklane Ventures has requested final plat approval for Division 1 of Heritage Woods. Prior to scheduling final plat proceedings with the Land Use and Transportation Committee and City Council, numerous items need completion. These items have been outlined in correspondence from Jim Harris, Associate Planner; Final Punch List from Jim Pryal, Public Works Inspector; Stephen Clifton, Development Services Manager; and Gary Barnett, Sr Development Engineer. Additionally, you have corresponded with other City staff regarding several items: bonding requirements, timing of Military Road Improvements, and modification to Military Road width and tapers near. Star Lake Road. All of these items were discussed at a roundtable meeting with yourself, Jim Jaeger, Stephen Clifton, Jim Harris and Gary Barnett on Tuesday, December 4, 1996. This _ letter is intended to "wrap up" the necessary items to complete Division 1 of Heritage Woods. Military and Star Lake Road Improvements The City of Federal Way requires substantial completion of all required improvements prior to final plat recording. Military Road improvements are a condition of plat approval. Due to unfavorable winter working conditions, the City acknowledges and grants your request to defer improvements to Military Road (items 1, 2, and 3 of your December 10, 1996 letter), subject to the following conditions: Provide a bond quantity worksheet that estimates the actual construction costs for all remaining construction items within Military Road for review and approval by the City. Maintain a cash set aside, not bond, for 120% of the value of the Military and Star Lake Road improvements. The improvements shall be installed and completed through Final Punch List by June 1, 1997. This timeline will allow for construction, widening, and overlay within the more favorable weather conditions. The final plat of Division 1 shall be recorded with a notation on the face of the plat stating "Prior to Federal Way Public Works Department approval of final Punch List items for Military and Star Lake Road construction, no more than twelve (12) single family permits may be issued, and neither final inspection sign -off nor approval for occupancy for any single family structure may occur. " If prospective lot or homebuyers inquire about these plat conditions, the City will refer to the deferred road improvements for Parklane, and direct callers to Parklane for further information. Military Road Improvement Modification Request Parklane Ventures has requested a reduction in shoulder width and an offset of lanes to the east on Military Road to avoid filling on a steep embankment in the northwest corner of the Star Lake Road intersection. The Public Works Department approves the schematic design by Jim Jaeger for this modification with the installation of a guardrail around the radius and adjacent to the fill at the Star Lake Road intersection. The guardrail is required since this modification brings traffic closer to the edge of the embankment. Provide revised construction documents for City approval. Cottonwood and fir trees adjacent to the asphalt taper north of Heritage Woods ownership, may be removed in lieu of installing protective guardrail. Place the cut trees in the Native Growth Protection Easement in Tract C, D, or E which were disturbed during construction, to provide additional wildlife habitat. Provide schematic tree location drawing to Jim Harris prior to placing trees. Public Works Final Punch List All items on the Public Works Punch List shall be completed and reinspected and approved by the City prior to final plat approval. Boulevard trees, per landscaping plan in Exhibit A of Preliminary Plat documents, Military Road street trees (install Acer rubrum, "October Glory", 3" caliper at 40 foot spacing per FWCC 22-1519), street lights, pedestrian path at northwest corner, bus pad and shelter per King County TMP review, and street name signs shall all be installed prior to plat approval. The City will not allow deferral of items 4 and 5 of your December 10, 1996 letter. Street signs shall be provided and installed at Parklane's expense (FWCC 22-1475, 22-1523). Parklane has the option of contracting with an independent sign supplier or King County Road Department. Erosion Control v/ Monitor and maintain temporary erosion control measures at all times through single family construction; provide direction to single family lot builders on erosion control requirements to conform to plat requirements for erosion control. Hydroseeding occurred very late in the Fall; establishment has been minimal. When favorable conditions appear in March, 1997, hydroseed the entire plat to establish continuous ground cover. Respond within five (5) days of City notification that erosion control measures must be maintained, modified, or added. Protection of adjacent properties, Native Growth Protection Areas, Wetland buffers, homeowner tracts, and City drainage tract is required at all times. Failure to respond within five (5) days will result in the City calling set aside funds or bond funds without further notice. Performance Bonding The Assignment of Funds may be replaced by a Performance Bond as you have requested, with the exception of the Military Road improvements, which must remain as a cash set aside. Depending on when you submit the bond, the amount may need to reflect uncompleted or unaccepted public improvements at 120 % of the estimated value of those improvements. Alternatively, if all internal plat improvements have been completed through Punch List acceptance, then the Performance Bond may be omitted and a Maintenance Bond for 30 % of the total value of the improvements may be substituted. Community Development Requirements V Complete all items in Jim Harris's correspondence to you. V Wetland as-builts are a significant item to be completed as discussed at our December 4, 1996 meeting. Timely processing of your final plat is dependent upon submission and acceptance of complete wetland and Native Growth Protection restoration plantings. Remove from Division 1 the sensitive/steep slope lots as identified in the preliminary plat application. Coordinate the Community Development items with Jim Harris. Seek deferment of Park Improvements from the Parks and Community Development Departments (item 6 of your December 10, 1996 letter). The City of Federal Way understands your desire to record Division 1 plat. With recording, Parklane will be able to sell lots and apply for twelve (12) limited building permits with no occupancy prior to Military Road completion. This letter provides the guidance necessary to complete the Public Works requirements for final plat approval. As indicated by the City - initiated project coordination meeting December 4th, our goal is to provide specific and clear direction to you and your design team of the requirements to finalize the plat through City Council approval and recording. Please coordinate your submittals and activities with the following Public Works staff: Jim Pryal, Public Works Inspector Final Punch List Items, Erosion 661-4128 Control Gary Barnett, Sr Development Engineer 661-4196 Stephen Clifton, Development Services Manager 661-4109 Jim Harris, Associate Planner 661-4019 Final Plat Map, Roadway Designs Erosion Control, Bond Quantities Estimate Performance Bonding, Maintenance Bonding, Cash Set -asides All Community Development & Parks Requirements We trust that this letter and our December 4th coordination meeting has provided the necessary guidance for you to complete your final plat application. Please work directly with the above listed individuals with any questions, submittals, or coordination items that occur during the final plat processing. We look forward to completion of Division 1 and the subsequent completion of Division 2 of Heritage Woods. Sincerely, GA =RNETT, P.E. Sr Development Engineer GB:jg cc: Cary M. Roe, Public Works Director Stephen Clifton, Development Services Manager Jim Harris, Associate Planner Jim Pryal, Public Works Inspector Jim Jaeger, Jaeger Engineering Patrick J. Hilyer, Seattle First National Bank Project File Day File 1:\prmsys\document\sub92 00.05\pw12176.doe Hardcopy to follow by mail RE (-,7°,�tE- DEC 0 9 1996 December 9, 1996 BUII.ONG INEPT. Mr. Jim Harris Associate Planner City of Federal Way 33530 1 St. Way South Federal Way WA 98003 Re: Heritage Woods - Final Plat Map and Wetland As -Built Report and Map Dear Jim: PARKLANE ParkLane Executive Center 31620-23rd Avenue South #320 Federal Way, Washington 98003 Telephone: (206) 946-3652 Fax: (206) 946-3580 Please find attached two copies of the revised Final Plat Map and red - lined marked -up copy of our original proposal. You will note that we have removed the seven steep lots which we will be submitting an Application for Grading and Filling. The area of the seven lots are now within two tracts H and J, which will be included as lots in the Final Plat Map of Division 2 when we have obtained the Grading Permit. Please have Gary Barnett review the revised Plat Map and provide his approval, so that we may submit the Final Mylars for required signatures. Please also find enclosed the Wetland As - Built Report and Maps W-1 and W-2. describing and mapping the areas that satisfy the amount of Wetland Creation and Buffer required for Final Plat Approval. Please review yourself and provide us your approval. We understand Jim Pryal will be providing a Final Inspection of all items on the Road and Storm Punchlist for all items that are contained on the approved plans, except those items which we have requested deferral for which we would Bond for, and complete, when weather permits next Spring. We have asked Stephen Clifton to provide us with the Bond forms for the Park Performance Bond, and for all items requested for deferral. Please provide us with these Bonds so that we may execute and return to you. As we have appealed to you and The City, we request your cooperation in receiving Final Plat Approval and recording as soon as possible. Please advise me your schedule for completing your report to the land use Committee of Council, and when the Committee's recommendation for Final Approval and recording would be presented to your Council. We are committed to quality, valise and service to fidfill oureuOvnlers' dreams and exceed their exlkctalion6. MR. JIM HARRIS -2- Please call to advise if there is any further items required to be completed or supplied to you, to complete your Final Review with recommendations for Final Approval and recording of Division I. Sincerely, David Morrison cc Gary Barnett, P.E. Senior Development Engineer Stephen Clifton Manager Development Services RECEIVED BY i3OMMUNIry DEVELOPMENT DEPAM1i November 11, 1996 N 0 V�� ADOLFSON ASSOCIATES, INC. Jim Harris, Associate Planner City of Federal Way 9625-38 Department of Community Development Services 33530 First Way South Federal Way, Washington 98003-6210 RE: Heritage Woods Mitigation Plan As -Built Review Dear Mr. Harris: At your request, Adolfson Associates, Inc. (AAI) has reviewed the Final Wetland Creation and Buffer Enhancement Plan: Heritage Woods, Federal Way, Washington (Revised) (dated October 23, 1995), prepared by del Moral & Associates for ParkLane Ventures, Inc. (hereafter referred to as the "Wetland Mitigation Plan"). We understand that you have been aware of and have been overseeing several modifications to the approved Wetland Mitigation Plan. As you requested, the scope of this review does not include providing an itemized list of all changes to the Wetland Mitigation Plan that were made to date without authorization from the City of Federal Way. The scope of this review does not include assessing these changes to the Mitigation Plan in regards to compliance with Section 22-1358 of the Federal Way City Code (FWCC). This letter provides a brief summary of items to be provided to the City of Federal Way by ParkLane Ventures, Inc to address the observed deviations from the approved Wetland Mitigation Plan. The following documents were submitted to AAI for completion of the revised Wetland Mitigation Plan review: Sheet W 1 of the Final Wetland Creation and Buffer Enhancement Plan: Heritage Woods, Federal Way, Washington (Revised) prepared by del Moral & Associates, October 23, 1995. ■ Letter to David Morrison, ParkLane Ventures, Inc. from Roger del Moral, del Moral & Associates, no date (received by the City of Federal Way, Department of Community Development Services, October 18, 1996), RE: Monitoring of Heritage Woods - Autumn Recommendations. Items which require further action are described in italics below. 1. Provide the City of Federal Way with the full size blueline of the Sheet WI of the approved Wetland Mitigation Plan and depict all deviations from the approved plan reflecting as -built conditions to date and proposition deviations not currently reflected on -site. This can be Environmental Analysis 5309 Shilshole Ave. NW, Seattle, WA98107 Phone (206) 789-9658 Fax(206)789-9684g Jim Harris, City of Federal Way November 11, 1996 Page 2 accomplished by drafting all deviations on a 50 percent screen of the approved Wetland Mitigation Plan (Sheet WI). Include the original Landscape Schedule depicting revised plant material quantities in a separate column adjacent to the approved quantities. 2. Flag all additional wetland creation areas within the mitigation area that were not included in the approved Wetland Mitigation Plan. Complete a civil survey of each additional wetland creation area and calculate the area of each. Depict each additional wetland creation area on the above referenced revised plan. Depict methods of hydrologic support, the proposed planting plan and Landscape Schedule. AAI understands from observations that you made in the field on March 26, 1996 that Wetland E was completely cleared and filled without authorization from the City of Federal Way. Table 1 of the Wetland Mitigation Plan describes the impact area of Wetland E to be 0.025 acres. The total filled area is -now 0.05 acres (2,178 sq. ft.). The wetland replacement ratio for Wetland E is 2: 1. Therefore, the created wetland area needed to compensate for the loss of Wetland E is 0.1 acre (4,356 sq. ft.) instead of the 2,178 sq. ft. described in the Wetland Mitigation Plan. 3. Describe and depict the 0.1 acre (4,356 sq. ft.) of created wetland area required to compensate for the loss of Wetland E. 4. Revise the October 23, 1995 Wetland Mitigation Plan narrative describing both completed and proposed deviations from the approved Wetland Mitigation Plan. Include a revised Table 1 - Summary of Impacted Wetlands and Buffers. Also include a revised "Hydrologic Discussion" section for all on -site created wetlands reflecting current hydrologic conditions. AAI understands that forested portions of the Wetland C buffer which were to be preserved under the approved Wetland Mitigation Plan were cleared without authorization from the City of Federal Way and replanted with groupings of snowberry. It was determined during the site visit that the buffer restoration plan was not reviewed and approved by the City of Federal Way and that the snowberry plantings did not adequately replace the function and value of the cleared forested buffer. 5. Provide a civil survey of the forested wetland buffer that was cleared and calculate the area. Provide a revised wetland buffer restoration plan which includes Douglas fir planted in a grid pattern at a spacing of 10 foot on center. AN understands that the groupings of snowberry as depicted on Sheet WI of the Final Wetland Creation and Buffer Enhancement Plan: Heritage Woods, Federal Way, Washington (Re_v_ised} prepared by del Moral & Associates, dated October 23, 1995 will be included in the'revised wetland buffer restoration plan. 6. Unauthorized disturbance has occurred in the Wetland F buffer which was not included in the approved Wetland Mitigation Plan. Provide a civil survey of the wetland buffer that was Jim Harris, .W City of Federal ay November 11, 1996 Page 3 disturbed and calculate the area. Depict a revised wetland buffer restoration plan on the above referenced revised plan showing a planting plan and Landscape Schedule. AAI understands that an another plan review and site inspection will be completed after submittal of the above stated items. Wetland mitigation monitoring -report and field plots will be inspected after all approved wetland mitigation construction is completed. We appreciate the opportunity to provide continued service for the Department of Community Development. If you have any questions or if I can be of further assistance on the Heritage Woods project at this time, please call me at 789-9658. Sincerely, Wetland °►� Keith F. Fabing a� s% o; Project Biologist ,� .�`�' -' N 5 CITY OF (206)-4000 33530 1ST WAY SOUTH FEDERAL WAY, WA 9800003-6210 June 25, 1998 Dennis Alfredson, P.E. Schneider Homes, Inc. 6510 Southcenter Boulevard, Suite 1 Tukwila, WA 98188 Re: Second Request for Modification of Second Street Access Heritage Woods; SUB92-0005 Dear Mr. Alfredson: Last fall, you requested to eliminate the second most southerly access to Division 2 of Heritage Woods Subdivision. On October 9, 1998, the City sent you a letter from Gary Barnett, Senior Development Engineer, stating that City staff would not support the removal of the second access street based on reasons listed within the letter. On June 10, 1998, the City received a letter from you proposing to build the second access, however, it would serve as an emergency vehicular access street only. You also requested information on how to apply for an alteration to a plat. The following responds to both issues: If you were to apply for either a modification to eliminate the second access street, or have the second access street serve only as an emergency vehicular access corridor, City staff would not support either request. Longstanding City Council policy and guidance indicates that two access points, where possible, are desired to all subdivisions within the City of Federal Way. Additionally, it is difficult to support your request to construct the second access street to full street standards, yet prohibit usage of the street by all vehicles, particularly Heritage Woods homeowners. When a person is interested in the alteration of a subdivision or any portion thereof, an application to request the alteration must be submitted to the City. Please see Chapter 20, Division 8 of the Federal Way City Code for application and processing requirements. A plat alteration requires Hearing Examiner and City Council approval. .Section 20-110 et seq, describes the general procedures for processing an application. If you choose to apply for an alteration, Divisions 6 - 8 of Chapter 20 are enclosed to assist you in preparing your application. If you have questions or would like to discuss this issue further, please call Stephen Clifton, Development Services Manager at (253) 661-4109. Sincerely, Cary M. Roe, P.E. Public Works Director CMR/SC:km enclosures: FWCC, Chapter 20, Divisions 6 - 8 FW Master Land Use Application cc: Stephen Clifton, Development Services Engineer Rick Perez, Traffic Engineer Greg Fewins, Principal Planner Jim Harris, Senior Planner L/ Project File Day File L:\PRMSYS\DOCUMENI SUB92 00.051ACCESRD2.DOC CITY OF G \1Iw�I/ iq,7 33530 1 ST WAY SOUTH Mr. Mike Burns Schneider Homes 6510 Southcenter Boulevard, Suite # Tukwila, WA 98188 (253) 661-4000 FEDERAL WAY, WA 98003-6210 Re: Heritage Woods Division I Native Growth Protection Easement (NGPE) Dear Mr. Burns: June 22, 1998 As you may be aware, the city has become aware of several instances of unauthorized clearing and grading within the 15-foot wide Native Growth Protection Easement (NGPE) which extends around portions of Heritage Woods Division I, lots 25 - 36 and 42. Note 11 on the Heritage Woods plat map states: Native Growth Protection Easements (NGPE) are areas where no vegetation and/or trees are to be cut and/or removed, except those which are dead, dying, diseased, or considered a potential safety hazard. Any vegetation and/or tree removal in the NGPE requires the prior approval of the City of Federal Way's Department of Community Development Services. No structure shall be constructed and/or located in a NGPE except as authorized by the Department of Community Development Services. We request you to ensure this NGPE condition is implemented during construction of the homes on the subject lots. Additionally, we expect Schneider Homes to inform the individual new homeowners of the NGPE condition. As stated in the condition on the plat map, any vegetation and/or tree removal (including grading) requires prior approval by the Department of Community Development Services. If you have any questions, please contact me at (253) 661-4019. Sincerely, inn H is enior Planner c: Joan Hermle, Building Inspector Mary Kate Gaviglio, Building Official Stephen Clifton, Public Works Development Services Manager Dennis Alfredson, Schneider Homes L:\PRMSYS\DOCUMENT\UPR97 00.03\CD062298 DOC JCITYOF 33530 1 ST WAY SOUTH March 20, 1998 David Morrison Parklane Ventures, Inc. 31620 - 23rd Avenue South, #320 Federal Way, WA 98003 (253) 661-4000 FEDERAL WAY, WA 98003-6210 Subject. Heritage Woods - File No's SUB92-0005, BLD95-0711 Release Remaining Funds from Agreement and Maintenance Bond No. 97- 1004 Dear Mr. Morrison: The City has received an executed agreement and maintenance bond from Schneider Homes, Inc. (Principal), to ensure maintenance for certain development associated with Heritage Woods Phase I. The following lists the number, type, dollar amount and maintenance requirements of the bond. 1. AGREEMENT AND MAINTENANCE BOND NO.98-1011 (CLEARING, GRADING AND EROSION CONTROL) Bond Amount = $55,848.00 The principal has entered into an agreement with the City to maintain and guarantee against defective materials and workmanship related to clearing, grading and erosion control. The submittal of the above document allows the full release of your existing Agreement and Maintenance Bond which also ensures maintenance as described above. As such, the City of Federal Way hereby authorizes the release of the following: 1. AGREEMENT AND MAINTENANCE BOND (CLEARING, GRADING AND EROSION CONTROL) Bond Amount = $55,848.00 Federal Way File No. 97-1004, Safeco Insurance Company of America account 95874232. RECEIVED BY u6�If141�+PEi+`f 0�,VEl.0?ME�17 nc��u•r"a��y'4 {� ;- The administrative cash deposit amount associated with the above bond is $1,675,.00. A check will be sent to you shortly for this amount. Thank you for your assistance in the completion of this project. If you have any questions, call me at (253) 661-4109. Sincerely Stephen CliAP Development Services Manager e: Jim Harris, Associate Planner Lisa Read, Engineering Consultant Julie Venn, Engineering Plans Reviewer Jim Jaeger, 9419 S. 204th Place, Kent, WA 98031 Safeco Ins. Co. of America, c/o Mary A. Dobbs, Hurley, Atkins & Stewart, Inc., 1800 - 9th Ave., Suite 1500, Seattle, WA 98101 Bond File Day File L:\PRMSYS\DOCUMENT\SUB92-00.05\BDASGNFR.5 From: Martin Nordby To: JEFFT, BOBS, VALERIEP Date: 7/9/98 11:20am Subject: NGPE Enforcement @a Heritage Woods Lady & Gentlemen, An issue has arisen over the enforcement of the Native Growth Protection Easement at Heritage Woods. Residents of the older, neighboring development, Laurelwood, that lobbied the developer to include a 15' NGPE between them came to council last Tuesday. They expressed their dissatisfaction that their Heritage Woods neighbors who topped several trees a couple weeks ago (great view) had not been punished for this misdeed. In discussing this w/ Kathy, Greg Fewins and Greg Moore the question arose as to what enforcement action should be taken in such incidences and under what code authority (FWCC 20 Subdivision?). The NGPE is a condition of the plat and is recorded w/ it. From a legal perspective how enforceable is this provision and what would the Law Dept°s policy be re: filing of charges for such a violation? Consideration is currently being given concerning this plat to change the responsibility for enforcement to the HOA when the next phase of Heritage Woods comes up for final plat approval. Mr. Moore would like to meet w/ the Law Dept. next week to discuss this in more detail. Please advise re: which may be involved so a meeting can be arranged. Martin CC: GREGM, KATHYM, MARYG, JIMH �TIL1TY DISTi�d December 15, 1997 LAKEHAVEN UTILITY DISTRICT 31627 -1st Avenue South • P.O. Box 4249 • Federal Way, Washington 98063 Seattle: 941-1516 * Tacoma: 927-2922 ■ Fax: 839-9310 David Morrison Parklane Ventures, Inc. 31620 23`d Avenue South, #320 Federal Way, WA 98003 Re: Heritage Woods Div. 1 Agreement No. 92-252 Dear Mr. Morrison: The District has received all closing documentation and has completed a satisfactory final inspection of the referenced project for compliance with Lakehaven Utility District standards for construction of sanitary sewer and water distribution systems. This project is hereby accepted for operation and maintenance by the District. Maintenance Bond No. 5874248 shall be maintained in force for a period of one year from this date of acceptance and until the District gives written notice of release, pending satisfactory results of the one-year maintenance inspection. Said bond has been submitted for the project in the amount of $35,783.70. The Restoration Bond No. 5836043, held to guarantee the restoration of the affected rights -of way, -is hereby satisfied and may now be released. Said bond has been submitted for the project in the amount of $10,000.00. The Cash Deposit held to guarantee construction under the substantial completion process is hereby satisfied and a refund is. in process. Said deposit is in the amount of $4,375.00. Please allow approximately thirty (30) days for receipt of said funds. RECEIVED RY COMMUNITY DEVEl.[ PME71' O1 RARMENT Dale A. Cap Dick Mayer Donald L.P. Miller Mack Miloscia �' VeVerly J. Tweddle Commissioner Commissioner Commissioner Commissioner Commissioner David Morrison Parklane Ventures, Inc. December 15, 1997 Page two If the actual costs exceed the amount held on deposit following reconciliation of the project account and/or completion of the one-year maintenance inspection, you will be invoiced accordingly. Such invoice shall be paid prior to release of the Maintenance Bond. Any funds remaining in the account will be refunded following said maintenance inspection. Please call John Jensen at (253) 946-5406 if you have any questions. Very truly yours, r Oey al4ilto Manager, Customer Services Dept. SH/JAJ/krb c: Jaeger Engineering KCFD #39 Environmental Health Dept. of Ecology, w/cert. L,0'iy of Federal Way Inspection Finance Wastewater Operations CITY OF 33530 1 ST WAY SOUTH December 4, 1997 Mr. David Morrison Parklane Ventures, Inc. 31620 - 23rd Avenue South, #320 Federal Way, WA 98003 (253) 661-4000 FEDERAL WAY, WA 98003-6210 Subject: Heritage Woods File No's. SVB92-0005, BLD95-0711 Public Park Performance/Maintenance Bond File No. 97-1003 70% Release Dear Mr. Morrison: A final inspection of the above referenced project has been completed by the Federal Way Parks and Recreation Department. According to Jon Jainga, Park Planner and Development Manager, the park has been constructed in accordance with approved plans. Effective October 30, 1997, the project is considered complete and the two year maintenance period begins. Maintenance is to be conducted by you or your representative, following the requirements in the accompanying handout. Attached is a Partial Release of Performance/Maintenance Bond Notice releasing $35,000.00, seventy percent (70 %) of the performance/maintenance bond amount. The remaining funds, $15,000.00, equaling thirty percent (30%) of the cost of work or improvements, shall be held by your Surety pursuant to the terms of the bond. An existing administrative cash deposit in the amount of $2,000.00 will also be reduced by $1,250.00 leaving a balance of $750.00 (5% of the outstanding bond amount). The remaining bond amount and administrative cash deposit will be released upon successful completion of a two year maintenance period. A check in the amount of $1,250.00 will be sent to you shortly. Enclosed is an executed release notice on the remaining eligible performance bond held by the City for this project. We appreciate your cooperation in the completion of this development. If you have any questions, please contact me at (253) 661-4109. Sincerely, Sti' en C ifton, A P Development Services Manager SC Jg enc. Partial Release of Bond Notice c: Jim Pryal, PW Construction Inspector Lisa Reed, Contract Plans Reviewer Jon Jainga, Parks Planner and Development Manager Amwest Surety Insurance Company, c/o Mary A. Dobbs, Hurley, Atkins & Stewart,Inc., 1800 9th Ave., Ste 1500, Seattle, WA 98101 Kevin Peterson Engineering Technician Duane Reed, 2327 Mountview Avenue W., Tacoma, WA 98466 RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT Harris, Senior Planner Project file � � � , � �� Day file L:IPRMSYS\DMEOCUMSUB92 00.051BNDRLSL3.DOC CITY OF ..A (253) 661-4000 33530 1 ST WAY SOUTH FEDERAL WAY, WA 98003-6210 PARTIAL RELEASE OF BOND NOTICE The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance for Heritage Woods Plat, Division 1, Permit No. SUB92-0005, have been satisfied and hereby authorizes the release of an amount equal to Thirty -Five Thousand and no/100 Dollars ($35,000.00) from account #1328543 Amwest Surety Isurance Company. The remaining funds equalling thirty percent (30 %) of the cost of the work or improvements shall be retained by the City for a period of two (2) years, from the dated listed below, as security for Assignor's performance of all maintenance for the above described project and as guarantee against defective materials or workmanship in the construction and maintenance of such improvements. DATED this 30th day October, 1997. CITY OF FEDERAL WAY By. VIw'r tephen Clifto , CP Development Services Manager RECEIVED By CITY OF 'COMMUNITY DEVELOPMENT DEPARTMENT �\ (253) 661-4000 \/ 33530 1 ST WAY SOUTH FEDERAL WAY, WA 98003-6210 November 26, 1997 Parklane Ventures David Morrison 31620 23rd Avenue So, #320 Federal Way, WA 98003 Via Fax Subject. Final Punchlist for. Heritage Woods - Division 1 File No. SUB92-0005 Dear Mr. Morrison: An inspection of site work was recently performed on the subject project. Based on that inspection, the attached Punch List of deficiencies was prepared. Please note, this is an official Punch List and is valid for thirty (30) days. Any additions or deletions to the Punch List, or extension to the 30-day limit, must be approved by the Public Works Department representative or inspector. Deviations from this policy should be reported to the Public Works Department at 661-4109. Upon completion of the attached Punch List items, the following non -construction related requirements must also be met prior to the release of any bond quantities: • As covered in the preconstruction conference, reproducible mylar (without mack tack), or photographic "shot" copies of record drawings (as constructed with all appropriate design changes), shall be provided to the City. • All administrative and inspection fees shall be paid in full, with a check made payable to the City of Federal Way. To date, the inspection fee is $927.50. Additional fees related to inspecting items on the attached Punch List and review of As -Built Plans, must also be paid. A Maintenance Bond in the amount of 30 % of the cost of replacing the materials covered by the Performance Bond, shall be posted prior to the release of the Performance Bond. As an option, the existing bond or Assignment of Funds can be reduced by 70 % in value to the amount required. This bond or assignment will be kept for a two-year maintenance period from the time of final project acceptance. Prior to the end of this maintenance period, the City will conduct an inspection(s) to note any defects in Workmanship, function, or materials which must be repaired prior to the City's final acceptance of the facility. Construction of Military Road and the Park have been accepted by the City. As such, the 70 % reduction notice of the existing performance bonds will be issued shortly. Please contact me at 661-4128 after completion of all items on the attached Punch List. A follow-up inspection will then be held with your representative. If all deficiencies have been corrected, inspection fees paid, and as-builts approved, partial release of your bond or assignment of funds can be processed. Please contact me at the above number should you have any questions regarding this matter. Sincerely, PRYAL Public Works Inspector JP:Jg enclosure cc: Stephen Clifton, Development Services Manager Jeff Pratt, Surface Water Manager Ken Miller, Street Systems Manager Gary Barnett, Sr Development Engineer Gary Kennison, SW Maintenance Supervisor Jim Harris, Sr Planner Project File Day File 1:lperosysldocumeatlsub92 00.05Tni*l2.doc FINAL PUNCH LIST HERITAGE WOODS DIVISION 1 Federal Way, WA November 25, 1997 Bollards (Old Remove excavated dirt for bollard bases. Military Road) Remove plywood sheets. Old Military Reroute wetlands runoff toward culvert Road under Old Military Road; remove all beauty bark from grade and provide ballast rock (2 inch minus quarry for all-weather access). Remove fill material stockpiled just inside the bollards and numerous trees and limbs adjacent to the right of way. Silt Fence Remove unneeded silt fence where groundcover is now established. New catch CB has experienced some minor flooding. basin near Provide a vaned grate and replace the gravel entrance to washed from shoulder of Military Road Church off between driveway to Church and Star Lake Military Road Road. Slide area Backfill the sidewalk and the curb; dress up adjacent to 25th and reseed. Provide soils engineer sign -off. Place Street Lights Drain holes are not acceptable; complete King County Punch List. Street Signs Complete per City Sign Standards; Repair bent street sign at 24th Place. Highline Water Provide acceptance letter from Highline for District repairs made to water reservoir access road. 1:\pmisys\document\sub9200.05Tinalpl2.doc CITY OF Y r■ ,*00' 33530 1 ST WAY SOUTH October 9, 1997 Ken Peckham Schneider Homes, Inc. 6510 Southcenter Boulevard, Suite 1 Tukwila, WA 98188 Subject. Request to Delete Second Road Access Heritage Woods, SUB92-0005 Dear Mr. Peckham: (253) 661-4000 FEDERAL WAY, WA 98003-6210 The City of Federal Way has received your request to delete the second most southerly access to Heritage Woods, a subdivision of approximately 110 lots. Division 1 has been recorded and Division 2 has been approved for construction. The preliminary Plat of Heritage Woods was approved with two access points. To modify the Plat to delete the second access point requires Hearing Examiner and City Council approval of a major modification to a subdivision. If you were to apply for such a modification, City staff would not support the removal of the second access for the following reasons: 1) There are no other access points into the Plat; a single access point is subject to blockage due to emergencies or maintenance; 2) Emergency vehicle response time is enhanced with two access points; 3) It is has been the expressed policy of the Federal Way City Council to have two access points to any proposed subdivision regardless of size to improve circulation and safety for residents, emergency vehicles, and maintenance. We regret that we cannot offer staff support for a single access to the Plat of Heritage Woods. Longstanding Council policy and guidance has indicated that two access points are desired to all subdivisions within the City of Federal Way. If I can be of other assistance in completing the plat improvements through recording of Division 2, please do not hesitate to call me at (253) 661-4196. Sincerely, d3 �? ;;'W2rA1-- ary ett, P . E. Senior Development Engineer GB:jg cc: Cary M. Roe, Public Works Director RECEIVED �Y Stephen Clifton, Development Services Engineer Greg Fewins, Sr Planner COMMUNITY DEVELOPMENT DEPARTMENT Project File Day File 1:\prmsys\document\SUB924=5\accessrd.doc 0 C T Q 1997 CITY OF .` 33530 1ST WAY SOUTH September 11, 1997 (206) 661-4000 FEDERAL WAY, WA 98003-6210 RECEIVED BY David Morrison r3okl m[Tv DFVR OPIkIRIT nr-PARTM=AIT Parklane Venture 31620 23rd Avenue South #320 E k F R Federal Way, Washington 98003 RE: TIME EXTENSION FOR PRELIMINARY PLAT OF HERITAGE WOODS Dear Mr. Morrison: Please be advised that the requested one year time extension is hereby granted with an expiration date of October 20, 1998. Very tr ou STEPHEN K. CAUSSEAUX, JR. HEARING EXAMINER SKC/ca CC: All parties of record City of Federal Way CITY OF FEDERAL WAY REPORT AND DECISION TIME EXTENSION FOR: Preliminary Plat of Heritage Woods SUN AARY OF REQUEST: A one year time extension has been timely filed and requested by the applicant. SUMMARY OF DECISION: Time extension is hereby granted. FINDINGS AND DECISION: FINDINGS: On June 16, 1992, the Examiner conditionally approved the preliminary plat of Heritage Woods. The approval was upheld in a subsequent decision on request for reconsideration dated October 2, 1992, and by the Federal Way City Council on October 20, 1992. On October 17, 1995, the Examiner approved a one year extension for submittal of a final plat. 2. On August 6, 1996, the applicant submitted a final plat for Heritage Woods Division I containing 45 of the 111 lots approved. On February 18, 1997, the Federal Way City Council approved the Division I final plat. The applicant. is requesting a time extension for the remainder of the Heritage Woods preliminary plat (Division II). Section 20-131(c) of the Federal Way City Code (FWCC) authorizes the Examiner to grant one one year time extension if the applicant has complied with the requirements of subsections a and b. Subsection a requires that the applicant make substantial progress toward completion of the plat, and subsection b requires the Examiner to determine whether conditions in the vicinity of the subdivision have changed to a significant degree since preliminary plat approval. 4. The applicant submitted a letter to the City dated July 10, 1997, which establishes that plans for road and storm, sewer and water, power, telephone, natural gas, and cablevision have been approved. The applicant has also received approval of a wetland enhancement and park -1- development plan for the entire site and has recorded the final plat of Division I consisting of 45 lots and nine tracts. The applicant has completed construction of a storm detention pond and facilities designed to accommodate the entire I I I lot development. The applicant expects to start development of Division II immediately, and depending upon the weather, anticipates completion by January or February, 1998. The applicant has made substantial progress toward completion of the entire plat. 5. In a letter dated August 19, 1997, to the Examiner, Gregory D. Moore, Director of Community Development Services for the City, states that conditions in the vicinity of the Heritage Woods preliminary plat have not changed significantly since 1992, and that he supports the request. All City departments have reviewed the time extension request and none object to its approval. CONCLUSION : 1. The Hearing Examiner has jurisdiction to consider and decide the matter present by this request. 2. The applicant has established that the request for a time extension satisfies the requirements of Section 20-131(c) FWCC and therefore is entitled to a one year extension to submit a final plat for Heritage Woods. DECISION: The request for a one year time extension for submittal of a final plat for HERITAGE WOODS is hereby granted. The new expiration date shall be October 20, 1998. Pursuant to Section 20-131(c) FWCC, no further opportunities for extension are available. ORDERED this day of September, 1997. STEMEN K. CAUSSEAUX, A. Hearing Examiner TRANSMITTED this 1_ day of September, 1997, to the following: APPLICANT: David Morrison Parklane Venture 31620 23ra Avenue South #320 Federal Way, Washington 98003 -2- City of Federal Way c/o Gregory D. Moore 33530 1" Way South Federal Way, WA 98003 -3- J August 25, 1997 Greg Fewins, Principal Planner Department of Planning & Community Development City of Federal `ffay 33530 First Way South Federal Way, WA 98003 Dear Mr. Fewins: I am writing to request that I be made a Party of Record on Federal Way File #SUB92- 0005, known as HERITAGE WOODS. Thank you. Sincerely, LOZIER HOMES CORPORATION Carolyn K. Crawford Senior Research Analyst COMMUNITY DFCUEELOA 1h ^TnIT LOZIER HOMES CORPORATION 1203 114TH AVENUE SOUTHEAST BELLEVUE,WA 98004 206 454.8690 LOZIEHC315MM FAX 206.646-8695 RECEIVED BY 8/12/97 COMMUNITY DEVELOPMENT DEPARTMENT �4%$r J,J�,� Mr. Jim Harris -Via Fax/661-4129 Associate Planner City of Federal Way 33530 1 st Way So. Federal Way, WA 98003 Re: Heritage Woods Division 2 - Mitigation Fees Dear Jim; PARKLANE ParkLane Executive Center 31620-23rd Avenue South #320 Federal Way, Washington 98003 Telephone: (206) 946-3652 Fax: (206) 946-3580 In your letter of Oct. 4/96, you agreed that the Div. 2 Mitigation Fees for Traffic could be deferred until the recording of Div. 2, but that due to the amount of clearing and grading completed within Div. 2, that the off -site Drainage Mitigation Fee for Div. 2 was required to be paid prior to Final Plat Approval and Recording of Div. 1, because the City could not be assured there would be a Div. 2. As you are aware, we sold Tract G, Div. 1, which will be Div. 2 of Heritage Woods to Schneider Homes. Schneider Homes is responsible for the development of Div. 2, and is responsible for the payment of any and all Development and Mitigation Fees for Div. 2. Please assess Schneider Homes the Mitigation Fees for Div. 2 when they submit their Final Plat Map and Application for Final Plat Approval for Div. 2. When you are in receipt of the payment of the Mitigation Fees for Div. 2 from Schneider Homes, please refund Parklane the $36,089.51 which we paid as a deposit, at the time of Final Plat Approval for Div. 1, for off -site drainage for Div. 2. Sincerely, David W. Morrison cc: Stephen Clifton We are committed to quality, value and service tojulfill uourcisslooners dremis and exceed fheir exwcfaiions. CITY DISTC May 2, 1997 LAKEHAVEN UTILITY DISTRICT 31627 -1st Avenue South • P.O. Box 4249 • Federal Way, Washington 98063 Seattle: 941-1516 • Tacoma: 927-2922 • Fax: 839-9310 Mr. David Morrison Parklane Ventures, Inc. 31620 23rd Avenue South, #320 Federal Way, WA 98003 Re: Heritage Woods Agreement No. 92-252 Dear Mr. Morrison: This letter is to provide an update on the status of the referenced project. The developer has entered into a Substantial Completion Agreement with Lakehaven Utility District and the District has accepted an Assignment of Funds guaranteeing completion of construction of the water and sewer facilities for the project. The following items remain outstanding for acceptance: 1. The satisfactory final inspection of the water and sewer systems. Please contact the project inspector, Mr. Al LeBlanc, directly at 381-6021 for coordination of completion of construction. 2. The Maintenance Bond which was sent to you on July 29, 1996. If you need a duplicate, please contact the District. 3. Water and sewer easements. The easements are to be recorded on the final plat document with the District's standard dedication language. The District will require a copy of the recorded final plat prior to acceptance of the project. The District does not allow retaining walls, rockery, trees, or fences to be erected or planted within the easements. An exclusive easement may needed for water facilities where insufficient 'right-of-way has been provided. This will need to be resolved and negotiated with the private utility companies before the plat is recorded. 4. Written notice from the adjacent property owner indicating satisfactory restoration of their property. RECEIVED 6Y COMMUNITY DEVELOPMENT DEPARTMENT Dale A. Cap Dick Mayer Mark Miloscia Donald L.P. Mill Beverly J. Tweddle Commissioner Commissioner Commissioner Commissioner Commissioner Mr. David Morrison Parklane Ventures, Inc. May 2, 1997 Page two 5. Written notice from the City of Federal Way indicating satisfactory restoration of the rights -of -way under their permits. 6. Reconciliation of the project account. The issue of fire hydrants protruding over the sidewalk remains unresolved. Your office was working with the City of Federal Way on this issue. The District cannot allow connection of the domestic water services until the fire hydrant issue is resolved. Please submit the legal descriptions of those properties which receive direct benefit from the water or sewer mains which were built by the referenced project. The District will review the descriptions for approval and prepare the latecomer reimbursement agreement. Please identify those properties for which the owners have contributed a share of the costs and/or for which you choose to waive latecomer reimbursement. Please call me at 946-5406, if you have any questions. Sincerely, ohn , Jensen Engineering Technician JAJ/krb c: Jaeger Engineering Schneider homes, Inc. :,City of Federal Way, Ms. Margaret Clark Inspection Technical Support Ischneider homes, inc. 6510 Southcenter Boulevard•Suite #1 •Tukwila, WA 98188•(206) 248-2471 •FAX (206) 242-4209 April 8, 1997 Mr. Gary Barnett, P.E. Senior Development Engineer City of Federal Way 33530 1" Way South Federal Way, WA 98003-6221 Re: Heritage Woods, Division II Dear Mr. Barnett: RECEIVED APR 11 1997 FAADSO DMINOTONNDN As you may or may not recall, Schneider Homes has purchased Heritage Woods, Divisions One and Two from Parklane Ventures, Inc. Prior to starting efforts to develop Division Two, I feel that it is imperative that I address certain concerns we have regarding the second access into the Heritage Woods' Plat. From years of experience, we know that the second access (S. 284`I' Street) will present grave consequences if it is to be constructed and used as an alternative access point. The existence of a second access allows unsecured access to people who may be entering the neighborhood with ideas of perpetrating criminal or deviant acts. The neighborhood will be more accommodating for potential criminals, and less reassuring to the people who will call the Heritage Woods neighborhood their home. By limiting access into the neighborhood to one entry and one exit, there is a greater opportunity for people residing in the neighborhood to observe who is coming and going, and discern who belongs, and who doesn't. Schneider Homes has the fundamental responsibility of insuring our future homeowners they are choosing a safe place in which to live and raise their families. In this case, our assurances must be tempered with the potential placement of a second access. Therefore, it falls on me to request that the second access be removed as a condition of approval for Heritage Woods Division Two, and we be allowed to make site improvements without having to construct S. 284"' Street. Please advise me what information is necessary in making this request a formal application to amend the Heritage Woods Division Two conditions for preliminary plat approval. I can be reached at 248-2471 should you want to call with any questions or comments. I look forward to hearing from you in the very near future. Ger%r � C�i Kenneth E. Peckham Schneider Homes, Inc, SC-HN-EI-245 PS 130.70 130.75 that Resolution, the City shall make the zone boundary or zone classification change to the Zoning Map approved in that Resolution. uasi-Jtadz.cial Pro'ect Rezones - Minor. Modifications Subsequent to the adoption of the Resolution of Intent to Rezone, the applicant may apply for a minor modification to the site plan approved as part of that Resolution. The City will use Process I described in Chapter 145 of this Code to review and decide upon an application for a minor modification. The City may approve a minor modification only if it finds that- 1. The change will not result in reducing the landscaped area, buffer areas or the amount of open space on the project; 2. The change will not result in increasing the residential density or gross floor area of the project; 3. The change will not result in any structure, or vehicular circulation or parking area being moved more than 10 feet in any direction and will not reduce any required yard; 4. The change will not result in any increase in height of any structure; 5. The change will not result in a change in the location of any access point to the project; and 6. The change will not increase any adverse impacts or undesirable effects of the project and that the change in no way significantly alters the project. uasi-Judicial Project Rezones - Ma -'or Modifications If the applicant seeks a modification to the approved site plan that does not meet all of the requirements of Section 70 of this Chapter, the applicant may do so by submitting the application material required for a new quasi --judicial project related rezone. The City will process and decide upon this application, using the provisions in Section 55 through 75 of this Chapter, as if it were an application for a new quasi-judicial project related rezone. 130 - 5 130.55 uasi-Judicial Project Rezones --- General The purpose of a project related rezone is to enable the City to evaluate the applicant's specific development proposal for the subject property as part of the decision on the rezone. If the City decides to grant the application, it will adopt a Resolution of Intent to Rezone which permits the applicant to develop the subject property as shown on the site plan that will be approved as part of that Resolution. After the approved development is completed, the City will make the appropriate change to the Zoning Map of the City. 130.60 uasi-Judicial. Project Rezones - Criteria The City may approve an application for a quasi- judicial project related rezone only if it finds that- 1. The criteria set forth in Section 45 of this Chapter are met; 2. The proposed project complies with this Code in all respects; 3. The site plan of the proposed project is designed to minimize all adverse impacts on developed properties in the immediate vicinity of the subject property; and 4. The site plan is designed to minimize impacts upon public services and utilities. 130.65Quasi-judicial Project Rezones - Effect of Approval If City Council approves a quasi-judicial project related rezone, it will give effect to this decision by adopting a Resolution of Intent to Rezone which will have the following effects: 1. Effect on the Applicant - The applicant may, subject to all applicable codes and ordinances, develop the subject property in conformity with the Resolution of Intent to Rezone and the site plan approved as part of that Resolution. 2. Effect on the City - If the applicant completes development of the subject property in conformity with the Resolution of Intent to Rezone and the site plan approved as part of 130 - 4 - - . ... - . . -.. __T _- --. -:71 77_.. From: JIM HARRIS To: GARYB, Subject: Hwoods I have a copy of he April 8, 1997 letter to Gary from Schneider Homes requesting to delete one of the access points onto Military Road for the Heritage Woods plat. Since this is a platting issue, as well as an access issue, I will write a response to the Schneider letter. Essentially, the request is a major modification to the approved preliminary plat, pursuant to FWCC section 130.75 (old code) and per resolution 92-122 adopting the Heritage Woods preliminary plat. A major modification requires a new quasi judicial project application and new review, IE new preliminary plat and project rezone application. When you have the pre -con, please verbally inform them of this response, and I will put this in writing to Schneider. I don't anticipate getting a written response out this week. CC: stephenc MY OF M �. 33530 1ST WAY SOUTH April 7, 1997 (206)661-4000 FEDERAL WAY, WA 98003-6210 David Morrison Via Fax Parklane Ventures 31620 23rd Ave So Federal Way, WA 98003 Subject.- Heritage Woods Slope Failure and Erosion Control Measures SUB92-0005 Dear David: During a site visit on April 3, 1997, I observed several TESC items which must be addressed within five (5) working days. Fine particles have been entering the storm system at catch basins #8, 8A, 7A, 36A, and 42. This can be prevented by placing fabric for silt fence around the grates. Please install this fabric on top of grates, tucked into the frame from above to prevent introduction of fines when the fabric is removed. Also discovered was a slope that has slumped out and down at lots #54, 53, and 52 on 25th Place So. The embankment (20-40 cubic yards) slid into the Native Growth Protection Easement below, and migrated toward the pond. This area should receive prompt attention as the sidewalk and the roadway above are at risk. A silt fence should be installed at a minimum to prevent further migration of the fine materials. The slope should be stabilized immediately to prevent further damage. Upslope (across 25th Place So), surface water control may be required. Please provide the City with engineered plans for the remediation of the failed slope and possible consequential damage to other improvements. Please call for inspection and provide compaction testing. At the West margin of the plat, the pond embankment shows tension cracks for 30-50'. Please evaluate and provide a written response of your findings and proposed actions. The entire site shows very sparse germination and establishment of hydroseeding placed last fall. Please re-hydroseed all areas at approved rates. Please contact Jim Pryal at 661-4128 for an inspection. Plans and correspondence should be directed to me. If you have questions, please call me at 661-4196. Sincerely, GARY C. BARNETT, P.E. Senior Development Engineer GCB:jg cc: Cary M. Roe, Public Works Director Stephen Clifton, Development Services Mgr Jim Harris, Associate Planner Jim Pryal, PW Inspector Project File Day File Original to follow by mail I:\prmsys\document\sub92 00.50\pw040797.doc ti Crr6Y of G PUBLIC WORKS MEMORANDUM 0 TO: Greg Fewins FROM: Ronald Garrow Immediate Response Needed Date: April 3, 1995 Respond By: April 15, 1995 SUBJECT: Heritage Woods Proposed Lot Grading Greg - Attached is a proposed site grading plan for the plat of Heritage Woods to be conducted during the development of the plat and before any house construction. Accompanying the drawing is a letter from Jim Jaeger explaining the proposal and requesting acceptance of the proposal. More specifically, he is proposing to grade at this time 40 lots of the 111 lots proposed in the plat. If you have any feedback on this proposal, please let me know. Thanks. JAEGER ENGINEERING February 28, 1995 Ron Garrow, P.E. City of Federal Way Dept. of Public Works 33530 1st Way S. Federal Way, Wa. 98003 Re: PLAT OF HERITAGE WOODS PROPOSED SELECT LOT GRADING The proposed Plat of Heritage Woods is in the final stages of engineering plan approval by the City of Federal Way. A cursory review of the profiles of the plat's internal roads will show that a significant portion of the roads are located in a deep cut or fill section. The major component of the roadway grading is the long cut section of 26 Ave. S. This cut is necessitated by the two steep access roads from Military Rd. S. These two access roads were designed with the maximum allowable gradient, so that the internal road cutting is no greater than necessary. A secondary internal road, 25 Pl. S., will be constructed on a fairly steep hillside. This road construction will involve a cut on the uphill side and fill on the downhill side. There are numerous lots that adjoin and gain access from these graded roads. Obviously, access to and use of the lots will be impossible with a deep 2:1 grades upslope beginning behind the sidewalk. If these lots were not graded during the development of the plat, they would definitely undergo the necessary regrading during the individual lot and house construction process. We feel that there are definite advantages for the City if this necessary lot grading can occur during roadway construction. This concept was discussed during several meetings with City Staff with the conclusion that select lot grading would be possible. Among the numerous benefits of performing the significant lot grading during plat construction are: 1. Grading of the lots will allow for a more volume -balanced grading operation. This means that a portion of the excess roadway material can be placed as fill on some lots. This will decrease the number of heavy trucks exporting material from the site and travelling over local roads. There is a definite benefit to offsite road maintenance as well as public safety and comfort. 9419 South 204th Place - Kent, Washington 98031 ( 206 ) 850 - 0934 2. If performed during plat construction, the lot grading will be protected by the extensive erosion control system already in place and operational. This protection would not be available if done over a much longer period of time during the buildout of the individual lots. 3. The City is requiring that this plat be constructed with vertical curbs and planted landscape strips along all roads. It would be tremendously destructive to these improvements, as well as the sidewalk, if the necessary heavy equipment performed this lot grading after these improvements were constructed. We are offering the City an opportunity to eliminate this predictable damage. 4. Lot grading performed after plat development would also require significant heavy equipment running on the internal plat roads. This would occur after these roads are paved and could cause long term road damage that must be repaired by the City. 5. If performed during plat development, the City is assured that this grading will occur during the specified construction period. If left to the house builders, this work could take place during the wet winter months. 6. The future homeowners within the plat will experience a greater equity in the quality of the lots if the grading is performed during road construction. Each lot will be graded in a similar fashion using the superior equipment that is onsite during plat construction. The lots that are proposed for grading are only those lots that must undergo an extensive amount of grading to render them usable. Thus, having a specific house design is irrelevant in determining the required grading for these lots. Approximately 40 of the 111 lots are proposed for grading which is beyond that required for road construction. Attached you will find the plans and sections for the proposed grading. This submittal should satisfy both the general planning stage and design stage requirements outlined in your letter of 10/10/94. It is critical that we begin construction in April, as the plat will expire in October. Please review these plans at your earliest opportunity. The road and drainage plans will be resubmitted with corrections shortly. Please call me with any concerns. Sincerely,, J � ames J. Jaeger, P.E. -- —( M i Ll �i-�-1 t3Ps � N ►� � 13uTR� �R�S LOT 5 . Z3 4 C= �D ► -7PC.. �ZS� IcAo c50 � sarr�- tab`-'� C Z 1* •D f(Z s , Z� st , �(Z f fn t vt I(� �`n ;iio kd 300 ( 3c� = t 33 +13 49S'o 25W SF 3 2 71�2) sF 0,-7S 4q"D 7-700 -7SF - D, 18 Prc, 9000 3F 0, ZI !ate. LOTS .51 (o , -71 , '� - 45� �3c2s 40 s� I .3D Pry, - D, zl ►4�• Lob's It z , 3, 4 = 3(0 ZZ I( -L IL II1Z S ta ST 19-�- C�� Z -OD Q odd s� D,Z1 }}c. O-Z * 4dr- Cit1 9'a C 6 `4(o '. C>6 ' 4.7 Yz '(Y1ol �rr 20�(3a� _ (�� sF 112- Md �*j fed(: z (4� _ _ 9boo TF' D.ZZ PAC • 'Iz V�� I l;u .. I(Z M L � t' a' 1 FJ., doh e Z4-0 C--JZ)= Z4-oC+o) Z,g�o (,�� c -2-00 .5-F 0. I, ►'lc-. $000 s-r o, 2z A4-- zoo = 0,t7 P - �(apD p , zz, R DD l Tf ON Ff ,L C-I� o IF"E • fvjocktj,e t2d.'1-�a-1 Min Tc = 10 .3 100- �e�r S�Qr-^\ 'Rj r Cdx\ SURFACE WATER D." _)l C,,N' Nt AN U A L KING COUNTY, WASHIN, _F_IGURE4.33C RATIONAL METHOD NEW CONVEYANCE SYSTEM SIZING - i 1 1 0. 1 * I qi 4tj 19,1 If2l > iM IV!iIrqr!lpi ri i i Ir. . I &! CL 0-875 jNI o ri �� N iri; �� I (ri 0 CL w 0 No co p D Fn 0 01 0 ri !2 (Z .0 lr4 uj Lol Ni l 3 1 �` '011 it uj cvf;, cn CIO q in J I I Inuto rz ri r- al r: -i cp 1. -sp jCPj cc; -i m I E < oN I rl) �c �p V) 'j, _� 0-1 r3; 'r; I� ��1 li uLznj) >_ ui > z 0 Z w co z D 1 ` vo) Pq P o - 0 m nI rG_ 1 �'i�'�i�i��ii�i�i�i�� KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL FIGURE 4.3.4A NOMOGRAPH FOR SIZING CIRCULAR DRAINS FLOWING FULL 1000 900 800 .0001 72.0 00 600 .0002 Soo Minimum .0003 Allowable 400 .0004 .0001 Velocity .0005 (Flowing .0006--+- 3.0 Full) 300 120 .0008 � .0002 108 p 001 0003 200 96 a .0004 4.0 90 c .002 .0005 -84 a: 1.0006 78 p .003 0008 72 66 w .004 .001 5.0 100 60 O .006 N Z 90 `` 4 c j 008 J .,002 O 8o y 48 .01 - U 6.0 70 w 003c = 42 .0W p� y 60 U .02 .005 p w 7.0 � 50 Z 36 � .006 LL � U. Z 33 .03 .008 a W 8.0 Z 40 W 30 .04 .010 O ti w CL 27 .05 Q,f) Z 9.0 Q 30 LL 24 8 � .020 H 10.0 _ 21 .10 V 030 20 Ln Lu 18 .040 W 2 1,100 050 Q 15 060 p 080 12 10 10 9 SAMPLE USE 8 7 8 24" dia. CMP @ 2% slope yields 20.0 17cfs @ 5.2 PPS velocity 6 (n = 0.024) 5 6 Values per Manning's Equation 4 Q = ( 1.49) AR s 2 30.0 3 n This table can be converted to other "n" values by applying 2 formula: ' 40.0 01 _ n1 02 n2 4.3A-18 100 KING COUNTY, WASHINGTON, SURFACE W-pTER DESIGN MANUAL FIGURE 4.3.413 CIRCULAR CHANNEL RATIOS Experiments have shown that n varies slightly with depth. This figure gives velocity and flow rate ratios for varying n (solid linel and constant n (broken line) assumptions. V/V full \ r \ \ J7 i� a/afull \ \ 1 \ NlIZ 1.2 1.0 0.9 0.8 0.7 0.6 0.5 0.4 0.3 0.2 0.1 0 RATIO OF FLOW DEPTH TO DIAMETER WD) 1.0 9 8 4 .3 .2 .1 4.3.4-19 INC KING COUNTY, W��HINGTON, SURFACE W/_'DER DESIGN MANUAL .1R° Peak Rainfall Intensity The peak rainfall intensity (IF) for the specified return frequency (R) design storm is determined using a unit peak rainfall intensity factor (iR) for a given return frequency (R) design storm using the following equation: IR = (PFOR) where: PR _ is the total precipitation at the project site for the 24-hour duration design storm event for the given return frequency (from the Isopluvial Maps in Figures 3.5.1 C through 3.5.1 H) iR = OR) (TJ -(bR) ; the unit peak rainfall intensity factor Where T� = time of concentration (minutes), calculated using the method described below only (T, minimum value is 6.3 minutes) aR and bR are coefficients (from Table 4.3.3B) used to adjust the equation for the design storm return frequency (R) This "iR' equation was developed by SWM Division staff from equations originally developed by Ron Mayo, P.E. It is based on the original Renton/Seattle Intensity/Duration/Frequency (I.D.F.) curves. Rather than requiring a family of curves for various locations in King County this equation adjusts proportionally the Renton/Seattle I.D.F. curve data by using the 24-hour duration total precipitation isopluvial maps. This adjustment is based on the assumption that the localized geo-climatic conditions that control the total volume of grecipitation at a specific location also control the peak intensi►;cs proportionally. Figure 4.3.3A has been included to demonstrate that this unit peak rainfall intensity (iR) will generate a curve with the same characteristics as the historic 25 year I.D.F. curve. Note, T. must not be less than 6.3 minutes or greater than 100 minutes. On the historic I.D.F. curves the lower limit was set at 5 minutes, 6.3 minutes was selected based on the mathematical limits of the equation coefficients. TABLE 4.3.3B COEFFICIENTS FOR THE RATIONAL METHOD "iR' -EQUATION DESIGN STORM RETURN FREQUENCY (YEARS) I aR I bR 2 Year 1.58 0.58 5 Year 2.33 0.63 10 Year 2.44 0.64 25 Year 2.66 0.65 50 Year 2.75 0.65 100 Year 2.61 0.63 4.3.3-3 1 /90 CITY OF AC�- M 33530 1ST WAY SOUTH August 8, 1996 Mr. David Morrison Parklane Ventures, Inc. 31620 23rd Avenue South Federal Way, WA 98023 Re: Heritage Woods, SUB92-0005 Military Road Illumination Dear Mr. Morrison: (206) 661-4000 FEDERAL WAY, WA 98003-6210 In response to your inquiry as to the appropriate standard to be used for providing illumination along Military Road, staff has assembled the documentation by which the City follows during design of these facilities. During the approval of the preliminary plat, SEPA Condition Number 8 was modified to reduce the number of lanes from five to three. This reduction in width did not affect any other street improvement requirements which included "provisions for bicycles, sidewalks, signal modifications, illumination, street trees,..." (see attached pages). Federal Way City Code, Section 22-1516(b) adopts the 1987 King County Road Standards (KCRS) as an interim standard until permanent standards are in place. Under Section 5.05 of the 1987 KCRS, "Luminaires of suitable type and candlepower shall be provided where directed on arterials and as intersection identifiers where other streets intersect arterials. Type of installation shall be as set forth in WSDOT/APWA Standard Specifications and as directed by the Engineer." (see attached copy). The WSDOT/APWA standards (Standard Plan 7-1) details a metal pole and arm with the same basic shape as shown on the Heritage Woods plans and with a 40- to 50-foot height above the roadway (see attached copy). The WSDOT Traffic Manual specifies a horizontal illumination level for an intermediate arterial of 1.2 foot candles and a commercial arterial of 1.6 foot candles (see attached). Military Road could be considered an intermediate arterial because of the type of development in the area although it is classified as a major arterial by the City Comprehensive Plan. It would not be considered a residential arterial since direct access to the street is not permitted from individual lots. In reviewing these standards to the design directed by the City's Engineer, Ken Miller (Street Systems Manager), the required illumination level is 1.5 foot candles which is not - - significantly different from the 1.2 foot candles noted in the WSDOT documents. The City has approved the use of a pole height 5 feet lower than WSDOT specifications. In effect, the approved plan is not significantly different than what a WSDOT standard would require. The difference my result in a minor spacing change but would still require the same number of poles. I hope this letter and attachments provides the information you need. If you have any further questions, please call Ken Miller at 661-4136 or me at 661-4109. Sincerely $lephen Clifton, AICP Development Services Manager SC\jg enc: Page 5 of Resolution #92-122 Page 8 of SEPA Determination Page 31 of 1987 King County Road Standards Manual Sheet 1 of 2 Standard Plan J-1 from the WSDOT Manual Page 4-14 of WSDOT Traffic Manual Luminaires spacing design detail of Federal Way c: Cary Roe, Public Works Director Ken Miller, Street Systems Manager Ron Garrow, David Evans and Assoc., Inc. L:\pimsys\document\sub92_00.05\Pw080796.doe �wLQLG( LKUHQrMh\14' 9419 1 Z0+ PLACE KENT. WA 98J31 (zJ6) � .�93 ift 7Z7 �3Z� REVISION DATE February 20, 1996 FEB 2 2 t996 Stephen Clifton, Development Services Manager City of Federal Way 33530 1st Way So. Federal Way, Wa. 98003 Re: Heritage Woods --Culvert Extension from Military Road Stephen: You may recall that I submitted a redlined plan to your Dept. (to Ron Garrow through you) showing a proposed extension to the 18" culvert that passes under Military Road and onto Heritage Woods. This culvert extension would carry the culvert flow past the toe of the Military Road fill within a pipe rather than an open ditch. The ditch, which is very visible in the field, poses a potential erosion problem to the future Military Road fill slope. Ron agreed with this extension but needed concurrence from Jim Harris due to the proximity of wetland areas. Mr. Harris was directed not to review any wetland issues until the previous City consultant bill was paid. I understand that this has now been paid and I request a quick review of this proposal. Please do not refer this matter to the consultant as it is quite simple and I would not want to subject the owner to another billing. The attached plan segment shows the proposal as well as the previously submitted redline. We also request to add fill material to the area indicated on the plan: It is important that we construct the large detention/sedimentation pond and the weather will not,allow truck access to the upper site fill areas. The area shown is the only alternative for placement of some of the pond excavations. This area lies. within the 100 ft. buffer of a wetland creation area, but the wetland does not yet exist. This would lead me to believe that the buffer does not yet exist. The wetland area cal -led Wetland E that is being disturbed by the Military road fill and the'proposed additional fill is designated to be eliminated and replaced. Please route this proposal to the necessary staff for review. The construction of the sediment pond is being delayed until we hear from you. Please feel free to call me with any questions or clarifications. Thank you. Sincerely (?�� 90� James Jaeger, P.E. 0 4- - ■ a _ � � Sri '' a 44 7 _ 4 u f i LL coLh C\s lit 3 / . f. � ■ , to �� `n � J J � / �� /+' / 0 `�i Zak Oa-�p dC LL� LL QL 0 7 lei L,, L✓�lavyd any Q 25 3 0p-Zu1 rr;W �y2 ocQo Qu qU �� / m v " loll W f 9419 1 Z�� PLACE KENT, UlA 9��31 12�6) o�E �93� FAX 727 �32� �Xzv,% ) July 18, 1995 c U Cary Roe Director of Public Works City of Federal Way 33530 1st Way S. Federal Way, WA 98003 Re: Proposed Plat of Heritage Woods Cary, Rlb VI on �4Tx�N�IV �'D rs�o�s As you probably know, we are very close to receiving the final engineering approval for the above plat-. The remaining issue involves the City's approval of the wetland mitigation plan. A portion of my earlier correspondence to you outlined the critical wetland issues. I realize that,wetlands and other sensitive areas are primarily handled through the Planning Dept.; however, I feel that your input on a single item of contention is imperative. We are struggling to find practical areas for new wetland creation; areas that will provide a reasonable chance for success. The key factors are a sufficient, reliable water supply and the presence of fairly impermeable soils. An area that provides both of these is the existing man made pond. I acknowledge that this pond is designated as a stormwater "polishing" facility, but there is an area behind the inlet, pipe to the pond that will not provide any water quality benefits due to its lack of circulation. This is also the shallow end of the pond (21-31deep). We have requested that the Planning dept. allow us to use this area for wetland creation. We were denied this opportunity with the response that it was not acceptable to Public Works. Thus, I request that you consider this option and relay your concerns, if any, to me. I will be happy to provide you with any additional information that you feel is needed. Thank you for your attention. Sincerely, James J. Jaeger, P.E. f ►A r . �. L �..... _ sA VANCOUVER . SEATTLE - EDMONTON PARKLANE July 24, 1995 ParkLane Executive Center 31620-23rd Avenue South Mr. Cary Roe Federal Way, Washington 98003 Director of Public Works and Telephone: (206) 946-3652 Mr. Greg Moore Fax: (206) 946-3580 Director of Community Development City of Federal Way 33530 1st Way South Federal Way, WA 98003 RECEIVE Re: Heritage Woods - Phasing of Development FEDERAL WAY PUBLIC WORM ADMINISTRATION DIVISION Dear Cary and Greg: As you know we have been attempting to secure plan and permit approval to start the development of the 111 lots within Heritage Woods. We have obtained approval to clear and grade the site according to the revised plans that recognize and omit those areas identified as sensitive and which require further submittals. We do want and need to start that portion of the development of the project that does not contain these areas of sensitivity, and will continue working with your staff in completing the necessary wetland and geo-technical studies to obtain approval for the entire project. As we have only a very short period of time to complete a first phase portion of the project, this summer/fall I have identified an area of the project that contains 41 lots, which we request your approval to develop through completion. The area excludes any wetland areas and 25th Place South, which contains slope conditions that apparently need further study, before we obtain your approval. Please find attached a map showing the area and the lots (highlighted in green) which we consider suitable for a first phase of development. As the number of lots contained within the proposed first phase contains only 41 lots, which is only 37 % of the 111 lots proposed, we ask that you give serious consideration to the deferral of certain conditions that would be considered off -site to the first phase of 41 lots. In particular we ask to phase and defer the following requirements to the second phase of development: 1) All of the roads not contained within the area colored green. This would include the secondary major access to the plat (South 284th Street), which our traffic engineer does not consider necessary to service the access and egress needs of only 41 lots. In other words, we ask your approval for the development of only the northerly major access road We are corn milled to quality value and service to fr i,eap our rrc exreers* rirearirs and exueri their expectation- -2- 7/24/95 (South 282nd) to provide the access and egress needs of the first 41 lots, to and from Military Road. 2) The southerly portion of the Military Road improvements from South 282nd south to the southerly boundary of our site. We would complete all of the requirements from South 282nd north to Star Lake Road and the necessary taper along the west side of Military, south of South 282nd. This would provide a gradual acclimation period for the local residents regarding the Military Road widening. It is noted that many residents opposed this widening during the public hearing. Completing Military Road from 282nd to Star Lake Road will eliminate the dangerous intersection now existing. 3) The construction of the double tennis court within Tract A, the tract of land being dedicated to the City for a park. We would dedicate a proportionate share of Tract A for park. We would complete all of the off -site storm facilities required for the 111 lots to ensure we do not have any erosion control problems and all of the road and storm, sewer and water facilities to service the 41 lots within the first phase. The balance of all work would be done in Phase II, the balance of the plat. Our total off -site costs for the project is $656,000. In order to make the first phase feasible to complete, we need your understanding and agreement to phase and defer some of these costs from the first phase to the second phase of development. I would appreciate a meeting this week with yourselves, Ron Garrow and Jim Harris to discuss this important request and hopefully your approval. Please advise me of the earliest opportunity for this meeting. Sincerely, zw';?A� David Morrison cc Ron Garrow Jim Harris Jim Jaeger �e. A E[,�A— OESCRIPTION VIM A AT PORTION OF THE NORTHWEST OVARTER OF THE SOUTHEAST OU-ER OF SECTION 33. TOWNSHIP 22 NORM MME a EAST W.M., IN PIING COUN'ry, WASHNGTO", MORE PAAM=:SED AS FOLLOWS: SOUTHEAST QUARTER OF SECIMM )D �• �� '�#� � � � � -1; , GNNSIG AT THE NORTHWEST CORNER OF SAID MCRTKOEST M HERITAGE WO( S SAID POND OF eEGANUNG IIIEVN�FFU:rnn DESCRIBED AS AS BEING THE CENTER OF SAID SECTOR W, THENM!e; P A U, 19323 FEET TO 71,* NORTH WESTERLY MARGIN OF TH E AAce#G THE NORTH LINE•D By DEED RECORDED MARCH 15 1039 UNDER KING COUNTY RECORDING T;j ILI . •44tlxc' EVr MILITARY ROAD. AS MAaLISHE LV_qG -ES =-=M MeCAX1590OLTHEW ALONGT14LSAD W THE FOLLOWING THREE COURSES AND DPSTA"r 16 $A FEET, S0, I I FEET 10 THE SOUTH LINE OF SAID N0nTHV9ZST CUARTE R THE TV ALONG .. SOUTI4 LIRE. 314,20 FEET TO TJ-M WE OF FEET, r 1%THENCE a ParkL=e Neighborhood MTHWE T - �AFITIFI 0 SOUTHEAST OUARTER, THENCE NOI-D3m�r`E ALONG CORNER OF SAID NORTHWEST 0 THE 1. F1 'Z Oc BECOMING. EXCEPT THAT PORTION OF THE E YIMI.NE OF SAID SUBDM�rAIS5j OUARTER Or THE POINT )UTH ".00 FEEr OF 'IKE NOW SOUTHEAST OUARTER OF SAID SECTION 33. LYING j ILITAAV ROADS, KNO EXCEPT PORTION LYING WITHIN 'OLD' MILITARY ROAD, ALSO 51 :1,1 7- -OLD' AND -HEW.XAD NO. 127 AS ESTABL15" D DIX TIME 24. ISK TWEEN THE , FEET I - OWN AS IN "I XIU17Y T. EAST 62,5 FEET OF THE NORTHEAST OUARTEA OF THE sourKwEST H- \N' ON W AND TOSETmen WITH THAT PORTION Or VACATED 'OLD' MILITARY ROAD, ALSO KNOWN ="AAM.T1EC51 EDONI�)o AMBER Rltt 2 AND ALSO KNOWN AS HOLST ROAD. VACATED BY X04G COUNTY ORDNANCE 'KI'NG COUNTY RECORWRO NO. 7742'AMM. MM FARTICUL%RY DEVV430ED AS 54 . . . . . . -----•1FT L THAT PORTION QF •QLfi MILrrARY ROAD, ALSO KNOWN As,pF1N RICE (T3IANTY ROAD so INC OUTKALY ..A 121 LYING S Vm- z ICH 33� A'4AA;��j 'a THE M�)ATH LINE OF THE ROATKNES7 OUAFITEA OF THE SOUTHEAST WARIER OF S" SEC:T LY I ATICER'. Y 09 THE SOUTH 56 FEET OF SAID SUDDrVI5P>i MCEL 0 .5 FEET OF THE NORTHEAST OUARTER OF THE S0VrHWF4T QUARTER OF SECTION 33, TOWNSHIP 22 Z-6 7,5 ATH. RANGE 56 EEASIA12 A EAST. W.M., IN COUNTY. WASHINGTON, EXOEMILS SOUT14 $$FEET OF THE EAST MS FEET OF ,ID SUBDIVISON. Al Y M "LC 57 _�j IAT OF THE TE:7CF THE NORTHEAST i %pum SECTION M. TOWNSHIP 22 NORTK "T, W.M. IN % :GN"Ipe, AT THE SOUTHWEST WASIN M THENCE N53-J4'04*E TM -AS FEET. THENCE 10 DESCRIBED OUARTER OF SF FEET, 55 I.N'EE "DIVIS", THENCE ON 6 kr ET. THENCE F "N19NTGH EXCEPT THAT PORTION THEREOF LYING '�RNER OF SAID SUBONISION. A..z1fi-E. 654 'WIFE T TO I&SO LINE - SAID -W '41 1-1EIT OF JD SOMH LINE NU'ZYAI � 106,71 "C"t 1-2T rTHIN THE 50LI.0"NG DESCRIBED PARrtl, PEGIRNING,AY THE SOUTHWEST CORNER CF SAID NORTHEAST t"iVrC7- C. 41, AATEFL THENCE 771.45 FEET, THENCE SWA21 EV 95-.W FEET, S."', S"W 13"7 FEET TO THE TRUE39 ; TARTER OF BEGINNING, THENCE TwLiK�. S.- %%Ad-W, & DZTANtf OF �2 to FEET TO THE SOUTH LINE OF SAID OWN PORTION Y r. BEGINNING ALSO 9M OON )RT KEAST COARTEPL THENCE ALONG SAID SOUTH O�[E X5r2W4 $"W. A DWAXCF OF 3SO FM- THE�Nce DISTANCE OF 740 FM, THENCE SOLIWEASTEALYTO WE TRUE PONT Cf' AS 30 L r LOT 6 REDONDO RE KIRTS UNRECORDED, '< 2 "IT4 TAT PORTION OF THE SOUTHWEST OUAqTER OF THE NORTHEAST OUARTER OF SECTION 33, TOWNSHIP 22 NORTH. kNGk A EAST. W.1k. IN KING COUNTY. WASHpIGTM. DESCRIBED A� FOLLOWS: 11 THEN 11 AL SOUTH LINE WIEPIJEOF ',,6 84 q, 004, LOT VICINITY MA 0,"r,L;T,1j=.CUAR.TER 40 V ;�N CE IM 11 — V .,_. E�' E ITj'!.0 AILC*JS EAST ONE E)F SAID SUBDIVISION 2M.74 '27 V TG THE PONT OF Be,' REDONDO KEIOHTr5. UNAEODFIDED LOT &A, TOCZWE R WITH ALL APPUMENANCES. EREDUAMENTS AND TENEMENTS, ALSO KNOWN AS LOT 5A LESS COUNTY ROAD OF REDONDO HEIGHTS qRECORDED 0 4 -f ARCEL E 45 96 7° LOT I 4AT PORTION OF THE SOUTHWEST OUARTER OF THE NORTHEAST QUARTER OF SECTION 32. TOWNSHIP 22 NORTH, 25 arkLane Ventures Inc. AWE 4 EAST. W M IN KING COUNTY. WASHINGTON, DE5'-"F.D AS FOLLOWS: -4 50 #320 - 31620 23rd Ave. S. EGINNING AT THE SOUTHWEST CORNER Ot SAID NORTHEAST OUARTER. THENCE N&r2l"'E• 48 7.a FEET, THENCE 551*42-IVE 654AT FEET. SWIVAAw I34,17 FEET TO THE TRUE PC Federal Way, WA 98003 cCARNIPr- THENCE CONTPiONG A DISTANCE OF 72.66 FELIFT70 THE 23 UE) r SOUTH LINE RSM 41 -W, A DISTANCE Of 43 T., Telephone: 1206) 946-3650 TXN�EAST OUAATF% T8M:E AION�� SAID $0 THENCE SOUTHEASTERLY TOI. .ET. L Hm-15,m'E. A DISTANCE OF 240 FEET. DO RE1G)CM UNRECORDED, $11 DINT OF BEGINNING ALSO MOM AS A PORT30H OF LOT 6 RE 22 66 47 1 S;�3VEYOR ONTAtNS 41.866 ACRES MORE OR LESS. 36 —, , - 4 .4 Dryco Survey and Mapping Inc. 20 1 CU 52 31228 Pacific Highway South 1 87 4r, 21 Federal Way, WA 98000 ILEMENTS 3. 2 Telephone. (206) 838-1937 104 pVU7 brAM FVft�. LC� OX�. A WbJ-"� 89 CALL C-NT117 @I. RE YOU DIG: to -800-424-5555 ow.�� za� �E: TIMM. 54 Q • 114. WEA AFFECTEDerC103 TRACT -A V7 I OCTMAN. III. BENCBMAR-91 20 17 1 ft %9;;�,—hmused - Brass Capffonument 102 107 5C 1 0026 located west of intersection of S. 2880L 15 Street and Military JZ*axL G-U. 0225, 108 CA -C.A.S. Datum Elevation 483.76' Y '57'( tz 92 100 AREOTi �IPC.T�WFM, M 105 62 PUBUC oni M F". 14 1 4 99 •j, TF1 CT-: 3 1 way 1%wac Works 1V 5of City Phllo,-N=- f2M 66J-4143 94 90. 95 UST OF DRAWINGS: PLAN 12 96 IV - - - - - - - - 11 - - - L07 Z 940426 Sheet I of 21 ROADS and DRAINAGE and PROFnX ""25 Sheet 2 of 21 ROADS and DRAINAGE PLAN and PROFnZ —T�D 940425 Sheet 3 qf21 ROADS and DRAINAGE PLAN and rROFxLE 940425 Sheet 4 of 21 ROADS and DRAINAGE PLAN and PROFnZ - - - - - - - - - 940425 Sheet 5 of 21 ROADS and DRAINAGE PLAN and PROMLE - - - - - - •- - - - 0025 940425 Sheet 6 of 21 REsTRICTOR DETAILS and DRAINAGE NOTES A VEA 940425 Sheet SA of 21 DETM=ON POND. RrO6,WALE, DETAILS to f 21 CURB RE7VRIV DETAILS and GENERAL NOTES .940425 Sheet 7o 1 6 5 4 PERMIT NO.--- ----------- - --- 940,425 Sheet 8 qf21 CURB RETVRN DLTAMS \ 1, 0 940425 Sheet 9 of 21 AE=ARY ROAD PLAN and PROFnZ ...... I - - 8__ I - ........... 940425 Sheet 10 of 21 M=ARY ROAD PLAN and PROFILE I LjLA0 ,riCITY OF FEDERAL WAY 940425 Sheet I I qf21 EROSION and SMDMVTA17ON CONTROL PLAN 17-1 --- - - - - - - Ik I 940425 Sheet I 1A of 21 E.&S.C.P. NOTES and DZTAMS I%N L 940425 Sheet 12 of 21 LANDSCArE PLAN I R&AV -9.- L"-ROVAL DATE:. -. Sheet 13 of 21 LANDSCAPE PLAN "Tow 940425 Sheet 14 of 21 WATERWORKS PLAN 940425 Sheet 15 qf21 WATERWORKS FLAN ------------------------------------------------------------- J L - - - - - - - - - -- -- - - - - - - - - - - - - -------- 940425 Sheet 16 of 21 SANITARY SEWER rLAN and rROF7LE OFFSr1E 940425 Sheet I 6A of 21 SANITARY SEWER PLAN and rROF1LE 940425 sheet l7qf2l SANITARY SEWER PLAN and PRO= JAEGER ENGINEERING 940425 Sheet lSqf2l SAWTARY SEWER PLAN and FROPUZ 94 19 S. 204 Placr. KEnL WA 9803 1 940425 Sheet 19 of 21 SANITARY SEWER FLAN and PROEXLE DENOTCSSHETTNUMBER 1206) 950-0934 940,425 Sheet 20 o LF T21 HORIZONTAL CONTROL PLAN F �T-. THIS SET OF DRAWINGS IS REDUr_ED -ro��SEZE, 940425 Sheet 21 of 21 HORIZONTAL CONTROL PLAN D—ing N2 PARKLAIVE VENTURES INC. N2 Dal. R ...... rI App'd By D-9-d By JJJIV-"V pp,--d By: 6--PLA 7' OF HERI TA 6f W00 5940425 Dr.- by D11, Ofh,, De1r APRI4 1994 Technical Services Unlimited 15559 Sx. 67tkL Place, Bellevue. Washinpon 980M (206) 644--2=6 "k C 0 VER SHEET C of 21 Ch..k.d by: GEOFEC H CONSULTANTS. INC- 13256 N.E. 20th St. (Northup Wav). Suite 16 Bellevue, WA 98005 (206) 747-5618 FAX 747-8561 Jaeger Engineering 9419 South 204th Place Kent, Washington 98031 Attention: James Jaeger, P.E. Subject: Pavement Design Recommendations Plat of Heritage Woods Military Road South at South 284th Street and South 282nd Place Federal Way, Washington Dear Mr. Jaeger: May 8, 1995 JN 95163 At your request and to comply with the plat conditions, Geotech Consultants, Inc. has prepared this letter to provide geotechnical design criteria for the roadways of the Heritage Woods Plat. This plat, which will contain 111 single-family residential lots, is to be constructed adjacent to, and north of, Military Road South. The main streets of the development will be connected with Military Road South by South 284th Street and South 282nd Place. We were provided with a geotechnical report, dated June 19, 1990 and prepared by James Eaton, P.E. for Parklane Ventures, Inc. Twenty-four test pits were excavated for this study. In general, glacially consolidated, slightly silty to silty, gravelly sand was found near the ground surface in all of the test pits, except the test pits excavated near the northern boundary of the site. In the northern test pits, we encountered more granular, glacial outwash deposits. The soil profile generally consists of an about 1-foot-thick layer of topsoil and forest duff over looser weathered soils that gradually transition into less weathered, very dense soils. The silt content of the soils is highly variable. Groundwater was only found in the low-lying areas or as perched water on top of the less permeable, dense, silty soils. Pavement Design All pavement sections may be supported on the competent, native soils underlying the topsoil or on structural fill, provided these soils can be compacted to_ a 95 percent density and are in a stable, non -yielding condition at the time of paving. Structural fill or fabric may be needed to stabilize soft, wet, or unstable areas. We recommend using Mirafi 500X or a Jaeger Engineering, Inc. JN 95163 May 8, 1995 Page 2 woven fabric with equivalent strength and permeability characteristics in areas where a geotextile fabric is required. In most instances where unstable subgrade conditions are encountered, 12 inches of granular, structural fill will stabilize the subgrade, except in very soft areas where additional fill could be required. The subgrade should be evaluated by Geotech Consultants, Inc., after the site is stripped and cut to grade. Recommendations for the compaction of structural fill beneath pavements are given in a later sub -section entitled General. Earthwork -and Structural _ Fill. The performance of site pavements is directly related to the strength and stability of the underlying subgrade. We recommend proof -rolling the subgrade with a heavily loaded truck prior to placing the pavement section. It is our understanding that the City of Federal Way uses King County design standards. The minimum pavement section for residential streets is thus either 2 inches of asphalt concrete (AC) paving over 4 inches of asphalt -treated base (ATB) or 2 inches of AC over 1.5 inches of crushed top -course (CTC) rock and 3.5 inches of crushed rock base (CRB). It is our opinion that these minimum sections are appropriate for the streets in this subdivision, except for South 284th Street and South 282nd Place. The asphalt on these streets and the paving within 100 feet of their intersections should be increased to at least 3 inches because of heavier traffic loads. The pavement section recommendations and guidelines presented in this report are based on our experience in the area and on what has been successful in similar situations. We can provide recommendations based on expected traffic loads and R-value tests, if requested. Some maintenance and repair of limited areas can be expected. To provide for a design without the need for any repair would be uneconomical. General Earthwork and Structural Fill All pavement and sidewalk areas should be stripped of surface vegetation, topsoil, organic soils, and other deleterious material. The stripped or removed materials should not be mixed with any materials to be used as structural fill, but they could be used in non- structural areas, such as landscape beds. Structural fill is defined as any fill placed under the pavements or sidewalks. All structural fill should be placed in horizontal lifts with a moisture content at, or near, the optimum moisture content. The optimum moisture content is that moisture content that results in the greatest compacted dry density. The moisture content of fill soils is very important and must be closely controlled during the filling and compaction process. The allowable thickness of the fill lift will depend on the material type selected, the compac- tion equipment used, and the number of passes made to compact the lift. The loose lift thickness should not exceed 12 inches. We recommend testing the fill, including the utility GEOW-CH CONSULTANTS, INC. Jaeger Engineering, Inc. JN 95163 May 8, 1995 Page 3 trench backfill, as it is placed. If the fill is not compacted to specifications, it can then be recompacted before another lift is placed. This eliminates the need to remove the fill to achieve the required compaction. The fill under the pavement, including all utility trench backfill, should be compacted to 95 percent of the maximum density, as determined by the ASTM D-698 (Standard Proctor) test procedure. We recommend compacting the top 2 feet of the pavement subgrade to 95 percent of the ASTM D-1557 (Modified Proctor) density. When it is placed, the fill must be near its optimum moisture content and in a stable condition under heavy equipment loads. Use of On -Site Soils If grading activities take place during wet weather, or when the silty, on -site soils are wet, site preparation costs may be higher because of delays due to rains and the potential need to import granular fill. The on -site soils are- generally silty and thus moisture -sensitive. Grading operations will be difficult during wet weather, or when the moisture content of these soils exceeds their optimum moisture content. The moisture content of the silty, on -site soils must be at, or near, optimum, as they cannot be consistently compacted to the required density when the moisture content is significantly greater than optimum. The on -site soils underlying the topsoil could be used as structural fill, if grading operations are conducted during hot, dry weather, when drying these wetter soils by aeration is possible. During excessively dry weather, however, it may be necessary to add water to achieve the optimum moisture content. Moisture -sensitive soils may also be susceptible to excessive softening and "pumping" from construction equipment, or even foot traffic, when the moisture content is greater than the optimum moisture content. It may be beneficial to protect subgrades with a layer of imported sand or crushed rock to limit disturbance from traffic. Ideally, structural fill that will be placed in wet weather should consist of a coarse, granular soil with a silt or clay content of no more than 5 percent. The percentage of particles passing the No. 200 sieve should be measured from that portion of soil passing the three -quarter - inch sieve. LIMITATIONS The analyses, conclusions, and recommendations contained in this report are based on site conditions as reported by James Eaton, P.E. If the subsurface conditions encountered GEOWICH CONSULTANTS, INC. Jaeger Engineering, Inc. JN 95163 May 8, 1995 Page 4 during construction are significantly different from those assumed, we should be advised at once so that we can review these conditions and reconsider our recommendations where necessary. Unanticipated soil conditions are commonly encountered on construction sites and cannot be fully anticipated by merely taking soil samples in test pits. Subsurface conditions can also vary between exploration locations. Such unexpected conditions frequently require making additional expenditures to attain a properly constructed project. It is recommended that the owner consider providing a contingency fund to accommodate such potential extra costs and risks. This is a standard recommendation for all projects. This report has been prepared for the exclusive use of Parklane Ventures, Inc., Jaeger Engineering, and their representatives for specific application to this project and site. Our conclusions and recommendations are professional opinions derived in accordance with current standards of practice within the scope of our services and within budget and time constraints. No warranty is expressed or implied. The scope of our services was limited to providing our opinion as to the pavement design. Our services did not include services related to construction safety precautions, and our recommendations are not intended to direct the contractor's methods, techniques, sequences, or procedures, except as specifically described in our report for consideration in design. We recommend including this report, in its entirety, in the project contract documents so the contractor may be aware of our findings. ADDITIONAL SERVICES Geotech Consultants, Inc. should be retained to provide geotechnical consultation, testing, and observation services during construction. This is to confirm that subsurface conditions are consistent with those indicated by the exploration, to evaluate whether earthwork and foundation construction activities comply with the intent of contract plans and specifications, and to provide recommendations for design changes in the event subsurface conditions differ from those anticipated prior to the start of construction. However, our work would not include the supervision or direction of the actual work of the contractor and its employees or agents. Also, job and site safety, and dimensional measurements, will be the responsibility of the contractor. GCOTT:CI-I CONSULTANT'S, INC. Jaeger Engineering, Inc. May 8, 1995 JN 95163 Page 5 If you have any questions, or if we can be of further service, please do not hesitate to contact us. Respectfully submitted, GEOTECH CONSULTANTS, INC. -?-.wF1� i� S/8i95 EXPIRES 8 James R. Finley, Jr., P.E. Principal J RF: dew GEOTECI ( CONSULTANTS, INC. 05/19/95 10,51 FAX, 206 828 2888 W&H PACIFIC 0 002 PACIFIC 3025-112th Avenue hi, E. P.O. Box C-97304 Bellevue, WA 98009-9304 MEMORANDUM TO: Greg Fewins, Senior Environmental Planner, City of Federal Way FROM: Keith Fabing, Wetland Biologist, W&H Pacific DATE: May 19,1995 RE: Heritage Woods Revised Wetland 1diti;ation Plan Review JOB NO: 3-0420-0801-1.33 RECEIN jkt)l-�' CITYUILDING ©EPT Ali ell The purpose of this memo is,co provide comments on the Revi d Wet and- st rati Ian e Woods prepared for Parklan.4-' Ventures, Inc. by del Moral and Associates, dated June 27, 1994. These comments are based on a review of the project history, a field investigation to assess current on -site wetland conditions on the subject property, and a review of the proposed mitigation plan. The subject property is located west of Military Road and south of Star bake Road. The area of the property is approximately 45 acres. The wetland mitigation report is being prepared in support of a suburban residential subdivision proposal. Project File History A G Ietland ] re ermination. s as sessment and Milization Plan was prepared by David Evans and Associates, Inc. dated August 28, 1990. Six wetlands were delineated within the property boundaries. A report was completed by the Office of the Hearing Examiner (Decision Date, June 16, 1992). The report states the following on Page 4, Section 5: "A completed application for the rezone and subdivision was submitted on September 24, 1991, and was vested under Section 90-145.2 of the FWZC adopted February 27, 1990. The wetlands report was accurately and correctly prepared in accordance with said section. The report establishes that there are six wetlands and a pond totaling 1.81 acres on the site. Four of the six wetlands are considered to be regulated wetlands, a total of 1.43 acres." An open water pond is also located on the property. Aa ftitumittsat stream runs fro -in east of the property through Wetland E, through the pond, and exits the property ffii g -1-wetland C at the north property line. The drainage is classified as a "minor stream." and contributes hydrologic support for off -site wetlands located north of the property, as defined on Page 20 of a report prepared by David Evans and Associated, Inc. titled �tlancl. Det - mm aatlarl for the Emerald EukE-�perty, der Vy� �� TL,ybia on, dated August 28,1990. L �a c /q,r (206) 827-0220 Fax (206) 822-5341 Planning- Engineering - Surveying - Landscape Design - Environmental Services S 05i19195 10:52 FAX 206 828 2888 W&H PACIFIC [a00.1 Heritage Woods Wetland Mitigation Plan Review Memo May 19, 1995 Page 2 The blearing Examiner report also states in the above referenced section: "Approximately 0.41 acres of wetland will be impacted or displaced by the proposed development; 0.25 acres [of Wetland E] wilI be impacted by the widening of Military Road South and the balance by construction of the proposed subdivision. A very small portion of the wetland [0.005 acres of Wetland DI will be impacted by excavation and installation of a required sanitary sewer line which has no other reasonable physical location on the site. Proposed Lot 59 is located within the required 100-foot setback from a wetland [Wetland D ] and must be reconfigured." The Hearing Examiner report also states on Page 5 and 6. Section 6: "The adoption of the proposed conceptual mitigation plan will result in a net loss of wetland function and value. In addition, the plan does not provide measures for conrxolling or encaur `hig public access into or from sensitive wetland areas. However, these elements will be considered in the final mitigation plan required by the conditions contained in the Mitigated Determination. of Non -Significance. The applicant has agreed to all conditions in the MDNS." A Staff Report Prepared for Hearing Examiniz Mecting_of Jung l .1992. prepared by the Department of Community Development, dated May 22, 1992 states on Page 6, pp. 4: "If approved., it is estimated that approximately 0.4 acres of wetland buffer area would be disturbed by the proposed development activities associated with Lots 50 through 59. As proposed, approximately 0.74 acres of wetland buffer will be impacted or displaced by the development. This does not include buffers associated with Wetlands A and L which are proposed to be displaced." If approved, all mitigated or replaced wetlands will require a 100-foot buffer." There is currently no buffer provided along the easterly edge of Wetland E due to the location of Military Road South. The setback area for a minor stream includes all areas within 50 feet outward from the top of each bank. A SEPA Enyironmenral Checklist was submitted to the City on January 14, 1991. A MjdgAtgd Emmental Det;js atign gf Non--SiQniftcance (MDNS) (Exhibit F of the Sta Re.porr t r Iyleetiru of Juno _1, ,1992 fa theHearing Examine , dated May 22, 1992) states under the "Conclusions of Law" section on Page 4, Section 8: "Retain existing wetlands and drainage channels to recharge aquifers and contain storm water runoff (Policy N1---14, FWCP)." N 05l19/95 1U:53 FA.:f 206 828 2888 W&U PACIFIC Heritage Woods Wetland Mitigation plan Review Memo May 19, 1995 Page 3 The MOLTS goes on to state on page 6, Section 4b, that the minimum function and value replacement ratios outlined for each acre impacted are those thatAr_ti_Qp,�s enr w" ��rrrni F w7 Scrri4n.?;7_5 reVIIacemer t Zbt c.dity- zi. It also states that all nnitigatod wetlands will be required to provide a 100-foot buffer. A etiard Resy raS a Plan: HCajMgr, rc was prepared for £'arkla,)Ventures, Inc. by del Moral and Associates, dated April 27, 1994. W&H Pacific, Inc. submitted comments ou the plan to the City in a memo dated June 14, 1994. The memo states that the mitigation plan did not meet the requirements in the Federal Way City Cade (FWCC), Section 22-1358 or SEPA Conditions of the MDNS in the following ways: b the plan did not include a fixe-year monitoring plan; +� most impacted wetland functions were not mitigated for by the plan; and o the plan did not demonstrate in -kind replacement of wetlands. The memo recommended creating 0.8 acres of wetlands into one or two areas, possibly adjacent to the open water pond and its outflow channel, ins,ead of 0.94 .acres of wetlands in several small dispersed areas. This consolidation of created wetlands along the pond and outflow channel would result in a higher overall functional value. Revised Wetland Mitigation Flan Quesdons, Cowments, and Recommendations e- The n • : Red ti= W was prepared for Parkia entures, Inc. by del Moral aatd Associates, dated June 27, 1994. This report was reviewed to determine if the requirements for a wetland mitigation plan as stated in the FWZC, Section 22-135€ were satisfied. In addition, the plan was assessed to detemnine if the proposed actions would have a idgh probability of achieving the stated environmental goals and objectives. satisfying the suggested performance standards, and adequately compensating for proposed impacted wetlands. The following section provides a list of questions, comments, and recommendations regarding this plan. 1) The IEaa= (1VIHNS) requires minimum function and value replacement ratios which are consistent with current FWZC Section 22-1358 (u)(3) replacement ratio criteria, as stated. above. The FWZC describes minimum restoration, creation and enhancement ratios for various Impacted wetland areas. For forested wetlands with at least 20 pexcent of the surface area covered by woody vegetation greater dmn 20 feet in height, the replacement ratio shall be a minimum of 3.1. Wetlands A and L have forested and woody vegetation communities. J 004 0 05/19/95 10:54 FAX 206 828 2888 W&II PACIFIC 10005 Heritage Woods Wetland Mitigation Plan Review Memo May 19, 1995 Page 4 The "Introduction —Project Description" on Page 1 of the restoration plan prepared by del Moral and Associates states that David Evans & Associates prepared a report titled W t a d 12�tcrrninatao- Impaj:gAssoaluellL and ConWoodse Fedgpl Way Wa,4hiagL)ti CRevised), dated 1992, that "has been accepted by the City of Federal Way." Under "Replacement Ratios" on Page 7, the del Moral & Associates mitigation report states: "The DEA [David Evans and Associates, Inc.] report indicated that an appropriate ratio for replacements of vegetation impacted by storm drains in Wetland D and Wetland E was 2:1. This ratio was accepted." The report completed by the Office of the Hearing Examiner, as discussed under "Project File History" of this memo, states that for purposes of evaluating wetland conditions, the report prepared. by David Evans and Associates, Inc. titled Wedud Detemiinatinn. Impact Assessment; and Mitigation Plan, dated August 28,1990, was vested under codes and regulations adopted at that point in time, and is accurately and correctly prepared in accordance with FWZC, Section 80.145.2. The report contained in the W&H Pacific, Inc. project file prepared by David Evans and Associated, Inc. is titled Vuedanrl pet�,rrnination for thy Eme-rald Park Prop�a. F&deral Way. 1Yashi W_u, which is Alm dated August 28, 1990. This appears to be a different report that the above referenced "vested" report. No mention of a 2:1 mitigation ratio is included in this report in our file. Our project file does not contain any additional documentation claiming acceptance of the 1992 David Evans & Associates suggested 2:1 mitigation ratio by the City of Federal Way. Question: Was the ___land Determination. Mitigation for th Heritage Woods EW2=Fc_c mi wayWohingtin (Re�e�l, prepared by David Evans & Associates, Inc. and dated 1992, accepted by the City of Federal Way? Recommendation: Please provide documentation justifying application of a 2:1 wetland mitigation ratio for impacted wetlands. 2) The FWZC requires detailed construction plans for wetland mitigation plans. None were included in the mitigation plan prepared by del Moral and Associates. Recommendation Provide a detailed site grading plan, and a detailed site planting plan with a plant schedule. 3) Under "Mitigation Goals" on Page 3 in the del Moral and Associates report, it is stated that the existing 0.8 acre pond is not being treated as a wetland, and is part of a two -cell detention facility. The report prepared by the Office of the Hearing Examiner states on Page 15, Section 14: 05/19/95 10:55 FAR 206 828 2888 W&H PACIFIC Heritage Woods Wetland Mitigation Plan Review Memo May 19, 1995 Page 5 "Existing on -site surface water ponds shall be retained as part of the storm drainage system and shall be utilized as a one -cell wetpond for treatment of runoff prior to enterine the detention facilities or biofiltration swale. Discharge into the pond shall be oriented to maximize the retention and settlement times of water in the pond. The pond will be located in a surface water drainage tract to be dedicated to the City prior to final plat approval." The report also states on Page b, Section 15: "Replacement of natural areas with paved developed areas will contribute some pollutants to ground and surface waters. The applicant is proposing to mitigate the impact of these pollutants by installing oil/water separators in the on -site catch basins and/or by using grass -lined swales to transport run-off into on -site retention ponds." Comment: The Area 8 created wetland is hydrologically dependent upon direct surface hydrologic input from the existing open water pond. Given that the pond is proposed to be utilized as a cell in a storm water detention system, there is a high probability that the Area 8 created wetland can be adversely impacted by degraded water quality. A biofiltration swale is indicated on the site plan. 0 006 Recommendation: Address water quality issues associated with the storm water detention system and their potential adverse impact to associated created wetlands. Provide information on the proposed r biofiltration swale including swale size as related to anticipated stormwater input into created wetland j'e e r- r-4" . si ed Orr Z•ri areas. 4) For created wetlands to be successful, sufficient hydrologic conditions must exist for a sufficient period of time to support those conditions which define wetlands. No surface water or groundwater data was included in the del Moral and Associates report which can demonstrate that sufficient hydrologic conditions will exist under normal climatic conditions. Recommendation: Provide a water budget for each created wetland with surface and/or groundwater data demonstrating that the proposed wetlands will be inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances, will support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Also provide soils data for each wetland creation area and discuss how the anticipated hydrologic regime will respond in on -site soils. 5) Areas 2 and 3 are in areas of moderate steepness in topography. For created wetlands to maintain sufficient hydrologic conditions to support wetland conditions, and to decrease to potential for, erosion, they need to be relatively level. JI 05/19/95 10:56 FAX 206 828 2888 W&H PACIFIC Herirsge Woods Wetland Mitigation Plan Review Memo May 19, 1995 Page 6 Recommendation: All created wetland areas must not exceed a slope ratio of 201:1. Document created wetland slope conditions in the grading plan. 6) In the del Moral and Associates report, it is stated in reference to the Area 4 created wetland that "it does not require additional moisture to establish wetland hydrology." If this is the case, it is likely that the wetland is currently functioning as a wetland, and may be currently classified as a regulated wetland by the City of Federal Way. Reconmiendation: Evaluate Area 4 for the presence of wetlands and document existing conditions. If wetland conditions exist, provide an amendment to the wetland delineation report, 7) TheHiggW E-nvironnxmW Dotenination Qf. (MDNS) (Exhibit F of the&ff Renort for Meeting of AM 1, 2 fMthc Hearing Examiner, dated May 22,1992) states that "all mitigated wetlands will be required to provide a 100-foot buffer." Buffer areas were not included in the mitigation plan prepared by del Moral and Associates. Recommendation: Provide 100 foot setbacks on all created wetlands and show them on the site grading and planting plans. 8) It is stated in "Site Topography Before & After Construction" on Page 5 of the del Moral and Associates report that for Area A, "the main channel of Area A will be diverted into several braided channels to allow drainage water to spread out. Existing vegetation will not be disturbed. Comment: Demonstrate how existing vegetation will not be disturbed and ongoing erosion will be avoided by excavation of the proposed braided channels. Demonstrate how the spreading out of the stream channel will offer sufficient hydrologic support to create wetland conditions. 9) It states under "Proposed Restorarion" on Page 8 of the del Moral and Associates report that 125 soft rushes (.luncus effusus) will be planted in Area 8. Recommendation: Soft rash should not be included anywhcry in the planting plan. It is a native weedy species characteristic of disturbed areas that tends to form monocultures and inclined to outcompete other more desirable native species. Also, the native upland seed mix that we provided to the City in March could be applied to upland buffer areas. 10) Several grammar errors and incomplete sentences were noted in the del Moral and Associates report Recommendatlon: Carefully proofread the report prior to final submittal. fa 007 -0. 05/19/95 10:56 FAX 206 828 2888 W&.H PACIFIC Im 008 Heritage Woods Wetland Mitigation Plan Review Memo May 19, 1995 Page 7 11) Under "Mitigation Plan.. Schedule" on Page 13 of the del Moral and Associates report, it states that substitution of plant materials may be made if availability of specified plant materials is limited. Comment: All plant material substitutions must be approved by the City of Federal Way prior to on -site delivery and installation. 12) Under "Bonding Requirements" on Page 16 of the del Moral and Associates report, total estimated plant cost is $5565. Recommendation: Provide a current plant material and installation cost for the revised planting plan. The director of community development shall use this information to determine if the mitigation plan submitted by del Moral and Associates meets the criteria for mitigation plan requirements as specified in the FWZC, Section 22-1358. I would be happy to meet with the project proponent to assist in addressing the referenced comments and recommendations. If you have any questions, please call me at 828-2883. 042008011wp1i ERTVvT)s.mem n u May 19, 1995 Mr. Ron Garrow Department of Public Works City of Federal Way 33530 1st way South Federal Way, WA 98003 Re: Heritage Woods Clearing and Grading Permit Dear Ron: PARKLANE ParkLane Executive Center 31620-23rd Avenue South Federal Way, Washington 98003 Telephone: (206) 946-3652 Fax: (206) 946-3580 Due to the concerns for the steep slopes and sensitivities identified on lots 53 through 55, and the fact that Greg Lewins is no longer available to review our proposed grading of these lots in order to construct 25 Place South, we request that this area be excluded from our Clearing and Grading Permit at this time. The area proposed be excluded is outlined in red and includes all of 25th Place South and lots 46 through 49 and 50 through 55„X'C�T 7 �'�� Please review this exclusion and grant us a Permit for Clearing and Grading the balance of the site, as submitted. Sincerely, lk�%�ir�sz4s�� David Morrison We, are romrniltrd 10 gturlihj, value and sm4ce 1a &TW S r rrrr Veed rlrrarrr< nrrrl earers their apertatiuns. ' 10/15/97 18:30 GILES ENGINEERING 4 2066614129 N0.802 P001/004 Post -It® Fax Note 7671 Qam ,S 4 Pam■ To coArs X 4 . Wks, co. '(CS Phone t► Phone # 4- 3 5 412, �—N re -win- 6b - [Ti9 Fa:" ZS 442-5w To: Gary Barnett, City of Federal Way From: John Zipper Date: October 15, 1997 Subj: Heritage Woods Slope Grading Lots 52 through 58 Memorandum Giles Engineering Associates, Inc. 11807 North Creek Parkway South, Suite 102 Bothell, Washington 98011 (425) 482-2020, FAX(425)482-6300 Chris Behrens, an engineering geologist from our firm, visited the site today to evaluate soil conditions in test pits excavated in the 25" Place South embankment. A field report is enclosed, describing the conditions in detail_ The test pits encountered a significant quantity and depth of very loose, wet to saturated, potentially unstable fill within the embankment side slope on lots 53 and 54. We believe that the conditions encountered are different than those assumed by Golder Associates for their design of both the temporary and permanent regrading of the slope. It appears that a major portion of the side slope of the embankment may require additional buttressing with quarry spalls and/or additional drainage improvements in order to reduce the risk. of instability this winter. For the permanent regrading, it appears that a major portion of the slope is comprised of fill which is unsuitable for support of houses with the current conceptual grading design. It is our understanding that the current plan for temporary stabilization only involves quarry spall fill within the area of the failure on lot 54. Temporary stabilization appears necessary within a much broader area than presently planned. Additionally, we are concerned with the wet condition of the embankment fill considering that the drain was installed over two weeks ago. We recommend that the developer be requested to have Golder submit a detailed plan for temporary stabilization of the entire embankment, which considers the strength and fines content of the soils and the degree of saturation of the loose fill. 10/15/97 WED 18:26 [TX/RX NO 61521 10/15/97 1E:30 GILES ENGINEERING 4 2066614129 NO.B02 P002/004 MILES ENGINEERINGASSOCLATES, INC. -GEOTECENICAL, ENVIRONMENTAL AND CONSTRUCTION MATERIALS CONSULTANTS- 0 N8 W22350 ]OI INSON ROAD, SUITE Al / WAUKESHA, WI 53196 / (414) 544-01191 FAX: (414) 549,59168 0 4801 VOLES ROAD / MADISON. WI 53704 / (608) 938,9708 / FAX: (608) 83" 194 0 4975 EAST LA PALMA AVENUE, SUITE 607 / ANAHEIM. CA 92807 / (714) 799-0052 / FAX: (714)799-0068 0 8309 GUILFORD ROAD. SUITE Fl / COLUMBIA, MD 21046 / (410) 312-99501 FAX (410) 312-9955 0 10722 NORTH STEMMON3 FREEWAY / DALiAS. TX 752201(214) 352-5993 / FAX (214) 3311-3894 ■ 19019 36TH AVENUE WEST, SUITE 0 / LYNNWOOD, WA 98036 / (206) T71-5775 / FAX. (206) 771-5775 DAILY FIELD MONITORING REPORT CLIENT: C11� 4-1�r PROJECT: )4%VLl rAtrlt, W000510 T2A a m ge ?' OF o1r151Oti) l LOTS DATE: 0LT PROJECT NO.: 66-- 970702- S WEATHER: So,jnI y Aj &qs°p FIELD REP.: CrftUs 131El-f4.,r„/S A / olz 3 COMMENTS / RECOMMENDATIONS /I00 A rZ-eL1 ✓I<O Ow SlTIE , MlE r W 1 TW &'O1rOLrYL 4 SS OLI ATIC S R". ,T/rA .TomnJ-SorJ. 43MrRALrue& 6.XL*VAr1r-p FpU2 -SST %PITS ,4 FJcL fAA'1*&#gl-, TWO OA) C,21EST pF FALL. 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FILL ty%o% Trr r&)-4L_ oAj SLopc. 15 AL.i=I"OV GATO"l-1r-D , fltiQ 0L)d-(,JLr ")F-TT'rirL PIiE2, 00S STfL!'EPIC/L Srv-LTJOMS OF SLOPi£ 4;1" /Ko 5 T 4-116 LY CoNTi r1 vlr- To 1FA i L . c.o>v r" L.7 01t w 1 c.L Phoof0G 7-0 rJt,vlprc2Al2jf.y grLPA12 771fz.Srz &"175 To c.Ina14` iJlfr+nflCr►� U/►riJ ` S w PIE C,ynj lbrLPr3� Ram A �� rL2 f„�-7?fi1�12, AJO TC -TP--A, rw-.XL rvATico "fo TO 7 F (j�, f Ram V Inll� 0 1�AlJ� STOPPIED �CM/tt'TJOn! , 10/15/97 WED 18:26 [TX/RX NO 61521 10/15/97 1E:31 GILES ENGINEERING 4 2066614129 NO.E02 P004/004 10/15/97 WED 18:26 h [T%/R% NO 61521 Golder Associates In. 4104 -148th Avenue, N.E. Redmond, WA 98052 Telephone (425) 883-0777 Fax (425) 882-5498 October 9,1997 ParkLane Ventures, Inc. 31620 23rd Avenue South Suite #320 Federal Way, WA 98003 ATTENTION: Mr. David Morrison RE: WOODS TRACT H AND J OF Dear David: 9Golder SOS Our ref: 973-1122 The purpose of this letter is to discuss the use of quarry spall fill in place of the granular structural fill at the site of the mud/debris flow at Heritage Woods. The contractor has completed the installation of the French Drain on the slope and began preparations for placement of structural fill to re-establish the 2H:1V slope in the area of the slope failure. The recent wet weather has raised the moisture content in the sandy fill materials being; used to several percent over the optimum for compaction. Therefore, the contractor cannot achieve the specified compaction under these weather conditions. A frequently used option under these circumstances is to substitute the granular structural fill with quarry spalls. The WSDOT uses this method commonly on mud flows and slope failures along the highways. Several are currently being remediated this way. We feel the quarry spall fill alternative is suitable for application on this project. The quarry spalls should be placed on the slope to re-establish the 2H:1V grade in the area of the slope failure in accordance with the lirr-its as shown on the Jaeger Engineering plan for the granular structural fill. The quarry rock would most likely be placed on the slope by end - dumping from the top or alternatively it can be placed by a hoe from the bottom. The quarry rock should be no larger that about eight inches in diameter with a 4 to 8 inch size rock recommended. In our opinion, the quarry spall rock fill alternative is equivalent or better than the compacted structural fill slope currently planned and will enable the owner to complete the slope stabilization project without regard to the poor weather conditions. OFFICES IN AUSTRALIA, CANADA, GERMANY, HUNGARY, ITALY, SWEDEN, UNITED KINGDOM, UNITED STATES October 9,1997 2 973-1122 We trust this letter meets your needs. If you have any questions, please give us a call. Sincerely, GOLDER ASSOCIATES INC. Pames G. Johnson Associate Geologist cc: Gary Barnett, City of Federal Way Jim Pryal, City of Federal Way Jim Jaeger, Jaeger Engineers John Zipper, Giles Engineers JGJ/ta 1009jgjl.aoc Golder Associates e��i (206) -0 33530 1ST WAY SOUTH FEDERAL WAY, WA 9800003-6216210 August 19, 1997 Mr Stephen Casseaux Federal Way Hearing Examiner 902 South loth Street Tacoma, WA 98405 RE: Heritage Woods Preliminary Plat, Request for Preliminary Plat Approval Extension Dear Mr. Casseaux: In a letter dated July 10, 1997, Mr. David Morrison of Parklane Ventures has requested an extension to the Preliminary Plat of Heritage Woods. Acting as the Federal Way Hearing Examiner, you conditionally approved the Heritage Woods Preliminary Plat on June 16, 1992. A request for reconsideration was filed, and you issued a decision on the request for reconsideration on October 2, 1992. The City Council conditionally approved the Heritage Woods Preliminary Plat on October 20, 1992. On October 17, 1995 you approved a one year extension for submittal of a final plat. On August 6, 1996, Parklane Ventures submitted a final plat for Heritage Woods Division I comprising 45 of the total 111 lots. On February 18, 1997, the Federal Way City Council approved the Heritage Woods Division I final plat. Mr. Morrison representing Parklane Ventures has now requested an extension for the remainder of the Heritage Woods Preliminary Plat. The Federal Way City Council adopted subdivision code amendments on April 1, 1997, which extends the preliminary plat approval period from three to five years. The five year approval for preliminary plats applies retroactively to all active plats within the City of Federal Way. The City's subdivision code is based on a 1995 amendment to RCW 58.17.140 which allows for five year preliminary plat approval plus extensions. Federal Way City Code (FWCC) section 20-131(a - c) outlines the process and criteria for extension of a preliminary plat. In summary, Federal Way City Code Section 22-131 states preliminary plat approval shall expire five years from the date of City Council approval unless extended by the Hearing Examiner. Mr. Stephen Casseaux August 19, 1997 Page 2 Division I of the Heritage Woods Preliminary Plat has been recorded and conditions in the vicinity of the project have not changed significantly since 1992. Therefore, the Department of Community Development Services recommends approval of a one year extension to the Heritage Woods Preliminary Plat, to expire on October 20, 1998. Please provide "a written decision on the preliminary plat extension request. A copy of the July 10, 1997 extension request from Mr. Morrison and a copy of the revised FWCC section 20-131 is enclosed for your convenience. Please contact Jim Harris, Associate Planner at (253) 661-4019 if you have any questions. Sincerely, z4bit, 6w-" Gregory D. Moore, AICP Director of Community Development Services Director enc: Correspondence for David Morrison dated July 10, 1997 FWCC section 20-131 c: Jim Harris, Associate Planner Stephen Clifton, Public Works Development Services Manager ,Crary Barnett, Senior Development Engineer David Morrison, Parklane Ventures 31620 23rd Avenue South #320, Federal Way, WA 98003 June 7, 1996 SENT VIA FAX AND MAIL 2 PAGES Mr. Cary Roe Director of Public Works City of Federal Way 33530 1 st Way South Federal Way WA 98003 PARKLANE ParkLane Executive Center 31620-23rd Avenue South #320 Federal Way, Washington 98003 Telephone: (206) 946-3652 Fax: (206) 946-3580 RECEIVED J U N 12 1996 Re: Heritage Woods - Military Road Concrete Overlay Requirements F, � ' ,:ti , tt'T: PUBLIC WORM 1- 13-J1��1'iix7 .;�d"cr.i ��1�d I_7i�`4 Dear Cary: As discussed at our meeting yesterday, we have eliminated the need for the crossing over Military Road that we understood to be The City's rationale for requiring the asphaltic overlay over the existing 12 inches of concrete within the two lanes of Military Road. I researched the Public Records and could not find any discussion on the need to repair or rehabilitate existing Military Road. There was much analysis and discuss on the width and standards of improvements to be added to Military Road, but neither Staff, the Traffic Consultants nor the Hearing Examiner recommended the need to overlay Military Road. We believe a requirement to overlay Military Road is not a condition of Final Plat Approval as imposed by the Hearing Examiner, and that we have removed the need for the crossings over Military that caused your Staff to add this requirement when they reviewed our initial plans for Military. We request that you waive this very costly requirement so that neither we nor The City is required to overlay Military Road until the condition of Military Road warrants such an expensive repair. Sincerely, xc��k David Morrison cc Jim Jaeger David Erickson We are committed to qualify. mitre and ,e'r+ice to fulftil our custnu m* drz� ns and rrrev, their expatatip % 11 MEMEMEME. MEMEMEME =IME �U■■�UfO■l1,�■■�A!��4L�■ } TZ P t-V rC-L F- \,A 00TL> 5 D vV \s 1 O tA Z XMMUN( RE CEIVer)ELOPMENT BYE a1M@Vr ------------------------------------------- O-CT- 3 - 1998 Lot name: 24 North: 9187.4718 Line Course: S 01-03-43 W North: 9123.7327 Line Course: N 88-56-17 W North: 9123.7559 Curve Length: 1.75 Delta: 0-20-05 Chord: 1.75 Course In: S 88-56-17 E RP North: 9118.1959 End North: 9122.0035 Line Course: N 89-16-20 W North: 9123.3850 Line Course: N 01-03-43 E North: 9189.5036 Line Course: S 88-56-17 E North: 9187,4649 East: 19683.6300 Length: 63.75 East: 19682.4485 Length: 1.25 East: 19681.1987 Radius: 300.00 Tangent: 0.88 Course: S 00-53-40 W Course Out: N 89-16-22 W East: 19981.1472 East: 19681.1714 Length: 108.76 East: 19572.4201 Length: 66.13 East: 19573.6457 Length: 110.00 East: 19683.6269 Perimeter: 351.65 Area: 7,238 sq.ft. 0.17 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0075 Course: S 24-44-46 W Error North:-0.00685 East:-0.00316 Precision 1: 46,603.97 Lot name: 25 North: 9252.9606 Line Course: S 01-03-43 W North: 9187.4718 Line Course: N 88-56-17 W North: 9189.5105 Line Course: N 01-03-43 E North: 9254.9993 Line Course: S 88-56-17 E North: 9252.9606 East: 19684.8439 Length: 65.50 East: 19683.6300 Length: 110.00 East: 19573.6489 Length: 65.50 East: 19574.8628 Length: 110.00 East: 19684.8439 Perimeter: 351.01 Area: 7,205 sq.ft. 0.17 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1: 351,000,000.00 Lot name: 26 North: 9318.4494 East: 19686.0579 Line Course: S 01-03-43 W Length: 65.50 l-�V-1�-ITAG E WODDS p LV IS1 O ra 2- North: 9252.9606 East: 19684.8439 Line Course: N 88-56-17 W Length: 110.00 North: 9254.9993 East: 19574.8628 Line Course: N 01-03-43 E Length: 65.50 North: 9320.4861 East: 19576.0768 Line Course: S 88-56-17 E Length: 110.00 North: 9318.4494 East: 19686.0579 Perimeter: 351.01 Area: 7,205 sq.ft. 0.17 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1: 351,000,000.00 Lot name: 27 North: 9383.9381 East: 19687.2718 Line Course: S 01-03-43 W Length: 65.50 North: 9318.4493 East: 19686.0579 Line Course: N 88-56-17 W Length: 110.00 North: 9320.4880 East: 19576.0768 Line Course: N 01-03-43 E Length: 65.50 North: 9385.9768 East: 19577.2907 Line Course: S 88-56-17 E Length: 110.00 North: 9383.9381 East: 19687.2718 Perimeter: 351.01 Area: 7,205 sq.ft. 0.17 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1: 351,000,000.00 Lot name: 28 North: 9449.4269 East: 19688.4858 Line Course: S 01-03-43 W Length: 65.50 North: 9383.9381 East: 19687.2718 Line Course: N 88-56-17 W Length: 110.00 North: 9385.9768 East: 19577.2907 Line Course: N 01-03-43 E Length: 65.50 North: 9451.4656 East: 19578.5046 Line Course: S 88-56-17 E Length: 110.00 North: 9449.4269 East: 19688.4858 Perimeter: 351.01 Area: 7,205 sq.ft. 0.17 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1: 351,000,000.00 VA E-[Z ITXG F-- ;C--> k\j ks\ o t".. Lot name: 29 North: 9514.9156 Line Course: S 01-03-43 W North: 9449.4268 Line Course: N 88-56-17 W North: 9451.4655 Line Course: N 01-03-43 E North: 9516.9543 Line Course: S 88-56-17 E North: 9514.9156 East: 19689.6997 Length: 65.50 East: 19688.4858 Length: 110.00 East: 19578.5046 Length: 65.50 East: 19579.7186 Length: 110.00 East: 19689.6997 Perimeter: 351.01 Area: 7,205 sq.ft. 0.17 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1: 351,000,000.00 Lot name: 30 North: 9580.4044 Line Course: S 01-03-43 W North: 9514.9156 Line Course: N 88-56-17 W North: 9516.9543 Line Course: N 01-03-43 E North: 9582.4431 Line Course: S 88-56-17 E North: 9580.4044 East: 19690.9136 Length: 65.50 East: 19689.6997 Length: 110.00 East: 19579.7186 Length: 65.50 East: 19580.9325 Length: 110.00 East: 19690.9136 Perimeter: 351.01 Area: 7,205 sq.ft. 0.17 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1: 351,000,000.00 Lot name: 31 North: 9638.9656 Curve Length: 38.47 Delta: 7-22-38 Chord: 38.44 Course In: S 81-33-39 E RP North: 9595.1212 End North: 9600.6581 Line Course: S 01-03-43 W North: 9580.4016 Line Course: N 88-56-17 W North: 9582.4402 Line Course: N 01-03-43 E East: 19694.4725 Radius: 298.75 Tangent: 19.26 Course: S O4-45-02 W Course Out: N 88-56-17 W East: 19989.9877 East: 19691.2890 Length: 20.26 East: 19690.9135 Length: 110.00 East: 19580.9324 Length: 72.82 2- North: 9655.2477 East: 19582.2820 Line Course: S 81-36-36 E Length: 112.12 North: 9638.8883 East: 19693.2021 Line Course: N 86-39-23 E Length: 1.28 North: 9638.9629 East: 19694.4799 Perimeter: 354.94 Area: 7,264 sq.ft. 0.17 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0079 Course: S 70-18-23 E Error North:-0.00266 East: 0.00742 Precision 1: 45,046.68 0 ` STEWART TITUE COMPANY of Washington, Inc. p+ E.c•r4Ka• FILED FOR RECORD AT REOS:EST OF WHEN RECORDED RETURN TO s� Name S 'iraA3t1' TI11E CO. /41029515 :.: itM, Address 1201 THIRD AVE, SUITE 3800 St City. State. Zip SEATTLE, 4NTA 98101 THIS SPACE PROVIDED FOR RECORDER'S USE SidiiliCiy vnWarran4tj Fu!f.l!ment Deed THE GRANTOR FIM-EAL ,4AY SCHOOL DISTRICT No. 210, A MUNICIPAL CORPORATION for and in consideration of Imj DOLLr?RS _uW d141ER GOOD AND VALilAR1.F. CONSIDERATION in hand paid, conveys and warrants to PARKLANE VTZMJRES, INC. , A WASHINGTON CORPORATION I ,� ' the following described real estate. situated in the County of KING y ,State of Washington: SEE EXHIBIT "A" ATTAC.T= HERETO AND BY THIS REFERENiCE MADE A PART HEREOF- C SUBJECT TO ALL EASEMENTS, RESIRICTIONS, RESERVATIONS AND COVEIANTS OF RECORD I1. [I ? This deed is giv. in fulfillment of that certain reel estate contract between the parties hereto, dated June 30 ,19 93 ,and conditioned for the conveyance of the above described property, and the covenants of warranty herein contained shall not apply to any title, interest or encumbrance arising by, through or under the purchaser in said contrael, and shall not •y apply to any taxes, assessments or other charges levied, assessed or becoming due subs eQuent to the date of said contract. 1 i Real Estate Sales Tax was paid on this sale on G/30/93 Re. No. 930630I749 bSC15£ No. 1315659 FEDERAL Y SCHOOL DISM 210. m Dated � • 19�� A ;MEUNIIPA(�r Tham . Vander Ark ITS: Sup rintendent '• sT.TE or wacw,r,G.0N 1 Stf7! Or wA•.tu7fL'CN, t U,,.tr et.�� •• caD.ty at Kin 'u Il •y r_ n.r.Dv c•�nr. ar n..• r•��+I.ciarV r•.•p • 1n.r 1 [�•nly r..l l .nnw •. An. .. n•l.Klery wN..e. A1 i `\ Vander Ark.�>�,. I•r stiy�...t+a.r. .•' :� 'Y . In e•r.e^ttl .ha .OeWd Wtou m• .. and laid DM..elal .c —111aaed that I%a, �r 'r •. he 15 K t. t a.w ..—,ID.,,•.Nt . .«r.ed ha .. In,.enh a • a.UrY ti—d that .c.e e«Id•q•a t • fhn.na. wa. .a . •ei lo, tM u• t and the and A ~ te.vuin•wt Kanewl•A•W n .t the Do D.,., m•^b•n�en,. mq ,n Ur t��surr aat S' l -• \ a+ .uT .rid ter .�i wa' • •urea .i e..nsr..Cf +hR October 20, ;995 ar aria A. deMera �. Net.,•, h •l ..d ta, th• it Nailer Nan. t• and IV the sold ofWphuaNh r ",.d,.a at 9n n.�utne . I?r.11RIT'r "%" FARCCL A: THE EAST 412.50 FEET OF THE NORT11ZJ%5T QU,%RTFst OF TIIE SOUTHWEST QUARTr�7 OF SECTION 33, TOWNSHIP 22 NORTH, PANGE 4 EAST H.M., I17 KING COUNTY, WASHINGTON: E::CEPT THE SOUT11 15.00 FEET OF TIIE EAST 02..i FEC* THEREOF. PARCEL B: A PORTION OF T11E 11CRTITHE•ST QUARTER OF THE SOUTH !ST QUARTER. OF SCCTION 33, TOWNSHIP 22 NORTH, VANCE, 4 EAST W.M., IN KING COUIITY, WASHINGTON, MORE FULLY DEsCRIVED AS FOLLOWS: 3F_G:NpI17G AT THE NORTI;WEST CORNIER OF 51%ID 1105;rr"WEST QUARTER OF THE SOUT:jZ.'%ST QUARTER OF SECTION 33, SAIJ POI1:'P BEGINHIt1G FUi.T11T:R DESCRIL,E•D AS BEING THE CENTER OF SAID SECTION 33; THENCE SOUT11 38w23'32" EAST ALONG THE 1101-TH LYNE OF SAID SU11]IVI5I01, 1,102.95 MET TO THE' NORTI[WESTMRL'i rl1+.RG=u Of 1' MILITARY ROAD; THENCE ALONG SAID MARGIN THE FOLLOWING THREE COURSES AND DISTA14CZS : SOUT1T 35°23'03" WEST, 1,505.93 7EET; SOUTH cal lo'5G" EAST, 24.0.1 FEET; SOUTIT 3562310311 WEST, 78. 13 'eO THE SOUTH LINE or SAID 110RTTTFIES:' QUARTER OF THE SOUTTI1L1yT QUARTER dF SECTION 33, TITCNCE NORTH 813118' 5G" WEST, ALONG SAID SOTY$II LINE, 313.76 FEET TO T11E SOUTHWEST CORNER OF SAID NORTH5rIEST QUARTER OF THE SOUTHEAST OUARTCR; THENCE NORTH O1°O3'40" MAST, AL011G THE WEST LINE OF SAID SUI3DIVISIOkT, 1,316.36 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT TRAT PORTIOI.w OF THE SOUTTT G5.00 FELT OF 'TIIE NORTiIWEST QUARTER Of THE SOUTHEAST QUARTER OF SAID SECTION 33, LYING ,�, AEIAEEN OLD AND NEW MILITARY ROADS; An C A11D EXCEPT THAT PORTION THEREOF LYING WLT1191ST1IE11'EOLD D:ITELTT THE p� ROAD AS ESTABLIS14ED PRIOR TO JANUARY 14, C DEED COf:VEYIk1G KING COUNTY A RIGHT OF WAY FOR THE REVISION OF TA SAID ROAD; t"r EXCEPT T 10 FOOT STRIP OF LAND CONVEYED TO KING COUNTY BY DEED ;7 RrrnnnFT1 sit•:t7F.R RECORDING NO. 3035989, ADJACENT TO THE RIGHT OF WAY FQp O,.D MILITARY ROAD; 4 TOGETHER WITH THE SOUTH 15.00 FEET OF THE KAST B2.5 FEET OF THE NORTHEAST QUARTER OF THE SOU'3'll'.'1EST QUARTER OF SAID SECTION 33; Atf7 'POGLTIIER WITH THAT PORTION OF VACATED "OLD" MILITARY ItOAD, AT„O KNOWN AS J01I11 ICE COUNTY ROAD 110. 127 AND ALSO KNOWN AS 1101.51- ROAD, VACATED nY KING COUNTY ORDINANCE NO. 3055, RECORDED t;11t7i'.R Y.IIIG COUNTY RECORDIIIC N0. 77021405:5, MORE YATtTIGULARLY DF:CitIf:I;D AS FOLLOWS: ALL MIT PORTION OF "OLD" MILITARY ROAD, ALSO KNMN AS JOHN RICE CCx3N7PY ROAD NiO. 127, LYING-sOUPI IERLY OF THE NORTH LINE OF THE Ni0RITNEST QUAR?i:}: OF TFEF S(JUMIFAST QUARTER or SAID SECTION 33, LYING N.'ORTIF.RLY OF 1E SOUii-I 65 FEET OF SAID SUMMSION. t 20 26) all 209 1901213 tLu 424 Jnl 31 24- loan'!Iiaf m.nr.t d A-ntom 0 is^i n I no S ES-r,-Csce t 0 !L Z-Oee of f - _r to c,-.) 'n.9a allof the fle, 5cs re in as ',car-, t -wit r7 3 A -- E - o -0 I: J- U J. -,.I--c Cz-- Of 2 Bemis add to tic: e o s Twit:-, after wqd its and. all -rofits of sd re accruing after ar.v brimdnrl 1 -j-.,at s wi Un- int tho,-,- at Ti,; pa 111570 nel. rat-11ein month sp V pable monthl.-, ins 1570-- 81 kow Jul 33. 2,1 by Antonio Ricci and Josonhin., Ricci hw-f- be-.'i-' I'led Voney n-P f or V,n res at s(1�1; Sept 20 25) mil sp 612 3ra ave city J". 4 2,+Iz 2-59 901214 Jul 31 24 lor hiaf mo A - - - -P Le ^5 J3.1iL,C)fjJC) .2L.C.C.1 �AMW"/ t",- t c; Pesce and S Massa, co-partners as Pesch a of 8kc17 f a n. a V. r t o -,,p hea -ill of the fig; dew re in c6 kdw -t;o-wit-' -T -Got DJ blew� xmp-,,'�,son Rainier Street adLCI 'trie Ce r kvith after moqd- rts, also allrents, issWz�,q rand 3 ofits ofsd a00r,,;:1n,C after cmy, def -It hrund Mont-.11y in� iith Int at able top $aOb nevi VablxLn, tS U U Pa month v 6 Ins .,.,800 2 .11'r-t onio 'I'Licei sl Josephine? Ri3ci e- ry kow J� 1 31 0-4- bZ� .11%nt-nio Eicci anml Zooe-phine -H.Lac bef NoLl Roner np for Wn res ats(N`33ept 20 2.53) ral ap 612 3r,1 ave city + + 1 nA ts. ,e rL -011, ke e o ':she --,,-aci-sic one .,Iic PL c-1. e -raph Company L -i no co �-.mar- wires v-` to sp.. ,a e 11.1 ii t a e ac r cao t "r, -n -t 4- v R 1 T) kc Y; 3 f ,"t,.%7 0'31Z to t se, t -Pw 22 13out,l, 6+0 f t of, t"O. 0 1. o c b -,7 hone Com E,-atcs in an to j� ' C U f t t 1 rel..."' CT 1-; 1 1+3 W110 r:) t `;C rt of- -.x v7r.-, Inters---otz a0. �otI ti Zt ar,1.4C or,,j Ctic: e rection ; transm,10F:io-n. lr- or .`lines or mm, r. t n !!I U Cl zy P-1 .) c. t 1-1. c, o e r U:F-011 Or o,%,CT o.", v;aral-j.., U he lines F -ji4,jjin 1()o -t of t, jn" v AV Al z rf�t�. mt6a olo 27; 7'15-S -.-r lip, th- j .3kR rV np-4,j, !�Pn= e. Q, 4w nt.3, e&r Ufa if n y 'o u c7 0 r n tu p� 15-24 4-13 Mla 0-,f',)hYtF.,on, zpinp 'lo t 1v m Morel ond '. te -orcl, -Y v or f y t ht c-t r,,,Pr I-r, j t tj ,a& jj� ret Aug 1. -23 on pg 316 In voL 872 or w4s, xlL .,y Pv t 6r t i7t I n*e r.r. en L. lz� ;fiCr, 4w bite ixr,7re: pd lY. k en t ad �� r: r 1'or �.: arc Ct.i. : t:�� ma.i-L. �suLry� �' ��..1=_� _'r�i_l _t ... V� 1� �� .•!�, •. 9_. v,1lt 1.=•�i •,- ��. rt �.v, W.Ll Ld. 4/ �' t y ti°t:C r, t , 7 ., t 0 e: T lO i G. 3Ei L i t J. ^-, 1�?'2 ;' �' i v � C. (. �, t ! ',._,. � � .. � a. r -, '- Y, n r _t, i7. C'•_ rr7. r Q s rt '!_.. ;F.��':_CS u. EP (;01.> Of _ ec i r � f?'= u • , Z'Z E :31� t�l� .�iE� :�a , IIfl,].('3t, 7.'157•- Wo i mn.cc o coar=Y d 0 0, t l0�?t 3t:--nIs :,av;t'r:erne r+. at'F;;_2prne ao- Gc _. 7 °° ,v't ,c:,-ttl ore FIT.?-;• Tn-1--riOn np -'or V:n r c 0 t t'.1 s IYC rf :L114 26 24- L'll 1T44 VTJ 1 C; it ask �. + + + + Ease 1��01220 �• r,•� rn - - Jul i,•:• . ;l • 1 r . 1 i 't' v . E?7'; ii71�i. ZE�r ' �JCI t 'Toakam �':ij.; "0 F: s r•' r o ..,.r� {-�;:i.'`'iv :tiz�1G"?'hf:n^ ��zf; �cl]•nlz Oq:r;:n]�v a is �;.� ;;r, sa t c : ;:,ay, ; ��. t-- e rt to orac�: �Yi t.r- mcsi_tain � .1. polc;1 _ v'ri+:� U;.� �nc�,s r'; '.-F°Lres na. fi_zt,�re:3 t��on ar. �o keep �a fired fir^.a f0lia e hcrf?+ t ctr. puo ��l.g to ry ann r�nmerson t s wt in scc -: ci f of tjzc 'I ': o: sec !.-? tp 22 !R 4 Nast !: •,'�I. , � loc andstn -staked b.x the `'eloph.one Comr,-mv a.. ,erg ^ d ti—t t": n•h-n1 wi y, at an V neyessar , h C.caess tc sd rt�of ?:,ar vmd t',._c poles- and wires f ^e athonCCr ,.uTT20.'-Os o, , y'-t sd sp shall be raspcnoi blc for V.nY whi 31,14 ma,7 be dc.ie to tp-e pty abv des ar • c- 1'" ;�;, toi;s �.�lor_ 1 Ivit _I.. ^ me y Ann r s on Owner T RYa akam .nor :, gage O cra Jul 3 34- bo17 is rti Ann ,mer son an 87-1-nnyside ►MITI, v,,.Omen and '1 RYoakam bef (i;S Aup, 26 24) will E'r;ard Tec'. or, n; o,• Gi,� r©; : v 11-0 1 1901221 !, :117no & nl':%9rt Yaci:f'ic `icloplionc, and relegrar11 rn,lp y rp A•*•tt• tc, =e �. rt �f ay tiri*I:. ti:c rt to eroot and maintain ptiye. tile �:ec�;;., ar :1i:we3 ' :Cl.t•?r^s t,OTI r+rcl to rtQE p sa froc from �:olla. -G acros:3 t etT3 rty belg to Sp a.,jd sit in AcN (If rTrs'1, Sr JJi �rLd- . An 1()Wet;nd r_c1 s va�:oc� by +ul:c 'i'c�lei�Y.on0 00mpany It is understood tlla G vy.c G:rtplq?:00 df 5-1 s;? ftball,at any n& A-.l:en r_vc3.. , by ac,: OtID tc• od rt of vay and t i7e pales �Lnd �7ires 4 =�:�a:��r �' than, f.r •pur':OCC : of re 7_r"�, atc pvd alwagrs that ed Bp sI2s.11 bo rG„I's�',a ib� o a cx �n ,, a- � ,:=^ �'�1, -"o•;7 Asa mmoccsoarily donc to tho r't y airy a o s ], , i r t ��'� Ci t f!'1a1'� l ti�Lt r n E, Yl Co1.ii i'a.1.r2 %,1.t' o, f Vr.'1?c011v.•r 't�l. ?�. iv Albert~ :� i .0 ' 1>M� EASEMENT For and in consideration of One Dollar f51.001 and other valuable consideration, the receipt of which is hereby acknowledged. R.iMAAJ D. %XG AS [also known. as Rick An,gave]_and _V.AV.ARIE ANf,'O�T- p h tsha�d azid wife tCV !"Grantor- hereinl. hereby grants, conveys and warrants to PUGF_T SOUND POWER & LIGHT COMPANY. a W-1shington corporation ("Grantee" herein). for the purposes hereinafter set forth. a perP�etuul easement over. � across and under t:ie following described real orouerly fthe "Property" here:.^.? In [Cinr{ County. Washington - That portion of the Southwest 1/4 of the Northeast 1;4 of Section 33, Township 22 North, In Range 4 'vast, li.M., described as follows: Beginning at the southwest corner of said subdivision; thence N 52°16'20" E 773.45 feet; thence S 60°00'00" E 654.03 feet; thence S 42'58'00" IV 204.87 feet to the south line of said subdivision; thence on said south line N 89'41'25" li 1012.00 feet to the point of beginning. Except as may be otnerw•ise set forth herein Grantee's rights shall be exercised upon that portion of the Property (the "Right -of -Way" herein) described as follows: A Right -of -Way 5 feet in width htrd�lL:.:e.s:_.s:_=:xz:_.___iaetef=tzucltWidtlsate =raebside=eL-aceaterl:ise described as follows: As now staked or constructed over, across and upon the southeasterly 150 feet of the above described Property, together with the right to extend to serve other property. ..r / l.._Ptrpose. Grantee shall h 'e the right to construct, operate. maintain. repair, replace and enlarge one or more electric transmission and/or distribution lines over and/or under the Right -of -Way together with all necessary or convenient appurtenances thereto, which mayincludebut are not limited to the following: a. Overhead fac111tles. Poles and'or towers with crossarms, braces. guys and anchors: electric transmission and distribution lines; communication and signal lines; transformers. b. Underground facilities. Underground conduits, cables, vaults, manholes, switches and trans- !ormers: semi -buried or ground mounted facilties such as pads, transformers and sw. rAes. ?:::lowing he initial construction of its facilities. Grantee may from time to time construct such add.- ::cna' ".nes and other facilities as it may require. Access. Grantee shall have the right of access to the Right -or -Way over and across the Property to enahle lira^tee to exercise its rights hereunder. provided, that Grantee shall compensate Grantor for any damage to the Property caused by the exercise of said right of access. ;. Cutting of Trees. Grantee shall have the right to cut or trim any and all brush or trees standing or growing upon [he Right-of-Way. and also therightto cut or trim any trees upon the Property which, in falling. could. in Grantee's reasonable judgment, be a hazard to Grantee's facilities. 4. Grantor's Use of Right -of -Way. Grantor reserves the right to use the Right -of -Way for any purpose not inconsistent with the rights herein granted, provided, that Grantor shall not co.1•:ruct or maintain any building or other structure on he Right -of -Way and Grantor shall do no blasting within 300 feet or Grantee's facilities without Grantee's prior written consent. 5. Indemnity. By accepting and recording this easement. Grantee agrees to Indemnify and hold harmless Grantor from any and all claims for damages suffered by any person which may be caused by Grantee's exercise of the rights herein granted, provided, that Grantee shall not be responsible to Grantor for any damages resulting from injuries to any person caused by acts or omissions of Grantor. 6. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Right-c!-Way for a period of five (5) successive years, in which event this easement shall terminate and all rights hereunder shall revert to Grantor. provided, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to Initially install Its facilities on the Right -of -Way within any period of time from the date hereof. t/ A'S CD (`J Ln CV C7 U-) fl- 7 7. Successors and Assigr• The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this / �� day of 191r.— GRANTOR n STATE OF WASHINGTON I SS COON-rY OF I� On this day personally appeared before me iC j ti 6,o n o %g1A/Ljc Ati661/1 to me known to be the individual S described in and% to executed the within and foregoing instrument, and acknowledged that hsigned the same as 4 e, t r- free and voluntary act and deed for the uses end purposes therein mentioned. GIVEN under my hand and official seal this 4 ZL day of 19� '• r �• CwCI�.LCJ Notary Public in tAd for the State of Washington, • — residing at STATE Or WASHINGTON + SS COUNTY OF.. ti On this day of 19.. before me, the undersigned, personally appeased and to -ne known to be the and _• respectively, of the corporation that exeruted he for instrument. and acknowledged the said instrument to be the free and voluntary act and deed of N s?'d corporation, for the uses and purposes therein mentioned• and on oath stated that _ ...^r!zed to execute the said instrument Atd that the seal affixed is the corporate seal of said corporation. �? Witness my hand and official seal hereto affixed the day and year first above written. 0 C Notary Public in and for the State of Washington, o residing at ro —I vt F-` 0 ri r atndaa o it cn w 1 2 3 i 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 11/29/76 jb Introducef, by Y j. QWE ORDINANCE NO. 3055 AN ORDM%NCE relating to the vacation of a portion of 013 Military Road, aka. John Rice Road and Holet Road - V-1484 ietit!=er: Federal Way School Dist. No. 210 and :there. STATEfETT OF FACTS 1. A petition has been filed requesting vacation of a portion of Old Military Road, aka John Rice Road and Holst Road, hereinafter described. 2. ?be Division of Building ai.d Land Deve!ipment has studied the subject proposed vacation and finds that it would not be in conflict with the prin- ciples and purposes of thk. King County Comprehensive Plan and the specific plans in the vicinity of this proposed vacation._ 3. The Department of Puiblic Works has investigated proposed vacation and B have contacted the several utilities serving the area and were advised that Easements are not required. An easement has been secured by Water District No. 75. 4. The John Rice County Road No. 127 was established on June 24, 1884, 1. as a public highway and is described in Volume 5 of the Road Index, pages 88 t - through 91. Fr. 5. King County erected a barricade at each end of the described area �= approximately five years ago and stopped maintaining the road at that time. This barricaded portion lies entirely within the boumdariea of land already owned by the School District. ?j i 7 6. Federal w y School District No. 210 is deeding to King County a portion of 4th Avenue South in exchange for the vacation of a portion of Y Old Military Road. 7. The subject right-of-way is considered useless as part of the County Road system and it is believed the public would be benefited by she vacation of a portion of Old Military Road. Due Notice was given in the manner provided by law and a hearing was held by the King County Council on the a �� day of 1977. BE IT ORDAINED BY THE C-IJNCIL OF THE COUNTY OF KING: SECTION 1. The Council on the .2-//X day of 197^„ hereby vacates and abandons the portion of O:d Military Road, a -o'tn Rice Fig I� II 33 AiI'71 - Page 1 of 2 RECORDED KC RECOP.05 s 1 2 3 4 if ) 5 N ,n c O 7 N O 8 9 to 11 12 13 14 15 16 17 1 19 20 21 22 73 24 25 26 L/ 28 29 30 31 32 33 f S - L 3055 Read arc! Holat Road, described as follows: All that portion of Old Military Road also known as John Rice County Read No. 126 lying Southerly of the North line of the N.W. } of the S.E.k of Section 33, Township 22 North, Range 4 East, W.M., and lying Northerly of the South 65 feet of said subdivision. INTRODUCED AND READ for the first time this /, day of 1976. PASSED on this day of 197; KING COUNTY COUNCIL KING COUNTY, WASHINGTON OV....... T... CJ Chairmaa Depdt k;of-F.CowaRl .� t APPROVED this _2 day o 1977. -t.tU for Record at Request o. OHN D. S LMAN, 1Ci C ty Ety Executive Page 2 of 2 !�`fJllti d�J! �Q O i EASEMENT FOR UNDERGROUND ELECTRIC SYSTEM sc i For and in consideration of one Collar (St.C4} and other valuable consideration, ire receipt of which Is hereby psi acxnawledged, PARKLANE VENTURES. INC., a Washington Coporatlon ('Grantor' herein) grants, i --- conveys and warrants to PUGET SOUND POWER fs LI0HT COMPANY. a Washington Corporatian ("Grentea :2 herein), for the purposes herelnafter set forth, a perpetual easement under, across and over the following described real prop", (the "Property" herein) in KING';OUNTY, Washington: ±i 4 n SEE ATTACHED EXHIBIT "A" Except as may be otherwise set forth heroin Grantee's rights shall be exercised upon that portion of the Property (the "Right -of -Way' he(ain] described as follows: A Right -of -Way 10 feet In width having 5 feet of such width on each side of a centerline described as follows: + THE CENTERLINE OF GRANTEE'S FACILITIES AS CONSTRUCTED OR TO BE CONSTRUCTED, .� EXTENDED OR RELOCATED, LYING WITHIN THE ABOVE DESCRIBED PROPERTY. 1. purpose. Grantee shall have the right to construct, operate, me underground electric transmission and/or distribution system upon and L necessary or convenient appurtenances therefore, which may include underground conduits, cables. communication lines: vaults, manholes, swii or ground mounted facilities. Following the Initial construction of its to construct such additional facilities as it may require. 2. Access. Grantee shall have the right of access to the Right -of -Way Grantee to exercise its rights hereunder, provided, that Grantee shall con Property caused by I'- exercise t,, said right of access. enlarge an her with all b following: semi -buried me to time ty to enable mage to the 3, Obstructions: Landscaping. Grantee may from time to time remove trees, bushes, or other obstructions within tha Right-ef-Way and may level and grade the Right -of -Way to the extent reasonably necessary to carry out the purposes set forth in paragraph I hereof, provided, that following any such work, Grantee shall, to the extent reasonably practicable, restore the Right4-Way to the condition it was immediately prior to such work. Following the installation of Grantee's underground !acilities. Grantor may undertake any ordinary improvements to the landscaping of the Right -of -Way, provided that no trees or other plants shall be placed thereon, which would be unreasonably expensive or impractical fflr Grantee to remove and restore. 4. Grantoes Use of Right -of -Way. Grantor reserves the right to use the Right -of -Way for any purpose not inconsistent with the rights herein granted, provided: that Grantor shell not construct or maintain any building or other structure on the Right -of -Way, which would interfere with the exercise of the rights herein granted. that no digging, tunneling or other form of construction activity shall be done on the Property, which would disturb the compaction or unearth Grantee's facilities on the Right-ef•Way, or endanger the lateral support to said facilities: and that no blasting shall be done within 15 feet of the Right -of -Way. S. Indemnity. By accepting and recording this easement, Grantee agrees to indemnity and hold harmless Grantor Irom any and all claims for injuries and/or damages suffered by any person, which may be caused by the Grantee's exercise of the rights herein granted, provided that Grantee shall not be responsible to Grantor for any injuries endlor damages to any person caused by acts or omissions of Grantor. a. Abandonment. The rights herein granted shall continue untll such time as Grantee ceasoa to use the Rlght•of- Way for a period of five (5) successive years, In which event this saaement shall terminate and all right* hereunder shalt revert to Grantor, provided that no abandonment shall be deemed to have occurred by reason of Cmnha's failure to initially install its facilities on the Right -of -Wily within any period of alms from the date hwwf. 7. Successors and Assigns. The rights and obligations of the parties shall Inure to the benefit of and be binding upon their respective successors and assigns. EXCISE TAX NOT REQUIRED 7aa.37 1.79 Co. Records Division KJ.A000I=03735 . Jos 274.129, 131, 132 r DATED this —ql day ofC 19 g6 GRANTOR: PARKLANE VENTURES, INC., a Washington corporation BY: Ad" . PA4rCGo�•f ✓f�✓/dtt�/�• Ga O o BY. 0 STATE OF WASHINGTON ) SS COUNTY OF ) On this day personally appeared before me and to me known to be the and . respectively, of PARKLANE VENTURES, INC., a Washington Corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they authorized to execute the said instrument and that the seat affixed Is the corporate seal of sold corporation. IZ GIVEN under my hand and official seal this —� day of Ora, 19�• 1 /ry /1 Notato Public in and for the State of Washington, Illl Residing at � My commission expires �rrrescs33' STATE OF WASHINGTON ) ) SS COUNTY OF ) On this day personally appeared befcre me and to me known to be the and . respectively, of PARKLANE VENTURES, INC., a Washington corporation, the corporation that exec ew the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. GIVEN under my hand and official seal this day of 19 Print Name Notary Public In and for the State of Weshington. Residing at My commission expires i EXHIBIT "Ala PARCEL "A" THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 FAST, W.M., IN KING COUNTY WASHINGTON. MORE PARTICULARLY DESCRIBED AS FOLLOWS: - BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, SAID POINT OF BEGINNING BEING FURTHER DESCRIBED AS BEING THE CENTER OF SAID SECTION 33: THENCE. S 88°23'32" EAST ALONG THE NORTH LINE OF SAID SUBDIVISION 1182.95 FEET TO THE NORTHWESTERLY MARGIN OF THE "NEW' MILITARY ROAD AS ESTABLISHED BY DEED RECORDED MARCH 15, 1939, UNDER KING COUNTY RECORDING NUMBER 3035989; THENCE ALONG THE SAID MARGIN THE FOLLOWING THREE COURSES AND DISTANCES: S 35'23'03" WEST 1505.93 FEET; S 88:18-58" EAST 24.04 FEET; S 3523703" WEST 78.13 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33; THENCE N 88°18'W WEST ALONG SAID SOUTH LINE 313.76 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE N 01 °03`40" EAST ALONG THE WEST LINE OF SAID SUBDIVISION 1318.36 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION OF THE SOUTH 65.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 33, LYING BETWEEN THE "OLD" AND "NEW" m MILITARY ROADS; O AND EXCEPT THAT PORTION THEREOF LYitiG WITHIN THE "OLD" MILITARY ROAD. AS ESTABLISHED PRIOR TO JANUARY 14, 1939, THE DATE OF THE DEED CONVEYING KING I ® COUNTY A RIGHT OF WAY FOR THE REVISION OF SAID ROAD; LlXCEPT A 10 FOOT STRIP OF L tND CONVEYED TO -KING COUNTY BY DEED RECORDED UNDER RECORDING NO, 3035989, ADJACENT TO THE TIGHT OF WAY FOR "OLD" MILITARY } ROAD; TOGETHER WITH THE SOUTH 15 FEET OF THE EAST 82.5 FEET OF THE NORTHEAST z QUARTER OF THE SOUTHWEST QUARTER OF -SECTION 33; ARID TOGETHER WITH THAT PORTION OF VACATED "OLD" MILITARY ROAD] ALSO KNOWN AS JOHN RIGS COUNTY ROAD NO. 127 AND ALSO KNOWN AS HOLST ROAD; VACATED BY KING COUNTY ORDINANCE NUMBER 3055 RECORDED UNDER KING COUNTY RECORDING NUMBER 7702140525, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF "OLD" MILITARY ROAD, ALSO KNOWN AS JOHN RICE COUNTY ROAD NO, 127, LYING SOUTHERLY OF THE NORTH. LINE OF THE NORTHWEST QUARTER OF THE i SOUTHEAST QUAR71 ER OF SAID SECTION 33 LYING NORTHERLY OF THE SOUTH 85 FEET OF SAID SUBDIVISION. PARCEL"B" THE EAST 412.50 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33. TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, EXCEPT THE SOUTH 15.00 FEET OF THE EAST 82.5 FEET THEREOF. gt:jwo=_, PARCEL "C" THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33. TgYVNSHIP 22 NORTH, RANGE 4 FAST, W.M., IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: 3EGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE N 52°16'20" EAST 773.45 FEET: THENCE S 50°00'00" 654.03 FEET; THENCE S 42'58'00" WEST 204.87 FEET TC THE SOUTH LINE OF SAID SUBDIVISION; THENCE OF SAID SOUTH LINEN 89°4175" WEST 1042.00 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHEAST -QUARTER; THENCE ': 52' a 20" EAST 773.45 FEET; THENCE S 60400" 654.03 FEET; THENCE S 42°58'00" WEST 134.87 FEET TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING S 42°58'00" WEST A DISTANCE OF 70 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE ALONG SAID SOUTH LINE N 89°41'25" WEST A DISTANCE OF 350 FEET; THENCE N 42°58'00" EAST A DISTANCE OF 240 FEET; THENCE SOUTHEASTERLY TO THE TRUE POINT OF BEGINNING. ALSO KNOWN AS A PORTION OF LOT 6 REDONDO HEIGHTS UNRECORDED. nl Q� O C� PAR' EL O CTHAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY WASHINGTON, DESCRIBED g) AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE N 89°41'25" WEST ALONG THE SOUTH LINE THEREOF 201.34 FEET; THENCE N 42°58'00" EAST 294.20 FEET; THENCE S ^3°08'21" H4ST ALONG FAST LINE OF SAID SUBDIVISION 216.68 FEET TO THE POINT OF BEGINNING; REDONDO HEIGHTS UNRECORDED LOT 5A; TOGETHER WITH ALL APPURTENANCES, HEREDITAMENTS, AND TENEMENTS, ALSO KNOW AS LOT 5A; LESS COUNTY ROAD OF REDONDO HEIGHTS UNRECORDED. PARCEL"E" THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE N 53°34'04" EAST 773.45 FEET; THENCE S 5864716" EAST 654,03 FEET: THENCE S 44015*44" WEST 134.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S 44°15'44" WEST A DISTANCE OF 72.88 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE ALONG SAID SOUTH LINE N 88°23'41" WEST A DISTANCE OF 350 FEET; THENCE N 44'15'"" EAST A DISTANCE OF 240 FEET; THENCE SOUTHEASTERLY TO THE TRUE POINT OF BEGINNING, ALSO KNOWN AS A PORTION OF LOT 6, REDONDO HEIGHTS UNRECORDED. y'_rA EASEMENT For and in consideration of One Dollar ($1.00) and other valuable consideration, th- receipt of which Is hereby acknowledged, PARKLANE VENTURES, iNC., a Washington Corporation ['Grantor' herein) grants, conveys and warrants to WASHINGTON NATUPAL GAS COMPANY, US WEST TELEPHONE OVAPANY, and TCI TELEVISION CABLE COMPANY (-Grantee' herein), for the purposes hereinafter set forth. a perpetual easement and , across and over the following described real property (the "Property" herein) In KING COUNTY, Washington: SEE ATTACHED EXHIBIT "A" Grantee's rights shall be exercised upon that portion of the above described property described as follows: A Right -of -Way 10 feet in width having 5 feet of such width on each side of a centerline described as follows: THE CENTERLINE OF GRANTEE'S FACILITIES AS CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED OR RELOCATED, LYING WITHIN THE ABOVE DESCRIBED PROPERTY. n 0 DATED this day of �C 0 CD M GRANTOR: PARKLANE VENTURES, INC., a Washington corporation BY: xwA v,� BY: EXCISE'l w; NOT REQUIRED King Co. Records DMsion STATE OF WASHINGTON ) — ay SS COUNTY OF ) On this day personally appeared before me &429r and to me known to he the and . respectively, of PARKLANE VENTURES, INC., a Washington corporation, the corporation that executed the foregoing instrument, and acknowledged the said Instrument to be the free and voluntary act and deed of said corporation, ter the uses and purposes therein mentioned, and on oath stated that they authorized to execute the said Instrument and that the seal affixed is the corporate seal of said corporation, GIVEN under my hand and official seal this 131 day of 12 . +4 f• p'^•ti TiC,�'. Pint Name f� NOTARY —f— lAUILIO yjt `l7i� �RWA . Notary Public In and for the State of Washington, Residing at My commission expires 7f f 8 I EXHIBIT IINI PARCEL "A" THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, 70WNSHIP 22 NORTH, RANGE 4 iAST, W.M., IN KING COUNTY WASHINGTON, MORE FARY;CULARLY DESCF?IBED AS FOLLOWS: - BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, SAID POINT OF BEGINNING BEING FURTHER DESCRIBED AS BEING THE CENTER OF SAID SECTION 33. TH=NCE S 88°23'32" EAST ALONG THE NORTH LINE OF SAID SUBDIVISION 1182.95 FEET TO THE NORTHWESTERLY MARGIN OF THE 'NEW" MILITARY ROAD AS ESTABLISHED BY DEED RECORDED MARCH 15, 1939, UNDER KING COUNTY RECORDING NUMBER 3035989. THENCE ALONG THE SAID MARGIN THE FOLLOWING THREE COURSES AND DISTANCES: S 35°23'03" WEST 1505.93 FEET; S 88'18'56" EAST 24.04 FEET; S 35°23'03" WEST 78.13 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTE 0 OF SECTION 33; THENCE N 88°18'56" WEST ALONG SAID SOUTH LINE 313.75 FEET TO THE SOUTHWEST 0� CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE N 01°03'40" EAST ALONG THE WEST LINE OF SAID SUBDIVISION 1316.36 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION OF THE SOUTH 65.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 33, LYING BETWEEN THE "OLD" AND "NEW MILITARY ROADS; C AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE "OLD" MILITARY ROAD, AS C4 ESTABLISHED PRIOR TO JANUARY 14, 1939, THE DATE OF THE DEED CONVEYING KING C) COUNTY A RIGHT OF WAY FOR THE REVISION OF SAID ROAD; EXCEPT A 10 FOOT STRIP OF LAND CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 3035989, ADJACENT TO THE TIGHT OF WAY FOR "OLD" MILITARY ROAD; TOGETHER VATH THE bOUTH 15 FEET OF THE EAST 82.5 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33; AND TOGETHER WI'(H THAT PORTION OF VACATED "OLD" MILITARY ROAD ALSO KNOWN AS JOHN ZiCE COUNTY ROAD NO. 127 AND ALSO KNOWN AS HOLST ROAD; VACATED BY KING COUNTY ORDINANCE NUMBER 3055 RECORDED UNDER KING COUNTY RECORDING NUMBER 7702140525, MORE PARTICULARLY RESCRIBED AS FOLLOWS: ALL THAT PORTION OF "OLD" MILITARY ROAD, ALSO KNOWN AS JOHN RICE COUNTY ROAD NO. 127, LYING SOUTHERLY OF THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 33 LYING NORTHERLY OF THE SOUTH 65 FEET OF SAID SUBDIVISION. PARCEL „8„ THE EAST 412.50 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33. TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY. WASHINGTON; EY.CEPT THE SOUTH 15,00 FEET OF THE FAST 82.5 FEET THEREOF. C� 0) C•i O G�2 O O to (7) PARCEL"C" THAT PORTION OF THE SOUTHWEST QI.. �RTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST. W.M., IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE N 52°16'20" EAST 773.45 FEET; THENCE S 60"00'00" 654.03 FEET; THENCE S 42°56'00" WEST 204,87 FEET TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE OF SAID SOUTH LINE N 89`41'25" WEST 1042.00 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE N 52°16'20" EAST 773.45 FEET; THENCE S 60°0900" 654.03 FEET; THENCE S 42'58'00" WEST 134.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S 42°58'00" WEST A DISTANCE OF 70 FEET'i O THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE ALONG SAID SOUTH LINE N 89"41'25" WEST A DISTANCE OF 350 FEET; THENCE N 42°58'00" EAST A DISTANCE OF 240 FEET; THENCE SOUTHEASTERLY TO THE TRUE POINT OF BEGINNING. ALSO KNOWN AS A PORTION OF LOT 6 REDONDO HEIGHTS UNRECORDED. PARCEL. "D" THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE N 69041'25" WEST ALONG THE SOUTH LINE THEREOF 201.34 FEET; THENCE N 42°58'00" EAST 294.20 FEET; THENCE S 00008'21" EAST ALONG EAST LINE OF SAID SUBDIVISION 216.68 FEET TO THE POINT OF BEGINNING, REDONDO HEIGHTS UNRECORDED LOT 5A; TOGETHER WITH ALL APPURTENANCES, HEREDITAMENTS, AND TENEMENTS, ALSO KNOW AS LOT 5A; LESS COUNTY ROAD OF REDONDO HEIGHTS UNRECORDED. PARCEL"E" THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE N 53°3404" EAST 773.45 FEET; THENCE S 58°42'16" EAST 654.03 FEET; THENCE S 44'15'44" WEST 134.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S. 44°1644" WEST A DISTANCE OF 72.68 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER; i HENCE ALONG SAID SOUTH LINE N 8802341" WEST A DISTANCE OF 350 FEET; THENCE N 4411644" EAST A DISTANCE OF 240 FEET; THENCE SOUTHEASTERLY TO THE TRUE POINT OF BEGINNING, ALSO KNOWN AS A PORTION OF LOT 6, REDONDO HEIGHTS UNRECORDED, H I THIS AGREEMENT, entered into in duplicate between FEDERAL WAY WATER AND SEWER, King County, a municipal corporation of -the State• of 7,1achington, hereinafter referred to as the "District" and PARKLANE VENTURES LTD., 31620 23rd Avenue South, Federal Way, WA 98003, hereinafter referred to as "Developer". WITNESSETH: WHEREAS, the District operates and maintains sanitary sewer and water distribution systems within its boundaries which can serve property of Developer, and C {) Cam: WHEREAS, Developer desires to construct certain sewer and O C':D water mains and appurtenances at its own cost to serve Developer's CV property, for delivery to and operation by the District, NOW, THEREFORE, IT IS HEREBY AGREED that: 1. The land for which domestic sewer and water service is requested and to which this Agreement applies, is realty in King County, Washington, legally described in Exhibit "A`, attached hereto and by this reference incorporated herein. By executing this Agreement, Developer represents and warrants that it is the owner of record of the above -described property. If such representation of ownership is invalid, this _Agreement shall be void. Developer agrees that tho District may require Developer to furnish a title report for the property at Developer's expense. _ 2. At the time the Developer executes and delivers this signed Agreement to the ❑istrict, the Developer shall pay all associated charges as Set forth in Resolution No. 91-591. or any subsequent amendment thereto, which charges are more specifically described as follows: WATER SEWER _ Section B - AJ-2: Developer Extension Charge - deposit against the District's administrative, inspection, engineering, legal and other costs, including the cost of main cleaning prior to accept- ance, associated with the extension of water facilities. $ 3-,578. .0 S13 �170.00 f (See subsections a & b below.) Page. 1 s, ID WATER SEVIER = Section C - AJ-3: Latecomers Admini- strative Pee to cover the District administrative cost for Latecomer pay- S 240.00 back associated cost. S N/A _ Secticn E: Right-of-way ,-onstruc-lion to cover District's cost associated in the Right-of-way Construction Permit for city, county, and/or state permit. S 370.00 S 370.00 Total: S-3-2�5—M $11 080.00 -i a. These amounts shall be paid to the District, prior to the '= Ws: District's execution of the agreement, as a deposit against Y. actual expenses, including all bacteriological testing and sampling. ,The District shall determine, on a monthly basis, its actual costs associated with the project and shall submit to Developer, if and at such time as its expenses exceed the r deposit herein, a monthly invoice of such additional amounts as are due to repay the District for actual costs in excess of the amount previously collected. Payment shall be made within thirty days of the date of the invo3.ce. In the event that the deposit exceeds the District's actual expenses, the District -= C') shall issue to the Developer, at project closing, a refund of CV WC such unused amounts. M f O b. The Developer Extension Charge deposit includes the eroense of CV the District's review of preliminary plans, which review shall c� not in any way be deemed an approval of plans for construction rJ purposes. 3. In the event this Agreement is not executed and returned, { i along with the above -referenced charges, within six months from the date of transmittal of same to the Developer, which date of "a• ' transmittal is 7-24-92 , the Agreement shall be void and a new Developer Extension Application, along with ; i application fee, will be required. s I 4. In the event work -and construction described herein is not commenced within Six (6) months from the date plans and = specifications have been approved, this Agreement shall be void and of no force or effect whatsoever. In the event that work has commenced within the time period specified herein, construction shall be completed on or before 5-31'93 if construction is not completed by such date, this Agreement shall be void and of no force or effect whatsoever. It is agreed by the parties that time is of the essence in all matters relating to the performance of this Agreement. S. The District's engineers shall review final plans and specifications for sewer and water main construction to be performed by the Developer under this Agreement. If prey minary ;Mans are not deemed acceptable by the District, Developer shall be obligated to revise the plans and specifications in accordance with design standards deemed acceptable by the District. After Developer has been notified in writing by the District that final plann and specification:: have been approved, Developer and Developer's contractor shall meet with District representatives for a pre -construction conference before construction is commenced. The Developer shall submit mylar origi^als and duplicate reproducible mylar originals prior the preconstruction conference. Page 2 v S. Developer agrees that it shall be responsible for providing to the District accurate and reliable information concerninq the actual location of the facilities constructed. In its furtherance of this obligation, ❑eveloper shall procure from design engineer, Telli:a.l _��- L3nlimirysl, or such other the licensed engineer or surveyor that will be consulting on the project, a written statement, which shall construction phase of be submitted to the District prior to the preconstruction conference, warranting and guaranteeing that accurate data will be the collected during construction of the facilities to astable "as --built" locations to the engineer to submit actual and reliable District. At the conclusion of construction and prior to and as a 7. condition of acceptance, the engineer shall deliver to the District its certification that it has made periodic field investigations and measurements during construction and_ that the 'a: -built" := drawings submitted to the District are accurate and reliable. The u, District shall have the right to approve any change in the consulting engineer or surveyor during the project and Developer agrees that the District may refuse any change in the consulting of F engineer or surveyor er may condition the same on resubmittal the warranty of location described above. 7. In addition to all amounts payable by the Developer, as Z,et forth herein, the Developer shall pay, prier to the � preconstruction ce nference, the sum of S13, 792. DD as and for a (� charge in lieu of assessment for water facilities previously .4 '--` constructed which provide direct benefit to Developer's property, _ or a portion of Developer's property, and for which District fundsCZ) s ' I (Li were used ,o fund or partially fund the construction, pursuant to } CZ) and in accordance with District Resolution No. 91-591, Section T. f Q� S. The District will make application for City of Federal Wav 'Right -If -way Construction Permit'. Developer acknowledges familiarity with the provisions of such Right-of-way a - that it r_,r its contractor's failure Construction Permit a-..,. �y_-cs c�.. to comply with any of the provisions of the permit shall entitle the District, in addition to the right to enforce any other remedy available to City oz Federal Way as the permitting party, to s -A;L• immediately stop all censtruction activity on the right-of-wayMV until the violation or violations have been eliminated and corrected to the satisfaction of the District and the District should not be held liable for any damages, either direct or indirect, for the delay and expense of such work stoppage. Developer shall procure all other state, county and city licenses or permits. _ 9. In the event an easement is required over realty other than realty described in Paragraph No. 1 herein, such easement, in form acceotable to the District, together with title report or other sufficient proof of ownership of such realty, shall be delivered to the District prior to the preconstruction conference. Developer shall be obligated to obtain a written release from any property owner across whose property construction is performed pursuant to the grant of an easement, sufficient to indicate that the site restoration on the easement .is satisfactory and complete. 10. Prior to the preconstruction conference, Developer shall deliver to the District a restoration performance bond in the Qum of $10,000.00, conditioned that Developer will restore to the satisfaction of the District, and state, county, and city agencies as applicable, all work to be performed hereunder in public rights - of -way and District easements. Form and contents of bond shall be determined by the District. Pacgo 3 6 11. Construction shall be psr.r ormed In .;:cordsnce with District approved plans and specifications and only up -der the supervision of workers or craftsmen experienced in the installation of sewer and water mains and the related work. 12. 3v execution of this Agreement, the District does r.ot guarantee sanitary sewer service ::il). be provided to realty described herein. In the event that any District Facilities, such as 1:.ft `_ions treatment plants ay.d sewer trunk lines, become utilized ^ beyond their design or approved capecity or become inoperable for any cause, the District reserves the right to refuse any connections which would use such facility until remedial action has been completed, and the District shall not be liable for any direct or consequential damages which occur to Developer arising out of such District refusal to connect or time delay necessary to take remedial action. 13. The District shall net be obligated to allow connection of pry property designated in the King County Sewerage Garleral Plan as "Non -local Service Area". -- 14. The Developer and its agents agree to indemnify and hold the District harmless From any and all claims which may be assessed '` against the DIStrict as a result of the construction or maintenance of the work described in this Agreement prior to acceptance by the C District. The Developer shall maintain in full force and effect ' C during the construction period, liability insurance in the minimum c' amounts as follows: sodily injury liability coverage with limits C of not less than $500,000.00 for bodily injury, including accidental death to any one person, and subject to that limit for f each person, in an amount of not less than $1,000,000.00 for each ` accident; and property damage coverage in an amount not less than $1,000,000.00 for each accident. A certificate of insurance shall be provided, prior to the preconstruction conference, stating the amounts of the coverage and the inclusion of the District as an additional insured. Ten days written notice shall be given to the District for cancellation or expiration of this insurance. 15. Developer shall notify the District the date work and construction described in this Agreement will commence, and said notice ,iia.11 b, given not less than 72 hours (not including holidays) prior ior. to sx,,7h date. No Saturday, Sur.;; or national _: _ _ sewer cr w,-te: facility shall. be covered prior t inspection. After work is commenced, it shall vigorously, consiste-otly, and in a First-class workmanlike manner be carried to completion. Developer shall maintain at the construction area at all times during construction, a representative to whom District notices may be given regarding construction. Said representative shall be designated i.^. wr=r;nq by the Developer before start of work. o.. _ Dc•:cloper may request inspections during construction upon two (21, days notice to the District. 16. Testing of sewer and water facilities shall be performed as required by the District and only after satisfactory tests have beer com_a.leted and witnessed by the District's designated agent, will the work be accepted. Developer agrees that at such time as the District has performed inspection of the sewer and water connections and has delivered itemized punch lists to Developer and/or Developer's contractor, that the project will be purauod to final completion, including the performance of all necessary site restoration. ji 7�c J JD - Page 4 CLI Cn a 0 s 17. upon compir-tion of construction, Developer or contractor shall deliver to the District a bond in the amount of ter. percent (1fl $) of construction costs or $5,000.00. whichever is greater, that a reliable contractor will make and par far repairs necessary within e-ne (1) year from the date of acceptance of said construction, arising from faulty labor or material... Form of bond alst o deliver approved be S lls Of ale I forthsewe st and . water Developer mains hand is appu-rterances installed and constructed pursuant to this Agreement, together with permanent easements for their location in a form acceptable to the District. 18. Upon completion of construction, Developer shall submit for acceptance and approval to the District a statement of monies and/or other accounting of monies expended to perform construction described herein, together with such other engineering records and date as may be required by the District. 19. in the a,,pcnt Developer requests and the District provides water meters for the realty described herein, prior to District's acceptance of work, Developer agrees to be solely responsible for or their wny loss ocrs priorto such water meters said acceptance epnceofswork by thei which cuDistri t- 2Q. Work and construction performed under this Agreement shall not be connected to the District's sewer and/or water systems until all provisions and rEquirements. of District Resolutions, on the part of the Developers Agreement have been fully como_lied with. 21. The District and Developer agree that in carrying out the terms of this contract, the Developer shall be acting as an independent contractor and in no respect shall Developer be deemed an agent of Federal Way Water and Sewer. 22. Developer shall not assign this contract without the written consent of the District. 23. The District shall provide sanitary sewer service following the District's acceptance of the sanitary sewer system for operation and maintenance and upon prym- ection charges as set forth and in accordance with District Resolution No. 91-591. Said connection charges shall consist of the Capital Facilities Charge (CFC?, Side Sewer Permit Fee and any other SUCK charges to be levied in accordance with said District Resolution No. 91-591 or amendments thereto or any other applicable District Resolution at time service is requested. 24. The District shall provide wager service following the District's acceptance of the crater distribution system for operation and maintenance and upon payment of the connection charges as set forth and in accordance with District Resolution No. 91-591. Said connection charges shall consist of the Capital Facilities Charge (CFC!, Meter installation Charge and any other such charges levied in accordance with Said District RBzolution No. 91-591 or amendments thereto or any other applicable District Resolution at time service is requested. 7..5. Partial waiver or waiver by acquiescence by the District of any provision or condition of this Agreement shall not be a waiver of any other provision or condition of this Agreement. e Page 5 E7 �• • -. '.�. . }.'�' _^ate r r ne :Y 26. This AgreeMent shall udP- in and shall llabe binding sement and suontthe upon. the property described here heirs, assigns and successors in interest tliene against nst eproperty Agreement shall constitute an eg:: DpVe?-oper, described herein and in the event of f4 performance eciase sGub1 ien in the as y`ated herein, the District may -annex authorized by law . 27. This writing constitutes the full om and only agreement between the parties, there being n4 promises, agreements or understandings, written or oral, exYept as herein set forth, or as hereinafter may be amended in writing. _ 28. Upon execution of this Agreement, the parties agree in the event either of them is required to enforce any provision or provisiars of this Agreement against the other, that the prevailing party shall be entitled, in addition to all other a =nitstoa tual it is otherwise entitled by this Agreement, y r Including t:1ccn in-m =rred an apPasl. attorneys fees and cots. 9 WITNESS our hands and seals. PARKLANE VENTURES LTD. By Its Date: /S '3 STATE OF WASHINGTON ) ss: County of King ) FEDERAL WAY WATER AND SEWER King County, Washington Director ^£ Er_�i.nPering Dated: /—^-93 I certifvrAhat I�know or haysignedsfacto-Zy evidence this instrument that on oath ' �„ g stated that ��- was authorized to a cu:e the instrument and o acknowledged it as the VENTURES LTD., to be the free 9nd voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: , 21 �c I �I Tv n Title My appointment expires 4r Page 6 'j, 1T h io fTOPL/Cfr'/oN �2 PARCEL A THAT PCATKON OF THE NORTHWEST CUARTER OF THE SOUTHEAST QUARTER OF SEC,-mm 71. TOWNSHIP 2' NORTH• PJ.AIC:E A EAST. W.IL. H K7VG O'OUNTY, WASHNOTON, LbRE PARTI< ULA LY DE.&C�ff=D AS FOLLOW& aECwINw0 AT THE HC(471tWEST CORNER OF SAID 400TWWES'T OUARTER OF THE 50U7WEAV OUARTER OF SECTION 33. SAID PCWT OF SE• WLMIN3 BEING FURT}1ER DESCRI6Er3 AS M-M THE CENTER OF WEAID SECTION V A T OF T E 6d :7't!• E ALC"G THE NO97H LINE OF 9.AtD SUBONL7DH. II"Z3 FED TO •THE N =N. WESTERLY ktAJt4al Cf THE 141J W$ERu3=ail 9, T1IEHCE ALONG THE SA4YUARGIN THE FFOLLOwst6 TKRFI COLIPLSES AND WSTANCE3 Ys5`a="W. 15CS a6 FEET. 5g.9.1R71'f, :A.Ot FEET. 5.38•A32'W, 71,12 FEET TO THE SOjjTH LAZE OF SANS NMTYV9"T OUAP[TER' OF THE SOUTHEAST QUARTER OF SECTION M. THENCE N4iS" im-w ALCO4 SAID SOUTH LINE. Sf4.7'I FEET TO' THE Sotn'"WEST CORNER OF 3AI3 ►NORTHWEST OUAR'TER OF THE ypUTHEAST OVARTER. THENCE W -OTATE ALONG THE svt5T LI.1E OF -, n 5:IBDf VUwam %314.39 FEET TO THE TRUE K*n 0f BE*lmklm i EXCEPT THAT PORTION OF THE 5DU1H 68.00 FEET OF THE NORTHWEST OUARTT3R OF THE SOUTNEAAT OUARTER Of SAA7 SECTK]N 33, LY1NL1 TWfEN THE -OLD'* AM �SILFTAFTY ROADS. AND "C�TT PGP, ON LYTFY3 WRHIM `OLD- WLTTARY ROAD. ALSO 9E KINOVR[ AS JOIN RICE COUNTY PKSAD NO. 177 A8 ESTABIISM EDON JUNE 2< ISM. 70CETkER WITH THE SOUTH 18 FEET OF: THE EAST 92A FEET OF THE NORTHEAST C ARTEA OF TH£ 3CUTH"VEST CUAFITER OF SAJO SECTION 33. AND TOG -ETHER WITH THAT PORTION DO VACATED 'OLD" SILTTARY F14AD. ALSO DIOWH AS JCIHH RICE COUNTY ROADHO. 177 AND ALSO IONCriICx A.S }iOL37 .LOAD, VACATED BY mm COUWIT ORDINANCE NUI.1I!EER 3W4. RECCADED UNOER K146 COUNTY RECORONG NO. 770214o=. I.NLWE PARMULAFkY 3ESCRtSE0 AS FOLLOWS: SOUTrMy A11 THAT PORT70k OF IOLO' IALITARY FYJAD. A19C1 KNOWN AS JCYILI RICE CA7[IIItI•Y FIORD N0, 171 LYING (1' OF THE N4R YI LINE OF THE NORTh'WEST OUAP7ER Or THE souTHEAST QUARTER OF SAID SECTION M. LY'M Cv .. `:c �_... t! FS 7 c cAln RrinnNtarvr PARCEL 8 THE FAST 412.5 FEET OF THE NORTHEAST OLARTER OF THE SOUTHWEST QUARTER OF SECTION 17.7OWNSHIP 22 �{ NORTH. stArlC E , FJI;T, W.U., IN tL 1Nr3 crx NTY, WASHING, EXCEPT THE SGUTH 1s FEET CP THE EAST szx FEET OF O SAID SUBDIVISION. r �-� FARCEL C TxAT s RTOH OF THE sounw,"T CUAPTEER OF THE NORTHEASTMAIRTERof SECTION 33. TOWNSHIP 22 IeoPTT`i RA1+fE t EAST. W.SA.. W K'NG GoupITY, WASNQT'JN, OESCMED )Z Ft7L.LOW9! bEGUINIUC AT THE SOUTHWEST CORNER OF SAID SUB3:Vls", THENCE !15.3.34'0w'E 77T..1i; FEET. THENCE 55i-tt16•E w W FEET, THENCE S"'IS'A<'VI 207.S8 FEET TO THE SOUTH LING OF 3A'O SUBOIVI.SION . THENCE ON SAID SM" L1NE N"-=AI-�1 IC.M `1 FEET '0 THE POINT OF aEON M;MO, E-xCEPT THAT PORTION THEREOF LYL''NO wf-mIN THE FOLLOwtNO DESCRIBED PARCEL BEOXNIF+G AT T14E SOUTHWEST CORNER OF SAID NORTHEAST , 7 FEET To THE TV" �I'HT rEqOF ENI C24NO. THE MU rON T1IN1IlNcI SA4,1S'N.t-1, A 0IXTAW-1 OF 72.SamFEET TO E3SOUTH LIKE OF SAID Fr_.4ITIIEAsT Ot]AS TtK TIIENCE ALONG SAID 3OUTIt LINE Nw=*4I-W, A DZTM,CE Of 350 FEET. THENCE M"*I WJIA— A DIJ ; AHCL'' OF z4a FEET. TIIEWX 3OUntEASTEHLY TO THE TRUE CCWT V 6EOWNM ALSO KNOWN AS A PORMN OF LOT 8 REDONDO HMMI UNRECORDED. PARCEL D IMT t"MCN OF THE ,SOUTHWEST OUA ITER OF THE HORnlLA.ST OLIAATER OF SECTION 33. TOWNSHIP 22 NORTH.. RAt4IE A EJL:T, W.M., N K14G COUNTY, W.*s►lIk4TC'M. DESCRIBED AS FOLLOM: 1zECw1NING AT 7I1E SOUTH EAST OUAFIkR OF SAID SI;BDIvSCK THE,*t.c H.erZ.r+1-I A' 'ONO 9OM L31E THEREOF 76A 3t FEET 71eF_RC,E FFAt•t5'Al ",•9t.76 FELT. THENCE SoI-1orI2-E ALOHQ EAST LINE OF SAID BUB0IVISIOM 219.74 FEET TO TIIE Popa CF BECt NUS a AEDONDO HEXAM. UNPZ OROEA LOT'LL. TOGETHER WTTM ALL APPURTEMANC'ES. HEREWTAAAENTS AND TENEMENTS, ALSO XXOWX A5 LOT SA LESS COUNT, MOAO CF, REDONDO HEIOHTS UNRE•:CADED. PARCEL E T1;� T POAr*Nl OF TIIE SOUTHWEST CUARTER OF THE NORTHWX3T ❑UARTEP OF SECTI-)N 33. TOWNSHIP = NORTH, RAAY..E A EAST. W.IA. W KING COUNTY, WAZ NMOTON, DESCRIFIEO AS FOL-LOWS: IIEGINFrIHG A- THE 5elUT1iWEs7 COFtxF3t OF SAID rNCFTTF+EA97 LXL%JrTfR TINENCE NM3-141>•NE 77143 FEET. THENCE SS!'c•: 1Rrt 854.n3 FCET, 544•15`44-W 13A-27 FEET TO THE TRUE P X; r- CF MEOtHNINO, THENCE C41XTNUNG StA•r5;A1Y. A DISTANCE OF 72.83 FEET TO THE SOUTH LIKE OF gAO MCR-HEk-LT CUARTR. THENCE ALONG SAID 9LJUTH LINE N61`:3'A1-W, A DISTANCE OF 360 FEET, THENCE N+4.18'M•E, A DISTANCE OF M FEET, THENCE 5.7LITUEASTERLY TO THE TRUE. POINT Of BEG;HNIN6 AL.90 KNOWN AS A POR003 OF LC' 4 REDONDO HEt3FTTt3 UNRECORDED. CONTAUAS A1.858 ACRES NAORE OR LESS. IICI-1l.a"IC., V.,0 dS 4 c CP 11 FEDERAL WAY WATER and SEWER DISTRICT SEWER DIVISION P. 0. Box 4249 Febral Way, WA 98061 i HERITAGE WOOD& .- Agreement No. 92-252 Q y AMENDMENT TO DEVELOPER EYTENSION AGREEMENT V S THIS MENDMENT, entered into in duplicate between the � FEDERA7, WAY WATER AND SEWER District, King County, a municipal � cor_poratien of the State of Washington, hereinafter referred to as g the "i7,istrict", and PARKL.IANE VENTURES, INC., 31620 23RD AVENUE 8 SOUTH, FEDERAL WAY, WA 98003, hereinafter referred to as the o "Developer": m g WITNF,SSETH: WHEREAS, the District and Developer previously entered into a Developer F.xtengi on Agrggmen't on Tanuary 25, 1993, hereinafter =t referred to as "Agreement", to provide for the construction of y 6 certain water and sewer facilities for connection to the District's .0 �y water and sewer systems, which Agreement was recorded under King V4 County Auditor's File No. 9302031231, and T WrrE.REAS,. to accommodate Developer's construction schedule, -the '4 District desires to allow an extension in the construction period, as saT� is referenced in the Agreement; NOW, THEREFORE, BE: i-i AGREED as follows: ;i 1. It is agreed that the original completion date set forth Q :P in Paragraph No. 4 of the Agreement shall be extended to November 30, 1994, in conformance with the provisions set forth therein. 2. All other terms -Tnd conditions of the Developer Extension Agreement as originally executed shall remain in full force and s effect. 4 WITNESS our hands and seals. x � PARKLA:E VENTURES, INC. FEDERAL WAY WATER AND SEWER � King County, Washington By 6_101 f Director of Engineering Its — , Date: �- Dated: / - J -� s Page 1 '� Cam{ f STATE OF WASHINGTON ) ss_ County of King ) I certify that I know or have satisfactory evidence that DAVID W. MORRISON signed this instrument, on oath stated that HE was authorized to execute the instrument and acknowledged it as the MANAGER of PARKLANE VENTURES, !NO., to be the free and voluntary act of such party fa the uses and purposes mentioned in the instrument. Y . DATED: 10 /29 /93 _ Notary Ruh is Title ESOROK cPIVA.;ER/LIMITED PRACTICE OFFICER ,� �° My appointment expires 12/1/93 r►�, �►Yr3 . e.►`a Page 2 a HERITAGE WOODS 8 ^ r-� Agreement No. 92-252 -oirl� SEP 2 E 1995 Y3z. zys.�n.a 9ZZCblcll { gZZ09.2c1, S ME,NJMM"-,r;ti'.ECEI".I39fi1ELOP6 EXTENSION AGREEMENT S` R=vOHG�� x THIS AMENDMENT, entered into in duplicate between the LAYrAAVMT UTILITY DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as the "District", � 8 and PARKLANE VENTURES, INC., 31620 23RD AVENUE SOUTH, FEDERAL WAY, „ WA 98003, hereinafter referred to as the -"Developer": WITNESSEiH: WHEREAS, the District and Developer previously entered into a Developer Extension Agreement on January 25, 1993, hereinafter 4 referred to as "Agreement", to provide for the construction of certain water and sewer facilities for connection to the District's 0 water and sewer systems, which Agreemant was recorded under King 0 O County Auditor's File No. 9302031231, and WHEREAS, following execution of the Agreement, the parties executed an Amendment, which is dated November 11, 1993, and recorded under King County Auditor's File No. 9311290247, providing for the E._cension of the completion date, and WHEREAS, to accommodate Developer's construction schedule, the District desires to allow an extension in the construction period, as same is referenced in the Agreement and Amendment, and WHEREAS, in older to accommodate its construction schedule, Developer has requested that the District approve a reduction in the extent of its property made subject to the Agreement so that construction of the facilities pursuant to the Agreement for the remaining property can occur in a timely fashion, and WHEREAS, the District having reviewed such request and deeming it beneficial.; NOW, THEREFORE, BE IT AGREED as follows: Page 1 i :.r 11 11 1. It is agreed that the property which shall be subject to this Agreement and to which sewer and water service may be provided hereunder shall be as set forth in Exhibit "A", attached hereto and by this reference incorporated hereto. 2. It is agreed that the deposit amounts set forth in Paragraph No. 2 of the Agreement shall be amended as follows: WATER SEWER Section B - AJ-2: Developer Extension Charge - deposit against the District's administrative, ir_spection, engineering, legal and other costs, including the cost of main cleaning prior to accept- ance, associated with the extension of - water facilities. $ 7,737.50 $ 9,842.00 (See subsections a & b below.) Section C - AJ-3: Latecomers Admini- strative Fee to cover the District administrative cost for Latecomer pay- back associated cost. $ .00 $ 240.00 Section E: Right-of-way construction to cover District's cost associated in the Right-of-way Construction Permit for city, county, and/or state permit. $ 260.&Q__ S 260.00 Less credit for previous payment. $<3, 945.00> $<13,080.00> 0 Total: S NOTE: Credit remaining from the sewer portion of the deposit shall be refunded. These amounts shall be paid to the District, prior to the rd District's execution of the agreement, as a deposit against °1 actual expenses, including all bacteriological testing and sampling. The District shall determine, on a monthly basis, its actual costs associated with the project and shall submit to Developer,if and at such time as its expenses exceed the deposit herein, a request to increase said deposit by such additional amounts as are due to repay he District for actual costs in excess of the amount previously collected plus an amount to increase said deposit to the next five hundred dollar ($500) increment. Payment shall be made within thirty days of the date of the letter requesting same. In the event that the deposit exceeds the District's actual expenses, the District shall issue to the Developer, at project closing, a refund of such unused amounts. b. The Developer Extension Charge deposit includes the expense of the District's review of preliminary plans, which review shall not in any way be deemed an approval of plans for construction purposes. 3. It is agreed that the original completion date set forth in Paragraph No. 4 of the Agreement shall be extended to Kay-3*-, Sfir #6 +996, in conformance with the provisions set forth therein. + Page 2 s 0 M C C 4. All other terms and conditions of the Developer Extension Agreement as originally executed shall remain in full force and effect. WITNESS our hands and seals. PARKLANE VENTURES, INC. Z'y, Its Dace: STATE OF WASHINGTON ) SS: County of Xi^g ) LAKEHAVEN UTILITY DISTRICT King County, Washington t , �! er, Cu mer Services Dept. Dated: -7' K 9-r _ I certify that I know or have satisfactory evidence that _ ��!2 M"5010_._ signed this instrument, on oath stated that ke—- was authorized to execute the instrument and acknowledged it as the of PARKLANE VENTURES, INC., to be the free and voluntary act of such party for the uses and purposessy mentioned in the instrument. DATED: �',s Q� M';;;N, Title My appointment expires �J Page 3 Exhibit "A" Legal Description Division I Heritage. That portion of Section 33, Township 22 North, Range 4 East, W.M., in Xing County, Washington, more particularly described as follows: Commencing at the center of said section 33, said point being a concrete monument with Brass Cap and Bears N 01003'43" E, a distance of 2632.77 feet from the South Quarter comer (Monument in Case) of said Section 33; thence North 53034'04" East, along the Northwesterly line of tract 6, Redondo Heights unrecorded plat, a distance of 214.89 feet; thence South 34°09'20" East, a distance of 160.63 feet; thence South 32°14'47" East, a distance of 60.03 feet; thence South 14°23'29" East, a distance of 65.78 feet to the beginning of a curve concave to the southwest having a radius of 300.00 feet and a central angle of 32°03'33" and being subtended by a chord which bears South 60052'58" East 165.68 feet; thence easterly and southeasterly along said curve, a distance of 167.86 feet to a point of cusp on a curve, from which the radius point bears North 45°08'48" East; thence northwesterly, northerly and northeasterly a distance of 30.55 feet along the arc of said curve concave to the east having a radius of 25.00 feet and a central angle of 70000'31"; thence North 77050'10" East, a distance of 140.73 feet; thence North 00°49'56" West, a distance of 148.99 feet; thence North 24°24'51" Wa-t, a distance of 32.97 feet; thence North 34°09'20" ':qf? :t, a distance of 311.22 feet to the Northwesterly line of said tract 6; thcnca North 5S°34,04" East, along the Northwesterly line of said tract 6, a distance of 278.34 feet to the most Northerly comer of said tract 6; thence South 58°42'16" East along the Northeasterly line of said tract 6, a distance of 654.03 feet to the most Easterly comer of said tract 6; thence South 44015'44" West along the Southeasterly line of said tract 6, ® a distance of 207.55 feet to an intersection with the South line the Southwest Qurater of the Northeast Quarter of said Section 33; thence South 88°23'41" East along the South line of the Southwest Quarter of the rf Northeast Quarter of said Section 33, a distance of 83.55 feet to an intersection with the Southeasterly margin of Old Military Road; thence North 44015'44" East along the Southeasterly line of Old Military Road, a distance of 294.70 feet to an intersection with the East line of the Southwest Quarter of Northeast Quarter of said Secticn 33; thence South 01°10'12" West along said East line, a distance of 47.70 feet to an intersection with the Northwesterly Right of Way line of New Military Road South; thence South 35°22'32" West along said Right of Way line, being 30.00 feet at right angles thereto the centerline of said New ,,,tary Road South, a distance of 203.35 feet, to the South line of said Subdivision; thence North 88" 23'41" West along said Subdivision line, a distance of 24.05 feet to an intersection with the Northwesterly Right of Way line of New Military Road South: thence South 35022'32" West along the Northwesterly Right of Way line of New Military Road South, being 50.00 feet at right angles thereto the center line of New Military Road South, a distance cf 1505.88 feet to an intemection with a line 65.00 feet Northerly, at right angles thereto tr.e South line of the Northwest Quarter of the Southeast of said Section 33; thence North 88*18'61" Wast along said lime, parallel with the South lirre of said Subdivision, a distance of 258.74 feet; thence North 08° 5'53" West, a distance of 78.40 feet to a point of cusp on a curve concave to the north having a radius of 300.00 feet and a central angle of 2°49'48" and being subtended by a chord which bears South 80004'18" West 14.82 feet; thence westerly along said curve, a distance of 14.82 feet; thence North 08630'48" West radial to said curve, a distance of 160.00 feet; thence North 88053'15" West, a distance of 46.82 feet; thence North 69033'10" West, a distance of 46.82 fee:; thence North 50°23'05" West, a distance of 46.82 feet; thence North 31 °08'00" West, a distance of 46.82 feet; thence North 10013'22" West, a distance of 54.79 feet; thence North 01003'43" East, a distance of 444.99 feet; thence North 03°07'47" East, a distance of 55.69 feet; thence North 20024'24" East, a distance of 46.82 feet; thence North 39°39'29" East, a distance of 46.82 feet; thence North 55024'45" East, a distance of 47.40 feet; thence North 21 °2T53" West, a distance of 157.07 feet to the beginning of a curve radial to said line; thence easterly a distance of 22.44 feet along the curve concave :a the soaath, having a radius of 300.00 feet and a central angle of 4017'10"; thence North 17010'43" West radial to said curve, a distance of 127.79 feet to an intersection with the North iine of tha Northeast C�jartsr of the Southwest Quarter of said Section 33; thence South 88*23'27" East along the North line of the Northeast Quarter of the Southwest Quarter of said Section 33, a distance of 136.41 feet to the Point M of Beginning. Containing 29.14 Acres, more or less. d' r�1 L`3 r S L) dR I "C' off All of wt (%UnRn. Park. ink 'N J1, t h- S t G his h anc, 'n, Tac 1; 30 q, ea Sea 1) An,i I e 0 Y ' - " z, c, - 6x Jan 14;1905. _n f tl a, BaUL'u.6 11: 10 an. Vol �--7 - D oN n r a t FO-L'd "ay 23..1'03.9. A v-' o la Rho d es vailway a E; to Sall tp' S nip" he -716 lan n :r: 'I t R 41B Ti&f qontg 40 s-o m cr _SN of iseu :7, 2-4 ' ;j". and to gov Sur, h t of my and viln-.rall r ea)* to pit. sd land and nay thz�rdfor the sun of as f3. a $31 90 ► 'r-T �SS1] -L d j- i n sun o $26.79 int-on P.2nd driu Of_ ,Tan of ea6h Yr b8f; 18c)a :and a.,idg -3.907 4J. nd -ord it. ions in fl,"" 30 0 1 7,f D 20qS27 '101141400 (1�1.50 sfn-, att. qd -ray 22,1903, 0, P 4 S,Uppor ivin of So K j'W kj-.qa r, Barrington _6o, os h ar e by 8; b s lint o r, p her h m d a ;hh fl 9 -!And "'I It. N p, 5 r� 0ontf, Q ac nor 1 41.. 21 2 c.-P . - Th e IM SA Of BlitO log Qj al? and - s t'J',A 4 4-1 efil 15 'Ito h and to h s dp rum.; +c. 1A r h wid a f* ri. f i anct F, in f l0 M r ti -rits Z-7"I of '10 of YI,-, LIpper N P in and b"' J Wa rr WTI io rx of w 'a in x "oh 23,1905. !,ay Vol D Zidavit F-ilsd' and a aq S j as .11 -unora beinF, :Cirst. duly avorn r, %lei) •Th P. t I t6 i e a a 0 t d W.t t1i S 11 L 'Feb 3-7 189 a'/ & 1302, and t3%ap.-, at ad date and at. all times si r 1,�d per and at no t:Uue b a t sd da-taS cd Susan k !.;oorm 'rag arl unneUr TVZ a husb. 4a T an os A 1.ioore rulri &,n d -3f e Q1 jc7', -11:11 elay of July,1900. .9worn to 1, T oh n 9 Ba Ualnn Tv , v P M t 9 "3n Ox Jr -A 18y11104,, ,I �4,zj nni jloA- th-7 IS of W rem a n-d as, the/f JZ or sec "� Jr_ +� w ;? crr: 160 ac. Tor -:'rit;h a.,.lyd -;- P t 1_ a nd tt• r anto s p and to his -L �` • L. �. 7•'.L1•i. _. 1. ~L, l-' i �(` •.1 l: ,`-'� a�,� � ? e :2 •1:1.1,2?J,a yrs a d• A f 100 (Seal) J.� I Lena...!- 'Inad sen cSeal) L;�v _j i:� and L Ir. :_J_s �� ..� n T% reg,e th en. li r ?T: _ r co F'! � � u f 7.7 'i c G r. t ,S a A �•t y � � J_ *,, • cL 1- a Ced- 7- i1nd cT .n.Ii 75 1:104' _I1..0r.'.�i an- Ve)l �✓�{ � � �i rr' 2.Q6•27'1 r cam. uF'U. -rany i :(j4 ' 9�t C,n 4M?�Oc) l Jchn Iff Pfeiffer a.nr-. "Fa^nie 0 Pfeiffe.r - ni g Wile oI zaI_^.ol . ',-Loll G1i:1 l.V ch To Elvi-r-a _Oliver of Des ' oines, K- C o $ W F p `do hereby €:, b s rer;i, rel and' f q c canto s p a rrl to her h en d a $ f �/ � f I g ? an �' in K v , Fl 1 to -"r- - The i,i of the NW T"f S + * of.' sec 28 tp 22 R g E 4f�C contg 20 acres. Arid the S7�. � of.. the ITV -41! of sec 22 22 R 4 E W ' c • .itC 40 acres all of the above de sc la.rcl being in K Cos Q Tor 1�ith a aria s the t .+- c: to h and• to r,sd l� �Ji t a ur_to s P: c�21d= to ' har i, a. nd as:.. f 2 .wits = John 7 Pfeiffer (Seal) Fatinie 0 Pfeiffi�r (Se. L• n� .�.Il y�r �n 'r� yr �:,.L n'ri �rli.CO � �' ..r,. •. - � "` _. Tan 9,190by J R P and_`r 0 P his 'wf bef Serenus D Ketchum At t. •rr _ -at a ea 1 S1vCd-L Z a.rl CJ yV` 1i 1J: M. a' f V.i :L i 1. 1�h8 /� Dated Au.% 2131903 i 3T .4- i. e�r+r� - -� �. .f,.ie, ?a'1.-1urn-(✓n:tlip•any rQn.� �j o VJ n y 1 ems... Pl codeR .of t 1. K �� S l52C' d T . N7 -/ • o.A SM f a4�ri 13 AL:p. 22 1V R t4 7-- YI i cont;,--,, 40 ac -- w (ccPy r,in r'ea) ; the 1:nds h ereb;;. c.--Euted being subi to an ease- -r Mte 1:l0b .'cr- .an-r, rcads : nut v-rd estab; Slid now exiSt9 over and 7-.cross any 'art of sd deso land excep", ,a,:(es ar d arse ;asnts if an u-con 'he co ,,-1t10'."i8 &C 2 Sri t,s f Rorp seal) 11ar:.. ft 2—Pacific Pail-xay Company 'By C S 1,re11 gin, President ' Attest: n n Rel.., Assistant r,ecr•ei.ELr'Y l.' "i;lr: Oc of 'range j 5. ..e'i�t, 12,1�C)3 - S �: as pres of sd =-p bef H A Fabian 11 P �,r^ se Co 2.71r_ • At,t 'lithsaal. ?o1i 60 of reeds, page 614t under auditor's file No. 2862 Reserving and excepting From said lands such as are nog;: known, or shall hereafter be ascertained, to contain coal or iron, and also the use of such surface ground ss may be necessary for mining operations, and the right of access to such reserved and ex-;jpted coal and iron lands, for the purpose of eat, wring, developing and. working the same; the use of such surface ground and the right of access herein reserved to be -L `r the use and benefit of said party of the first part, its successors and its assigns of the lands hereby excente, NLJ:mr a ii 26 2151966 •:7.50 irS 0-rT lend !iompanya cOrnn j a M, C r an a 13 Carter, of ^dre In Kaw: hty b Cy sp, h a 'he L; he ,,;B 3 z o f the of see 33 tp 22 ?fin4- E f ccntS 120 acr 2 M/1, a0c to he zatates Govern - men + Tllhp, by hby ere:'- -1Y saves, excepts and reserves C'MT Of thg- mp giant hby nada—M as a f f i, exe Iva= 7o have and to hold Sd lal'lds �'C EPO sse;� f-r year 1919 and rabs aria. if any, lev'" Or arse ye sirs. Cov: -i--- ana aef, exc as agn-,nt any vte Or liens 0 r,,ujoes created or pure itted. by any peram other thanth-1 on J. 21-1919, andasm'st Vf',-e t.4%4-S. and Asmt :0, agrees 4-0 whish If anY, the sp aEsl-1-03 v _pay. tj� X b d ;ith its .je :fp has caused these Dres tc 0 -jL 2Gd by its -lice PTes- (op SIv.'everhaexxser Logged'- Off Land, 0-. ) 9 By GOO 416 Att Rierce roan ty, V.%% s hn on Us r 9 - 2 6 - by Gr a 0 S Long the VICe-Pre of tlje V, C the corp-,j, rcjl) be'f Alf -red 'TI-Piman, N Carter, McDonald a n 24t - 2 0 719 end) 967 to 77 -z4- Asnin't, of Ghat 77 t Yar 12-26 - 11 31 2151978 10-26 *5000. j ol,-q -Zj Johnson to or ton 'Natiollial Bank of0 :eattie. -Fp does hby g 1) s a. t and s 0 tL -�p h a a cert mtg dUL Feb '16-26 exec b L90Shoppler and 11 y d a it b1hoppler, hw to f-D herein, mtging the folg de se psnl prop: Vord Hotel 914 Pike St Ballint in pGril PrOP aluO lc�o se of of A�?75QO. vii-14--h int. kiso aRns the note scrod thby. Sd m+*gw. ZIC60-w on day 010 kal 19 and rk4 fid- for rkd in o a of 0 1 of mt�-!� at -g rZurs of -.d-7-our.tY* J ohn. S Johnson :11 P for _ 3003157 x 19,48 r- v lvlc•,art 1M.V °t5: the cs __cV; Roy C `•::c`arty and I_bne Moore Y V o J V :"J lullieL , �7. r1 - Pr in kew; Cy. ,end q c to ap ali int in fdla .: ,,z _` la ft of lot 4 hi k 27Madison otreet add Ej0 Gam_ i [i 0_.�/u J RL,.� n i n �Tf]1 °� P L 85, reds of kew ;u at re�d� in w o� plates p8 to Gll9 Cam. �CC(`� �- given yt is hby mutually understood andagreed this sand too 1 the above for the purj)ose of clearing th title e� record in and des . Lt-Y and is ``nte,ided to saty, release a -A quit claim anY and all right? title and i:clt t:�at the undersigned nay tideland intn and o the pty above deE , togeth with any and all right, gh , the.t the ar ders_gned R.ay have in and to t..at otr re est cont J in 10 on rapt 29 i937 bby and bet y-Ioy C, ,ccarty as pure- r, and J L ilocre , BZumeand _�eiii e 3lum.er, _:wf, and. :d J i,Ioare ar_d i�dna wf, r seller, wdh re est cont was duly, sld for rec on Jun 16 h 1933 with the ofe of the and of _�cw beingr.eed3 invo_ a 2$6 of deeds at gage- 1792 P 0 VC'pja Car 4- y Irene YO.Carty kcsaJ'un 30 193S oy RoyC lvIcCar-Y and Irene bleGarty hwf, bef Gustave Johnson n a for' wn res at s n si;ov 3 19 fld by �s J rloore , 2008 F Union St '3003158 D Jul 6 1938 and ,benefits ;tt; �� John H Carter, and D K lilac Donala, eac'rl an undue..- one half nt as their Sep estates 1 to County ofl ing, st of wn �, -he pub ;Drover as a nub road fp .cy rel -and q c to sp for use os to p' a;A hig"ay all int in the folg re est a para�l of land in the SjVT of the iJE:k- of sec 33, twp 22 n .r 4 a w m cif; beg at the se cor of sd SW INE� sec 33 and rg th westy 75 ft m or 1; th no 34 de 17,50" east 132 ft m or 1 to a pt on the east line of the sdSN� .ITE, sse 33 100 ft m or 1 zo -Prnm tHP.nob.- th so 109 ft m or 1 tothe pob ctg 0.09 acres m or 1� _ y r/w • ol•d Military road togeth >:ith the.rightto make all•n cess slopes for cuts and fills upon ache abutting pty and on each side ofsd des r/w in c nformity with standard plans and spec`ficiations for highway purps and to the smcor_3encdand under Eainentthe �•oma�ntsLh•tute�ted had been acquired by Jonn� Carter of the st of ein D ir- (,. Donald kciq Jul 7 1938 by John Barter, and D K rdacDonald, bef D W -- ,on�1 A n r fnr wn .res ::,t s n s iui8y 14 1941 s fld�bycor road enry,r 7 Jul 8 19 3 3 Jun 20 1938 410.00 W ", J eksan and 'Rhoda Jackson hus '74 300 3159 and wf of North Bend kdw to Countg of King . f,D cv and war to sp the fd! in kcw; that portn of sec 9 twn 23 n r 9 e w m d f; beg at the mW Oor oftheNE ; Of the SE', of sd 8e0 9 ; th al the west li of sd avb- divn so 0 deg 13' 33" west 246 ft to true pob ; th al the west 1 i of sd subdiv, so 0 deg 13' TV west. 490 ft; th east 503.29 d.j ^, r•�� •h in ��i An7 �r'�(] far!:A ]�:7.�� ft-, t�"� T1C] �JD Cj3 fl14 D Ych 15 39�;�598 eb 26 39 and benefits Mamie H H lst 000, { to-Co� my of King, State of Washingto-n �--� fp cys--sa 981 abv--- , A atrip o' la-:d 10 -Et in;widtjj e-xtandi.ng over and across the N'4 of S-Z see 33 twy+.22 NR 4 etam, ex theS 65 ft thof and ly nWly of arid. ce tig,:jov.s Moth eright ofway cyd to k_c and r9c in' Vol 1529 A D p `:8 e `'ong 0.35 a -re s m1 R/W Old :�,ilitar-.Roa d ug►--asfo=- Mamie - no13t 46 kow Feb 28 39 b y Mamie H Hoist b-L NO Anderson npV`inresats(NS0ct 23 40) mi xQ co engr D YCh 15 39 Jy' J r } I ,5035990 �i Feb 16 39 ...teele Iak:e Yr__rarge -) 05, Patrons of Husbandry, a YYncrp to County of King, State of Washington fp cy --su 981 abv --- All thaUpoxn of the .N 245ft ofGovt. lot w, Sec. 4, Twp. 21 TqR 4 ?_ ewm, ly westof Old Mili.taryRoad included ina stripof land .60 - ft in width hvg --In ft of such width on either aideof a center line des as 'lsi Baav in the N l�i.neof ad Sec 49 338 ft ml aly fxc-�the Ni-"car thof ' ". on a curve totheright hvg a radius of 5729:65 ft a and rng th slym.L ` - { heS lineof' -sd s 245ft ❑f GOVt lot distof 25�0 ft t9 a point ,n+, 2 dist 3^0"t rLL! e' y iromthe west linecf sdGa lot 21 excegtirg uontg 0,09 ml Rj;ff" Old ., that-o-n thrtoforeeLdas a county road acres biilitaryPoad-- t w--as -orb-- (c= sl ( Steele Lake Grange #805-, Patrons of Husbandry '. F-P B_Ue Its Paster R H Zinn its sect' kc,;v Fab 15 39by F P Bailey, and R F Zinn, yL L�astey- and secy Of sd or-1 cf) bf NO Anderson npWnre s rt s (�i;SOct 23 40) ml 3p r- D Mich 15 39 ]�035991 Tan 5 39 $1, and benefits -1r � L George Tripp to County of King, State of Washington f F rva ra 1 _, and -CS to spxX --sa 961abv --- All tratpornof Govt lot 2, seo 4, tp iI]txx 21, NR 4 OYM, ex the N 245 ft thof ly wly of Old Mili.taryRoad included within a strip of land 60 ft in width hvg 30 ft of such width on ei.tiier side of a I I' Notice of Ad5iti(.-a4l WaLel of Gewiai I Facility Tap or Connection Charge NOTICE IS EF-RED-Y GIVEN that Federal Way Water and Sewer, of Kina County, Washington, intends to levy a tap or connection charge for providing water and/or sanitary sewer service to the realty be— 1 low described. Further information regarding the charge is avail- able at the District Office at 31627 First Avenue South, Federal Way, Washington. The realty subject to the tap or connection charge is described as follows: i I Exhibit "A" T4 This Notice supersedes in its entirety the "Notice of Tap or Connection Charges Pursuant to RCW 65.08.170" filed with King County, Washington under Auditor's File No. 8106010916. TA i This notice is given pursuant to R.C.W. 65,08.170. !' DATED this �_ day of IK,, 19. By Federal Way Water and Sewer � 2 40210 1 A Position: a`},Cege Qn CAShS� :t:*+21. GO STATE OF inaSHINGTJN ) S5 ss: County of King } I certify that r know or have satisfactory evidence that S TFp>,E� VJ-"E ,E sinned this instrument, on oath stated that WE is authorized to execute the instrument and acknowledged it as the of FEDERAL WAY WATER AND SEWER to be the free and voluntary act of such party for the uses and pur- poses mentioned in the instrument. DATED: APRIL, iil1` IY 141�r"T�y��Gtii ��+yF�� Title PU� vP[1$�1Cr �ti4� My appointment exrires n i FEDERAL WAY WATER AND SEWER LEG"AL DESCRIPTION EXHIBIT "A" Ali of Sections 3, 4, 5, 7, 8, 10, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 32, 33, and 34, Township 21 North, Range 4 East, W.M., TOGETHER with all of Section 13, Township 21 North, Range 3 East, W.M.; TOGETHER WITH portions of Sections 17, 20, 27, 28, 29, 32, 33, 34, and 35, Township 22 North, Rance 4 East, W.M,; TOGETHER WITH portions of Sections 2, 6, 11, 14, 23, 26, 30, 31, and 35, Township 21 North, Range 4 East, W.M.; TOGETHER WITH portions of Sections 2 and 3, Township 20 North, Rance 4 East, W.M.; TOGETHER WITH portions of Sections 1, 10, 11, 12, 14, 15, 23, 24, and 25, Township 21 North, Range 3 East, W.M.; ,lore particularly described as follows: 3a^'1ning at tine intc_scc.:_O ^f the north line of Section 23, Township '2.1 North, Range 4 East, W.M., and the centerline of Grand View Boulevard, also known as 56th Avenue South; Thence southerly alcng the centerline of Grand Vi:iw Boulevard to Lts intersection with Pennsylvania Avenue, also known as South 348th Place; Thence southerly along the centerline of Pennsylvania Avenue, also known as South 3-48th Place, 57th Avenue South and 56th Place South, to its intersection. with Grand View Boulevard.; .'hence southerly along tha centerline of Grand View Boulevard, also -known as 56th Avenue South and 57th Avenue South, to its intersection with the westerly extension .of the north line of Lot 24, Block 83, of Jovita Heights, as recorded in Volume 20 o! Plats, pages 12a through 12f, inclusive, retards of King County, Washington; Thence easterly along said westerly extension and the north line of said Lot 24 to the no-theast corner of said Lot 24; Thence southerly along the easterly lines of Lots 24 through 34 inCILlsive, of said Block 83, to the south line of Tot .34, block 83, of Jovita Heights; I Q G�2 N O Q -- 2 - Thenck. westerly along sa1d south 1. Of Lot 34 an:i the westerly extension of said s,:,.uth line to its intersection with the centerline of Grand view Boulevard, also known as 57th Avenue South; Thence southerly along the centerline of Grand View Boulevard to its intersection with the westerly extension of the north line of Lot 6, Block 146, of said Jovita Heights; - Thence easterly along said westerly extension and said north line of Lot 6 to the northeast corner of said Lot 6; Thence southerly along the east line o2 Lots 6 through 20 to the southeast corner of Lot 20 which is also the most northerly corner of Lot 40, Block 146, Jovita Heights; Thence southwesterly along the northwest line of said Lot 40 to the most westerly corner of said Lot 40, said corner is on the northern margin of Ohio Drive, also known as South 364th Place; Thence southerly and southwesterly along the northern margin of Ohio Drive, also known as South 364th Place, and also being the southeasterly lines of Lots 27 through 36 inclusive, in said Block 146, Jovita Heights, to the southwest line of said Lot 36; Thence southeasterly along the southeasterly extension of the southwest line of said Lot 36 to the centerline of Ohio Drive; Thence southerly al^.ng Lhe centerline of Ohio Drive to its intersection with the southeasterly extension of the northeastern line of Lot 39, said northeastern line being South 39°47'17" East from the most northerly corner of Lot 39, Bloc.c 146 of said Jovita Heights; Thence northwesterly along -said southeasterly ext-ension to the western margin of Ohio Drive, also being the southeastern line of said Lot 39; Thence southerly along the said margin of Ohio Drive and the southeastern line of said Lot 39 to its intersection with the westerly extension of the north line of Lot 10, Block 145, of said Jovita. Heights; Thence easterly along said westerly extension and the north line of said Lot 10 to the most easterly corner of Lot 10; The::c2 southwesterly along the south line of said Lot 10 and its southwesterly extension to its intersection with the western margin of Oregon Drive, also known as 55th Place South; Thence southeasterly along said western margin also being portions of the eastern lines oi* Lots 15 and 1G, Block 144 said Jovita Heights, to the most easterly corner of said Lot 16; -- 3 - Thence northeasterly across; Oh o Drive, also known as 55th Place South, to the most northwestarlY corner (Df Lot 1, Block 143, of said Jevite Heights; Thence northeasterly, southerly and southwesterly along t'he lines of said Lot 1, also being the sou.-.hern and western margins of Oregon Drive, which is also Y:nown as 56t':: Place South, to the most southerly corner of said Lot 1; - Thence continuing southerly along the western margin of Oregon Drive, also being th3 east line of Lots 2 and 3,-Block 143, in said Jovita Heights, to the southern line of said Lot 3; Thence westerly along the south line of said Lot 3 to its O intersection with the easterly line of Lot 4, Block 143, Jovita Heights; Thence southerly and southwesterly along the easterly line of Lots 4 through 13, inclusive, to the most northerly corner of u� Lot 26, Block 143, Jovita Heights; G Q7 Thence southeasterly along the northeasterly line of Lots 26 (O through 35, inclusive, to the northeast corner of Lot 35, Block 143, Jovita Heights; Thence southwesterly to a point on the northwesterly line of Lot 360, Block 143, Jovita Heights, which is 250 feet northeasterly o= the southwest corner of said Lot 36; Thence southeasterly to a point on the south line of said Lot'36 which is 250 feet easterly of the southwest corner thereof; Thence South 00013131" West to the intersection with the north line of the South 1/2 of the Northwest 1/4 of Section 35, Township 21 North, Range 4 East, W.M.; Thence easterly along said north line to its intersection with the northerly extension o€-a line which is 120 feet easterly of and parallel with the west line of Lot 8, 3lock 18, C. D. Hilman's Pacific City Addition to City of Seattle, Division No. 1, according to the plat thereof unrecorded in Volume 13 of Plats, page 64f records of King County, Washington; Thence southerly along said northerly extension and said parallel line to its intersection with the south line of said Lot 8; Thence westerly along said south line to the northeast corner of Lot 5 of said Block 18; Thence southerly along the ease line of said Lot 5, a distance Jf 100 feet; i I -- 4 - Thence sou`l'iwesterl'y Co the int"3eCtiOn Of the east lire of Lot 4 of said Block 13, with a line 150 feat northerly of and oacallel with the south line o` said Lot 4; Thence westerly alor_c said parallel lane to its intersection with the west line of said Lot 4; _ Thence southerly along said west line to the southeast corner of Lot 3 of said Block 18; Thence westerly along the south line of said Lot 3 to its intersection with the northerly extension of the west line of Lot 11, Block 17, of said C. D. Hilman's Pacific City Addition to City of Seattle, Division NO. 1; Q Thence southerly along said northerly extension and the west line of said Lot 11 to its intersection with a line which is 150 Feet southerly of and parallel with the north line of said Lot 1' e� L� Thence easterly along said parallel line to its intersection with the west line of Lot 10 of said Block 17; Thence southerly along said west line to the northwest corner of Lot 5 of said Block 17; Thence easterly along the north line of said Lot 5 to the northeast corner thereof; Thence southerly along the east line of said Lot 5 to the northwest corner of Lot 6 of said Block 17; Thence easterly along the north fine of said Lot 6, a distance of 240 feet; Thence southerly to_a point on the south line of said Lot 6 which is 275 feet easterly of the southwest 7o rner thereof; Thence southerly at right angles to the south line of said Lot 6, a distance of 30 feet_ to the north line of the South 1/2 of the Southwest 1/4 of said Section 35; Thence westerly along said north line to a point which is 350 feet easterly of the west line of the East 1/2 of the said Southwest 1/4; Thence southerly to a point on the north line of the South 1/2 of South 1/2 of the said Southwest 1/4 which is 450 feet easterly (as measured along said north line) of the said west line of the East 1/2 of the Southwest 1/4; Thence southerly to a point on the south line of said Section 35 which is 600 feet easterly of the southwest corner of the said East 1/2 of the Southwest 1/4; V - 5 - Thence westarl_� along said south line of said Section 35 which is also the north line of Section 21 Township 20 North, Range 4 East, W.M., to the intersection with the north margin of Puget Sound Electric Railway right-of-way (Puget Sound Power and Light r',omnany riglt- -of-way); Thence southwesterly, westerly and northwesterly -along the north margin of the Puget Sound Electric Railway right-of-way (Puget Sound tower and Light Company right-of-way) to the intersection with the north line of Section 3, Townshi_: 20 North, Range 4 East, W.M., which is also the south line of Saction 34, Township 21 North, Range 4 East, W.M.; Thence westerly along the south line of said Section 34 and continuing westerly along the south line of Section 33 and Section 32 to the southwest corner of Section 32, Township 21 North, Range 4 East, W.M.; Thence northerly along the west line of said Section 32 to the intersection with the southwestern boundary line of King County; Thence northwesterly along said southwestern boundary of King County through Section. 31 and Section 30, Township 21 North, Range 4 East, W.M., to its intersection with the west line of said Section 30, said west line also being the east line of Section 25, Township 21 North, Range 3 East, W.M.; Thence con';inuin; northwesterly along the southwestern boundary o� King County through Sections 25, 24, 23 and 14, Township 21 t;ortla, Range 3 East, W.M., to its intersection with the west line of said Section 14; also being the east line of Section 15, Township 21 North, Range 3 East, W.M.; Thence continuing northwesterly along the southwestern boundary of King County to its intersection, with the west line of Government Lot 2 in -aid Section 15; Thence northerly along said west line of Government Lot 2 in said Section 15 to the northwest corner of said Government Lot 2; Thence easterly along the north line of said Government Lot 2 of Section 15 to :.ts intersection with the east line of said Section 15, said east line also being the west line of Section 14, Township 21 North, Range 3 East, W.M.; Thence continuing easterly along the north line of the Southwest 1/4 of the Northwest 1/4 of said Section 14 to the northeast cocaec of. said Southwest 1/4 of the Northwest 1/4 of Section 14, said point also being the southwest corner of the Northeast 1/4 of the uor,h ost 1/4 of said Sect?.on 14; - 6 - Thence no. the :'_y along the west line of said mor.t:^east 1/4 of the Northwest 1/4 of Section 14 to the northwest corner of said Norte:east 1/4 of the Northwest 1/4 of Section 14, said point also being the southeast cornea of the Southwest 1/4 of the Southwest 1/4 of Section 11, Township 21 North, Range 3 East, W.M., Thence westerly along the south line of said Section 11 to the southwest corner of said Section 11, said point also being the southeast corner of Section 10, Townshio 21 North, Range 3 East, w.M.; Thence continuing westerly along the south line of said Section 10, a distance of 554.34 feet; Thence northerly paral.le l to the east line of said Section 10 to the southerly ,;,argin of Ingram Drive, also known as Southwest 316th Place, as it existed September 1, 1981, 30•feet in width; Cat ' Thence northeasterly along said southern margin of Ingram Drive to a point of intersection with the east line of said Section 10, also being the west line of Section 11, Township 21 Nor:;t, s C Range 3 East, W.M.; Thence southerly along the west line of said Section 11 to the northwest corner of the Southwest 1/4 of the Sout^west 1/4 of said Section 11, said point also bein_; the southwest corner of the Northwest 1/4 of the Southwest 1/4 of said Section 11; Thence easterly along the south line of said Northwest 1/4 of the Southwest 1/4 of Section 11 to the west line of the East 1/2 e£ said Northwest 1/4 of the Southwest 1/4 of said Section 11; Thence northerly along said west line of the East 1/2 of the Northwest 1/4 of the Southwest 1/4 of said Section 11 '0 its intersection with the centerline of Puget Sound Marine View Drive, also known as Southwest Dash Point Road; Thenc:- easterly and southeasterly along the centerline of Puget Sound Marine View Drive (Southwest Dash Point Road) to its intersection with a line which lies 60 feet east of and parallel to "hs west lire of the Northeast 1/4 of the Sou,: -west 1/4 of said Section 11; Thence northerly along said line 60 feet east of and _.nrallel to the west line of the said Northeast 1/4 of the Southwest 1/4 to the East-West centerline of said Section 11; Thence easterly along the east -west centerline of sc,;tion 11 to a point 596.65 feet west of the southeast corner of the Northwest 1/4 of said Section 11; T4 a N rd L7 G X - 7 - Thence northerly along the west line of the east 596.65 Eeeh of said Northwest 1/4 of said Section 11 to its intersection with th; south line of Dumas -:eights, according to the plat thereof recorded in Vo1u e 63 of Plats, gage 17, Records of King County, Washington; Thence easterly along said south line of Dumas Heights -to its intersection with the east 3.ine of said Northwest 1/4 of said Section 11; Thence south along said east line of the Northwest 1/4 of said Section 11 to the southeast corner of said Northwest 1/4 of Section 11, said point also being the southwest corner of the Northeast 1/4 of said Section 11; Thence easterly along, the south line of the Northeast 1/4 of said Section 11 to its intersection with the west line of Government Lot 1 of said Section 11; Thence northerly along said west line to its intersection with the south line of Lot 16, Schade Palisade Beach Estate, according to the plat thereof; as recorded in the Volume 68 of Plats, pages 51 and 52, Records of King County, Washington; Thence westerly along said south line of said Lot 16 and the south lines of Lots 15, 14, and 13, to the most westerly line of sale. Plat of Schade Palisade Beach Estate; T'-ence northerly along said west line of said Plat of Schade Palisade Beach Estate to the line of high t•.ide of Puget Sound; Thence northeasterly along said 'nigh tide line to its intersection with the north line of -Section 12, Township 21 North, Range 3 F..vt, W.M.; Vence easterly along the north line of said Section 12, also being the south line of Section 1, Towns::ip 21 North, Range 3 East, W.M., to the North -South centerline of said Section 1; Thence northerly along the North -South centerline of Section 1, Township 21 North, Range 3 East, W.M., to the Government Meander Line, also the northwest corner of Government Lot 2 in said Section 1; Thence easterly along the Government Meander Line, also being the north line of Government Lot 2 and Government Lot 1 in said Section 1, to the Meander Corner on the east line of said Section 1, als^ being the west line of Section 6, Township 21 North, Range 4 East, 4;.M.; Thance northerly along the west line of said Section 6 to the line of Extreme 'Low Tide of Puget Sound; 0 -a- Thence easterly and nor.theastarly along said line of extreme Ina tide of Puget Sound to its intersection with the east line of said Section o; Thence southerly along said east line of said, Section 6 to its intersection with the Government Meander Line, said point also being the intersection of the Government -Meander Line and the west line of Government Lot 4 in Section 5, Township 21 North, "ange 4 East, 4.M.; Thence northeasterly along said Government Meander Line to its intersection with the north line of Government Lot 4 in said Section 5, also being the sel,th line of Government Lot 5 of Section 32, Township 22 North, Range 4 East, W.M.; Thence northeasterly and northerly along said Government Meander ® Line to i;.s intersection with the north line of Section 321 Township 22 North, Range 4 East, W.M., said line also being the south line of Section 29, Township 22 North, Range 4 East, W.N.; Thence continuing- northerly along said Government Meander Line ,A to is intersection with the East-West centerline of said Section ••, 29; ® Thence westerly to the westerly line of the Second Class Tidelands of Puget Sound; Thence northerly along said westerly line of the Second Class Tidelands of Puget Sound to its intersection with the westerly extension of a line 480 feet north of and I - -allel with the iouth line of Government Lot 2 in said Section 29; Thence easterly along said westerly extension of said line which is 480 feet north -ef and parallel with the south line of Government Lot 2 in. Section 29 to its intersection with the shoreline of Puget Sound; Thence generally northerly along said shoreline fronting Government Lots 2 and 1, Section 29, Township 22 North, Range 4 East, W.M., Government Lots 3. through 4, Section 20, Township 22 Nor:h, Range 4 Gast, W.M., and Government Lots 4, 3 and 2, Section 17, Township 22 North, Rance 4 East, W.M., to its i,ncersection with the south line of the north 439 feet of said Government Lot 2, Section 17; Thence easterly along said .south line to its intersection with � the centerline of Marine view Drive; i Thence southerly along said centerline tc the centerline of South 230th Street; - 9 - Thence easterly along said centerline to its intersection with the west line of the west 200 feet of Tract 50, Des Moines 2-Acre Tracts..accocding t0 `_lie 7iat there Of recorded in Volume 10, page 67, records of King County, Washington, extended northerD; Thence southerly along said northerly extension and said Kest line to the south line thereof; Thence easterly along said south line to -the east line thereof; Thence northerly along said east line and said east line extended northerly to its intersection with the centerline of South 230th Street; Thence easterly along said centerline to its intersection with centerline of loth Avenue South (Bay View Avenue); G. Thence southerly along said centerline to the south line of said I Des I%,;;ines 2-Acre Tracts; O CZ Thence westerly along said south line to its intersection with •_ the east line of the north 497.75 feet of the NW 1/4 of the SW 1/4 of the SE 1/4 of Section 17, Township 22 North, Range 4 East, 4:.M.; Thence southerly along said east line to the south line thereof; ' I I Thence .iesteriy along said south line to its intersection with i the centerline of Marine View Drive South; } Thence southerly and southeasterly along said centerline to its intersection with the westerly extension of the northerly margin I of South 240th Street; III Thence easterly along said westerly extension and said northerly margin to its intersection with the west line of the east 400 feet of the SE 1/4 of the SE 1/4 of Section 17; Thence southerly along said west line to the south line thereof; Thence easterly along said south line to its intersection with the northerly extensions of the north -south centerline of Block 2, Des Moines waterfront Addition, according to the plat thereof , recorded in Volume 4, page 96, Records of King County, Washington; Thence southerly along said northerly extension and said {. centerline to its intersection with the north line of College Place, according to the plat thereof recorded in Volume 70, page '. 62, Records of King County, Washington; i Thciice easterly along said north line to the east line thereof; �fviLYl��- 10 Thence southerly along said east line and said line extended southerly to Lhe centerline of South 242nd Street; thence westerly along said centerline to its intersection with the 1 Lk rlv extension of• the east lint of Block 40 of said Plat of Des Pioines Waterfront Addition; Thence Southerly along Said northerly extension, said east line and said line extended southerly to its intersection with the centerline of South 244th Street; Thence westerly along said centerline to its intersection with the centerline of'llth Avenue South (Packwood Street) as platted in First Railroad Addition to Des :Moines according to the plat thereof recorded in Volume 4, page 90, Records of King Countv, Washington; Thence southerly along said centerline to its intersection with the centerline of South 249th Street as platted in said plat; Thence westerly along said centerline to its intersection with 0 the centerline of loth Avenue South; i Thence southerly along said centerline to its intersection with the north line of the SW 1/4 of the SE 1/4 of Section 20, j Township 22 North, Range 4 East, W.M.; Y� Thence easterly along said north line to the east line thereof; i Thence southerly along said east line and the east line of W 1/2 of the NE 1/4 o Section 29, Township 22 North, Range 4 East, W.M., to its intersection with the centerline of South 264th Street; Thence easterly along said centerline to its intersection with the northwesterly extension of the west line of Lot 1 of the Plat of. woodmont Park, Division No. 1, as recorded in Volume 25 of Plats, page 48, records of. King 17ounty, Washington; Thence southeasterly along said northwesterly extension to the northwest corner of [.ot 1; Thence southwesterly and southerly along the west line of Lots t 1, 2., 3, 4, 5, and 6 of said Wcodmont Park, Division No. 1, and l the souti, rls extension of the west line of said Lot 6 to its intersection with the centerline of South. 268th Street; Thence easterly along said centerline to its intersection with the northerly extension of the north -south centerline of Block 39, Woodmont Beach, accocding to the plat recorded in Volume 22, page 30, Records of King County, Washington; Thence southerly along said northerly extension said north -south ; centerline, -said centecline extended southerly, north -south centerline of- Block 47 of said plat to its intersection with the north line of Lot 15 of said Block 47; Thence easterly along said north line along said line expended past�2rlv to the centerline of 16th Avenue South; Thence southerly along said centerline to its intersection with the centerline of South 272nd Street; Thence easterly along said centerline to its intersection with the centerline of Pacific Highway South; Thence southwesterly along said centerline to its intersection with the north line of the S 1/2 of the NW 1/4 of the NW /4 of Sectir.n 33, Township 22 North, Range 4 East, W.M.; Thence easterly along said north line and -.he north line of the S 1/2 of the W 1/2 of the W 1/2 of the NE 1/4 of the NW 1/4 of said Section 33 to the east line thereof; I Thence southerly along said east line to the north line of the NE 1/4 of the NW 1/4 of the SE 1/4 of the NW 1/4 of said Section 33; T''ne ce easterly along said north line to the northeast corner thereof; [ Thence S 26°2:'20" S, 292.22' to the most westerly corner of Lot 10, Unrecorded Plat of Redondo Heights (most northwesterly corner of Scarborough Division No. 2 according to plat recorded in Volume 132, pages 47 and 48, Records .of King County, Washi^gton); Thence North 52°16'20" East along the northwest line of said Lot In (northwesterly line of Scarborough Division No. 2) and its northeasterly extension 1,138,20 feet to its intersection with the centerline of South Star Lake Road, also known as King County Road No. 1969; 'thence northwesterly along the centerline of South Scar Lake Road to its intersection with a line extended southwesterly at right angles to the northeastern margin of South Star Lake Road f from the most westerly corner of Lot 2 in said Unrecorded Plat; i t Thence North 53029'55" East, as measured at right angles to the northeasterly margin of Star Lake Road, a distance of 30.00 feet � to said northeasterly margin and said most westerly corner of I Lot 2; j Thence North 48057'1,4" Fast, a distance of 743- 27 feet rlong one northwest line of said Lot 2; t M - 12 - Thence North 87036'30" West, a distance of 286.48 feat; Taence North 48357114" East, a distance of 442.29 feet to the south margin of South 272nd Street; Thence South 87036'30" East along said south margin a. distance of 327.80 feet to the west margin of Interstate Highway No. 5; -ence northerly along said west margin 50 feet more or less to its :ntersection with the north line of said Section 33 w'_n.ich is also the south line of Section 28, Township 22 North, Range 4 East, W.M.; i Whence South 87036'30" East along said south line a distance of 375 feet more or less te: the northerly extension of•the eastern margin of Interstate Highway No. 5; Thence southerly along the northerly extension of said eastern margin a distance of 50 feet more or less to the southerly line of said eastern margin; � Thence easterly, northerly, westerly and northerly along the east margin of said Primary State Highway No. 1 also known as .� Interstate Highway No. 5, to the north line of the ,South 1/2 of the Southeast 1/4 of said Section 28; :hence easterly along said north line to the east line of said Sectio<< 28 which is also the west line of Section 27, Township 22 North, Range 4 East, W.M.; Thence continuing easterly along the north line of the South 1/2 i of the Southwestrl/4 of said Section 27 to the north -south centerline of said Section 27; ! Thence southerly along said North -South centerline to the south I line of said Section 27 and the 1/4 corner common to said Section 27 and Section 34, Township 22 North, Range 4 East, W.M.; Thence easterly along the north line of said Section 34 to its intersection with the north margin of South 272nd Street; Thence easterly along said north margin to the east line of the Northwest 1/4 of the Northeast 1/4 of said Section 34; i Thence southerly along said east line to the south line of said Northwest 1/4 of the Northeast 1/4; } Thence westerly along said south line to the North -South centerline of -said Section 34; ; � k ' 4 • •I - 13 - Thence southerly along said North -South centerline to the north lire o`_ the Southwest 1/4 0£ the Northwest 1/4 of the Southeast 1/4 of said Section 34; Thence easterly along said north line to the west line of the East 1/2 cf the Northwest 1/4 of the Southeast 1/4 of said Section 34; Thence northerly along said west line to the East-West centerline of said Section 34; Thence easterly along said East-West centerline to east line of said Section 34 which is also the west line of Section 35, Townshia 22 North, Range 4 East, W.M.; Thence southerly along the west line of said Section 35 to the south line of the North 1/2 of the North 1/2 of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 Of said Section 35; C� Thence easterly along said south line to the west line of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said O Section 35; Thence southerly along said west line to the north line of the L7 South 1/2 of the Southwest 1/4 of the Southwest 1/4 of said p Sectio~=. 35; w Thence easterly alone said north line to the east line of the west 130 feet of the Southeast 1/4 of the Southwest 1/4 of said Section 35; Thence southerly along said east line to the north line of the south 300 feet of the Southwest 1/4 of the Southwest 1/4 of said Section 35; Thence easterly and parallel with the south line of said Section 33 to the east line of Southwest 1/4 of the Southwest 1/4 of said Section 35; Thence continuing easterly on a line extended a distance of 170 feet to a point lying 300 feet north of the south line of said Section 35; Thence southerly and parallel with the west line of said Section 35 to the north line of Section 2, Township 21 North, Range 4 East, W.M.; Thence continuing southerly parallel with centerline of 56th Avenue South a distance oL 300 feet; Thence easterly and parallel with north line of said Section 2, a distance of 90 feet; I - 14 - Thence southerly and parallel with centerline of 56th Avenue South, a distance of 150.96 feet; Thence easterly and parallel with north line of said Section 2 to the we3t line of the Northeast 1/4 of said Section 2; Thence northerly along said west line to a point lying 351.12 feet south of north line of said Section 2; Thence east along a line 351.12 feet south of and parallel to the north line of said Section 2 to a point 1,108.8 feet west of the east line of said Secti,-n 2; Thence south along a line 1,108.3 feet west of and parallel to the east line of said Section 2 to the intersection of a line 1,236 feet north of and parallel to the south line of the Northeast 1/4 of said Section 2; Thence easterly parallel to the south line of said Northeast 1/4 to a point 778 feet west of the east line of Northeast 1/4 of said Section 2; #Z Thence southerly parallel to the east line of' said Northeast 1/4 V4 to the intersection with the northern margin of Meredith Road (95th Avenue South) ; Thence easterly along the north margin of Meredith Road (65th Avenue Sov.h) and the easterly extension of said north margin to the east line of the Northeast 1/4 of said Section 2; OD Thence southerly along said east line to a point lying 1,036.20 feet north of the southeast corner of the Northeast 1/4 of said Section 2; Thence westerly parallel to the south line of said Northeast 1/4 a distance of 1,141.80-feet; Thence southerly along a line parallel to the east line of said Northeast 1/4 to its intersection with the north line of the south 835.56 feet of the Southeast 1/4 of the Northeast 1/4 of said Section 2; Thence easterly along said north line to its intersection with the east line Qf said Section 2; Thence southerly along said east line to the northeast corner of the Southeast 1/4 of said Section 2; Thence continuing southerly along the east line of said Southeast 1/4 to its intersection with the north lin• of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of -said Section 2; 1 0 IH - 15 - Thence westerly along said north line to its intersection with the east line of the west 130 feet of the said South 1/2 of the Southeast 1/4. of the Northeast 1/4 of the Southeast 1/4; T:ience southerly along said east line to its intersection with the north line of the Southeast 1/4 of the Southeast 1/4 of said Section 2; Thence westerly along said north line to its intersection with the east line of the Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of said Section 2; Thence southerly along said east line to its intersection with the south line of the said Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4; T'-!ence westerly along said south line to its intersection with the east line of the west 1/2 of the Southeast 1/4 of said Section 2; Thence southerly along said east line to its intersection with the south line of said Section 2, which is also the north line of S•sction 11, Township 21 North, Range 4 East, ;d.M.; Thence con-,iruing southerly along the east line of the Northwest 1/4 of the Northeast 1/4 of said Section 11 to the south line _ .er^of ; llit lice wt:sLeriy along til south ilile Of tLle Northwest 1/4 Of the Northeast 1./4 of said Section 11 to the North -South centerline of said Section 11; Thence continuing westerly along the north line cf the Southeast 1/4 of the Northwest 1/4 of 'said Section 11 to the -west line thereof; Thence southerly along the west line of said Southeast 1/4 of to Northwest 1/4 to the East-West centerline of said Section 11; Thence easterly along said East-West centerline to the east line of the Northwest 1/4 of the Southeast 1/4 of said Section 11; Thence southerly along the east line of said Northwest 1/4 of the Southeast 1/4 to the south line thereof. Thence continuing southerly along the east line of the Southwest 1/4 of Southeast 1/4 of said Section 11 to the south line of said Section 11, also being the north line of Section 14, Township 21 North, Range 4 East, W.M.; - 16 - Thence continuing_ southerly along the Past line of Northwest 1/4 of Northeast 1/4 0£ said Section 14 to the southeast corner thereof; _ Thence westerly along the north line of the Southwest 1/4 of the Northeast 1/4 of said Section 14, a distance of 39.1 feet to the :northwest corner of Lot 1, Plat of Hi -Crest as recorded in Volume 59 of Plats, rage 32, records of Xing County, Washington; Thence southwesterly along the westerly line of said Plat and Plat of Hi -Crest No. 2 as recorded in Volume 64 of Plats, page 53, records of king County, Washington, to the southwest corner of Lot 9 of said Hi -Crest No. 2; Thence easterly along the southerly line of said Lot 9 and the easterly projection thereof 210.0 feet; Thence South 12155115" West to the centerline of Ht. View Drive; Ther=ce southerly and westerly along the centerline of Mt. View ri Drive to the west line of Southeast 1/4 of Section 14, Township 21 North, Range 4 East, W.M., also being the east line of the Southwest 1/4 said Section 14; Thence southerly along said west line 264.69 feet; .n �} ;hence westerly along the easterly extension of the south line of Tract 73 and the southerly lines of Tracts 73 and 74 of West Auburn Five Acre Tracts as recorded in Volume 15 of Plats, page 12, records of Xing County, Washington, to the east line of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of said Section 14; Thence southerly along the east line of said West 1/2 of the Southeast 1/4 of the Southwest 1/4 to the south line of said Section. 14, also being the north line of Section 23, Township 21 North, Range 4 East, W.M.; Thence . _:sterly along the north line of said Section 23 to its intersection with the centerline of Grand View Boulevard, also known as 56th Avenue South, to the POINT OF BEGINNING. -- " Ohl r7rt Guuy M9011 WAY WATERan CcWcb Dine SEWER DIVISION P. 0. Box 4249 Ft4etal Way, WA 98063 WHEN RECORDED RETURN TO: :11arren, Kellogg, Barber, Dean & Fontes, P.S. Attorneys at Law P.O. Box. 626 Renton, WA 98057 DEED OF TRUST - THIS DEED OF TRUST is made between PARKLANE VENTURES, INC., a ;:,;s hi ngton corporation, Grantor, whose address is 31620 - 23rd Ave. 98003, CHICAGO TITLE INSURANCE COMPANY, a South, Federal Way, WA HL EXCAVATING, INC.,PROFIT SHARING PLAN corporation, Trustee, and KO LN' WashinRton� corporation, Washington Benefici �ryand whose14EVA address isA3330TIN EastValley :.. g . Road, Renton, WA 98055. WITNESSETH: Grantor hereby bargains, sells and conveys to Trustee in Trust, with power of sale, the following described real property in King County, Washington: Sce legal descriptions attached hereto as Attachment "A" which real property is not used principally for agricultural or farming purposes, together with all tenements, hereditaments, and appurtenances now or hereafter thereunt❑ belonging or in any wise appertaining, and t:,e rents, i-,.6ues and profits thereof. This deed is for the purpose of securing performance of each s� ein contained, and payment of the sum of Eight agreement of Grantor her G;riundred Thirty Thousand Five Hundred Dollars ($830,50b.0D), with rr: interest, in accordance with the terms of a promissory note ["Note"] of -ever_ date herewith payable to Beneficiary or oresr, and made y '=Grantor, and all renewals, modifications and extensions thereof, and -- also such further sums as may be advanced or loaned by Beneficiary to c : :• Grantor, or any of their successors or assigns, together with interest s thereon at such rate as shall be agreed upon. To protect the security of this Deed pf Trust, Grantor covenants and agrees: 1. To keep the property in good condition and repair; to permit no waste 'thereof; to complete any building, structure or improvement 'being built or about to be built thereon; and to comply with all laws, ordinances, regulations, covenants, conditions and restricticns affecting the property. DEED OF TRUST PAGE - 1 0RiG1NI oc•y} 04 Boo SGS0�38 AM05 a11R " UOts3 ZSLT-U:90f6 3. The Trustees shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto on written request of the Grantor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled there":o. 4. Upon default by the Grantor in the payment of any indebtedness secured hereby or in the performance of any agreement cont�.ined herein, all sums secured hereby shall immediately become due -and payable at the option of the Beneficiary. -In such event, and upon the written request of the Beneficiary, the Trustee shall sell the trust property, in accordance with the Deed of Trust Fact of the State of Washington., at public auction to the highest bidder. Any person Except Trustee may bid at trustee's sale. Trustee shall apply the proceeds of the sale as fc?.lows: (1) to the expense of Salo, luding a reasonable Trustee's fee and Attorney's fee; (2) to the obligation secured by this' Deed of Trust; (3) the surplus, if any, shall be di_stribut?d to the persons entitled thereto. 5. The Trustee shall deliver to the Purchaser at the sale its deed, without warranty, which shall convey to the Purchaser the interest in the property which Grantor had or had the power to convey at the time of his execution of this Deed of Trust, and such as he may :L have acquired thereafter. The Trustee's Deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this feed of Trust, which recital shall be 1-4 � prima facie evidence of such compliance and conclusive evidence the .,� in favor of bina fide purchasers and encumbrances for value. 6. The power of sale conferred by this Deed of Trust and by the C7 Deed of Trust Act of the State of Washington is not an exclusive ':'I remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage. 7. in the event, of the death, incapacity or disability or resignation of Trustee, Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the mortgage records of the county ip, which this Deed of Tress is ricerded, the original successor trustee shall be vested with all p art hereto of trustee. The trustee is not obligated to notify any party action or pending sale under any other Deed of Trust or of any proceeding in which Grantor, Trustee Beneficiarht by the T usiee,be a party is brow unless such action or proceeding g 8. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their heirs, devisees, legatees, administrators, executors, successors and assigns. i The term Beneficiary shall mean the holder and owner of the note secured hereby, whether or not named as Beneficiary herein. OZED OF TRUST PAGE - 3 9. Subject to the provisions of Paragraph la relating to partial reconveyance, if the Property, or any part thereof, is sold, conveyed, transferred, encumbered, or full possessory rights therein transferred, or if a controlling interest in Grantor (if a corperation) or a general partnership interest in Grantor (if a partnership) is sold, conveyed, transferred or encumbered, without the prior written consent of the Beneficiary, then Beneficiary may declare all sums secured by the Deed ❑f yrast immediately due and payable, or at its sole option it may so consent and may increase the interest rate of said loan to such rate as Beneficiary shall request. -such increase in interest shall entitle Beneficiary to increase monthly payments on the loan so as to retire the obligation within the original stipulated time. This provision shall apply to each and every sale, transfer, conveyance or encumbrance regardless of wbetber or not Benef iciary has action or waived w th any rights, whether by acion or non -action, previous sale, transfer, conveyance or encumbrance, whether one or more. j� 10. Following the recording of �.4�-M final plat for the Heritage Woods Subdivision (the "Subdivision"), and satisfaction by Grantor of the obligations set forth in the Peal Estate Contract between Federal Way School. District No. 210, as Seller, and Grantor, as Purchaser, relating to the partial reconveyance or deed release, Grantor shall be entitled to receive a. partial reconveyance of specified lots within the Subdivision from time to titre at the discretion of Parklane upon payzent to Beneficiary by check made payable to them faintly of the sum ; � of $1Q,JOa.00 per let to be __conveyed, which sum shall be applied to L'7 the accrued int•=rest and principal balance due on the promissory note. r- D 11. Notwithstanding anything to the contrary which may be contained herein, Grantor shall not be personally or corporatel default liable to pay the obligations set forth herein by reason of any hereunder; provided, however, that rnthing contained in this paragraph ashall kimit or impair the enforcement against the property encumbered by this Deed of Trust. DATED: _Mfty ,� O 1993 . J41 F Par a F DEED OF TRUST PAGE - 4 By V /C By r•: cl M ci I I PROVINCE OF BRITISH COLUMBIA ) ss. CANADA 1 I certify that I know or have satisfactory evidence that ARTHUR CHRIS NIEMAN signed this instrument, on oath stated that he was authorized to execute the instrument as the Vice -President of PARKLANE VENTURES, INC., and acknowledged it to be the free and voluntary act and deed of said corporation, for the uses and purposes mentioned in the instrument. WITNESS my hand and official seal hereto affixed on June 1993. Co: %05 4 (XT054 X 5 V) 17Tn d Pry. mee him 24, 1993 M. J. WENAUS ,' /Notary Public in and for the (/ Province of British Columbia My appointment expires rah-K MANENT COMMISSION REQUEST FOR FULL F.ECONVEYANCE TO: TRUSTEE. �- - - - - - - - - - ----�- - - The undersigned is the legal owner and holder of the note and all other indebtedness secured by the within Deed of Trust. Said note, together with all other indebtedness secured by said Deed of Trust, has been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note above mentioned, and all other evidences of indebtedness secured by said Deed of i•rust delivered to you herewith, together with the said Deed of Trust, and to convey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you thereunder. DATED: D5.13:04:5/04/93:dk DEED OF TRUST PAGE - 6 7 Aft ATTACEiMENT "A" PARCEL 1: school Site Parcc'. PARCEL A: THE EAST 412.50 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST W.M., IN ICING COUNTY, WASHINGTON; EXCEPT THE souTH 15.00 FEET OF THE FAST 82.5 FEET THEREOF. PARCEL B: A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST W.M., IN ICING COUNTY, WASHINGTON, MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, SAID POINT BEGINNING FURTHER DESCRIBED AS BEING THE CENTER OF SAID SECTION 33; THENCE SOUTH 68023'32" EAST ALONG THE NORTH LINE OF SAID SUBDIVISION, 1,182.95 FEET TO THE NORTHWESTERLY MARGIN OF MILITARY ROAD; THENCE ALONG SAID MARGIN THE FOLLOWING THREE COURSES AND L7 DISTANCES: i- SOUTH 35023103" WEST, 1,505.93 FEET; SOUTH 38018156" EAST, 24.04 FEET; :7 SOUTH 35°23'03" WEST, 72.13 FEET TO THE SOUTH LINE OF SAID :J NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33; J THENCE NORTH 88018'56" WEST, ALONG SAID SOUTH LINE, 313.76 FEET •� TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTH 01903'40" EAST, ALONG THE WEST LINE OF SAID SUBDIVISION, 1,316.36 FEET TO THE TRUE POINT -OF BEGINNING; EXCEPT THAT PORTION OF THE SOUTH 65.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 33, LYING BETWEEN OLD AND NEW MILITARY ROADS; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE OLD MILITARY ROAD AS ESTABLISHED PRIOR TO JANUARY 14, 1993, THE DATE OF THE DEED CONVEYING KING COUNTY A RIGHT OF WAY FOR THE REVISION OF SAID ROAD; EXCEPT A 10 FOOT STRIP OF LAND CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 3035989, ADJACENT TO THE RIGHT OF WAY FOR OLD MILITARY. ROAD; TOGETHER WITH THE SOUTH 15 - 00 FEET OF TILL EAST 32.5 F.L'.zETT' OF THE NORTHEAST QUARTER OF THE SOLTnviEST QUARTER OF SAT7 SECTION 33; AND TOGETHER WITH THAT PORTION OF VACATED "OLD" MILITARY ROAD, ALSO KNOWN AND JOHN ICE COUNTY ROAD NO. 127 AND ALSO KNOWN AS HOLST ROAD, VACATED BY KING COUNTY ORDINANCE NO. 3055, RECORDED UNDER KING COUNT:' RECORDING YO. 7702140525, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF "OLD" MILITARY ROAD, ALSO KNOWN AS JOHN RICE =er Ci L7 r4 O C7 COUNTY ROAD Nu. 127, LYING SOUTHERLY OF THE, NORTH LINE OF THE' NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 33, LYING NORTHERLY OF THE SOUTH 65 FEET OF SAID SUBDIVISION. 2A!0k= III: PALZER PARCEL PARCEL C: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33,, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING A_' I'IIa SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 52016'20" EAST 773.45 FEET;. THENCE SOUTH 60000100" EAST 654.03 FEET; THENCE SOUTH 42058/0011 w Vcm 20-^..0-,' FEET TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE ON SAID SOUTH LINE NORTH 89041'75" WEST 1,042.00 FAZ= M&W THE POINT Or' BEGINNING; EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 52016'20" EAST 773.45 FEET; THENCE SOUTH 60000100" EAST 654.03 FEET; THENCE SOUTH 42058'00" WEST 134.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 42058100" WEST, A DISTANCE OF 70 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE ALONG SAID SOUTH LINE NORTH 89041'25" WEST, A DISTANCE OF 350 FEET; THENCE NORTH 42"58'00" EAST, A DISTANCE OF 240 FEET; THENCE SOUTHEASTERLY TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS A PORTION OF LOT 6, REDONDO HEIGHTS, ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL D: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 89041'25" WEST ALONG THE SOUTH LINE THEREOF 201.34 FEET; THENCE NORTH 42058'00" EAST 294.20 FEET; THENCE SOUTH 0'08'21" EAST ALONG THE EAST LINE OF SAID SUBDIVISION 216.68 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WITHIN THE MILITARY ROAD SOUTH RIGHT OF WAY; ns cn I ;;0;;;; LOT Win, RnuONDU HEIGHTS, ACCORDING TO THE , il UNRECORDED PLAT THEREOF; EXCEPT THAT PORTION THEREOF LYING WITHIN THE MILITARY ROAD SOUTH RIGHT OF WAY). ;r 9 PARCEL '•_I7 SO(:iH PARCEL ' PARCEL E: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 53034104" EAST 773.45 FEET; THENCE SOUTH 58042116" EAST 654.03 FEET; THENCE SOUTH 44015'44" WEST 134.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 44015'44" WEST, A DISTANCE OF 72.68 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE ALONG SAID SOUTH LINE NORTH 88-23141" WEST, A DISTANCE OF 350 FEET; THENCE NORTH 44015144" EAST, A DISTANCE OF 240 FEET; THENCE SOUTHEASTERLY TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS A PORTION OF LOT 6, REDONDO HEIGHTS, ACCORDING TO THE UNRECORDED PLAT THEREOF). ALL SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 1Jb @"7 Q �T W MO SL%t BY!Nlc%lasxcr NclghL :10-26-95 ; 3:SON (514) 954-4449- 514 874 2911:0 2/ 4 SnWaTME COWAM ................. ......... ....... FRAD FQJ4.%U=RQ AT 442QUWT OF U.1a war. r....Tll 1.9 . ..... ... . .. .... ... ... ................... ... . ......... ........ ........... . ...... . . ........ aw. vtmL re . �.*. A.' ?. 1 .16. *9. ...... . . : Escrow41029.� 1 . ................................ LI) C14 r� assignation and Appolnim9ni of Succasser T.rusfts C KNOW ALL MEN BY THZS12 FRUZVM: I L"2 'j'g'w. -T .......... ......... . ...... ---------- CHICAGO TITLE INSURANCR COMPANY ..... ...... fll"AA Ito" un" ow @(-ft.Z onuomw Q) ................... ... AGO TITLE TNSURANCR COMPANY ........... 8 tRFA;ZA J. TIT! ?I- Lr"CV Iva rVoWd III an ea If'JSJM by "fM It RESIGNATION . ...... .... thf upidemiRM4. UA%p i. ek. prfeem lie""Ary urAtr Awd tmd Ord. "Tre to Opp*% 8 rww 1fw0m in t1r DIAN ad dad at as VOW. THxTir"po". S. A. r g. room 15 TITLF C0.%1?kNy A' t201 3rd Are. io iimme all L)44 mwl� d'", Z;1-4 "Z�� IN WITNr" WKIMIKOF. 00 us&-tvirrA fwfto4;4ry has hommilt. "I Mp Ined" It 16 ow6migma is a curpwauan. A IN* • cow"d Rd ourporalm "no to Its 4eft-d WA .dfa.d hfflf@untn by il-10-f quilterisea ok ra TjATZZ): . .. .... 7 .. .......... it.. 95 3034518 CANADA INC., a Canal BY:— IjULAKul before me at the - CILy Ur MULLI.r=9 L", Province of Gbac 1:3tb day at Sept 'AyqS. District of 3031,526 CANADA :RC., rtw*" 3031--AD N a 'bMiWbirpwatian 4 (9' CHICAGO TITLE INSURANCE COMPANY FILED FOR RECORD AT REQUEST OF CH:CAGO TITLE INSURANCE COMPANY WI ILN' RECORDED RE"U'M 79 t� STEWART TITLE COMPANY till 1201 3RD AVE., SUITE 3800 �V SEATTLE, WASHINGTON 98101-3055 Attn: BETTY L. WALSTON Recon No.: 951C277 Reference No.: ESC NO. PARTIAL RECONVEYANCE The undersigned as trustee under that certain Deed of Trust, dated ,rune 30 t"1 PARKLANE VENTRUES, INC., A WASHINGTON CORPORATION O :D �i Ln is Grantor and n,1S SPACE PROVIDED FOR KWORDERS USE 41029515 _,1993 , in which .7) KOHL EXCAVAT:NG, INC., PROFIT SHARING PLAN ?.;D TRUST, A WASHINGTON TRUST, AND GENEVA DEVELOPMENT, INC., A WASHINGTON CORPORATION is beneficiary, recorded on June 30 1993 , as Auditor's File No. 9306301752 , in Volume of HMortgages, at page records of xING County, Washington, having received from the beneficiary under I sai,l Deed of Trust a written request to reconvcy a portion of the real property described in said deed, does hereby reconvey, C without warranty, to the persons) entitled thereto the right, title and interest now held by said trustee in and to that portion of A the real property described in said Dccd ofTrust, situatcd in {:NG County, Washington, as follows: 0 LEGAL DESCRIP"_'ION ATTACHED HERETO AS EXHIBIT "A" AND BY THIS REFERENCE IS MADE A PART IHEPEO=. T L E I N 5 U R A N C $ E = C C ICA TITLE INSURANCE COMPANY (Trustee) 0 M t` �a L A .. ail S . 1{rf B. N . ,......... 8 •' S� h t� C' 11+ BARBARA J. SANDIFER Y Dated DECEMBER 15, 1995 � �r,� lr' A'.9 + ASSISTANT VICE PRESIDENT _ fin. W � r SI':1li:OPwASIif`G"l'ON , I nl Y.:,IO 1 II WAS7'"�: I certify that 1 know or have satisfacl[Iry cviderice'lhLt BARBAfLA J. 5ANDIFER g is the persom who appuarcd ItcCcre me, and said person acknowledged that he/she signed this instrument, on oath stated Thal he/she was authorircd to ois culc the instrument and acknowledged it as ASSISTANT VICE PRESIDENT of CHICACiO TITLE 1.1,SURANCE COMPANY the free and voluntary act rlf such party for the uses and pu poscs in; tioned in the instrument. 0. J, DATED DECEMBER 15, 1995 Notary Public in and for the Stale of Washington, tq residing at SEATTLE, WASHINGTON 1 0 .Mv Hppoinlmenl expires EXiIBIT "A" LEGAL, DESCRIPTION - HERITAGE WOODS, PESSE I SCHOOL BOARD/KOHL EXCAVATING INCORPORATED That portion Of SeCtioD 33 r TOuship 22 10rr_%n,. Range 4 East,- Washington, more particularly_described as w.M., in ding county, yollo:s: cormercing at the center of said section 33, said point being a concrete monu=ent With Brass cap and Sears North 01003143" East, a distance of 2632.77 feet from tre South Quarter co^ e_ {Monument n Case} of sad Section 33 and t're true *)oir:t OfBegi~h:.ng; t:^e_nae South 8 8 ° 2S' 4 1" vast along the row t^ line of the South east Quarter of said Section 33, distance of 264.51 feet; thence 5outb 32614'47" East, a distance of 57. 54 feet; thence South 14.23' 2G" Past, a distance of �65.78 =eet to the begi;, ;ing of a curve to the Right from ...ic;. the radius point bears South 13 `0a';5" West, having e `sG�. r =� mac- c :Ci cei, ��zl a7y? a Of33"; t�SSi^e rc 1w'S Cf p an arc distance C! ZG'1.25 feet i. _ a to= nt of aic:,g laic c �- . _, ears North ch- Fro a which `he radius ao=;;t c:3rve t c e -, } - 45°0S,4S,, was` yhaving a radius of 25.00 feet and a central angle 0` 7 ° rii' 3 7." iy't :e_nce along said cu va an arc distance Of 30,55 feet; thence SO_ ° tn 77 50' 10'1 East, a aista.-sce of _40.73 feet; thence P;Crt`� 7❑°49''>6" west, a distance of 126.06 feet to said ±;ortz 14-e of the Southeast Quarter; thence South 86.23r41" East along said :;c=tr line a distance of 595.95 feet to an intersectio:% with the host :uasterlx -fight Of Y,'aa line of VeW Military Rrad South; t,`ience 5ou-h 35°22,32" West along the % thwesterly Right Of "ay line of New t,ilitary ncad South, being 50.00 _feet at right angles thereto the center line of New Military Road South Left Ta.-ice^t to a d- stance cf 528 .72 feet to the aeginning of a curve to t_2 said line fro7a which the radius point bears Ncrt�h 54 `3 7' 26" nest a distance of 25.00 feet and a central angle of 102'42'35n; `_ience an arc distance of 44.92 feet along said MJ-ve; -hence No=tt 71034' 2a" West, a distance of 106.23 feet to the begin 4 - c f a cute to the Left from which the radius point bears South 14 ° 11' ❑8" Test, having a radius of 25.00 feet and a central angle of 85006149"; thence along said curve, az ar'c distance of 37.14 feet; thence Forth 75010'34" west, a distance of 5o.lfr feet to the beginning of a c.:--vG to the Right from which' the radius point hears North 70v13106" West, having a radius of 300.00 feet and a central angle of 15035136"; thence along said curve, an arc distance of $1.65 feet; thence South 35022132" West tangent to said curve, a distance of 62.00 feet; thence North 54037128" West, a distanoe Of 145.00 feet; thence North 73.11100" West, a distance of 124.54 feet; thence South 72009104" Hest, a distance of 193.84 feet; thence No-th 89'16' 02" West, a distance of 69.23 feet; thence South 17031141" ZasC, a distance of 110.02 feet to the beginning of a CLrve c the Left, radial to said lino having a radius of 50.00 xee-��rM_a central a^g,e of 57°24146"; thence along said eur�'P an a:e min: as a: 53•'0 feet; --I)ence 1;orth 74`56'27" West radial to said is :e, a f 5s ). ce of 1G9.74 feet; thence North 3s•55'17" west, thenc a Scrth 01•"•3'43" East, a distance _:a^ce �` =�..CJ eat, r,. _,?,qg :earn :"once south 66056117" Ea St, a distance of 110.CO feet; thence *torch ❑1°03'43" -ast, a dicta.„Ce Cf 131.00 feet; ee -, e , �� a d � s�ance of 55 - 69 feet; -pence North thence North 03 07 47 Faso, - :;°13'C�s" a distance of id line, feetvi theng radius of 30000 carve. to the. Right, radial f w551 sine thence along sa` d ._u-ve an 2eet and a ce:tral an a_ 7 55 ZO ;to arc distance Of4of 130 �23 feet to the West 'line of theaEast said curve, a distance F the Souths�res t �"t� a 412.5 feet of the Northeast Quarter �` SectaRi?e3of 276 55 feet tonce North 0jool'43" East; the North est c r:�er afasaid East 'the 2-5 di5- ■ � the xiv7Cth Line of the feet; thence South 88 23 27 East alone of said Section 33, a Northeast Quarter of the Southwest Quarter Containing distance of 412.52 feet to the paint of Beginning. 19.12 Acres, mare or less. e;a! Description , Heritage 1/1/ngrjS, Phase I, Farkla_ ne Ventures Incorporated/Canada Incorporated. That portion of Section 33, Township 22 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: Commencing at the center of said section 33, said point being a concrete monument with Brass cap and Bears North 01 003'43" East, a distance of 2632.77 feet from the South Quarter corner (Monument in Case) of said Section 33; thence North 53034'04" East along the Northwesterly line of Tract 6, Redondo Heights unrecorded Plat, a distance of 495.11 feet to the True Point of Beginning D; thence continuing North 53°34'04" East, along said Northwesterly line, a distance of 278.34 feet; thence South 58°42'16" East, a distance of } 654.03 feet to the Westerly margin of old Military Road; thence South 44015'44" West along said Westerly margin, a distance of 207.55 feet to the So:.,th line of the Southwest Quarter of the Northeast Quarter of said Section 33; thence North 88023'41" West along said South line, a distance, of 449.44 feet; thence North 00049'56" West, a distance of 22.93 feet; thence North 24024'51" West, a distance of 32.97 feet; thence North 34009'20" West, a distance of 311.22 feet to the Northwesterly line Tract 6 and the True Point of Beginning D. Containing 5.06 acres, more or le:,s. 1 p Together with- Ln Commencing at the center of said section 33, said point being a concrete "I monument with Brass cap and Bears North 01 °03'43" East, a distance of .C14� 2632.77 feet from the South Quarter corner (Monument in Case) of said Section Ll 33; thence South 88°23'41" East along the North line of the Southeast Quarter of said Section 33, a distance of 112026 feet to the Easterly margin of Old Military Road and the True Point of Beginning E; thence North 44015'44" East along said margin of Old Military Road a distance of 294.70 feet to an intersection with the East line of the Southwest Quarter of the Northeast Quarter of said Section 33; thence -South 01°10'12" West along said East line, a distance of 47.70 feet to an intersection with the Westerly margin of New Military Road South, said point being 30.00 feet at right angles thereto the center line of New Military Road South; thence South 35022'32" West along said Westerly margin, a distance of 203.34 feet to said North line of of the Southeast Quarter of Section 33; thence North 88°23'41" West along said North line, a distance of 87,02 feet to the True Point of Beginning E. Containing 0.28 acres, more or less. Y 1 ]t i u Together with: Commencing at the center of said section 33, said point being a concrete monument with Brass cap and Bears North 01°03'43" East. a distance of 2632.77 feet from the South Quarter corner yvjonument in Case; of said Section 33 and the True Point of Beginning; thence North 53°34'04" East along the Northwesterly line of Tract 6, Redondo Heights Unrecorded Plat, a distance of 214.89 feet; thence South 34°09'20" East, a distance of 160.03 feet; t'rence South az°14'47' East, a distance of 2.49 feet to the South line of the Southwest Quarter of the Northeast Quarter of said Section 33; thence North 88023-41" West along said South line, a distance of 264.51 feet to the True Point of Beginning. Containing 0.40 Acres, more or less. Containing a total of 5.74 Acres, more or less. O pdef-pi.+xt Ln i HEN RECORDED RETUT:N TO: t o Barber Dean & Fontes, P.S. i yWarren, Kellogg, , } Attorneys at Law _ P.O. Box 626 Renton, WA 98057 Assignment of Deed of Trust GE.IEVA DEVET_IOPMENTS, INC. , a Washington For. value received. conveys, �"Ceneva"j, as Beneficiary, hereby grants, Y . corporation, assigns and transfers to KOHL EXCAVATING, se C. , PROFIT 33302East Valley TRUST, a Washington trust, ("Kohl�� f. interest under that certain i Road, Renton, WA 98055, all bene-xcial Trust, :"Deed of Trust"), dated June 30, 1993, executed by Deed of , a Wa=h;r ton corporation, Grantor, to Chicago PPT�T�T�,NE VENTURES,INC., `�' p and recorded on June 30, 1993, und Title Insurance Company, Trustee, ��' CU King Recording No. 9306301152, Records of King County, Washington, j �1— describing land therein as: CD See 'Legal description attached hereto Together with all Promissory Notes or other obligations therein t' 7 described or referred to, the mon.ev due and to become due thereon, With _ ur l.^.� g� i a r,--e yf Trust. �jli interest, and allrAb ab ruGa u or t�+ r'+�•-�uF This Assignment is executed and delivered to evidence the full E.' conveyance by Geneva to Kohl of all of its interest as Beneficiary under the Deed of Trust and all Promissory Notes or other obligations E therein described or referred to, and all rights accrued or to accrue under. the Dee"'of '�'-:�uC The Previous Assignment of Deed of Trust _ ! between the parties recorded under ring County Recording No. 9306301.75? 111Prev i.ous Ass ignment"1,_ is modified to the extent that i.t constituted an Assignment for the purpose of securing repayment of certain sums due p ' �' been p from Geneva to Kohl as stated therein, which sums have aic� in full and the assignment for purpose of security is by this document 1 acknowledged to have been fully satisfied. Kohl shall have no further obligation_ as stated in the Previous Assignment to reconvey any of its • interest as Beneficiary of the Deed of Trust to Geneva, or any other i party. DATED: Sept—erber 1993• Geneva Developments, In,. ' a Washington corporation L•/ By ,I2� Prdside i I ,�` 00 tc Nd 900 MOOR AM03 S*ix uu 00,,ji60 9,,So_:,Ois6 STATE OF W PSHINGTON ) ss COUNTY OF KING ) I certifv that I know or have satisfactory evidence ho s that Tanya Street zs the person who ap_eared before me, and this i?lst=ument, on oath stated that she was authorized to execute the instrument and acknowledged it as the President of Geneva r evethe lopments, Inc. to be the free and voluntary act of such party uses and purposes mentioned in the instrument. Dated: Sept�� ! , 1993. C�irT sue-• otary Public in and for the st-te of ;7ashington, residing at Renton. r ` My appointment expires: !r` > Y D5.14j'-5:9%C3%93:dk J0 ni�u vw�ii a CZ j ASSIGNMENT OF DEED OF TRUST - t� oc L r) CZ) cn P IRC L 1: Schec! S- _- ==rce'- PARCEL A: THE EAST 412.50 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 15.00 FEET OF THE EAST 82.5 FEET THEREOF. PARCEL B A PORTION OF HE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RrUtiGE 4 EAST W.M., IN KING COUNTY, WASHINGTON, M-GRF, FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QU;:.R ER OF SECTION 33, SAID POINT BEGINNING FURTHER DESCRIBED AS BEING Tw E CE'�TE-R OF SAID SECTION 33 ; THENCE SOUTH 88023'32" EAST ALONG THE NORTH LINE OF SAID SUBDIVISION, 1,182.95 FEET TO THE NORTHWESTERLY MARGIN OF MILITARY ROAD; THENCE ALONG SAID MARGIN THE FOLLOWING THREE COURSES AND DISTANCES: SOUTH 35023103" WEST, 1,505.93 FEET; SOUTH 83018'55" EAST, 24.04 FEET; SOUTH 35023103" WEST, 78.13 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33; THENCE NORTH 30013'56" WEST, ALONG SAID SOUTH LINE, 313.76 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THc, SOUTHEAST QUARTER; THENCE NORTH 01003'40" EAST, ALONG THE WEST LINE OF SAID SUBDIVISION, 1,316.36 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT pORTIOIT OF THE SOUTH 65.00 FEET OF THE NORTHWEST QUARTER OF THE 5OtfT' Z?lST QUARTER OF SAID SECTION 33, LYING BETWEEN OLD AND NEW MILITARY ROADS; AND =XCEPT TH_aT PORTION THERE -OF LYING WITHIN THE OLD MILITARY ROAD AS ESTABLISHED PRIOR TO JANUARY 14, 1993, THE DATE OF THE DEED CONVEY'NG KING COUNTY A RIGHT OF WAY FOR THE REVISION OF SAID ROAD; EXCEPT A 10 FOOT STRIP OF LAND CO`71EYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 3035989, ADJACENT TO THE RIGHT OF WAY FOR OLD MILITARY ROAD; TOGETHER. WITH THE SOUTH 15.00 FEET OF TKE EAST -2.5 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 33; AND TOGETHER. WITH THAT PORTION OF VACATED "OLD" MILITARY ROAD, ALSO KNOWN AND JOHN ICE COUNTY ROAD P+O. 127 AND ALSO KNOWN AS HOLST ROAD, VACATED BY ICING COUNTY ORDINANCE NO. 3055, RECORDED UNDER KING COUNTY RECORDING NO. 7702140525, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF "OLD" MILITARY ROAD, ALSO KNOWN AS JOHN RICE y�. 'yz,. COUNTY ROAD Nu. 127, LYING SOUTHERLY OF TH:, SORTH LINE OF THE' :.ORTFejEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 33, LYING NORTHERLY OF THE SOUTH 65 FEET_ OF SAID SUBDIVISION. ?ARCEL C: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 52016120" EAST 773.45 FEET; THENCE SOUTH 60000'00" EAST 654.03 FEET; THENCE SOUTH 42058'00" WEST 204.87 FEET TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE ON SAID SOUTH LINE NORTH 89"41125" WEST 1,042.00 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 52016120" EAST 773.45 FEET; THENCE SOUTH 60000'00" EAST 654.03 FEET; _ _ TRUE L..J1 LJ'Y . O / L1 ��..: j.ZL 1lCVL YOiNt �!L THENCE SOUTH 42050,101011 TEEST. , 3 r L Tl- BEGINNING; THENCE CONTINUING SOUTH 42058'00" WEST, A DISTANCE OF 70 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER; J THENCE ALONG SAID SOUTH LINE NORTH 89041'25" WEST, A DISTANCE OF 350 "EET; C� THENCE 14ORTH 42058'00" EAST, A DISTANCE OF 240 FEET; THENCE SOU`Ha—kSTERLY TO THE TRUE POINT OF BEGINNING; Cy) (ALSO KNOWN AS A PORTION OF LOT 6, REDONDO HEIGHTS, ACCORDING TO THE bNRECORDED PLAT THEREOF). PPPCEL D: _ THAT PGP.TIGN OF THE SOUTHWEST QUARTER O.F THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN RING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST COPUNER OF SAID SUBDIVISION; THENCE NORTH 89041'25" WEST ALONG THE SOUTH LINE THEREOF 201.34 FEET; THENCE NORTH 42058'00" EAST 294.20 FEET; THENCE SOUTH 0008'21" EAST ALONG THE EAST LINE OF SAID SUBDIVISION 216.68 FEET TO THE. POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WITHIN THE MILITARY ROAD SOUTH RIGHT OF WAY; (ALSO KNOWN AS LOT 5A, REDONDO HEIGHTS, ACCORDING TO THE UNRECORDED PLAT THEREOF; EXCEPT THAT PORTION THEREOF LYING WITHIN THE MILITARY ROAD SOUTH �g �i RIGHT OF WAY). ..+- cc IH P.:,RcZ, PP. R CE L _.. TH-AT PORTION OF THE SOUTHWEST QUARTER OF T:'.� NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 LAST, W.id., Ili KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 53034'04" EAST 773.45 FEET; THENCE SOUTH 58042116" Et.ST 654.03 FEET; THENCE SOUTH 44015'4411 WEST 134.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 44015'44" WEST, A DISTANCE OF 72.68 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE ALONG SAID SOUTH LINE NORTH 88023'41" WEST, A DISTANCE OF 350 FEET; THENCE NORTH 44015'44" EAST, A DISTANCE OF 240 FEET; THENCE SOUTHEASTERLY TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS A PORTION OF LOT 6, REDONDO HEIGHTS, ACCORDING TO THE UNRECORDED PLAT THEREOF). ALL SITUATE IN THE COUNTY OF ?LING, STATE OF WASHINGTON. Lr) U C^. CA] FIRST 5 4N1f SFNB No. 6767359586 SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN THE SUBORDINATING PARTY'S SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME LATER OR OTHER SECURITY INSTRUMENT. 1 . KOHL 5XCAVATING, INC., Profit Sharing Plan and Trust, A Washington Trust. ('Subordinator'), is the owner and holder of the following documents executed by PARKLANE VENTURES, ;NC.. a Washington corporation (hereafter collectively referred to as the 'Second Deed Of Trust'): a) Qeed of Tryst dated June 30, 1993. recorded June 30, 1993, under Auditor's File No. 93063017S2. records of King County, Washington. 2. SEATTLE•FIRST NATIONAL BANK. a national banking association, ('Lender') is the owner and holder of the following documents executed by PARKLANE VENTURES, INC., a 7j Washington corporation (hereinafter collectively relarred to as the 'First Deed of Trus,'): a) Deed of Trull dated September 13, 1995 recorded Ca • Z� 1�I�I �? • under ^2 Auditor's File No.615:10 C7_La—, records of King County. Washington. v 3. PARKLANE VENTURES. INC., a Washington Corporation, ('Owner') is the owner of all the real property described in the First Deed of Trust. A. In consideration of benefits to Subordinator from Owner, receipt and sufficiency of which is hereby acknowledged, and to induce Lender to advance funds under its First Deed of Trust and all agreements in connection therewith. Subordinator hereby unconditionally ti subordinates the lien, security interest and rights granted by the Second Deed of Trust to the lien, security interest and rights granted by the First Dead of Trust, and to all advances or charges made or accruing under the First Deed of Trust, including any extension or renewal thereof, to the same effect as though the First Deed of Trust had been J placed on record before the Second Deed of Trust. J i� 5. It is understood and agreed that a default under the First Deed of Trust shall constitute a default under the Second Deed of Trust, and Subordinalor, upon such default, may, at its option, without demand or notice, declare the whole sum secured by the Second Deed of Trust with interest thereon to be immediately due and payable, or Subordinator may, at its option, cure the default and add any amounts paid in curing the default to the amount due under the second Deed of Trust without waiving any of its rights under the second Deed of Trust or the Note % Mich it secures. 6. Subordinator acknowledges that, prior to the execution of this Agreement, Subordinator has had the opportunity to examine the terms of the First Deed of Trust, Note and agreements relating thereto wNch Subordinator consents to and approves. Subordinator acknowledges that Lender has no obligation 10 Subordinator to advance any funds under the First Deed of Trust or see to the application of any funds advanced. Any application or use of such funds for purposes other than those provided for in the First Deed of Trust, Note or other agreements s:pall not defeat this subordination in whole or in part. 7. It is understood by the parties hereto that Lender would not make the loan secured by the First Deed of Trust without this Agreement. 8. This Agreement shall be the whale and only agreement between the parties hereto with regard to the subordination of the Second Deed of Trust to the First Deed of Trust, and shall supersede and cancel any prior agreements regarding subordination including, but not limited to, those provisions, if any, contained in the Second Deed of Trust which provides for the subordination of the lien or charge thereof to a deed of trust or deeds of trust to be thereafter executed. ` 9. This Subordination Agreement is entered into by Subordinator only and solely for the benefit of the present and futuro owners and holders of the indebtedness secured by the First Deed of Trust and not for the benefit of, nor in favor of, any other person or party. The Second Dead of Trust is in fuh force and effect and asserted by Subordinator except as expressly hereby subordinated, ORIGINAL I j .. %Tj C t�2 O 7 10. This Subordination Agreement shall not impair the validity or priority of the Second Deed of Trust as to real property not described in the First Deed of Trust, 1 t . It is contemplated that this Subordination Agreement will be filed for record after the First Deed of Trust is filed, and Subordinator specifically authorizes Lender or its agent to insert in this Agreement where indicated the actual filing datcs and number of the First Deed of Trust and such insertions shall be binding upon Subo(dinator, 12. The heirs, administrators, assigns and successors in interest of Subordinator shall be bound by this Agreement. The words 'Deed of Trust' shall refer to 'mortgage' where appropriate. ((�� Executed this 'I); day of SJ�, 19_, NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE OWNER TO OBTAIN A LOAN SECURED BY A LIEN WHICH WILL HAVE PRIORITY OVER THE SUBORDINATING PARTY S LIEN AND ALL OR A PORTION OF THE LOAN MAY BE EXPENDED FOR PURPOSES OTHER THAN IMPROVEMENT OF THE REAL PROPERTY. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS. OWNER: SUBORDINATOR: PARKLANE VENTURES, INC., a Washington Corporation I is STATE OF WASHINGTON j CC 14TY CF K r Al Cr } § KOHL EXCAVATING, INC., Profit Sharing Plan and Trust, a Washington Trust By: 0'4'1 a i%��1Y Its: On s �d y of � �, 19ybelore me personally appeared known (or proven on the basis 4of satisfactory evidence) to be the ndor that certain f[' ..C. Ave - (Declaration of Trust or other appropriate title) dated who eeuted the within and forsgr'ng instrui;,anl, and acknowledged that s_he signed the same as=free and voluntary act and deed, as Trustee, for the uses and purposes therein mentioned. GIVEN UNDER my hand and official seal hereto affixed the day and year fist above written. INM Nufary Miff• Notary Public in and for the to of Washington, residing at My appointment expires /— /-5Jr f OCT=25795 WED 0^:A0 ARKSIDE.DEVELMENTS T 2w 9S 1n: M4 ' ii I4rS 1 to i1L LtJK 0"' FAX NO. 604 k J86 P• 04 r.- . t o. This Subordination Agreement shalt not impair the validity or priariry of the Second Deed of Trust as to real propertf not dcscrlbed in the First Dead of Trust. 1 i . It Is contemplated that L1is Subordination Agree mekit �i�i i*s ��R el or Its agent 'First Deed of Trust ;a filed. and Subort�rnator sp.6.e a lY insert in this Agreement where indicated the actual filing ot naan number of the Fir-It of Trust and such Insertions shaft be binding Upon ub 12. heirs,m aTns and succosaors 1 words `Deed of TruTrust!shall refersto � inator all boundbythis Agreement. he mortgage'hwhere appropriate. Executed ihia _ day of . NOTICE: THIS AGREEME CONTAIN WHICH ALLOWS THE IO OWNER TO 03TAIIN ADLINATIOAN ON SYNA LIEN WHICH WILL HfSAvF_ PRSRITY OVER THE FOR S RPOSES OTHER Tr iMpp0VEM5NT OFTHE REAL P 0 TY. iT I.5 R _CQh7ME DEDOFTHE LOAN MAYBE EXPE Sf�AT. PU WITH PR10R TO THE EXECUTION OF'�IS SUBOFtDRATION AGREEM>=N1. THE PgPTIES CONSULS THEIR ATYORNEY& C/NR m SL*ORDINATOR PARKLANE Vl Ni U , a in9x�n KOHL EXCAVATI�, INC.. Profit Sharing Corporation Plan and Trust. a Washington Trust By ey: STATE OFwASHR TON ) § pOtMYCF 4n this day of 19_ before me personally appeared _�_ to me known [or proven on the basis of ealistattory evidence) to�4s the under that certain who executed the (Declaration of Trust ar other appropriate title) dated —�� free and whhtn and foregoing instrument, and Acknowledged that —he signed the Isms ea voluntary act and deed. as Trustee. for the uses and 9umosec therein mentioned. GIVEN UNDER my hand and official seal hereto affixed the day and year First above written. (ppnr Heray Nun. Notary Pubric fn and for the State of Washington. residing at My appointment expires OCT=25-95 WED 08141 PAf<,._.JE DEVELOPMENTS FAX NO, 604 434 45, P, 05 P,4/4 OGT. 24 145 14144 crWIF57 BUILDER W'. � 1 da ai , t t>Q before me, personsily on trila 10 me mown to be tha appeared anon. ene oa+Poratlon that PR.SIDEN-r of pARlCLAAtfc VEtd7UfiES, 1NC,. a Waahingtar+ instrument to 6a tho trOG exe-zuted il-.a within and forogaing 1nttMmvM and arknowiedge that mentioned. and and voluntary set. and dead ed said oorPo<siiarr. For lira instrument and and t � on aaL' atatad that he was authorized to execute sa i in:srumant and that the aeal affixed.if any, is the ovrporato seal of said oorporatiOn. 1n wi ass whereof { have hereunto sat my hand and afftted my of Icial seat the day and year first above Written. otar}f PbGc in and for x I rat r^ at �C I ri Q My appointment expires Or`.;? PARA VANDERBURGH gcrrl9tor & sotkhw 21co-1075 Walt Gea &Street 7 Vm-=�OL rer, S.C. ► SE302 p% 1,co4l 83$.4W I CZ CD L7 :.2 W Filed at the Request of and After Recording Return to: David J. Dove, Esq. Ryan, Swanson s Cleveland 1201 Third 'venue, Suite 3400 Seattle, Wi, 98101-3034 DEED OF TRUST THIS DEED OF TRUST, ma�:z effective this 31st day of May, 1994, by PARKLANE VENTURES, INC., a Washington corporation (hereinafter referred to as the "Grantor"), whose address is 31620 - 23rd Avenue South, Suite 320, Federal way, Washington 98003, CHICAGO TITLE INSURANCE COMPANY (hereinafter referred to as the "Trustee"), whose address is 1800 Columbia Center, 701 Fifth Avenue, Seattle, Washington 98104, and 3034518 Canada Inc., a corporation, 3034526 Canada Inc., a corporation, and 3034500 Canada Inc., a corporation, its successors and assigns (hereinafter called the "Beneficiary"), whose address is W I T N E S S E T H: WHEREAS, Grantor grants, bargains, sells, conveys and warrants to Trustee, in trust with power of sale, that property in the County of King, State of Washington, more particularly described in Exhibit A attached hereto and made a part hereof, TOGETHER WITH the following described estate, property and rights of Grantor (hereinafter called the "Property") as security for the performance of each covenant and agreement of Grantor contained herein and in all other instruments executed in connection herewith, and for the payment of all sums of money secured hereby: (a) All the fee and leasehold estates and rights of Grantor now held and hereafter acquired in and to the Property and a.n and to land lying in streets and roads adjoining the Property, and all access rights and easements appertaining thereto; and (b) All buildings, structures, improvements, furnishings, fixtures and equipment, real, personal and mixed, now or hereafter attached to, or used or adapted for use in the operation of the Property, and replacements and additions thereto, including without limitation, all heating and incinerating apparatus and equipment whatsoever, all boilers, engines, motors, dynamos, generating equipment, pumps, piping and plumbing fixtures, cooling, ventilating, sprinkling, fire -extinguishing apparatus, gas and electric fixtures, elevators, escalators, partitions, and shrubbery and plants; and including also all interest of any owner of the Property in any of such items hereafter at any time acquired [:\OAUMO.S48SWOO I Wd.yIr June 10, 1994 - 1 - under conditional sales co*+`.ract, chattel mortgage or other title - retaining or security instrument, all of which property mentioned in this paragraph shall be deemed part of the realty and not severable wholly or in part without material injury to the freehold; and (c) All and singular the lands, tenements, privileges, water, water rights, water stock, mineral, oil and gas rights, hereditaments and appurtenances thereto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents; royalties, issues and prafits thereof, and all t`-.e estate, rights, title, claim, interest and demand whatsoever of Grantor either in law or equity, of, in and to the bargained property, whether now held or hereafter acquired; and (d) All permits, approvals, permissions, licenses, architectural and engineering plans and specifications, bonds, surveys, reports and studies, agreements (including utility agreements), zoning and development rights, and deposits held by any governmental or quasi -governmental organizations for development purposes, to the extent any of the foregoing relate in any way to the zoning classification and/or the potential improvement and development of the Property. TO HAVE AND TO HOLD the Property, together with all and singular the lands, tenements, privileges, water, water rights, water stock, mineral, oil and gas rights, hereditaments and appurte.-.ances thereto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, royalties, issues and profits thereof, and all of the estate, right, title, claim and demands.whatsoever of Grantor, either in law or in equity, of, in and to the above -bargained Property, forever as security for the faithful performance of the Continuing Guaranty granted by Grantor for the benefit of Beneficiary of even date hereT.:ith (the "Guarantylt) and secured hereby, and as security for the faithful performance of each and all of the covenants, agreements, terns and conditions of this Deed•of Trust, and in all other instruments executed in connection herewith, SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Grantor prior to default to collect and apply such rents, issues and profits. This Deed of Trust also constitutes a security agreement in all of the Property and all replacements, substitutions, additions and proceeds thereof (the "Collateral") in which such interest may be created under the Uniform Commercial Code and for such purposes Grantor hereby grants to Beneficiary a security interest therein. The lien and security interest hereof will automatically attach without further act, to all after - acquired Collateral. Grantor covenants and agrees as follows: 1. gb1iat ons ecu e . This Deed of Trust is made. for t``4 purpose of securing the performance of each agreement of Gram - 2 - g:`,0540010548510001 %".&gr loot 10• 1994 herein and in the Guaranty •_":d all other instruments executed by Grantor in connection therewith (excluding any unsecured hazardous waste indemnifications), given by Grantor to Beneficiary to guarantee, among other things, payment of (i) the indebtedness evidenced by a Purchase Agreement dated March 17, 1994 (the "Purchase Agreement") between Santini Properties Ltd., a British Columbia company, Rimpac Development Corp., a British Columbia company, and Costar Projects Ltd., a British columbia company ("Vendors"), Gary Santini, Chris Nieman and William Parneta ("Principals"), and 8288 Investments Ltd. and 8288 Investments Limited Partnership ("Purchaser"), which_ provides for an obligation, payable to Beneficiary as set forth therein (the "Obligation"), and (ii) all future advances made to Grantor by Beneficiary, its successors and assigns, under the terms of this Deed of Trust or any other instruments and agreements executed by Grantor, together with payment of the debts evidenced by all renewals, extensions, modifications, substitutions and consolidations of the Guaranty. 2. Grantor's Cotenant of pa a�►+r. Grantor shall pay all debts and monies secured hereby when due without setoff or deduction of any kind whatsoever. 3. Grantor's Warranties of Title. Grantor warrants to Beneficiary that it is the sole holder of fee simple absolute title to all of the Property and that said title is marketable and free from any lien or encumbrance except the liens imposed by law for .� nondelinq-:.nt raal property taxes and assessments and those approved by Beneficiary, which include those prior encumbrances recorded against the Property as of the date hereof. Grantor va further covenants and agrees as follows: that Grantor will keep w the Property free from statutory and governmental liens of any kind; that, except as provided in the Purchase Agreement, no lien superior to this Deed of Trust will be created or suffered to be created by Grantor during the life of this Deed of Trust without Beneficiary's prior written consent; that it has good right to make this Deed c:f Trust and the person executing this Deed of Trust on behalf of Grantor has the authority to do so; and that it will forever warrant and defend Beneficiary's interest in the Property against every person, whomsoever, lawfully claiming or to claim the same or any part thereof. 4. Grantor's Right tq Coln est tatut s. The filing of a mechanic's or materialman's lien against the Property shall not constitute a default hereunder if and so long as (a) no defaults exist under the Guaranty or this Deed of Trust; (b) Grantor obtains and maintains in effect a bond issued by a surety acceptable to Beneficiary in an amount not less than the entire sum alleged to be owed to the lien claimant or such other amount as is required to obtain a court order to release said lien of record; (c) Grantor provides to Beneficiary and pay.- for an endorsement to Beneficiary's title insurance policy which insures the priority o'° this Deed of Trust over the lien being contested; (d) Grantor - 3 - 6:\05400\05495\0001 \".yr June 10, 1994 ...._�.�.+�....r.r.r�atttR��VeRR71Ar1ftlG7R immediately commences its :ontest of such lien and continuously pursues the same in good faith and with due diligence; (e) such bond or contest stays the foreclosure of the lien; and (f) Grantor pays any judgment rendered for the lien claimant within ten (10) days thereafter. 5. Maintenance of Im rovements. Grantor shall maintain the buildings and other improvements now or hereafter located on the Property in a first class, rentable condition and state of repair. Grantor shall not commit or suffer any waste to any portion of the Property. 6. Dmitted. 7. Compliance Wit'- Laws. Grantor shall comply with all statutes, laws, ordinances and regulations which now or hereafter pertain to the construction, repair, condition, use, and occupancy of the Property, including, without limitation, all environmental, subdivision, stoning, building code, fire, occupational, health, N safety,, occupancy, and other applicable statutes, and shall not N permit any tenant or other occupant to violate the same. In the event any statute requires any correction, alteration or � retrofitting of any improvements, Grantor shall promptly undertake the required repairs and restoration and complete the same with due diligence at its sole cost and expense. 8. Hazardous Use and Materials. In no event may any hazardo__4 materials be located or stored upon, generated from, transported to or from, disposed of or used in any portion of the Property, nor may any hazardous or dangerous use be made of the Property, except in compliance with all applicable environmental laws. From the date hereof, Grantor shall keep the Property in a safe condition in full compliance with all safety, health and environmental statutes, ordinances and regulations. 9. insurance. Grantor shall continuously maintain insurance or. the Property with all premiums prepaid and provide Beneficiary, on request, the original policies or originally signed certificates therefor. All such --existing and future policies shall cover one hundred percent (100%) of the replacement value of the existing or future improvements comprising the Property, with agreed value and inflation protection endorsements approved by Beneficiary in i writing and name Beneficiary as a loss payee under a standard 438 BFU endorsement or a complete equivalent thereof acceptable to Beneficiary. All such insurance policies shall be placed with companies satisfactory to Beneficiary. Such insurance shall include public liability insurance applicable to the Property, and any buildings and improvements located thereon, covering losses from daraged property and injury to or death of persons, in amounts which Beneficiary may reasonably require from time to time, and shall include an extended liability endorsement if applicable to the Property and required by Beneficiary. The insure.- . -certificates shall confirm that no policy shall be cancelled 4 - i: kO54Mo5495%0001 k". ag r Jura 10, 19PW modified without thirty k.,0) days prior notice to Beneficiary. Grantor shall provide Beneficiary with proof of premiums paid for each policy term so long as this Deed of Trust remains in effect. Grantor shall reimburse Beneficiary for any premium paid for such insurance by Beneficiary upon the Grantor's default in so insuring the improvements. In the event of foreclosure or trustee's sale, all rights of the Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure or trustee's sale. All insurance proceeds not used for reconstruction or repair shall, subject to t;ie rights of prior lienhelders and loss payees, be applied to the obligations secured hereby in the manner set out in clauses 4.7(b)(i), (ii) and (iii) of the Purchase Agreement. 10. Ass i nment of Insurance and Co]3demnation Proceedg. Should the Property or any part or appurtenance thereof or right or interest therein be taken or damaged by reason of any public or private improvement, condemnation proceeding (including change of grade), fire, earthquake or other casualty, or in any other manner, Beneficiary or Trustee may, at its option, commence, appear in and prosecute, in its own name, any action or proceeding, or make any reasonable compromise or settlement in connection with such taking or damage, and obtain all compensation, awards or other relief c: therefor, which shall be applied in the manner set out in clauses O 4.7(b)(i), (ii) and (iii) of the Purchase Agreement. 11. om'tte . 12. Omitted. 13. Property Tares and Assessments. Grantor shall pay in full on or before the due date thereof all rents, taxes, assessments and encumbrances, with interest, that may now or hereafter be levied, assessed or claimed upon the Property that is the subject of this Deed of Trust or any part thereof, and upon request exhibit to Beneficiary official receipts therefor, and shall pay all taxes imposed upon, and reasonable costs, fees and expenses of, this Deed of Trust. 14. Omitted. 15. omitted. lb. omitted. 17. Grantor's Ri ht t❑ Contest axes. Grantor shall have the right to contest any real property tax or special assessment so long as (a) no defaults exist under the Guaranty or this Deed of Trust; (b) Grantor makes any payment or deposit or posts any bond as and when required by Beneficiary as a condition to pursuing such contest; (c) Grantor commences such contest prior to such tax or assessment becoming delinquent and continuously pursues the sane to good faith and with due diligence; (d) auch contest stays foreclosure of any lien securing the payment of any such tax - 5 - e:\054001054 R5\0001 \dd. a& r June 10, 1994 _.--..._�.�.w--....�!...n:ara+^—�•rw.�1�I+,I'V!M1L.�•!^I��'•e1•iS'MI�Y�F4�1R�I.�..�N"—•�•I�R� assessment; and (e) Grantor pays any tax or assessment within ten (10) days following the date of resolution of such contest. 18. Leases. With respect to any leases currently or hereafter relating to any portion of the Property, Grantor agrees that: (a) Grantor shall fully comply with all of its obligations under all existing and future leases on the Property, whether Grantor is the lessor or lessee therein, so that the same shall not become in default, and shall do all that is necessary to preserve the same in force, provided, however, it shall not be a default hereunder if such failure to comply with such obligations does not have a material adverse affect on the Beneficiary's rights hereunder; and (b) Beneficiary and its successors and assigns (including any purchaser at a foreclosure or trustee's sale) shall Llhave the right, at its option, to recognize and continue in effect % any leasehold interest which is junior or subordinated to this Deed N of Trust following any foreclosure or trustee's sale. 19. Assignment of Leases. Subject to the prior permitted encumbrances per paragraph 3 above, Grantor does hereby assign, transfer and set over unto Beneficiary, as further security for the indebtedness and covenants secured hereby, all rentals and deposits which may be re^lived or contracted fcr under any existing or future leases of the Property encumbered hereby or any portion thereof, all of Grantor's present and future interests in said existing and future leases, all rentals and other income which are now or hereafter become due on account of the use of the Property, and all of its right, title and interest in and to the plans, drawings, specifications, permits, engineering reports and land planning maps, which it now has or may hereafter acquire with regard to any improvements now on or to be constructed upon the Property and, in the event of any default hereunder or under the Guaranty, Grantor shall deliver possession of same to Beneficiary forthwith upon demand— In the event Beneficiary exercises or is entitled to exercise any of its rights or remedies under this Deed of Trust as a result of the default of Grantor under the Guaranty secured hereby, the Purchase and Sale Agreement or any security granted for the Guaranty, and if any lessee, sublessee or assignee under any lease assigned under this paragraph files or has filed against it any petition in bankruptcy or for reorganization or undertakes or is subject to similar action, Beneficiary shall have, and is hereby assigned by Grantor, all of the rights which would otherwise inure to the benefit of Grantor in such proceedings, including, without limitation, the right to seek "adequate protection" of its interests, to compel rejection of any such lease, and to seek such claims and awards as may be sought or granted in connection with the rejection of any such lease. Unless otherwise agreed to by Beneficiary in writing, Beneficiary'; exercise of any o_ the rights provided in this paragraph shall 6 - Q : %osa am os4 a som 1 Idd . K r June 10, 1994 ._ ... __. r.. .... .- .,r ._..,.n ram. nrw„1 `..u.V1y M11'^nrw.r..,^�.wr..,wp�+n'.1�fHF��^w•�•'•'�•�`1. areclude Grantor from the arsuit and benefit thereof without any further action or proceeding of any nature. The rights granted in this paragraph shall be in addition to and not in derogation of any similar or related rights granted Beneficiary in any separate assignment of leases and rents. 20. Omitted. 21. Defense of Suits. Grantor shall appear in and defend any suit, action or proceeding that might affect the value, priority or enforceability of this security instrument or the security itself, or the rights and powers cf Beneficiary or Trustee, including any suits relating to damage to property or death or personal injuries, to the full extent of Grantor's negligence. 22. Assi nmerts and Transfers. Grantor acknowledges that Beneficiary has relied upon Grantor's financial statements, credit history, business and real property managerial expertise and other factors personal to Grantor, and Grantor covenants not to transfer its interest in the Property without first receiving Beneficiary's express written consent in each instance, which consent may not be unreasonably withheld. Notwithstanding the foregoing, the consent of the Beneficiary is not required, provided the Grantor applies the proceeds of such sale in accordance with the Purchase Agreement. A breach of this covenant shall constitute a default under the Guaranty. The indebtedness under the Guaranty and all other sums then due to Beneficiary by Grantor hereunder or under any documents executed in connection with the obligations owed under the Purchase Agreement may, at Beneficiary's option, be declared immediately due and payable if any of Grantor's interests in the Property or the improvements thereto, or any part thereof, are sold or transferred, voluntarily or involuntarily, without Beneficiary's written .� consent. 7 All transfers of stock or partnership interests in Grantor or �i any successor of Grantor, transfers by master leases of the C1 Property or leases with purchase options, conveyances by real estate contract, and transfers by foreclosure or other forced sale or forfeiture shall each be deemed a transfer of Grantor's interest r in the Property for the purposes of this paragraph. 23. Further Encumbrances. Grantor acknowledges that Beneficiary has relied upon the Property not being subject to additional liens or encumbrances arising out of Grantor's actions after the date hereof, for reasons which include, but are not limited to, the possibility of competi:ig claims or the promotion of plans disadvantageous to Beneficiary in bankruptcy; questions which involve the priority of future advances, the priority of future leases of the Property, the marshaling of Grantor's assets, and Beneficiary's rights to determine the application of condemnatil-- awards and insurance proceeds; the impairment of Beneficiary 7 - _: wssornosa as\oom \dd..g r June 10. 1994 ant•ion to accept a deed in lieu of foreclosure; the increased difficulty of reaching agreements for loan workouts or to the actions to be taken by trustees, receivers, liquidators and fiduciaries. Therefore, except as provided in the Purchase Agreement, with the knowledge the,: Beneficiary will materially rely upon this paragraph, Grantor covenants not to encumber the Property with a lion thnt is or is capable of being in priority over the lien of this Deed of Trust without first receiving 8eneficiary,sz express written consent in each instance, or permit, without first receiving Beneficiary's express written consent in each instance, any dead of trust, charge, lien or encumbrance -to exist on all or any part o; the Property which ranks or is capable of ranking in priority to the lien created by this Deed of Trust, other than N ancumbrances to secure financing obtained to develop the Property in the ordinary course or renewals or replacaments of any V) mortgages, deeds of trust or other encumbrances recorded against to Prcpart_ prior to the date of this Heed of Trust, provided that CV such renewals or replacements are in a principal amount not greater than the principal amount than outstanding on the mortgage or dead of trust being renewed or replaced and the terms and conditions of such renewal, or replacement are no more onerous than the mortgage or deed of trust being rAne4ad or replaced. A breach of this covenant shall constitute a default under the Guaranty, and all sums then due to Beneficiary under the Guaranty and any documents executed in co:u.ection there -with --y, -t Beneficiary's option, be declared immediately due and payable in the event of such a breach. No mortgages, deeds of trust or other forms of security interests prior Lo the security interests Of Beneficiary shall, encumber any real or V_lrconal property which is tho subject of any lien or aacurity interest granted to Beneficiary, except as set forth above. Encumbrances and hypothecations of stock or partnarship interests in Grantor or any successor'of Grantor, sale lease -backs, transfers by loaces with purchase options, and conveyances by real estate contract :.hall each be deeroad an sneuzabrance for tha pI:rposes of this paragraph. 24. q jam'. 25• DefaUl&. Grantor shall be in default under this Deed of Trust in any of -be fal3aving circumstances: (a) any material default by Grantor under the Guaranty, as s3ascribed therein, or any default in the payment of any indobtadness secured hereby when due or in the timely performance Of any coverant or the observence of any condition contained in the Guaranty, the Purchase Agreement or other related documents; or (b) the breach ❑f any warranty or any material inaccuracy of any representation of Grantor contained herein or in the Guaranty, the Purchase Agreement or other related loan documents; or should any representation, document, exhibit, statement, certificate, or schedule furnished to Beneficiary by 8 �:b540o�m115W W I1Fo�Kr Grantor contain any untrue or misleading statement of a material fact or fail to state any material fact necessary to make the statement of facts contained therein not misleading, or should the same thereafter become untrue or misleading in any material respect; or (c) any failure to perform any material obligation which is secured by any lien against or interest in the Property, rights or interests encumbered hereby or any portion thereof, regardless of whether such lien or interest is prior or subordinate to these presents, and which default or failure to perform is not cured within any applicable grace period; or (d) any failure of Grantor to pay when due any taxes, municipal or special assessment, insurance premium, or any lien or t charge upon the Property; or (e) any of the following shall occur with respect to the Property, Grantor, any other guarantor of the Obligation or the L7 then owrer of the Property: N (i) the appointment of a receiver, liquidator, or i %N trustee; �0 (ii) the filing of any voluntary or involuntary petition for bankruptcy or reorganization; i (iii) if any such person be unable, or admit in writing an inability, to pay its debts when due; (iv) the dissolution, termination of existence, insolvency or business failure of any such person; (v) any assignment for the benefit of creditors; (vi) the making or suffering of a fraudulent transfer under applicable federal or state law; (vii)— the concealment of any of its property in fraud of creditors; (viii) the making or suffering of a preference within the meaning of the federal bankruptcy law; (ix) the imposition of a lien through legal proceedings or distraint upon any of the Property which is not contested in the manner permitted by this Deed of Trust; or (f) any default by Grantor under any lease, any termination of such lease, or any modification, surrender or cancellation of such lease, which would have a material adverse affect on the Beneficiary's rights hereunder, without Beneficiar;'� prior written consent; or 9 j:105400105485%0001 Wol.Yr Jule 10, 1994 N LO C� �2 :p O (g) any material adverse change, including, without limitation, actual or threatened removal, demolition, or other impairment, of the Property or any improvements thereon; or (h) any (i) condemnation; (ii) rezoning; or (iii) modification or enactment of any ordinances or regulations, any of which could materially or detrimentally affect any_improvements on the Property or the use or cost thereof; or (i) any conveyance, lease or encumbrance of all or any part of the Property except as provided in paragraphs 22 and 23 above, without any consent required of Beneficiary herein being first given in writing; or (j) if any guarantor or obligor of all or any portion of the indebtedness of Purchaser under the Purchase Agreement violates any of the terms, conditions, or provisions of any document pertaining or related to the Purchase Agreement. Notwithstanding the foregoing, Grantor shall have: (a) 5 days from receipt of notice to remedy any default in payment of any amounts due under the Guaranty or of any indebtedness secured hereby; and (b) 45 days from receipt of notice to remedy any default in the obso-vance or performance of any other terms or conditions of the Guarant•: or this Deed of Trust. 26. Rights and Remedies on Default. Upon the occurrence of any default under this Deed of Trust, which default is not remedied within the time periods set out in paragraph 25 above, and at any time thereafter, Trustee or Beneficiary may exercise any one or more of the following rights and remedies: (a) Loan DOCIInent Remedies. Beneficiary may exercise any right or remedy provided for in the Guaranty, Purchase Agreement or other document executed in connection therewith. (b) Acceleration. Beneficiary may declare the Guaranty and all other sums secured by this Deed of Trust immediately due and payable. (c) tjon-Judicial Foreclosure. Upon written request of Beneficiary, Trustee shall sell the Property, in accordance with the Deed of Trust Act of the State of Washington (RCW 61.24 as existing now, or hereafter amended) and the Uniform Commercial Code of the State of Washington where applicable, at public auction to the highest bidder for cash at such time and at such place as are statutorily prescribed. Grantor acknowledges that there is no right to an extension of the trustee's sale on "equitable" or other grounds, and that Beneficiary's remedies under this Deed of Trust shall not be affected or impaired by the exercAse of any right of e: `.05400\ 054 85 %00011dot. K r June 10. 1994 - 10 - g� i setoff or to collect and apply rents, pr•:,fits, insurance proceeds or condemnation awards. Any person except Trustee may bid at a Trustee's sale. Subject to applicable law, Trustee shall apply the proceeds of the sale in the following order: (1) to the expense of sale, including a reasonable Trustee's fee and attorneys' fees; (2) to the obligation secured by this Deed of Trust; (3) the surplus, if any, shall be distributed in accordance with said Deed of Trust Act. Trustee shall deliver to the purchaser at the sale its deed, :without warranty, which shall convey to the purchaser the interest in the Property which Grantor had or had the power to convey at the time of Grantor's execution of this Deed of Trust, and such as Grantor may have acquired thereafter. Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall ',e prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value. The Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Grantor, Trustee or N Beneficiary shall be a party, unless such action or proceeding is , brought by the Trustee. Cr+ L1 (d) Judicial Foreclosure. Beneficiary shall have the right to judicially foreclose this Deed of Trust as a mortgage. If this Deed of Trust is foreclosed by judicial procedure, Beneficiary 'D will be entitled to a judgment which will provide that if the O foreclosure sale p-oceeds are insufficient to satisfy the judgment, execution may issue for any amount by which the unpaid balance of she obligations secured by this Deed of Trust exceeds the net sale proceeds payable to Beneficiary. In the event Grantor remains in possession of the Property after the Property is sold as provided above or Beneficiary otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at will of Beneficiary or the purchaser of the Property and shall pay a reasonable rental for use of the Property while in Grantor's possession. The purchaser at any foreclosure sale may (but shall be under no obligation to) , during any redemption period, make such repairs and alterations to the improvements as may be appropriate for the proper operation, care, preservation, and protection thereof; pay any taxes and assessments due during such period; insure the improvements on the Property against loss by casualty and itself against liability arising from its ownership and use of the Property; and pay liens not extinguished by the foreclosure and any other amounts relating to the Property to the extent due during such redemption period, and all of such expenses and payments, together with interest thereon from the date so paid to reimbursement at the rate provided for any other redemption amounts, shall be included in the amount required to be paid by any person to redeem the Property. (e) UCCtemedies. With respect to all or any part of the Property that is personal or intangible, Beneficiary shall have all the rights and remedies of a secured party under the Uniform - it - s: %034 001,054 MOM %du..a e rune 10. 1994 Commercial Code. Upoi, request, Grantor shall assemble and make such Collateral available to Beneficiary at a place to be designated by Beneficiary which is reasonably convenient to both parties. Upon repossession, Beneficiary may propose to retain the Collateral in partial satisfaction of the Guaranty or sell the Collateral at public or private sale in accordance with the Uniform Commercial Code as adopted in the state where the Property is situated or any other applicable statute. Such sale may be held as a part of, distinctive from or without a Trustea's sale or foreclosure of the real property secured by this Deed of Trust. If any notification of disposition of all or any portion of the Collateral is required by law, such notification shall be deemed reasonably and properly given if mailed at least ten (10) days prior to such disposition. If Beneficiary disposes of all or any part of the Collateral after_ default, the proceeds of disposition shall be applied in the following order: (i) to the reasonable expenses of retaking, molding, preparing for sale, and selling of, the Collateral, and t' s like; (i i) to the reasonable attorneys' fees and legal expenses incurred by Beneficiary; and (iii) to the satisfaction of the indebtedness secured by this Deed of Trust. (f) Remedial Advances. Should Grantor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, without obligation, to do so and without demand upon Grantor and without releasing Grantor from any obligation hereof, may (i) make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon the Property for such purposes; (ii) commence, appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and (iii) pay, purchase, contest, or compromise any amounts due under any lease, contract, encumbrance, charge, lien, tax or assessment, or the premium for any policy of insurance required herein; and in exercising any such power, incur any liability, expend whatever amounts in its absolute discretion it may deem necessary therefor, including cost of evidence of title, employ counsel and pay such counsels' fees. Beneficiary shall be subrogated to the rights and lien interests of any person who is paid by Beneficiary pursuant to the terms of this paragraph. Grantor shall repay immediately on written notice to Grantor all sums expended or advanced hereunder by or on behalf of Beneficiary, with interest from the date of such advance or expenditure at the interest rate provided for in the Purchase Agreement, and the repayment thereof shall be secured hereby. - 12 - g:%0540(AO5495%0001%doltgr June 10, :994 11 (g) 5umrary Possess,.on. Beneficiary may, at its option, and in person or by agent, employee or court -appointed receiver, enter upon and to-e possession of the Property and continue any improvement, repair or renovation thereof at Grantor's expense and lease the same or any part thereof, making such alterations as it finds necessary, and may terminate in any lawful manner any lease of the Property, exercising with respect thereto any right or option available to Grantor. The entering upon and taking possession of the Property, the collection of rents, issues and profits, or the proceeds of fire and other insurance policies or compensation or awards for any taking or damage of the Property, and the application or release thereof shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (h) Collection of Rents. Beneficiary may require any tenant or other user to make payments of rent or use fees directly to Beneficiary regardless of whether Beneficiary has taken possession of the Property. If any rents are collected by Beneficiary, then Grantor irrevocably designates Beneficiary as Grantor's attorney -in -fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Beneficiary in response to Beneficiary's demand shall satisfy the obligation for which the payments are made, whether or not any proper grounds for the demand existed. Beneficiary may exercise its rights under this paragraph either in person, by agent or through a receiver. (i) Beneficiary's Enforcement of Leases. Beneficiary is hereby vested with full power to use all measures, legal and equitable, 1.eemed by it necessary or proper to collect the rents and other income assigned in this Deed of Trust, including the right: in person or by agent, employee and court -appointed receiver, to enter upon the Property, or any part thereof, and take possession thereof forthwith to the extent necessary to effect the cure of any default on the part of Grantor as lessor in any leases or upon Grantor's default under the Guaranty. Grantor hereby grants to Beneficiary full power and authority to exercise all rights, privileges and powers herein granted at any and all times hereafter, without notice to Grantor, including the right to operate and manage the Property, make and amend leases and perform any ocher acts which are reasonably necessary to protect the value, priority or enforceability of any security for the Guaranty and use and apply all of the rents and other income herein assigned to the payment of the costs of exerciz;ing such remedies, of managing and operating the Property, and of any indebtedness or liability of Grantor to Beneficiary, including but not limic.ed to the payment of taxes, special assessments, insurance premiums, damage claims, the costs of maintaining, repairing, rebuilding and restoring the improvements on the Property or of making same rentable, attorneys' fees incurred in connection with the enforcement of this Deed of Trust, and any principal and interest payments due to Beneficiary — 13 — `:%054=osaas\000i Not. K¢r June 10, 1914 .. .� �--.�.�..w.u,++.w-.�w.+e�ss�•:r.,�.f7.l+ral1'Nxf7TR'll�'f"!��M,tFJMnM�wn....�..,....—�..�.. �+,w-. a FAT e on the Guaranty and th-3 Deed of Trust, all in such order as s Beneficiary may determine. Beneficiary shall be under no obligation to enforce any of the rights or claims assigned to it hereunder or to perform or carry out any of the obligations of the lessor under any leases and does not assume any of the liabilities in connection with or arising or growing out of the covenants and T agreements of Grantor in any leases. It is further understood that i this Deed of Trust shall not operate to place -responsibility for {= the control, care, management or repair of the Property, or parts thereof, upon Beneficiary nor shall it operate to make Beneficiary liable for the carrying out of any of the terms and conditions of any leases, or for any waste of the Property by the lessee under any lease; or by any other party, or for any dangerous or defective f condition of the Property or for any negligence in the management, upkeep, repair or control of the Property resulting in loss or injury or death to any lessee, invitee, licensee, employee or stranger, except as may result from the gross negligence or willful misconduct of Beneficiary after taking possession of the Property hereunder. !! I- (j) Beneficiary's Enforcement of Contracts. Beneficiary ; :Z shall have the right to enforce Grantor's rights under all architect contracts and construction contracts and to bring an Ll action for the breach thereof in the name of Beneficiary or, at w4 Beneficiary's option, in the name of Grantor, in the event any architect or contractor breaches their respective contracts, regardless of whether Beneficiary has acquired or retained any interest in the Property. Grantor hereby irrevocably appoints Beneficiary as its attorney -in -fact for the purposes of the i ^, foregoing, which power shall be durable and coupled with an t in'-.erest. Beneficiary does not assume and shall not be obligated to perform any of Grantor's obligations under said contracts nor shall Beneficiary be required to enforce such contracts or bring action for the breach thereof; provided, however, any performance of the respective contract specifically required in writing by Beneficiary, following any default by Grantor under the Purchase Agreement or the contracts, and which is properly and timely undertaken by the contractor or architect, shall be paid for by Beneficiary in accordance with the terms and conditions of the contracts. Such payments shall be deemed additions to the principal of the Obligation an"` shall bear interest at the rate provided in the Purchase Agreement from the date of advance to and including the date of full payment, and shall be secured by any deed of trust, collateral assignment of leases and rents, security agreement, continuing guaranty, and other documents granted to secure the Obligation. (k) Appointment of Receiver. Beneficiary shall have the right to have a receiver appointed to take possession of any or all of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, ', collect the income from the Property and apply the proceeds, ov:-• and above cost of the receivership, against hhe obligations under — 14 — �:�osaornosaes�000l��...�r June 10. 19W the Guaranty. The receiver may serve without bond if permitted by law. Beneficiary's right to the appointment of a receiver shall exist whether or not F.opar*:nt value of the Property exceeds the indebtedness secured hereby by a substantial amount. Employment by Beneficiary shall not disqualify a person from serving as a receiver. Upon taking possession of all or any part of the Property, the receiver or Beneficiary may: -(i) use, operate, manage, control and conduct business on the Property and make expenditures for all maintenance and improvements as in its judgment are necessary and proper; (ii) collect the income from the Property and apply such sums to the expenses of use, operation and management; and (iii) at Beneficiary's option, complete any construction in progress on the Property, and in that connection pay bills, borrow funds, employ contractors and make any changes in plans or specifications as Beneficiary deems reasonably necessary or appropriate. If the revenues produced by the Property are insufficient to pay expenses, the receiver may borrow, from Beneficiary or otherwise, or Beneficiary may borrow or advance, such sums as the receiver or Beneficiary may deem reasonably necessary for the purposes stated in this paragraph. The amounts borrowed or advanced shall be payable on demand and bear interest from the date of expenditure until repaid at the interest rate then applicable under the Purchase Agreement. Such sums shall become a part of the debt secured by this Deed of Trust. (1) Srecific Enforcement. Beneficiary may specifically endorse any covenant in this Deed of Trust or Grantor's compliance with its warranties herein and may restrain and enjoin the breach or prospective breach of any such covenant or the noncompliance with any condition, and Grantor waives any requirement of the posting of any bond in connection therewith. (m) General Creditors' Remedies. Beneficiary shall have such other rights and remedies as are available under any statute or at law or in equity generally, and the delineation of certain remedies in this Deed of Trust shall not be deemed in limitation thereof. 27. Application of Sale Proceeds. After deducting all costs and expenses of Trustee and of this Deed of Trust, including cost of evidence of title and reasonable attorneys' fees in connection with sale, as above set forth, Trustee shall apply the r -oceeds of sale to payment of all sums expended under the terms hereof, not then repaid, with accrued interest at the interest rate provided for in the Purchase Agreement; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. 28. Remedies Cumulative. All rights and remedies of Beneficiary herein specified are cumulative and are in addition to, not in limitation of, any rights and remedies Beneficiary may h:, at law. - 15 - g:10570010549510001Wd.agr lunc 10, 19W 29. No Waiver. No waiver of any default or failure or delay to exercise any right or remedy by Beneficiary shall operate as a waiver of any other default or of the same default in the future or a preclusion of any right or remedy with respect to the same or any other occurrence. 30. Marshaling. In case of, a sale under this Deed of Trust, the said Property, real, personal and mixed, may be sold in one or more parcels. Neither Trustee nor Beneficiary shall be required to marshal Grantor's assets. 31. Jury Trial Waiver. Grantor hereby waives any right to a jury trial in any action related to this Deed of Trust. 32. Grantor's Indemnification. Grantor agrees to indemnify F and 'hold harmless Trustee and Beneficiary from and against any and # all losses, liabilities, suits, obligations, fines, damages, judgments, penalties, claims, charges, costs and expenses ` (including attorneys' fees and disbursements) which may be imposed - on, incurred or paid by, or asserted against, Trustee and/or • Beneficiary by reason or on account of, or in connection with: (a) any willful misconduct of Grantor or any default by Grantor hereunder or under the other documents relating to or securing the Purchase Agreement; (n) Trustee's and/or Beneficiary's good faith and commercially reasonable exercise of any of their rights and �^ J remedies or the performance of any of their duties hereunder or - `� under tr•s other documents to which Grantor is a party; (c) the construction, reconstruction or alteration of the Property; (d) any negligence of Grantor, or any negligence or willful misconduct of any lessee of the Property, or any of their respective agents, •!, contractors, subcontractors, servants, employees, licensees or r7 invitees; or (e) any accident, injury, death or damage to any person or property occurring in, on or about the Property or any ; street, drive, sidewalk, curb or passageway adjacent thereto, i except for the willful misconduct or gross negligence of the indemnified person; or (f) any failure of Grantor to file any tax reports or returns referred to in this Deed of Trust. The indemnity provided under subsection (f) of this section shall also extend to counsel for Beneficiary. Any amount payable to Trustee, � Beneficiary or counsel for Beneficiary under this paragraph shall be due and payable within ten (10) days after demand therefor and receipt by Grantor of a statement from Trustee, Beneficiary and/or counsel for Beneficiary setting forth in reasonable detail the amount claimed and the basis therefor, and such amounts shall bear interest at the interest rate specified in the Purchase Agreement from and after the date such amounts are paid by Beneficiary, Trustee or counsel for Beneficiary until paid in full by Grantor. Grantor's obligations under this paragraph shall not be affected by the absence or unavailability of insurance covering the same or by the failure of refusal by any insurance carrier to perform any obligation on its part under any such policy of insurance. If t—j claim, action or proceeding is made or brought against Gram c•_ and/or Beneficiary which is subject to the indemnity set forth in - 16 - g:%054=0549510001 Wal.Agr June 10, 1994 this paragraph, Grantor shall resist or defend against the same, if necessary in the name of Trustee and/or Beneficiary, by attorneys for Grantor's insurance carrier (if the same is covered by insurance) or otherwise by attorneys approved by Beneficiary. Notwithstanding the foregoing, Tru :.ee and Beneficiary, in their reasonable discretion., may engage their own attornevs to resist or defend, or assist therein, and Grantor shall pay, or, on demand, shall reimburse Trustee and Beneficiary for the payment of the reasonable fees and disbursements of said attorneys. 33. Attorneys' F-es: Costs. Grantor agrees to reimburse Beneficiary for all costs, expenses, and reasonable attorneys' fees that Beneficiary incurs in connection with the realization or enforcement of any obligation or remedy contained in the Purchase Agreement, the Guaranty, this Deed of Trust, or other related documments, iiith or without 1, ti -at, on., i ncludi ng without limitation any costs, expenses, and fees incurred: (a) in any foreclosure, trustee's sale or deed in lieu of foreclosure or trustee's sale; (b) on appeal; (c) in any petition for review; (d) in any arbitration or mediation; (e) in any action contesting or seeking to restrain, enjoin, stay, or postpone the exercise of any remedy in which Beneficiary prevails; (f) in any bankruptcy, probate, receivership or other proceeding involving Grantor; and (g) in connection with all negotiations, documentation, and other actions relating to any workout, compromise, settlement or satisfaction of the debt securec< hereby or settlement of any debt secured by :.his Deed rr Trust or which is evidenced by the Purchase Agreement, the L7 Guaranty, or related documents. All such costs, expenses, and fees shall be due and payable upon, demand, sball bear interest from the date incurred through the date.of collection at the interest rate stated in the Purchase Agreement, and shall be secured by this Deed of Trust. 3j 34. Nonagricultural Property. Grantor covenants and warrants that the Property is not used principally or primarily for agricultural or farming purposes. 35. Accept_a_rje by Trustee. Trustee accepts this Deed of Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. 36. Successor Trustee. Trustee may resign by an instrument in writing addressed to Beneficiary, or Trustee may be removed at any time with or without cause by an instrument in writing executed by Beneficiary and duly recorded. In case of the death, resignation, removal or disqualification of Trustee or if for any reason Beneficiary shall deem it desirable to appoint a substitute or successor trustee to act instead of Trustee herein named or any substitute or successor trustee, then Beneficiary shall have the right and is hereby authorized and empowered to appoint a successor trustee, or a substitute trustee, without other formality than appointment and designation in writing executed and acknowledr. Beneficiary and the recordation of such writing in the office whG.,- - 17 - X: %O54OC\05485\0001 \dot.ap r June 10, 1994 I •win �..�..,.rwr+^^R'r 1►':�nr,T.A�f4�rp�J M.H+m'�1f'P�'�q•R^nrt�..,r,� �.e.r. w.--.+ ..�...�.we..� this Deed of Trust is recorded, and the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively. Such appointment and designation by Beneficiary shall be full evidence of the right and authority to make the same and of all facts therein recited. If such appointment is executed on behalf of Beneficiary by an officer of Beneficiary, such appointment shall be conclusively presumed to be executed with authority and shall be valid and sufficient without proof of any action by Trustee or any officer of Beneficiary. Upon the making of such appointment and designation, all of the estate and 'title of Trustee in the Property shall vest in the named successor or substitute trustee and it shall thereupon succeed to and shall hold, possess and execute all the rights, powers, privileges, immunities and duties herein conferred upon Trustee; but, nevertheless, upon the written request of Benef4-iary or of the successor or substitute trustee, Trustee shall cecute and deliver an instrument transferring to such successor or substitute trustee all of the estate and title in the Property of the trustee so ceasing to act, together with all the rights, powers, privileges, immunities and duties herein conferred upon Trustee, and shall duly assign, transfer and deliver any of the properties and moneys held by Trustee hereunder to said successor or substitute trustee. All references herein to Trustee shall be deemed to refer to any trustee (including any successor or substitute, appointed and designated, as herein provided) from time to time acting Hereunder. Grantor hereby ratifies and confirms any L7 and all acts which Trustee herein named or its successor or T4 successors, substitute or substitutes, in this Deed of Trust, shall do lawfully by virtue hereof. 37. Partial and Full Recanve ance. Partial reconveyances of this Deed of Trust shall be provided to the Grantor upon compliance with all terms of the Purchase Agreement. Upon written request of Beneficiary, stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Guaranty to Trustee for cancellation and retention, and- upon payment of its fees, Trustee shall fully reconvey, without warranty, the Property then held hereunder. The recitals in any reconveyance executed under this Deed of Trust of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persor_s legally entitled thereto.11 By executing this Deed of Trust, Grantor specifically acknowledges that Beneficiary shall be under no obligation to provide a request for reconveyance until such time as both (a) all of the obligations, debts and duties of Grantor under the Guaranty and this Deed of Trust have been paid and discharged, and (b) Grantor has provided Beneficiary with a written release of the governmental agency of any commitment of Beneficiary to provide additional funds to or for the benefit of such agency in connection with any improvements, landscaping or other amenities on or related to the Property and, to the extent not otherwise secured b� a separate deed of trust on the Property granted to Beneficiary - 18 - `: %054W%054R5%0001 Wot.:e r fungi 10, 1994 ...�....wr...w.rw rrranF�'+Lrf'sY�!"4*•.T:51t+17!S�Cf.!"R'-`TAV�:1�7►rrF7a'�n'�-�nLuxn• s+...+.�.a.�..n.-..w...+.rer-... funds so advanced by Beref iciarl and all interest thereon have been repaid. 38. No RQleases. No Property shall be released from the lien of this Deed of Trust and no person shall be released from liability under the Guaranty or any other obligation secured hereby except in the manner herein specified or except as set out in the Purchase Agreement. Without affecting the liability of any other person for the payment of any obligation herein mentioned (including Granter should it convey the Property) and without affecting the lien or priority hereof upon- any Property not released, Beneficiary may, without notice, release any person so liable, extend the maturity or modify tha terms of any such obligation, grant other indulgences, make future or other advances to Grantor or any one or more parties comprising Grantor, assign or in any manner transfer this Deed of Trust, release or reconvey ar cause to be released or reconveyed at any time all or part of the Property described herein, take or release any other security or make compositions or other arrangements with debtors. Beneficiary may also accept additional security, either concurrently herewith or thereafter, and sell same or otherwise realize thereon, either before, concurrently with, or after sale hereunder. 39. Usuryt3isrlaimer. Grantor acknowledges and warrants that the proceeds of the loan evidenced by the Purchase Agreement are intended to be and shall be, used exclusively for commercial and to business pl.•rposef--; and not for personal, family or household purposes. it is the specific intent of Grantor and Beneficiary ;.2 that the obligation bear a lawful rate of interest. Tf any court :� of competent jurisdiction should determine that the rate therein .: pMvvided far exceeds that which is statutorily permitted for the type of transaction evidenced thereby, the interest rate shall, be r-`" reduced t❑ the highest rate permitted by applicable law, with any excess interest theretofore collected being applied against the principal of the obligation. 40. Further Assurances. Grantor, from time to time, within fifteen (15) days after request by Beneficiary, shall execute, acknowledge and deliver to Beneficiary, such chattel mortgages, security agreements or other similar security instruments, in form and substance reasonably satisfactory to Beneficiary, covering all property of any kind whatsoever owned by Grantor or in which Grantor has any interest which, in the reasonable opinion of Beneficiary, is essential to the operation of the Property covered },y this Deed of Trust. without limiting the generality of the foregoing, Grantor shall, within fifteen (15) days after request by Beneficiary, execute, ackn;;wledge and deliver to Beneficiary, or to any governmental agency having jurisdiction over the improvement and development of the Property, such written statements, acknowledgments, authorizations, agreements or directions as may be reasonable necessary to further effectuate the grant of the security ent-related rights and referrcd to interest n clause those [d) din the mintroductory provisions nOfrtrts - 19 - q: \0St00\05485\0001 \dot..gr Jw 10, 1994 --��+n-ay.1Tn'}I�.!"'.7VaM7?U'M1r+crhlTl!nr.'.rr�....�.i.... _..��...�.+.,�_, • -- Deed of Trust. Grantor shall further, from time to time within fifteen (15) days after request by Beneficiary, execute, acknowledge and deliver any financing statement, renewal, affidavit, certificate, continuation statement or other document as Beneficiary may reasonably request in order to perfect, preserve, continue, extend or maintain the security interest under, and the priority of, this Deed of Trust and the priority of such chattel mortgage or other security instrument. Grantor further agrees to pay to Beneficiary on demand all reasonable costs and expenses incurred by Beneficiary in connection with the preparation, execution, recording, filing and refiling of any such instrument or document, including the charges for examining title and the attorneys' fee for rendering an opinion as to the priority of this Deed of Trust and of such chattel mortgage or other security instrument as a valid and subsisting lien. However, neither a request so ..,adc by Beneficiary nor the failure of Beneficiary to make such request shall be construed as a release of such Property, or any part thereof, from the conveyance of title by this Deed of Trust, it being understood and agreed that this covenant and any SiiCta Coal.•.cl aTivrtyayc, security ugrcciucila. or other ..r+.-f instrument, delivered to Beneficiary are cumulative and giver_ as additional security. 41. Time of Performance. Time is of the essence hereof in connection with all obligations of Grantor herein. 42. P'-^tices. Grantor requests that any Notice of Default or Notice of Sale hereunder be mailed to it at its address as hereinbefore set forth, with a copy addressed to the Grantor c/o 1500 - 1075 West Georgia Street., Vancouver, British Columbia, Canada V6E 3G2, Attention: B. Vanderburgh. All notices to Grantor by Beneficiary or to Beneficiary by Grantor given as a specified condition to or in connection with the exercise of any right or remedy with respect to any default under the Purchase Agreement, the Guaranty, this Deed of Trust or any other security shall be in writing and forwarded by registered or certified U.S. mail, return receipt recaested, with postage prepaid, and addressed to the recipient at its address stated on page 1 hereof. Notices shall be deemed effective and any time periods referred to therein shall commence on the date such notice is deposited in the U.S. Mail, as evidenced by the postmark affixed by the post office. Either party may change its address for such notices by giving written notice to the other in the manner hereinabove described, with such change effective for notices given after fifteen (15) days following the effective date thereof (or such later effective date as is specified therein) . No person may disclaim actual knowledge and no right or remedy shall be deemed waived as a result of any failure to comply with the requirements of this paragraph. 43. Beneficiary's flight to Inspect. Beneficiary and its agents and representatives may enter upon the Property at all reasonable times to attend to Beneficiary's interest and to inspect the Property. Such rights include, without limitation, - 20 - S^.03400\0 48510001\Aot.aer loot 10, 1094 Beneficiary's and its agents' and consultants' inspections, surveys, testing, code compliance evaluations and environmental assessments prior to or in connection with any foreclosure or other remedy. 44. Omitted. 45. As ianment by Beneficiary. Beneficiary may assign for security purposes this Deed of Trust in whole or in part to any person and may grant for security purposes, participation in any of its right: under this Deed of Trust. Except as set forth above and in paragraph 22 above, neither Beneficiary nor Grantor may assign this Deed of Trust to any person at any time. 46. Multiple Grantors. If Grantor is comprised of more than one person or entity, then the term "Grantor" shall refer to all such persons or entities collectively and to each such person or entity individually, such that all obligations, covenants, warranties, requirements, restrictions, and other provisions of this Deed of Trust shall apply bvt h If Grantor is comprised of more than one person or entity, then each of such persons or entities shall be jointly and severally liable for the indebtedness secured by this Deed of Trust for the performance of Grantor's obligations under the Guaranty, and for any default on the part of any one or more of the persons or entities comprising Grantor. This Deed of Trust shall be so L7 construed that, wrsrever applicable, the use of the singular number �-1 shall include the plural number, the use of the plural number shall include the singular number, the use of any gender shall be applicable to all genders, and shall likewise be so construed as applicable to and including a corporation. Any act, event or omission which is hereb- defined as a default on the part of L•t' Grantor shall likewise be a default on the part of Grantor should the same exist with respect to any one or more parties comprising Grantor. 47. Legal Relationships. The relationship between Beneficiary and Granter is that of lender and surety, and no partnership, joint venture, or other similar relationship shall be inferred from this Deed of Trust. Grantor shall not have the right or authority to make representations, act, or incur debts or liabilities on behalf of Beneficiary. Grantor is not executing this Deed of Trust as an agent or nominee for an undisclosed principal, and no third party beneficiaries are or shall be created by the execution of this Deed of Trust, other than by the assignment by Beneficiary of this Deed of Trust. 48. Modification. This Deed of Trust may be amended, modified, changed., or varied only by a written agreement signed by the parties hereto. No requirement of this Deed of Trust may be waived at any time except in a writing signed by Beneficiary and any such waiver shall be effective only as to its terms on a singl( occasion. Neither Beneficiary's delay or omission in exercising - 21 - s:1054001054951C00IWot.►gr June 10, 1994 ...r.�........�.r.+nrri++-�r+��.V�•VI�S�P.TM�.lar!wRrOr9C�'�ln1YtM.vRCN-.�.aw..w,w,�....�.�+,-.rn++.n., A any right; power, or remedy --rider this Deed of Trust upon default of Grantor nor Beneficiary's failure to insist upon strict performance of any of the covenants or agreements contained in this Deed of Trust shall be construed as a waiver of any such right, power, remedy, covenant, or agreement or as an acquiescence in Grantor's breach or default. By accepting payment of any sum secured by this Deed of Trust after its due date, Ben:ficiary does not waive its right to require prompt payment of any other sums when due or to declare default for failure to pay. 49. Successors. Subject to the prohibitions against Grantor's assignments herein., this Deed of Trust shall inure to the benefit of and bind all of the earties, their successors, estates, heirs, personal representatives, and assigns. 50. Partial Invalidity. If a court of compctent jurisdiction finally determines that any provision of this Deed of Trust is invalid or unenforceable, the court's determination shall not affect the validity or enforceability of the remaining provisions of this Deed of Trust. In such event, this Deed of Trust shall be construed as if it did not contain the particular provision that was determined to be invalid or unenforceable. No such determination shall affect any provision of this Deed of Trust to the extent that it is otherwise enforceable under the laws of any 12 other applicable jurisdiction. 51. Mutua 1 Ne of i ation . Benef iciary and Grantor conf irm that they have mutually negotiated this Deed of Trust and that none of the terms or provisions of this Deed of Trust shall be construed against either party. 52. Paragraph Headings. The paragraph headings are for convenience only and in no way define, limit, extend, or describe the scope or intent of this Deed of Trust or any of its provisions. 53. Applicable Law. This Deed of Trust and the rights of the parties hereunder shall be governed by, construed, 'and enforced in accordance with the laws of the State where the Property is located. 54. Entire _Agreement. This Deed of Trust, including any exhibits or addenda, contains the entire agreement of the parties with respect to the subject matter hereof. 55. Counterparts. This Deed of Trust may be executed in two (2) or more counterparts, all of which shall constitute one and the same instrument and lien. The signature pages of exact copies of this Deed of Trust may be attached to one copy to form one complete document. Additional copies of this Deed of Trust may be executed in counterparts and recorded in two or more counties, all of which shall constitute one and the same instrument and lien. June 10, 1994 ._-�.r+�••;�.n�...1'!"rt^r,T,.T'+'�x!�frur+c� r '.7'. � M 56. Flircbase Agr9g.-..a-e This Deed of Trust is given pursuant to the Purchase Agreement and to the extent there is any provision in this Deed of Trust which is inconsistent with th:s Purchase Agreement, the Purchase Agreement shall control. IN WITNESS WHEREOF, Grantor has caused this Deed of Trust to be duly executed on the day and year first above written. "GRANTOR" PARKLANE VENTUR S, I C- a Washington po t' n By: Its: President By: Its: ^*' BRITISH COLUMBIA ) PROVINCE va� s`i+i ss. CANADA ) I certify that I ]snow or have satisfactory evidence that !� PEETER WESIK Amy , to me known to be the President 4tRO 1XRRR*R#k R1Yx of �7 PARKLANE VENTURES, INC., a Washington corporation, signed this instrumen'- and acknowledged said instrument to be the free and voluntary act and deed of said corporation as for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. WITNESS my hand and official seal hereto affixed on June 16 1994. (Printed Nave] B RA VANDERBURGH Notary Public and for the Province of British Columbia, Canada My appointment expires n/a QAR"ARA VANDER13URGH Ba"'410r & Sol"Ofor 1500 - 1075 1';c5t Genrµin Street Var.tr-nn, P. C WE 3G2 Ph. (604) 631-4937 - 23 g:165400105435\0001\dot.,¢r June 10, 1994 EXHIBIT A This Exhibit A attached to and specifically made a part of that certain Deed of Trust executed by Parklane Ventures, Inc., a i Washington corporation, as Grantor, to Chicago Title Insurance Company, as trustee, in favor of 3034518 Canada Inc., a corporation, 3034526 Canada Inc., a corporation, and 3034500 Canada Inc., a corporation, as beneficiary, sets forth the real property encumbered thereby and therein referred to, to -wit: Regency bloods Division II (Brittany Lane): CNned: Lct 5', Recency Woods Division II, as recorded in Volume 155 o' plats, pages 15 through 20 inclusive, records of King County, '+.ash i nat,cn . Regency Woods Division IV (Hillcreek): Owned: Lots 32-50, 67-70, 73, 80, 81, 87--92, and 105-111, Regency Woods Di-rision IV, as recorded in Volume 156 of Plats, pages 33 through 37, inclusive, records of King County, Washington — Alder Glen: Owneu : Lots 4-9, 22-25, 31-34, 36, 37 and 39, Alder Glen, as per plat recorded in Volume 165 of Plats, pages 78-81, inclusive, records of King County, Washington. .- ..._........r.n,.,....w,��!nT'S�l7Y►!�t�!'+�..ti+^7+:rA�'1�A�S�e. =_-S7 47.7 . = 0 _ 0 _.._. VCR^�' �'_' QUARTS . OF SO ST 0= 5 =CN TOV S= -- 22yNOR _ RANGE 4 MIST W.M. , MT SGL= = 15.00 _=E_ 0_ T= SAS':' 82.5 _ - __�N GFNO R_ rraST QCAR_�t OF T'_. SOy_�: QU�1R:=..R OF 22 NORT::, RANGL 4 EAST W.M. , IN K_'YG COUNTY, WAS =_:`C- ='V, L?C== FUl-LjL`r DES C3Z3= AS FOLLOWS. A7 7-. NOR 7a.M=-ST CORN--'.r_ OF SA-=, NOi TM-YIEST QUAP_''_-R OF "--- SCu-?=5`= QUARTER OF SECTION 33, SA_TD POSIT OF BEGINNMG DESC3 = AS 2E=,VG ME CE-2 z OF SAID SECTION 33 82"23'32" EAST ALONG =E NORTH LINE OF SAID FEZ ' TO THE Iug GMi OF M-1RGIN THE FOLLOWrVG T�''ti-Z COURSES ALM D _.z.. _: ii C=: : SOu== 3='23'03" WEST, 1,505.93 Fir; SO = 90"18' 56" EAST, 24.04 FEET; Lo CC= ..5'23'03" VEST, 78.13 FEET TO TIM- SOU' ' LINE OF SAID r-1 OFF SOL1i.-.r.AST QUARTER OF SECTION 33 8 8 ° 18 ' 5 6' w?ST ALONG SA--LD SOUTIHE LINE, 313.76 FEET COM ER OF S=l NORTF�ST QUARTER OF TF SO%= A-cT Q(A 7-`ZR; NC?__. 0='03' 40" EAST, ALONG Tr WEST LINE OF SAID 216.3 6 FEET TO T.t•_= TRUE P0M T OF BEGINNING; v Pr HA r===T =77C:^i O. T r. SO= 65.00 FEET OF TEr NORTHWEST 0= =E. SOQUARTER QU�QUARTER OF SA- SECTION 33, LYING A M tiEW M=L=TATZY ROADS; TFL?:' PORTION THEREOF LYL*TC `*iITtiIV THE OLD MILITARY =0 AS --='A=L=S�_ED PR=OR TO JANUARY 14, 1939,THE DATE OF T� L'EEC C01'v YI G RING COUNT'_' A RIGrT OF WAY FOR TEE REVISION OF Sr==D CA:) ; _ r ::Cz= =' A 10 FCC'.' STR=? OF LAND CONVaYED TO KMTG COUNTY BY DEED R-CC? =ED UNDER R:CORD=riG NO. 3035929, ADJACENT TO TEE RIGHT OF WA" = C O:Z MTA.cc'_' ROAD; T'OGZH-ER 'rTIT= THE SOUTH -5.00 FEET OF THE EAST 82.5 FEET OF T-=-=- NC~ = --=.AST QUA?-=-= OF = SOLT-zjF7ES^ QUARTS? OF SAID SECTION 33; AND TCGE'=:-: r:t PORTION OF Ve;LC7LT� "OLD" MZ ITAR`_' ROAD, . ALSO KNOTAN AS JO:_V R_TCE COUNTY ROAD NO. 127 AND ALSO KNOWN AS fiGiST ROAD, VACA=- BY K=NG COUNT`_' ORDLYANCE NO. 3055, R=CORDED UNDER KING COUNT'' RECORDITG NO. 7702140525, MORE PARTICULARLY DESC_?D AS FOLLOWS: ALL _': .T PORTT_ON OF "OLD" MILITARY ROAD, ALSO KNOWN AS JOHN RI=- COUr1'^`_' ROAD NO. 127, LYLYG SOUT?t'RLY OF Mm NORTH LINE OF TBE' NOR=':-riEST QUA? .TR OF THE SOFT QUARTER OF SA= SECTION 33, LYING NORTt.� ?-7-jY OF Tom- SOUTH 65 FEET OF : AZD SUBDIVISION. BOTH S=itiATE _TN THE COUNTY OF FLING, STATE OF WASHINGTON PARCEL A: Ttiat portion of the Scuthwest quarter of the Northeast quarter of Sectior, 33r Township 2Z North, Range 4•Eastr W.M.r.in King County, Was` ir,' cr r described as follows: SEGINNING at the Southwest corner of said subdivision; t`ience North 52 degrees 16 minutes 20 seconds East 773.45 feet; j thence South 60 degrees 00 minutes 00 seconds East 654.03 feet; I t,;ertce South 42 degrees 58 minutes 00 seconds West 204.87 feet to the South line cf said subdivision; t`ience or, said South line North 89 degrees 41 minutes 25 seconds Nest _042.00 feet to the Feint of Beginning; EXCE''T that portion thereof lying within the following described 1 parcel. 1 E'EGINNING at the Southwest corner of said Northeast, quarter; therica North 52 degrees 16 minutes 20 seconds East 773.45 feet; t`erc4 South 60 degrees 00 minutes 00 seconds East 654.03 feet; (X7 thence Sc!rth 42 degrees 58 minutes 00 seconds West 134.87 feet to V) the true point of beginning; V4thence continuing South 42 degrees 58 minutes 00 seconds West, a di -stance of 70 feet to the South line of said Northeast, quarter; thence along said So!rth line North 89 degrees 41 minutes 25 seconds j West, a distant; of 3'0 feet; thence North 42 degrees .rig minutes 00 seconds East, a distance of �40 feet; thence Southeasterly to the true point of beginning. i Also k.ncwri as a portion of Lot 6 Redondo Heights Unrecorded. j PARCEL r -crtion of the Southwest quarter of the Northeast quarter of Section 33, Township ZZ North, Range 4 East, W.M., in King Countyr R�shingicn, described as follows: E:EGINNING at the Southeast q!:arter of said subdivision; thence North 89 degrees 41 minutes 25 seconds West along South line thereof 201.34 feet; thence North 4Z degrees 58 minutes 00 seconds East 294.Z0 feet; thence South 0 degrees 08 minutes 21 seconds East along East line of said subdivision 216.68 feet to point of beginning, Redondo Heights Unrecorded Lot 5 A► TOGETHER WITH all appurtenances, hereditaments and tenements. Also known as Lot 5A Less County Road of" Redondo Heights Unrecorded 1 -. THE SOUTH ONE FIFTH OF GOVERNMENT LOT 2; - EXCEPT THE EAST 600 FEET THEREOF; EXCEPT THEREFROM THE FOLLOWING: BEGINNING AT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 2; THENCE ALONG THE SOUTHERLY LINE OF SAID - GOVERNMENT LOT 2 NORTH 89'02'28" EAST 454.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID GOVERNMENT LOT 2 NORTH 00'46'15" WEST 252.99 FEET TO THE NORTHERLY LINE OF THE SOUTH ONE-F77TH OF SAID GOVERNMENT LOT 2; THENCE ALONG SAID NORTHERLY LINE NORTH '.o 89'02'18" EAST 227.74 FEET TO THE WESTERLY in LINE OF THE EAST 600 FEET OF SAID GOVERNMENT LOT 2; THENCE ALONG SAID WESTERLY LINE SOUTH t 00'46'15" EAST 263.00 FEET TO THE SOUTHERLY LINE OF SAID GOVERNMENT LOT 2; VIP THENCE ALONG SAID SOUTHERLY LINE SOUTH ?� 89'02128" WEST 227.74 FEET TO THE TRUE POINT OF BEGINNING; ALSO THE WEST 30 FEET OF THE NORTH HALF OF THE SOUTH TWO -FIFTHS OF GOVERNMENT LOT 2 AND THE WEST 30 FEET OF THE SOUTH 349 FEET OF THE NORTH 791 FEET -OF GOVERNMENT LOT 2; ALL IN SECTION 19, TOWNSHIP-21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON N .z V7 ;I 1� E ": That portion of the southwest quarter of the northeast quarter of Section 33, Township 22 North, Range 4 Bast, W.M., in Ring County, Washington, described as follows: Beginning at the southwest corner of said northeast quarter; thence north 53°34'04" east 773.45 feet; thence south 58°42'16" east 654.03 feet, south 44015'44" west 134.87 feet to the TRUE POINT OF BEGINNING; thence continuing south 44015'44" west, a distance of 72.68 feet to the south line of said northeast quarter; thence along said south line north 88023'41" west, a distance of 35C feet; thence north 44015'44" east, a distance of 240 feet; thence southeasterly to the TRUE POI- OF BEGINNING; (ALSO KNOWN AS a portion of Lot 5, Redondo weights, according to the u-nrecorded plat thereof). 0 LOT 1, KING COM;TY 5a--ORT PLAT NtMER 480019R, RECORDED u"ER RECORflING NM,"BER 8004230453 BETNG A PORTION OF SECTION 9, TOWNSHIP 21 NORTH, RANGE, 4 EAST, V--LLAZ=E MERIDIA,Y, IN FLING COUNTY, WAS141WGTON. . _•_•_—,.u.w.Y.�..,a_r,r•er•.--+��s,.�..r.!•�.,rrl� ... .. .. i=vl :,_, 0 �. OCT 25 '95 12:01 SERFIRST BUILDER BY, F&SFAFIRSTRAW SUBORDINATION AGREEMENT P.2/4 SFNB No. 6767359586 NOTICE: THIS SUBORDINATfON AGREEMENT RESULTS IN THE SUBORDINATING PARTY'$ SECURITY WEnEST IN THE PROPERTY BECOMING SUBJECT TO ANC OF LOWER PRIORM TKAN THE LIEN CF SCME LATER OR OTHER SECURITY INSTRUMENT. 1 . 3034513 CANADA INC., a Canadian corporairon, 3034526 CANADA INC.. a Canadian corporation, and 3034500 CANADA INC.. a Canadian corporation, ('Subordinalf'), is the owner and holder of the following documents executed by PARKLANE VENTURES, INC„ a Washington corporation (hereafter eollectivefy referred to as the 'Second Deed Of Trust'): *'f a) p"g 41 Trust dated May 31, 1994, recorded June 22, 1994, under Auditors File No. Q 9406221562, records of King County, Washington. rf SEATTLE•FIRST NATIONAL BANK, a national banking association, ('Lander') is the owner p and holier of the following documents executed by PARKJANE VENTURES, INC., a "I Washington corporation (hereinafter collectively referred to as the 'First Deed of Ll Trust'): Gl cps a) ¢� dated ptember 13 1995, recorded Z� } t i.q-nder Auditors File No. ,'7I0I records of King County, Washington. I 3. PARKLANE VENTURES, INC., a Washington corporation, ('Owner") is the owner of all the real property described in the First Deed of Trust. 4. In consideration of benefits to Subordinator from owner. receipt and sufficiency of which is hereby acknowledged, and to induce Lender to advance funds under its First Deed of Tnlst and all agreements in connection therewith, Subordinator hereby unconditionally 1 subordinates the lien. security interest and rights granted by the Second Deed of Tarsi to the lien, security interest and rights granted by the first Deed of Trust, and to all advances or charges made or accruing under the First Ceed of Trust, including any extension or renewal !hereof, to the same effect as though the First Dead of Trust had been placed on record before the Second Deed or Trust. 5. It is understood and agreed that a default under the First Deed of Trust shall constitute a default under the Second Deed of Trust, and Subordinator, upon such default, may. at its option, without demand or notice, declare the whole sum secured by the Second Deed of Trust with interest thereon to be immediately due and payable. or Subordinator may, at its option, cure the default and add any amounts paid in curing the default to the amount due under the second Deed of Trust without waiving any of its rights under the second Deed of Trust or the Note which It secures. 5. Subordinalr acknowledges that, prior to the execution of ,his Agreement, Subordinator has ha-: the aopc;lunity 10 examine the terms of the First Deed of Trust. Nate and agreements totaling thereto which $ubordinalor consents to and approves. Subordinator acknowledges that Lender has no obligation to Subordinator to advance arty funds under the First Deed of Trust or see to the application of any funds advanced. Any appl'icalion or use of such ?ands for purposes other than those provided for in the First heed of Trust, Note or other agreements shall not defeat this subordination in whole or in part. 7. It is understood by the parties hereto that Lender would not make the loan secured by the First Deed of Trust without this Agreement. B. This Agreement shall be the whole and only agreement .etween the parties hereto with regard to the subordination of the Second Deod of Trust to the First Deed of Trust, and shall supersede and cancel any prior agreements regarding sulordination including, but not limited to, those provisions, if any, contained in the Second Deed of Trust which provides for the subordination of tho lien or charge thereof to a deed cf trust or deeds of trust 10 brt thereafter executed. g, This Subordination Agreement is entered into by Subordinator only and solely for the benefit of the present and future owners and holders of the indebtedness secured by the First Deed of Trust and not lot the benefit of, nor !n favor of, any other person or party. The Second Deed of Trust is in full force and effect and asserted by Subordinator except as expressly hereby subordlnatod. E7 7-=7M'17 OCT 25 195 12:02 SEAFIRST BUILDER BK. P.3/4 10. This Subordination Agreement shall net impair the validity or priority of the Second Dead of Trust as to real property not described in the First Deed of Trust. 11. It is contemplated that this Subordination Agreement witi be fl!ed for record after the First Deed of Trust is filed, and Subordinator specifically authorltes Lender or its agent to inserl in this Agreement where indicated The actual Rling delta and number of the Gird Deed of Trust and such insertions shall be binding upon Subordinator. 12. The heirs, administrators. assigns and successors in interest of Subordinator shall be bound by this Agreernenl. The words 'Deed of Trust' shall refer to 'mortgage' where appropriate. Executed this QZday of NOTICE- THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE OWNER TO OBTAIN A LOAN SECURED BY A LIEN WHICH WILL HAVE PRIORITY OVER THE SUSCRDINATtNG PARTY'S LTISN AND ALL OR A PORTION of THE LOAN MAY SE EXPENDED FOR pUppOSES OTHER THAN IMPROVEMENT OF THE REAL PROPERTY. IT IS R£C DMMlENDED THAT, pFiCRTO THE EXECUTION OFTHSSIJSOR{IINATION AGREEMENT. THE PARTIES CONSULT WSTH THEM ATTORNEYS. OWNER: WasNn E V a WashinII}9C., I a gton era ' n By: Its: .S C� c� �i 0 LO 0) PRV INCE OF BRITISH CCLLJMBIA ) l§ CCITRYCFVANCOIJVER SUBORDINATOR: 3034518 CANADA INC., a Canadian corporation By: Its: 3034526 CANADA INC.. a Canadian corporation By: Its: 3034500 CANADA INC.. a Canadian corporation gy. On this _ day at _ 1 g__, before me, personally appeared CHRIS NIEMAN. to me known to be the PRESIDENT of 3034510 CANADA INC. a Canediian corporation. the corporation that executed the within and foregoing instrument, and acivtowladgsd said instrument to be the free and voluntary act and dead of said corpara::lon, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that She seat affixed, it any, is the corporate seal of said .Vrporation. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. t/rw Narfry Nama1 — Notary Public for Province of British Columbia residing at My appointment expires I 7 SM BY:McMisier McIghmi :10-m-85 : 3:52PlI : (514) 854-4448- 514 874 2911:a V 4 7a. Thdr 9 x� 'a Shelf MM V%P4r tine raiWy M MWy N MO lewd Dead rt T" ai t* FW ;eta *AV nmc d*=ibcd in fh9 ?Irn DGdjd el TMK . >'t �a =MweetpWW Ihu +hie $W)XdMII6ft A;M*ff4k.0 14 Alw W MQDM aW ow P*9 Dcd of Tm* a R� and 94bordinefar �* 3s� tm Lf>r4w +" yp iraer rT 1}a a Agt=errart rt►ara irr5uard *0 am" ,sing dot,, f+Faa r4rXnCAr Cf ow $;'m Ddod el 7m m ersaf3 mash 1,wicn, *W ha Lir 6rq L'ON &As> WW' O4mir><Cbvwl, aa,igm am swcoss ore N k~ to 44umenacor oex bs =aiR+d M AV"-wd. YNO word, °Drid 0 TW am[I rew to 'mmtg W +rheas tp9rwwt. X.vtW, 7 fhb lUb"y of WT?Cr: THM f3UWMNAr,aN Ajnsimurj�r. CONTAKS A WVMm wwex ALLO S Tk[ OWNER TO MAN A LCsrusf WURGO FIV A LIGN �ftY&L XAY! PAK RTiY ov" TPON 'LGMINA114 POMM LO AHM, ALL OR A PpATM OF TK LCM MAY li MNX() FGA PFOM S ]pfy��gp�q T iT,7i�iAAR}I MTN T4R.i.TMANM PARgANFL VUfrLM M. a wasKD M conmatbm CANQA M., G7 .SWAM i� C r l 30U= QAMDA NO.. DECUI= before me at the Cit7 of tioatreal, is L•Lw• I'rovinr.n mf �^:+ec, : `;ti • a;.".. 13th day of Sept ti03995. Edo r - r #G7.? 3' d COXMt6litlRer of KjOf' Dinrrict of }foatrea ■+'r r.. + *�' OCT 25 '95 12:02 —.i If?ST BUILDER BK, PROVINCE OF BRITISH CMUNSIA } ]4 tY.l•tMOFVANCOUVER i P.4/4 On this day of ___ ____ 19 _, before ma. Personally appeared riaARY SANTINt to me known to be the PfiE3If7EN7 of 3P34526 CANADA INC., a Camden corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and puWes therein mentioned, and on oath slated that he was authorised to execute said instrument and that the seal allixed, lr arty, is the eorporale seat of said corporation. In witness whereof I have hereunto set rry hand and affixed my official seal the day and year First above written. (Poor NIXiry Nane�,[_ — Notary Public for Province of British Columbia residing at My appointment expires 1 1 � PROVINCE OF BRITISH COLUMBIA y r1 CCUN YOFVANCOUVER 1 C -4 On this _ day of 19_, before me. personally WILLIAM PARNETTA to me known to be the PRESIDENT of 3034500 CANACA INC. a appeared Canadian corporation, the corporation that executed the within and foregoing instrument• and acknowledged said Instrument to be the free and voluntary act and dead of sold oogwation, for the uses and purposes therein mentioned. and on oath stated that he was authorized to execute said instrument and that the seal affixed, ifany, is the corporate $eal of said corporation. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. t (PMr Nairy v—F Notary Public for Province of British Columbia residing at My appointment expires S', ATE OF WASHINGTCN } 15 COIMYCF } On this day of ..�. 19before me, personally appeared 11Etr±rj::' ■� _, to me known to be the PRESIDENT of PARKLANE VENTURES, INC., a Washington corporation, the corporation that executed the within and foregoino_ instrument, and acknowledged said instrument to be the tree and voluntary act and deed of said corporation, for the uses and purposes therein mentoned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, If any, is the corporate seal of said corporation. In witness whereof I have hereunto set my hand and affixed my official seal the day and year flrst above written. ----7:> NotWy Publie In and fair the 00 -ef Fro� residing at appointment expiroa ! de 6.¢. a rvte.wP+r✓� a ��rr15 turn ol arr y C. Luthe:". '• Lawyer �_,`"••' r n:chards Buell Sutton 111 Melville Sxrnrl Vancouver, 11 C. Teh (C041 8H^•.'OC4 u .10 A0 i XSE4FlRST B.4NK 1"MF9C AFTER RECORM40 RETURN TO: SEATTIE•FIRST NATIONAL BANK No. 67MS"96 BURDFR BANKING Td. Co. a No. Sloan We 10300 N.E iTF4 STREET, SUITE 400 C_y or W.W.0. ,1c No.: 268117 BF13EW8, WA 99004 AN-6-: FG J.& Bum DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING WITH ASSIGNMENT OF LEASES AND RENTS i THIS DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING WITH ASSIGNMENT OF LEASES AND RENTS ("Deed of Trust") is made September 13, 1995 by PARKLANE VENTURES, INC., a Washington corporation, as "Grantor", whose address is 31620 23rd Avenue S., Federal Way, WA 98003; t, RAINIER CREDIT COMPANY, as "Trustee", whose address is P.O. Box 33828, FAB-19, Seattle, WA 98124-3828, for the benefit of SEATTI E-FIRST NATIONAL BANK, a national banking Association, as "Beneficiary", whose address is 10500 N.E. 81h Street, Suite 400, Bellevue, WA 98004, Attention: Real Estate Loan Administration. v ARTICLE I 1. Granting Clause. Grantor irrevocably grants, bargains, sells and conveys to Trustee and its successors and assigns in trust, with power of sale and with right of entry and possession as provided herein all Grantor's estate, right, title, interest, claim and demand, now owned or hereafter acquired, in and to the following (the "Property"): (� r (a) The real property in King County, Washington, described in ScheduleA `attached and any and all improvements now or hereafter located thereon (the "Real Property"). (b) All land lying in streets and roads adjoining the Real Property, and all access ~' rights and easements pertaining to the Real Property. (c) All the lands, tenements, privileges, reversions, remainders, irrigation and water rights and stock, oil and gas rights, royalties, minerals and mineral rights, all development tights and credits, air rights, hereditaments and appurtenances belonging or in any way pertaining to the Real Property. (d) All buildings, structures, improvements, fixtures, equipment and machinery and property now or hereafter attached to or used in connection with the use, occupancy or operation of F the steal Property including, but not limited to, heating and incinerating apparatus and equipment, boilers, engines, motors, generj;ing equipment, telephone and other communication systems, piping and plumbing fixtures, ranges, cooking apparatus and mechanical kitchen equipment, refrigerators, cooling, ventilating, sprinkling and vacuum cleaning systems, fire extinguishing apparatus, gas and electric fixtures, irrigation equipment, carpeting, underpadding, elevators, escalators, partitions, mantles, built-in mirrors, window shades, blinds, screens, storm sash, awnings, furnishings of public spaces, halls and lobbies, and shrubbery and plants. All property mentioned in this subsection (d) shall be deemed part of the realty and not severable wholly or in part without material injury to the Real Property. (e) All rents, issues and profits of the Real Property, all existing and future leases Y of the Real Property (including extensions, renewals and subleases), all agreements for use and occupancy of the Real Property (all such leases and agreements whether written or oral, are hereafter rererred to as the " Lzases"), and all guaranties or lessees' performance under the Leases, together with the immediate and continuing right to collect and receive all of the rents, income, receipts, revenues, issues, profits and other income or any nature now or hereafter due (including any income of any nature coming due during any redemption period) under the Leases or rroin or arising out of the Real yN Ol I- _. s Property including minimum rents, additional rents, percentage rents, parking or common area maintenance contributions, tax and insurance contributions, deficiency rents, liquidated damages following default in any Lease, all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by destruction or damage to the Real Property, all proceeds payable as a result of exercise of an option to purchase the Real Property, all proceeds derived from the termination or rejection of any Lease in a bankruptcy or other insolvency proceeding, all. security deposits or other deposits for the performance of any lessee's obligations under the Leases, and all proceeds from any rights and claims of any kind which Grantor may have against any lessee under the Leases or any occupants of the Real Property (all of the above are hereafter collectively referred to as the "Rents"). This subsection (e) is subject to the right, power 1 and authority given to the Beneficiary in the Loan Dements (as defined herein) to collect and apply s ; the Rents. (f) All of Grantor's rights to further encumber said Real Property for debt and all Grantor's rights to enter into any lease agreement which would create a tenancy that is or may become subordinate in any respect to any mortgage or deed of trust other than this Deed of Trust. 2. Collateral. The following deszribed estate, property and rights of Grantor are also included as security for the performance of each covenant and agreement of Grantor contained herein and the payment of all sums of money secured hereby: (a) All furniture, furnishings, appliances, machinery, vehicles, equipment and all other property of any kind now or hereafter located on the Property, used or intended to be used on the Property wherever actually located, or purchased with the proceeds of the Note (as defined herein), and all rights of Grantor as lessee of any property described in this Section 2 and subsection l (d) above. C (b) All compensation, awards, damages, rights of action and proceeds (including .•� insurance proceeds and any interest on any of the foregoing) arising out of or relating to a taking or damaging of the Property by reason of any public or private improvement, condemnation proceeding (including change of grade), fire, earthquake or other casualty, injury or decrease in the value of the Property. C� (c) All returned premiums or other payments on any insurance policies pertaining to the Property and any refunds or rebates of taxes or assessments on the Property. (d) All rights to the payment of money, accounts receivable, deferred payments, refunds, cost savings, payments and deposits, whether now or later to be received from third parties (including all utility r':,posit.$), architectural and engineering plans, specifications and drawings, contract rights, governmental permits and licenses, and agreements and purchase orders which pertain to or are incidental to the design or construction -of any improvements on the Property, Grantor's rights under any payment, performance, or other bond in connection with construction of improvements on the Property, and all construction materials, supplies, and equipment delivered to the Property or intended to be used in connection with the construction of improvements on the Property wherever actually located- (e) All contracts and agreements pertaining to or affecting the Property including, but not limited to, management, operating and franchise agreements, licenses, trade names and trademarks. (f) All of Grantor's interest in and to the proceeds of the loan (the "Loan`) evidenced by the Note (defined below), whether disbursed or not, any account into which Loan proceeds are deposited, and Grantors own funds now or later held on deposit as equity funds or for payment of bills relating to the Property. (g) All loan commitments or other agreements, now or hereafter in existence, which will provide Grantor with proceeds to satisfy the Secured Obligations (defined below) and the right to receive the proceeds due under such commitments or agreements including refundable deposits and fees. 2. (h) All books and records pertaining to any and all of the Property and the other collateral described above, including computer readable memory and any computer hardware or software necessary to access and process such memory. (1) All additions, accessions, replacements, substitutions, proceeds and products of the Property described in this Section 2 and of any of the Property which Is personal property. The Property and all of the property and rights described in Sections 1 and 2 above are referred to collectively in this Deed of Trust as the "Collateral". 3. Security Agreement. If any of the Collateral is determined to be personal property, Grantor as Debtor hereby grants to Beneficiary as Secured Party a security interest In all such Personal property to secure payment and performance of the Secured Obligations. This Deed of Trust constitutes a security agreement between Grantor and Beneficiary pursuant to the Uniform Commercial Code as adopted in the State of Washington, as now or hereafter amended, with respect to the Collateral, and any and all property affecting or related to the use and enjoyment of the Property, now or hereafter desczibed in any Uniform Commercial Code Financing Statement narning Grantor as Debtor and'Beneficiary as Secured Party. The remedies of Beneficiary for any violation of the covenants, terms and conditions of this Dee: -if Trust or any other Loan Document (defined below) shall include all remedies available to secured parties under the Uniform Commercial Code. Grantor agrees the filing of a financing statement in the records normally having to do with personal proper., shall not be construed as in anywise derogating from or impairing the intention of Grantor and Beneficiary that everything used in connection with the production of income from the Property that is the subject of this Deed of Trust and/or adapted for use therein and/or which 1s described a reflected in this Deed of Trust is, and at a1i times and far all purposes and in all proceedings both legal or equitable shall be, regarded as part of the real estate irrespective of whether (i) any such item is phys'tcaily attached to the improvements, (ii) serial numbers are used for the better identification of certain equipment items capable of being thus identified in any list fled with the Beneficiary, or (ii) any such item is referred to or reflected in any such financing statement so filed at any time. I,- v-4 4. Financing Statement. This Deed of Trust shall also constitute a financing statement r4 filed for record in the real estate records as a fixture filing pursuant to the Uniform Commercial Code. El- This Deed of Trust may be given to secure an obligation incurred for the construction of Oimprovenwrita on the Properly, including the acquisition of the Property, or to secure an obligation TA incurred to refinance an obligation incurred for the construction of improvements on the Property, including the acquisition of the Property. 5. Obligations Secured. The following obligations ("Secured Obligations") are secured by this Deed of Trust: (a) Payment of the sum oFTWO MILLION THREE HUND11RD FTM-FOUR THOUSAND FOUR Hi3M3R-RD THIRTY ONE AND N0/100 DOLLARS (S2,354,131.00) with interest thereon according to the terms of a promissory note of even date herewith, payable to Beneficiary or order and made by Grantor, including all renewals, amendment:, modLAcations, extensions and substitutions ihcrefoi (the "Note'). THE NOTE MAY CONTAIN PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE. (b) Payment of any further sums now or hereafter advanced or loa W by Beneficiary to Grantor, or any of its successors or assigns, and payment of every other present and f."r obligation owing by C.-aTit or to Beneficiary of any kind, and all renewals, modifications, and extensions thereof, including any interest, fees, costs, service cha*Sea, indemnifications and expenses connected with such obllgations, if (1) the promissory note or other written document evidencing the fumm advance or loan or other obligation specifically states that it is secured by this Deed of Trull, or (`u) the advance, including costs and expenses incurred by Beneliciary, is made pursuant to the Note, this Deed of Trust or any other documents executed by Grantor evidencing, sscuring, or relating to the Loan, and/or she Collateral, what her executed prior to, contemporaneously with, or subsequent to this Deed of Trust (this Deed of Trust, the Note and all such other documents, including any construction or other loan agreement, and all renewals, amendments, mod iReal Ions or extensions thereof, Ise hereafter collectively referred tv as the 'Loan Documents'), together with interest thereon at the rate set forth in the Note, unless otherwise specified in the Loan Documents or agreed in writing. (c) Performance of each agreement, term and condition set forth or incorporated by reference in the Loan Documents, as such may be amended. (d) Performance and payment of the obligations of Grantor (or any other obligor under the Note) under each and every existing or future "swap transaction" (i.e., any transactions governed by an ISDA master agreement) to which Grantor (or the obligor under the Note) and Beneficiary are parties, if this Deed of Trust is referenced in such transaction as a credit support document. Notwithstanding any of the foregoing, the Secured Obligations sha!I not include the obligations of Grantor under any Certificate and Indemnity Agreement Regarding Building Laws and Hazardous Substances now or hereafter executed by Grantor (or any other person or entity) in connection with the loan evidenced by the Note. Grantor hereby (i) waives presentment, demand, protest and notice of acceptance, demand, protest and nonpayment, (ii) waives any and a1.1 lack of diligence or delays in collection or enforcement, the right to plead laches and any and all statutes of limitation as a defense to any demand, or any other indulgence or forbearance whatsoever with respect to the Secured Obligations; (iii) waives notice of acceptance hereof by Bank or Trustee under this Deed of Trust; (iv) waives notice of any and all advances made under the Loan Documents or any other agreement secured by this Deed of Trust; (v) agrees that Bank may make renewals and extensions of the time for payment of the Secured Obligations, may modify the Secured Obligations, may add or release any property directly or indirectly securing the Secured Obligations, and may other wise deal with the Borrower or any C guarantor or hypothecator or collateral as it may elect, without affecting the rights of Bank hereunder, and hereby waives notice thereof; and (vi) in any action or proceeding to recover any sum :1 secured by this Deed of Trust, waives any defense or right that resort must first be had to other security or to any other person. Grantor's liability for payment and performance of the indebtedness and obligations of Borrower to Bank is not limited to the property encumbered by this Deed of Trust if Grantor has agreed to be liable for such indebtedness and obligations under a guaranty or other agreement with Bank. ARTICLE H 1. Assignment of Rents and Leases. Grantor hereby absolutely and irrevocably assigns to Beneficiary all Grantor's interest in the Rents and Leases. The foregoing assignment is subject to the terms and conditions of any separate assignment of the Leases and/or Rents, whenever executed, in favor of Beneficiary and covering the Property. Grantor warrants it has made no prior assignment of the Rents or the Leases and will make no subsequent assignment (other than to Beneficiary) without the prior written consent of Beneficiary. At Beneficiary's request, Grantor shall execute and deliver to Beneficiary a separate assignment of rents containing such terms and conditions as Beneficiary may reasonably require. (a) Unless otherwise provided in any separate assignment of the Leases and/or the Rents, and so long as Grantor is not in default under the Loan Documents, Grantor may collect the Rents as the Rents become due. Grantor shall use the Rents to pay normal operating expenses for the Property and sums due and payments required under the Loan Documents. No Rents shall be collected for a period subsequent to the current one month rental periad and first or last month's rent. Grantor's right to collect the Rents shall not constitute Beneficiary's consent to the use of cash collateral in any bankruptcy proceeding. (b) If Grantor is in default under this Deed of Trust or any other Loan Document, without notice to Grantor, Beneficiary or its agents, or a court appointed receiver, mny collect the Rents. In doing so, Beneficiary may (i) evict lessees for nonpayment of rent, (ii) terminate in any lawful manner any tenancy or occupancy, (iii) lease the Property in the name of the then owner on such terms as it may deem best, (iv) institute proceedings against any lessee for past due rent, and (v) do all other acts and things as Beneficiary deems necessary or desirable. The Rents received shall be applied to payment of the costs and expenses of collecting the Rents, including a reasonable fee to Beneficiary, a receiver or an agent, operating expenses for the Property and any sums due or payments required under the Loan Documents, in such order as Beneficiary may determine. Any excess shall be paid to Grantor, however, Beneficiary may withhold from any excess a reasonable amount to pay sums anticipated to become due which exceed the anticipated future Rents. Beneficiary's failure to collect or discontinuing collection at any time shall not in any manner affect the subsequent enforcement by Beneficiary of its rights to collect the Rents. The collection of the Rents by or for Beneficiary shall not cure or waive any default under the Loan Documents. Any Rents paid to Beneficiary or a receiver shall be credited against the amount due from the lessees under the Leases. In the event any lessee under a Lease becomes the subject of any proceeding under the Bankruptcy Code or any other federal, state or local statute which provides for the possible termination or rejection of any Lease assigned hereby, Grantor covenants and agrees that in the event any of the Leases are so rejected, no damages settlement shall be made without the prior written consent of Beneficiary; any check in payment of damages for rejection or termination of any such Lease will be made payable both to the Grantor and Beneficiary; :d Grantor hereby assigns any such payment to Beneficiary and further covenants and agrees that upon request of Beneficiary, it will duly endorse to the order of Beneficiary any such check, the proceeds of which will be applied to any portion of the indebtedness secured hereunder in such manner as Beneficiary may elect. (c) Regardless of whether or not Beneficiary, in person or by agent, takes actual possession of the Property or any part thereof, Beneficiary is not and shall not be deemed to be: (i) "a mortgagee in possession" for any purpose; (ii) responsible for performing any of the obligations of the lessor under any Lease; (iii) responsible for any waste committed by lessees or any other parties, any dangerous or defective condition of the Property, or any negligence in the management, upkeep, repair or control of the Property; or (iv) liable in any manner for the Property or the use, C occupancy, enjoyment or operation of all or any part of it. In exercising its rights under this Section I Beneficiary shall be Gable only for the proper application of and accounting for the Rents collected C by Beneficiary or its agents. 2. Leases. Grantor shall fully comply with all of the terms, conditions and provisions of the Leases so that the same shall not become in default and do all things necessary to preserve the Leases in force. Unless otherwise agreed in writing by Beneficiary, without Beneficiary's prior written consent, Grantor will not enter into any Lease (i) on a form of Lease not previously approved by Beneficiary, (ii) for a term of three (3) years or more, or (iii) containing an option or right to purchase all or any part of the Collateral in favor of any lessee. With respect to any Lease of the whole or any part of the Property involving an initial term of three (3) years or more, Grantcr shall not, without the prior written consent of Beneficiary, (a) permit the assignment or subletting of all or part of the lessee's rights under the Lease unless the right to assign or sublet is expressly reserved by the lessee under the Lease, (b) modify or amend the Lease for a lesser rental or term, or (c) accept surrender of the Lease or terminate the Lease except in accordance with the terms of the :,ease providing for termination in the event of a default. Any proceeds or damages result from a lessee's default under any Lease, at BLneficiar}rs option, shall be paid to Beneficiary and applied against sums owed under the Loan Documents even though such sums may not be due and payable. Except for real estate taxes and assessments, without Beneficiary's prior written consent, Grantor shall not permit any lien to be created against the Property which may be or may become prior to any Lease. If the Property is partially condemned or suffers a casualty, Grantor shall promptly repair and restore the Property in order to comply with the Leases. ARTICLE III 1. Non -Agricultural Use. Grantor represents and warrants to Beneficiary that neither the Property nor any other Collateral is used principally or primarily for agricultural or farming purposes. 2. Performance or Obligations. Gi antor shall promptly and timely pay all sums due pursuant to the Loan Documents, strictly comply with all the terms and conditions of the Loan Documents, and perform each Secured Obligation in accordance with its terms. N ti•4i 3. Warranty of Title. Grantor warrants that it has good and marketable title to an indefeasible fee simple estate in the Property (unless Grantor's present interest in the Property is described in Schedule A as a leasehold interest, in which case Grantor warrants that it lawfully possesses and holds a valid leasehold interest in the Property as described in Schedule A), and good marketable title to the personal property Collateral, subject to no liens, encumbrances, easements, assessments, security interests, claims or defects of any kind prior or subordinate to the lien of this Deed of Trust, except those listed in Beneficiary's title insurance policy or approved by Beneficiary in writing (the "Exceptions") and real estate taxes and assessments for the current year. Grantor warrants the Exceptions and the real estate taxes and assessments are not delinquent or in default, and Grantor has the right to convey the Property to Trustee for the benefit of Beneficiary, and the right to grant a security interest in the personal property Collateral. Grantor will warrant and defend title to the Collateral and will defend the validity and priority of the lien of this Deed of Trust and the security interests granted herein against any claims or demands. 4. `Prohibited Liens. (a) Subject to Grantor's rights under subsc-`ion (b) below, Grantor shall not permit any governmental or statutory liens (including taxes, mechanic's or materialmen's liens) to be filed against the Collateral except for real estate taxes and assessments not yet due and liens permitted by the Loan Documents or approved by Beneficiary in writing. (b) Grantor will have the right *o contest in good faith by appropriate legal or administrative proceeding the validity of any prohibited lien, encumbrance or charge so long as (i) no default exists under the Loan Documents, (ii) Grantor first deposits with Beneficiary a bond or other security satisfactory to Beneficiary in the amount reasonably required by Beneficiary, but not more r-t than the amounts specified in RCW 60.04.161, as now or hereafter amended; (iii) Grantor .C•t immediately commences its contest of such lien, encumbrance or charge, applies to court for a show cause as provided for in RCW 60.04.221(9), as now or hereafter amended, and continuously pursues O the contest in good faith and with due diligence; (iv) foreclosure of the lien, encumbrance or charge is stayed; and (v) Grantor pays any judgment rendered for the lien claimant or other third party within Ci ten (10) days after the entry of the judgment. If the contested item is a mechanic's or materialmen's lien, Grantor will Furnish Beneficiary with an endorsement to its title insurance policy which insures the priority of this Deed of Trust over the lien being contested. Grantor will discharge or elect to contest and post an appropriate bond or other security within twenty (20) days of written demand by Beneficiary. 5. Payment of Taxes and Other Encumbrances. Grantor shall pay the real estate taxes and any assessments or ground rents at least seven (7) days prior to delinquency unless otherwise provided for in the reser•-;; account Jescribed in Section 15 below. All other encumbrances, charges and liens affecting Collateral, including mortgages and deeds of trust, whether prior to or subordinate to the lien of this Deed of Trust, shall be paid when due and shall not be in default. On request Grantor shall furnish evidence of payment of these items. 6. Maintenance —No Wasre. Grantor shall protect and preserve the Collateral and maintain it in good condition and repair. Grantor shall do all acts and take all precautions which, from the character and use of the Collateral, are reasonable, proper or necessary to so maintain, protect and preserve the Collateral. Grantor shall not commit or permit any waste of the Collateral. 7. Alterations, Removal and Demolition. Unless otherwise agreed in writing by Beneficiary, Grantor shall not structurally alter, remove or demolish any building or improvement on the Property without Beneficiary's prior written consent. Grantor shall not remove any fixture or other item of property which is part of the Collateral without Beneficiary's prior written consent unless the fixture or item of property is replaced by an article of equal suitability, owned by Grantor free and clear of any lien or security interest. S. Co: rplctio„ R,-p:;:r and Rcstc. ^ti^... Grantor shall promptly complete or repair and restore in good workmanlike manner any building or improvement on the Property which may be constructed or damaged or destroyed and shall pay all costs incurred therefor. Prior to I commencement of any construction Grantor shall submit the plans and specifications for Beneficiary's approval and furnish evidence of sufficient funds to complete the work. 9. Crn►pliance with Laws. Grantor shall comply with all laws, ordinances, regulations, covenants, conditions, and restrictions affecting the Collateral, including, without limitation, all applicable requirements of the Fair Housing Act of 1968 (as amended) and the Americans With Disabilities Act of 1990 (as the same may be amended from time to time), and shall not commit or permit any act upon or conceming the Collateral in violation of any such laws, ordinances, regulations, covenants, conditions, and restrictions. Grantor shall defend, indemnify and hold Beneficiary harmless from and against all liability threatened against or suffered by Beneficiary by reason of a breach by Grantor of the foregoing representations, warranties, covenants and agreements. The foregoing indemnity shall include the cost of all alterations to the Collateral (including architectural, engineering, legal and accounting costs), all fines, fees and penalties, and all legal and other expenses (including attorneys' fees) incurred in connection with the Property being in violation of any such laws, ordinances, regulations, covenants, conditions and restrictions. If Beneficiary or its designee shall become the owner of or acquire an interest in -or rights to the Collateral by foreclosure or deed in lieu of foreclosure of this DL-•i of Trust or by other means, the foregoing indemnification obligation shall survive such foreclosure or deed in lieu of foreclosure or other acquisition of the Collateral. Notwithstanding the preceding sentence, Grantor shall have no obligation to defend, indemnify or hold Beneficiary harmless from any liability arising from or out of the activities of Beneficiary or its agents with respect to the Collateral on or after the transfer of the Collateral to Beneficiary pursuant to foreclosure proceedings or in lieu thereof. 10. Impairment of Collateral. Grantor shall not, without Beneficiary's prior written 1~ consent, change the general nature of the occupancy of the Property, initiate, acquire or permit any Cchange in any public or private restrictions (including without limitation a zoning reclassification) limiting the uses which may be made of the Collateral, or take or permit any action which would impair the Collateral or Beneficiary's lien or security interest in the Collateral. O 7 11. Inspection of Collateral Beneficiary and/or its representative may inspect the M Collateral at reasonable times after reasonable notice. 12. Grantor's Defense or Collateral. Grantor shall appear in and defend any action or proceeding which may affect the Collateral or the rights or powers of Beneficiary or Trustee under this Deed of Trust. 13. Beneficiary's Right to Protect Collateral. Beneficiary may commence, appear in, and defend any action or proceeding which may affect the Collateral or the rights or powers of Beneficiary or Trustee under this Deed of Trust. Beneficiary may pay, purchase, contest or compromise any encumbrance, charge or lien not listed as an Exception which in its judgment appears to be prior or superior to the lien of this Deed of Trur t. If Grantor fails to make any payment or do any act required under the Loan Documents, Beneficiary, without any obligation to do so and without releasing Grantor from any obligations under the Loan Documents, may make the payment or cause the act to be performed in such manner and to such extent as Beneficiary may deem necessary to protect the Collateral, Beneficiary is —authorized to enter upon the Property for such purposes. In exercising any of these powers Beneficiary may incur such expenses, in its absolute discretion, it deems necessary. 14. Hazardous Substances. (a) Grantor represents and warrants to Beneficiary, to the best of Grantor`s knowledge after due and diligent inquiry, no hazardous or toxic waste or substances are being stored on the Property or any adjacent property nor have any such waste or substances been stored or used in, on, under, over or about the Property or any adjacent property prior to or during Grantor's ownership, possession or control of the Property, other than the use or storage of hazardous or toxic waste or substances generally used in the ordinary course of operating, maintaining or developing properties such as the Property, all or which Grantor covenants have and will be used, stored and disposed Orin accordance with commercially reasonable practices and all applicable federal, state and local laws, regulations and ordinances. Grantor shall provide written notice to Beneficiary 10 IF it immediately upon Grantor becoming aware that the Property or any adjacent property is being or has been contaminated with hazardous or toxic waste or substances. Grantor will not cause nor permit any activities on the Property which directly or indirectly could result in the Property or any other property becoming contaminated with hazardous or toxic waste or substances. For purposes of this Deed of Trust, the term "hazardous or toxic waste or substances" means eny chemical, substance or material classified or designated as hazardous, toxic or radioactive, or similar term, and now or hereafter regulated under any applicable federal, state or local statute, regulation, ordinance or requirement, now or hereafter in effect, pertaining to environmental protection, contamination or cleanup. (b) Grantor shall comply, at Grantor's expense, with all statutes, regulations and ordinances which apply to Grantor or the Collateral, and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction which Grantor is bound by, relating to the use, collection storage, treatment, control, removal or cleanup of hazardous or toxic substances in, on, under, over or about the Property or in, on, under, over or about any adjacent property that becomes contaminated with hazardous o- toxic substances as a result of construction, operations or other activities on, or the contamination of, the Property. Beneficiary may, but is not obligated to, enter upon the Property to inspect it for compliance and to take such actions and incur such costs and expenses to effect such compliance as it deems advisable to protect its interest as Beneficiary; and whether or not Grantor has actual knowledge of the existence of hazardous or toxic substances in, on, under, over or about the Property or any adjacent property as of the date hereof, Grantor shall reimburse Beneficiary on demand for the full amount of all costs and expenses incurred by Beneficiary prior to Beneficiary acquiring title to the Property through foreclosure or deed in lieu of foreclosure, in connection with such compliance activities. C (c) Grantor's obligations under :his Section 14 are unconditional and shall not be p limited by a non -recourse or other limitations of liability provided for in this Deed of Trust or any 7 other Loan Document. 15. Reserve Account. (a) Subject to subsection (d) below, if Beneficiary so requires, Grantor shall pay to Beneficiary monthly, together with and in addition to any payments due under the Note, a sum, as estimated by Beneficiary, equal to the ground rents, if any, the real estate taxes and assessments next due on the Property and the premiums next due on insurance policies required under the Loan Documents, less all sums already paid therefor, divided by the number of months to elapse before two (2) months prior to the date when the ground rents; real estate taxes, assessments and insurance premium will become delinquent. The monthly reserve accounts payments and any other payments due under the Note shall be paid in a single payment and applied by Beneficiary, at its option, in the following order: (i) ground rents, real estate taxes, assessments and insurance premiums, (2) expenditures made pursuant to the Loan Documents and interest thereon, (3) interest on the Note, and (4) principal due on the Note. Grantor shall promptly deliver to Beneficiary all bills and notices pertaining to the ground rents, taxes, assessments and insurance premiums. (b) The reserve account is solely for the protection of Beneficiary. Beneficiary sh,-J] have no responsibility except to credit property the sums actually received by it. No interest will be paid on the funds in the reserve account and Beneficiary shall have no obligation to deposit the funds in an interest -bearing account. Upon assignment of this Deed of Trust by Beneficiary, any funds in the reserve account shall be tamed over to the assignee and any responsibility of Beneficiary with respect thereto shall terminate. Each transfer of the Property shall automatically transfer to the grantee all rights of Grantor to any funds in the reserve account. (c) If the total of the payments to the reserve exceeds the amount of payments actually made by Beneficiary, plus such amounts as have been reasonably accumulated in the reserve account toward payments to become due, such excess may, at Beneficiary's election, be (1) credited by Beneficiary against sums then due and payable under the Loan Documents, or (2) refunded to Grantor as its name appears on the records of Beneficiary. If, however, the reserve account does not have sufficient funds to make the payments when they become due, Grantor shall pay to Beneficiary the amount necessary to make up the deficiency within fifteen (15) days after written notice to -9. Grantor. If this Deed of Trust is foreclosed or if Beneficiary otherwise acquires the Collateral, the Beneficiary shall, at the time of commencement of the proceedings or at the time the Collateral is otherw? ;e acquired, apply the remaining funds in the reserve account, !ess such ::ms as will become due during the pendency of the proceedings, against the sums due under the Loan Documents and/or to make payments required under the Loan Documents. (d) Unless required by the terms of Beneficiary's loan commitment or any other Loan Document, Grantor shall not be required to pay monthly reserve account payments so long as there has been no more than four (4) late payments due under the Note throughout the term of the Loan and there is no other default under the Loan and so long as Grantor remains in ownership of the Collateral, provided receipted bills evidencing the payment of all taxes and/or assessments and insurance premiums are exhibited to Beneficiary within fifteen (15) days after Beneficia,y's request therefor. Upon any change in any of these conditions, Beneficiary may, at its option then or thereafter exercised, require the payment of reserves pursuant to this Section 15. 15. Repayment of Beneficiary's Expenditures. Grantor shalt pay within ten (10) days after written notice from Beneficiary all sums expended .;y Beneficiary and all costs and expenses incurred by Beneficiary in taking any actions pursuant to the Loan Documents including attorneys' fees, accountants' fees, appraisal and inspection fees, and the costs for title reports. If any laws or regulations are passed subsequent to the date of this Deed of Trust which require Beneficiary to incur out-of-pocket expenses in order to maintain, modify, extend or foreclose this Deed of Trust, revise the terms of the Loan or consent to an Accelerating Transfer (as defined below), Grantor shall rl- r^imburse Beneficiary for such expenses within fifteen (15) days after written notice from Beneficiary. 'i Expenditures by Beneficiary shall bear interest from the date of such advance or expenditure at the default interest rate in the Note, shall constitute advances made under this Deed of Trust and shall be secured by and have the same priority as the lien of this Deed of Trust. If Grantor fails to pay any such expenditures, costs and expenses and interest thereon, Beneficiary may, at its option, without LO foreclosing the lien of this Deed of Trust, commence an independent action against Grantor for the recovery of the expenditures and/or advance any undisbursed Loan proceeds to pay the expenditures. 17. Accelerating Transfers. (a) "Accelerating Transfer" means any sale, contract to sell, conveyance, i encumbrance, transfer of fiiI possessory rights, or other transfer of all or any material part of the Collateral or any interest in it, whether voluntary, involuntary, by operation of law or otherwise and whether or not for record or for consideration. If Grantor is a corporation, "Accelerating Transfer" also means any transfer or transfers of shares possessing, in the aggregate, more than fifty percent < < (50%) of the voting po... er. If Grantor is a partnership, "Accelerating Transfer" also means withdrawal or removal of any general partner, dissolution of the partnership under Washington law, or any transfer or any transfers of, in the aggregate, more than fifty percent (501/6) of the partnership i interests. If Grantor is the majority owner of a business, either through ownership of shales of a corporation or interest in a partnership or otherwise, which occupies seventy-five percent (75%) or more of the improvements on the Property, "Accelerating Transfer" also means any sale, contract to ' sell, or other transfer of the business or substantial assets of the business, other than in the ordinary course, or the failure of the business to continue to occupy the Property. (b) Grantor acknowledges Beneficiary is taking actions in reliance on the expertise, skill, experience and reliability of Grantor, and the obligations secured hereby include material elements similar in nature to a personal service contract or ownership interest. In consideration of Beneficiary's reliance, Grantor agrees that Grantor shall not make any Accelerating Transfer without Beneficiary's prior written consent, which Beneficiary may withhold in its sole discretion. If Beneficiary consents, it may charge the Grantor a fee as consideration for such consent and condition its consent on such changes to the terms and conditions of the Note and other Loan Documents as Beneficiary may require, including without limitation increasing the interest rate on the Note. Grantor shall pay Beneficiary's actual costs incurred in making its decision to consent to an Accelerating Transfer, including but not limited to the cost of credit reports, an updated appraisal of the Property, an updated environmental assessment and documentation. If any Accelerating Transfer occurs without Beneficiary's prior written consent, Beneficiary in its sole discretion may declare an immediate default and all sums secured by this Deed of Trust to be immediately due and payable, and .9. i Beneficiary may invoke any rights and remedies provided herein. This provision shall apply to each and every Accelerating Transfer regardless of whether or not Beneficiary has consented or waived its rights, whether by action or nonaction, in connection with any previous Accelerating Transfer(s). (c) If all or any part of this Section. 17 relevant to a particular Accelerating Transfer is unenforceable according to the law in effect at the time of the Accelerating Transfer, then Grantor shall reimburse Beneficiary for its actual costs incurred in processing the Accelerating Transfer on its records, including but not limited to the cost of modifications of Loan Documents, an appraisal, and obtaining relevant credit and financial information. 18. Release of Parties or Collateral. Without affecting the obligations of any party under the Loan Documents and without affecting the lien of this Deed of Trust and Beneficiary's security interest in the Collateral, Beneficiary and/or Trustee may, without notice (a) release all or any Grantor and/or any other party now or hereafter liable for any of the Secured Obligations (including guarantors), (b) release all or any part of the Collateral, (c) subordinate the lien of this Deed of Trust or Beneficiary's security interest in the Collateral, (d) take and/or release any other security for or guarantees of the Secured Obligations, (e) grant an extension o::ime for performance of the Secured Obligations, (f) modify, waive, forbear, delay or fail to enforce any of the Secured Obligations, (g) sell or otherwise realize on any other security or guaranty prior to, conter^noraneously with or subsequent to a sale of all or any part of the Collateral, (h) make advances pursuant to the Loan Documents including advances in excess of the Note amount, (i) consent to the making of any map or plat of the Property, and 0) join in the grant of any easement on the Property. Any subordinate lienholder shall be subject to all such releases, extensions or modifications without notice to or consent from the subordinate lienholder. Grantor shall pay any Trustee's, attorneys', title insurance, recording, inspection or other fees or expenses incurred in connection with release of Collateral, the j making of a map, plat or the grant of an easement. p ARTICLE N .7 1. Insurance. (a) Grantor shall maintain such insurance on the Collateral as may be required from time to time by Beneficiary, with premiums prepaid, providing replacement cost coverage and insuring against loss by fire and such other risks covered by extended coverage insurance, and such other perils and risks as Beneficiary may require from time to time, including earthquake, loss of rents and business interruption. Grantor also shall maintain comprehensive general public liability insurance and if the Property is located in a designated flood hazard area, flood insurance. All insurance shall be with companies satisfactory to Beneficiary and in such amounts and with such coverages as Beneficiary may require from time to time, with lender's loss payable clauses in favor of and in form satisfactory to Beneficiary. At least thirty (30) days prior to the expiration of the term of any insurance policy, Grantor shall furnish Beneficiary with written evidence of renewal or issuance of a satisfactory replacement policy. If requested Grantor shall deliver copies of all polices to Beneficiary. Each policy of insurance shall provide Beneficiary with no less than forty-five (45) days prior written notice of any cancellation, expiration, non -renewal or modification. (b) In the event of foreclosure of this Deed of Trust all interest of Grantor in any insurance policies pertaining to the Collateral and in any claims against the policies and in any proceeds due under the policies shall pass to Beneficiary. (c) If under the terms of any Lease the lessee is required to maintain insurance of the type required by the Loan Documents and if the insurance is maintained for the benefit of both the lessor and Beneficiary, Beneficiary will accept such policies provided all of the requirements of Beneficiary and the Loan Documents are met. In the event the lessee fails to maintain such insurance, Grantor shall promptly obtain such policies as are required by the Loan Documents. (d) If Grantor fails to maintain any insurance required of it by Beneficiary, or fails to pay any premiums with respect to such insurance, Beneficiary may obtain such replacement insurance as it deems necessary or desirable, or pay the necessary premium on behalf of Grantor, and -to- i any sums expended by Beneficiary in so doing shall be added to the principal balance of the Note and bear interest at the default interest rate set forth in the Note. 2. P.-mages and Condemnation and Insurance Proceeds. (a) Grantor hereby absolutely and irrevocably assigns to Beneficiary, and authorizes the payor to pay to Beneficiary, the following claims, causes of action, awards, payments and rights to payment: (i) all awards of damages and all other compensation payable directly or t indirectly because of a condemnation, proposed condemnation or taking for public or private use . 2 which affects all or part of the Collateral or any interest in it; (ii) all other awards, claims and causes of action, arising out of any warranty affecting all or any part of the Collateral, or for damage or injury to or decrease in value of all or part of the Collateral or any interest in it; (iii) all proceeds of i� any insurance policies payable because of loss sustained to all or part of the Collateral; and (iv) all interest which may accrue on any of the foregoing. (b) Grantor shall immediately notify Beneficiary in writing if: (1) any damage occurs or any injury or loss is sustained in the amount of 52_ 1,00 or more to all or part of the Collateral, or any action or proceeding relating to any such damage, injury or loss is commenced; or (ii) any offer is made, or any action or proceeding is commenced, which relates to any actual or proposed condemnation or, taking of all or part of the Collateral. If Beneficiary chooses to do so, it may in its own name appear in or prosecute any action or proceeding to enforce any cause of action based on warranty, or for damage, injury or loss to all or part of the Collateral, and it may make any compromise or settlement of the action or proceeding. Beneficiary, if it so chooses, may participate in any action or proceeding relating to condemnation or taking of all or part of the Collateral, and may join Grantor in adjusting any loss covered by insurance. (c) All proceeds of these assigned claims, other property and rights which Grantor �4 may receive or be entitled to shall be paid to Beneficiary. In each instance, Beneficiary shall apply ;s those proceeds first toward reimbursement of all of Beneficiary's costs and expenses of recovering the proceeds, including attorneys' fees. (d) If, in any instance, each and all of the following conditions are satisfied in Beneficiary's reasonable judgment, Beneficiary shall permit Grantor to use the balance of the proceeds ("Net Claims Proceeds") to pay costs of repairing or reconstructing the Collateral in the manner described below: (I) the plans and specifications, cost breakdown, construction contract, construction schedule, contractor and payment and performance bond for the work of repair or reconstruction must all be acceptable to Beneficiary; (ii) Beneficiary must receive evidence satisfactory to it that after repair or reconstruction, the Collateral will be at Ieast as valuable as it was immediately before the uamage of condemnation occurred; (iii) the Net Claims Proceeds must be sufficient in Berieficiarys determination to pay for the total cost of repair or reconstruction, inciuding all associated development costs and interest projected to be payable on the Note until the repair or reconstruction is complete; or Grantor must provide its own funds in an amount equal to the difference between the Net Claims Proceeds and a reasonable estimate, made by -Grantor and found acceptable by Beneficiary, of the total cost of repair or reconstruction; (iv) Beneficiary must receive evidence satisfactory to it that al? Leases which it may find acceptable will continue after the repair or reconstruction is complete; (v) Beneficiary has received evidence satisfactory to it, that reconstruction and/or repair can be completed at least three (3) months prior to the date the Note secured by this Deed of Trust is due and payable; and (vi) no default under any of the Loan Documents shall have occurred and be continuing. If the foregoing conditions are met to Beneficiary's satisfaction, Beneficiary shall hold the Net. Claims Proceeds and any funds which Grantor is required to provide and shall disburse them to Grantor to pay costs of repair or reconstruction up• z presentation of evidence reasonably satisfactory to Beneficiary that repair or reconstruction has been completed satisfactorily and lien -free. However, if Beneficiary finds that one or more of the conditions are not satisfied, it may apply the Net Claims Proceeds to pay or prepay some or all of the Note. 1� 4; ARTICLE V Default -Remedies. (a) Grantor will be in default under this Deed of Trust if (i) Grantor fails to rake any paymemt when due under the Note, this Deed of Trust or any other Loan Document; (ii) Grantor fails to perform any other covenant, agreement or obligation to be performed by Grantor under this Deed of Trust or any other Loan Document; (iii) any representation or warranty contained in this Deed of Trust or any other Loan Document, or any financial information furnished by Grantor or its agents to Beneficiary in connection with the Loan, proves to be false or misleading in any material respect, (iv) Grantor defaults under any lease or other contract or agreement relating to the Collateral, and such default is not cured within the applicable cure period, if any; (v) Grantor is in default with respect to any other loan from Beneficiary to Grantor or Grantor defaults under any other Loan Document, (vi) Grantor or any guarantor of the Loan fails to pay his, her or its debts generally as they become due, or files a petition or action for relief under any bankruptcy, reorganization or insolvency laws or makes an assignment for the benefit of creditor, and (vii) an involuntary petition is filed against Grantor or any guarantor -3f the Loan under any bankruptcy, reorganization or other insolvency laws, or a custodian, receiver or trustee is appointed to take possession, custody or control of the Coliatera I or any other properties of Grantor, or the assets of any guarantor of the Loan, and such petition or appointment is not set aside, withdrawn or dismissed within thirty (30) days from the date of filing or appointment. r- (b) In the event of a default Beneficiary may declare the Secured Obligations, Cincluding the 'Loan and all other indebtedness evidenced by the Note or any other Joan Document, .-t immediately due and payable after notice as set forth in Section 2 below, and/or exercise its rights and remedies under the Loan Documents and applicable law including foreclosure of this Deed of Trust o judicially as a mortgage or non judicially pursuant to the power' of sale. Beneficiary's exercise of any of its rights and remedies shall not constitute a waiver or cure of a default. Beneficiary's failure to enforce any default shall not constitute a waiver of the default or any subsequent default. In the event ❑f foreclosure, the cost of the title premium for the trustee's sale guarantee (or equivalent tittle policy or report) shall be paid for by Grantor. If the Loan Documents are referred to an attorney for enforcement or preservation of Beneficiary's rights or remedies, whether or not suit is filed or any proceedings are commenced, Grantor shall pay all Beneficiary's casts and expenses including Trustee's and attorneys' fees (including attorneys' fees for any appeal, bankruptcy proceeding or any other proceeding), accountants' fees, appraisal and inspection fees and cost of title report. 2. Notice and Opportunity to Cure. Notwithstanding any other provision of this Deed of Trust, Ecneficiary shall not accelerate the maturity of one or more of the Secured Obligations (a) because of a monetaty default (defined below) by Grantor unless Grantor fails to cure the default within ten (10) days of the date on which Beneficiary mails or delivers written notice of the default to Grantor, or (b) because of a nonmonetary default (defined below) by Grantor unless Grantor fails to cure the default within thirty (30) days of the date on which Beneficiary mails or delivers written notice of the default to Grantor. For purposes of this Deed of Trust, the term "monetary default" means a failure by Grantor to make any payment required of it pursuant to the Note or any other Loan Document, and the term "nonmonetary default" means a failure by Grantor or any other person or entity to perform any obligation contained in the Note or any other Loan Document, other than the obligation to make payments provided for in the Mote or any other Loan Document. If a nonmonetary default is capable of being cured and the cure cannot reasonably be completed within the thirty (30) day cure period, the cure period shall be extended up to ninety (90) days so Iong as Grantor has commenced action to cure within the thirty (30) day cure period, and in Beneficiary's opinion, Grantor is proceeding to cure the default with due diligence. None of the foregoing shall be construed to obligate Beneficiary to forebear itrarry other manner from exercising its remedies and Beneficiary may pursue any other rights or remedies which Beneficiary may have because of a default. 3. Cumul$tive Remedies. To the fullest extent allowed by law, all Bcneficiary's and Trustee's rights and remedies specified in the Loan Documents (including this Reed of Trust) are cumulative, not mutually exclusive and not in substitution for any rights or remedies available at law or in equity. Without waiving its rights in the Collateral, Beneficiary may proceed against Grantor or may proceed against any other security or guaranty for the Secured Obligations, in such order and .12. to manner as Beneficiary may elect. The commencement of proceedings to enforce a particular remedy shall not preclude the discontinuance of the proceedings and the commencement of proceedings to enforce a different remedy. 4. Entry. After a default, Beneficiary, in person, by agent or by court appointed receiver, may enter, take possession of; manage and operate all or any part of the Collateral, and may also do anv and all other things in connection with those actions that Beneficiary may consider necessary and appropriate to protect the security of this Deed of Trust, including taking and possessing all of Grantors or the then owner's books and records; entering into, enforcing, modifying, or canceling Leases on such terms and conditions as Beneficiary may consider proper; obtaining and evicting tenants; fixing or modifying Rents; collecting and receiving any payment of money owing to Grantor; completing any unfinished construction; and/or contracting for and making repairs and alterations. Grantor hereby irrevocably constitutes and appoints Beneficiary as its attorney -in -fact to perform such acts and execute such documents as Beneficiary in its sole discretion may consider to be appropriate in connection with taking these measures. Although the foregoing power of attorney is effective immediately, Beneficiary shall not exercise the power until the occurrence of a default. 5. Appointment of Receiver. In the event of a default, Grantor consents to, and Beneficiary, to the fullest extent permitted by applicable law, shall be entitled, without notice, bond or regard to the adequacy of the Collateral, to the appointment of a receiver for the Collateral. The receiver shall have, in addition to all the rights and powers customarily given to and exercised by a receiver, all the rights and powers granted to Beneficiary by the Loan Documents. The receiver shall be entitled to receive a reasonable fee for management of the Property. If Grantor is an occupant of the Property, Beneficiary has the right to require Grantor to pay rent at fair market rates and the right to remove Grantor from Property if Grantor fails to pay rent. O 6. Sale of Property After Default Following a default and the foreclosure of this Deed of Trust, either judicially or non judicially, the Collateral may be sold separately or as a whole, at the T4 option of Beneficiary. In the event of a trustee's sale of the Collateral pursuant to the power of sale un granted herein, Beneficiary hereby assigns its security interest in the personal property Collateral to cli the trustee. Beneficiary may also realize on the personal property Collateral in accordance with the remedies available to secured parties under the Uniform Commercial Code or at law. In the event of a trustee's sale, Grantor, and the holder of any subordinate liens or security interest with actual or constructive notice hereof, waive any equitable, statutory or other right they may have to require marshaling of assets in connection with the exercises of any of the remedies permitted by applicable law or pro,,ided herein, or to direct the order in which any of the Collateral will be sold in the event of any sale under this Deed of Trust or foreclosure in the inverse order of alienation. 7. Foreclosure of Lessee's Rights -Subordination. Beneficiary shall have the right, at its option, to foreclose this Deed of Trust subject to the rights of any lessees of the Property. Beneficiary's failure to foreclose against any lessee shall not be asserted as a claim against Beneficiary or as a defense against any claim by Beneficiary in any action or proceeding. Beneficiary at any time may subordinate this Deed of Trust to any or all of the Leases except that Beneficiary shall retain its priority claim to any condemnation or insurance proceeds. 8. Repairs During Redemption. In the event of a judicial foreclosure the purchaser during any redemption period may make such repairs and alterations to the Property as may be reasonably necessary for the proper operation, care, preservation, protection and insuring of the Property. Any sums so paid, together with interest from the date of the expenditure at the rate provided in the judgment, shall be added to the amount required to be paid for redemption of the Property. ARTICLE VI 1. Additional Security Documents. Grantor shall within fifteen (15) days after request by Beneficiary execute and deliver any financing statement, renewal, affidavit, certificate, continuation statement, or other document Beneficiary may request in order to perfect, preserve, continue, extend, or maintain security interests or liens granted herein to Beneficiary and the priority of such security -13- ■ 2 interests or Hens. Grantor shall pay all costs and expenses incurred by Beneficiary in connection with the preparation, execution, recording, filing, and refiling of any such document. 2. Reconveyance After Payment. upon written request of Beneficiary stating that all obligations secured by this Deed of Trust have been paid, Trustee shall reconvey, without warranty, the Collateral then subject to the lien of this Deed of Trust. Grantor shall pay any costs, trustee's fees and recording fees incurred in so reconveying the Property. 3. Nonwaiver of Terms and Conditions. Time is of the essence with respect to t } performance of the obligations under the Loan Documents. Beneficiagrs failure to require prompt enforcement of any such obligation shall not constitute a waiver of the obligation or any subsequent ' required performance of the obligation. No tern or condition of this Deed of Trust or any other Loan Documents may be waived, modified or amended except by a written agreement signed by Grantor and Beneficiary. Any waiver of any term or condition of the Loan Documents shall apply only to the time and occasion specified in the waiver and shall not constitute a waiver of the term or condition at any subsequent time or occasion. - 4. Waivers by Grantor. Without affecting any of Grantor's obligations under the Loan Documents, Grantor waives the following: (a) any right to require Beneficiary to proceed against any specific party liable for sums due under the Loan Documents or to proceed against or exhaust any specific security for sums due under the Loan Documents; (b) notice of new or additional indebtedness of any Grantor or any other party liable for sums due under the Loan Documents to Beneficiary; (c) any defense arising out of Beneficiary entering into additional financing or other arrangements with any Grantor or any other party liable for sums due under the Loan Documents and Cany action taken by Beneficiary in connection with any such financing or other arrangements or any E pending financing or other arrangements; (d) any defense arising out of the absence, impairment, or i` loss of any or all rights of recourse, reimbursement, contribution or subrogation or any other rights O or remedies of Beneficiary against an Grantor or an other art liable for sums due under the Loan ar5' g Y Y party Documents or any Collateral; and (e) any obligation of Beneficiary to see to the proper use and application of any proceeds advanced pursuant to the Loan Documents. 5. Right of Subrogation. Beneficiary is subrogated to the rights, whether legal or equitable, of all beneficiaries, mortgagees, lienholders and owners directly or indirectly paid off or satisfied in whole or in part by any proceeds advanced by Beneficiary under the Loan Documents, regardless of whether such parties assigned or released of record their rights or liens upon payment. 6. Joint and Several Liability. If there is more than one Grantor of this Deed of Trust, 1 their obligations shall be joint and several. 7. Statement of Amount Owing. Grantor within fifteen (15) days after request by Beneficiary will furnish Beneficiary a written statement of the amount due under the Loan Documents, any offsets or defenses against the amount claimed by Grantor, and such other factual matters as Beneficiary may reasonably request. 8. Books and Records; Financial Statements. (a) Grantor will keep and maintain at Grantor's address stated above, or such other place as Beneficiary may approve in writing, books of accounts and records adequate to reflect correctly the results of the operation of the Property and copies of all written contracts, leases and other instruments which affect the. Property. Such books, records, contracts, leases and other instruments sha!I be subject to examination, inspection and copying at any reasonable time by Beneficiary. Except as otherwise agreed in writing by Beneficiary, Grantor shall provide to Beneficiary within ninety (90) days after the end of each of Grantor's fiscal years (or within twenty (20) days of Beneficiaiys written request therefor if Grantor is in default), for each Grantor, for each general partner of Grantor if Grantor is a partnership, and for each guarantor of all or any of the Secured Obligations, a complete and current financial statement, together with a statement of income and expenses of the Property and a statement of changes in financial position with respect to the Property for the prior year, each in reasonable detail and certified by Grantor, the general partner or the guarantor, as the case may be. All financial statements shall he prepared in accordance with E Z =l generally accepted accounting principles consistently applied, or such other accounting practices as Lender may approve. Ai the same time, Grantor shall also furnish a current rent roll for the Property, certified by Grantor, which shall include such information as Beneficiary may require, including the name of rich tenant, the lease expiration date, the monthly rent, the date to which rent has been paid, and any deposits or prepaid rent Grantor is holding. In addition to the foregoing, unless otherwise agreed in writing by Beneficiary, within one hundred twenty (120) days after the end of each tax year of Grantor and each guarantor of all or any of the Secured Obligations, Grantor will provide Beneficiary with a copy of the United States federal income tax return filed by Grantor and each guarantor for his, her or its tax year most recently ended. i I (o) All financial statements shall be prepared in accordance with generally accepted accounting principles, consistently applied, or shall otherwise be prepared in a manner acceptable to Beneficiary. Grantor's compliance with these provisions shall not limit or affect Grantor's obligations to comply with financial, tax and operation covenants and reporting requirements under any other agreement between Grantor and Beneficiary whether or not such other agreement is related to the Secured Obligations. If any of the reporting requirements in this Section 8 are inconsistent with the reporting requirements in any such other agreement, the reporting requirements in such other agreement shall control. 3 9. Appraisals. In the event of a default Beneficiary may obtain a current regulatory conforming appraisal of the Collateral. In addition, appraisals may be commissioned by Beneficiary when required by laws and regulations which govern Beneficiary's lending practices. The cost of all such appraisals (and related internal review fees and costs) will be paid by Grantor within fifteen (15) .rt days after request by Beneficiary. O 10. Evasion or Prepayment Fee. If Grantor is in default, whether Beneficiary has accelerated the maturity of the indebtedness or not, any tender of payment sufficient to satisfy all *� sums due under the Loan Documents made at any time prior to foreclosure sale shall constitute an Mevasion of the prepayment terms of the Note, if any, and shall be deemed a voluntary prepayment. Any such payment, to the extent permitted by law, shall include the additional payment required under the prepayment fee provision in the Note, if any, or if at that time prepayment is not permitted, then such payment, to the extent permitted by law, will include an additional payment of five percent (51/6) of the then principal balance 11. Payment of New Taxes. If any federal, state or local law is passed subsequent to the date of this Deed of Trust which requires Beneficiary to pay any tax bemt-,se of this Deed of Trust or the sums due under the Loan Documents (excluding income taxes), then Grantor shall pay to Beneficiary on demand any such taxes if it is lawful for Grantor to pay them, or, in the alternative Grantor may repay all sums due under the Loan Documents plus any prepayment fee within thirty (30) days of such demand. If it is not lawful for Grantor to pay such taxes, then at its option Beneficiary may declare a default under the Loan Documents. 12.. In -House Counsel Fees. Whenever Grantor is obligated to pay or reimburse Beneficiary or Trustee for any attorneys' fees, those fees shall include the allocated costs for services of in-house counsel. — 13. Notices. Any notice given by Grantor, Trustee or Beneficiary shall be in writing and shall be effective (1) on personal delivery to the party receiving the notice or (2) on the third day after deposit in the United States mail, postage prepaid with return receipt requested, addressed to the party at the address set forth above (or such other address as a party may specify by written notice given pursuant to this paragraph), or with respect to the Grantor, to the address at which Beneficiary customarily or last communicated with Grantor." 14, Controlling Document. In the event of a conflict or inconsistency between the terms and conditions of this Deed of Trust and the terms and conditions of any other of the Loan Documents (except for any separate assignment of the Rents and/or the Leases and any loan agreement which shall prevail over this Deed of Trust), the terms and conditions of this Deed of Trust shall prevail. -15- 15. Invalidity orTerms and Conditions. If any term or condition of this Deed of Trust is found to be invalid, the invalidity shall not affect any other term or condition of the Deed of Trust and the Deed of Trust shall be construed as if not :untaining the invalid term or condition. 16. Legislation Atfeciing Beneficiary's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Deed of Trust unenforceable according to its terms, Beneficiary, at its option, may require immediate payment in full of all sums secured by this Deed of Trust and may invoke any remedies permitted herein. 17. Rules of Construction. This Deed of Trust shall be construed so that, whenever applicable, the use of the singular shall include the plural, the use of the plural shall include the singular, and the use of any gender shall be applicable to all genders and shall include corporations, partnerships and limited partnerships. This Deed of Trust inures to the benefit of, and binds all parties named herein and their successors and assigns. The headings to the various sections have been inserted for convenience of reference only and shall not be used to construe this Deed of Trust. 18. Applicable Law. The Loan Docume,, : shall be governed by and construed in accordance with the laws of the State of Washington. 19. Partial Release. By the acceptance of this Deed of Trust, the Beneficiary agrees it will, upon request of the Grantor, if no default exists under this Deed of Trust and no event has j 1 occurred which through the passage of time, the giving of notice or both, could constitute a default, Ta join with the Grantor in requesting the Trustee to partially reconvey, at Grantor's expense, a o portion(s) of the Property as specifically described in the Loan Documents if the following conditions are met: C`2 O �7 (1) Full compliancewith the partial release provision(s) of the Loan Documents. (2) Grantor delivers to Beneficiary evidence that the partial reconveyancewill not have any adverse effect upon the priority position of the remaining security as evidenced by the title insurance held by the Beneficiary. (3) If applicable, the remaining collateral must be platted in accordance with regulations of the local government authority, the plat must be properly recorded, and Beneficiary i must receive evidence of final plat approval from the government authority. (4) The release, in Beneficiary's opinion, will not result in the loss by any other part of the Property of reasonable access to a public street or the use of any necessary easements or utility services. GRANTOR PARKLANE VENTURES,.INC., s Washington co �, do By: Its: ES.�7 .rrr PROVINCE OF BRITISH COLUMBIA ) Cry M eer FFS� OF V W kV6,e 1 rr.. ,, On this day personally appeared before me l/r W110'kC to ,ne known (or proven on tha basis of satisfactory evidence) to be the of Parklane Ventures, Inc., a Washington corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed z . of said corporation, for the uses and purposes therein mentioned, and on oath stated that (s)he was '' authorized to execute said instrument. ti - - � • y ' jj�4r, GIVEN UNDER my hand and official seal this Al dJ� of 1995. J. GEOFFREYR & sckka su" (Print N Nufyc] VWCOW r, B.C. VIE3G2 Ffi iso41 e37e Notary blic for British Columbia residing at �G -200 fa Cis r� •C. ��s! !G(, My appointment expires cc J a r REQUEST FOR FULL RECONVEYANCE To be used only when all obligations have been paid under the Note and this Deed of Trust TO: TRUSTEE The undersigned is the legal owner and holder of the Note and all other indebtedness secured by the within Deed of Trust. Said Note, together with. all other indebtedness secured by said Deed of Trust, has been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to'cancel said Note above mentioned and all other evidence of indebtedness secured by said Deed of Trust delivered to you herewith, together with said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you thereunder. Dated _ , 19 Mail reconveyance ue SCHEDULE A THIS SCHEDULE IS PART OF Ti-E DEED OF TRUST DATED SEPTEMBER 13, 1995, BETWEEN PARKLANE VENTURES, INC., A WASHI iGTON CORPORATION, AS GRANTOR, RAINIER CREDIT COMPANY, AS TRUSTEE, ADD SEATTLE-FIRST NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, AS BENEFICIARY. PROPERTY ADDRESS: MILITARY ROAD S. AND S. 284TH STREET, FEDERAL WAY, Wi . LEGAL DESCRIPTION: PARCEL A: That portion of the northwest quarter of the southeast quarter of Section 33, Township 22 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: Beginning at the northwest corner of said northwest quarter of the southeast quarter of Section 33, said point of beginning being further described as being the center of said Section 33; thence south 88023132" east along the north line of said subdivision, 1182.95 feet to the northwesterly margin of the "New" 1 Military Road, as established by deed recorded March 15, 1939 under King County Recording Number 3035989; thence along the said margin the following three courses and �7 distances: South 35023'03" west 1505.93 feet; south 88018156" east, 24.04 feet; south 35023103" west, 78.13 feet to the south line of said northwest quarter of the southeast quarter of Section 33; thence north 88018156" west along said south line, 313.76 feet to the southwest corner of said northwest quarter of the southeast quarter; .4 thence north 01003140" east along the west line of said subdivision 1316.36 feet to the TRUE POINT OF BEGINNING; EXCEPT that portion of the south 65.00 feet of the northwest quarter np of the southeast quarter of said Section 33, lying between the "Old" O P.nd "New" Military Roads; V-q AND EXCEPT portion lying within "Old" Military road, also known as John Rice County Road No. 127 as established on June 24, 1884; TOGETHER WITH the south 15-feet of the east 82.5 feet of the northeast quarter of the southwest quarter of said Section 33; AND TOGETHER WITH that portion of vacated "Old" Military Road, also known as John Rice County Road No. 127 and also known as Holst Road, vacated by King County Ordinance Number 3055, recorded under King County Recording Number 7702140525, more particularly described as follows: All that portion of "Old" Military Road, also known as John Rice County Road No. 127, lying southerly of the north line of the northwest quarter of the southeast quarter of said Section 33, lying northerly of the south 65 feet of said subdivision. -18- SCHEDULE A THIS SCHEDULE IS PART OF THE DEED OF TRUST DA:ED SEPTEMBER 13, 1995, BETWEEN, PARKLANE VENTURES, INC., A WASh"IhGTON CORPORATION, AS GRA,�iTOR, RAINIER CREDIT COMPANY, AS TRUSTEE, AND SEATFLE-FIRST NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, AS BENEFICIARY. PROPERTY ADDRESS: MILITARY ROAD S. AND S. 284TH STREET, FEDERAL WAY, WA i LEGAL DESCRIPTION: PARCEL B: The east 412.5 feet of the northeast quarter of- the southwest quarter of Section 33, Township 22 North, Range 4 East, W.M., in King County, Washington; EXCEPT the south 15 feet of the east 82.5 feet of said subdivision. PARCEL C : That portion of the southwest quarter of the northeast quarter of Section 33, Township 22 North, Range 4 East, W.M., in King County, Washington, describedas follows: r4 O Beginning at the southwest corner of said subdivision; thence north 53/34104/1 east 773.45 feet; thence south 58042116/1 east 654.03 feet; O thence south 44015144/1 west 207.55 feet to the south line of said r1 subdivision; Ln thence on said south line north 88/23141/1 west 1036.71 feet to the point of beginning; EXCEPT that portion thereof lying within the following described parcel: Commencing at the southwest corner of said northeast quarter; thence north 53034104/1 east 773.45 feet; thence south 58042116/1 east 654.03 feet; thence south 44015144/1 west 134 feet to the TRUE POINT OF BEGINNING; thence continui.iq south 44015144/1 west, a distance of 72.68 feet to the south line of said northeast quarter; thence along said south line north 88023141/1 west, a distance of 350 feet; thence north 44015144/1 east, a distance of 240 feet; thence southeasterly to the TRUE POINT OF BEGINNING; (ALSO KNOWN AS a portion of Lot 6, Redondo Heights, according to the unrecotded plat thereo -7. "Arrdi5h/ zz That portion of the southwest quarter of the northeast quarter of Section 33, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the southeast quarEE6r of said subdivision; thence north 88/23141/1 west along south line thereof 204.34 feet; -19- i ;P SCHEDULE A THIS SCHEDULE IS PART OF THE DEED OF TRUST DATED SEPTEMBER 13, 1995, BETWEFN PAILKLANE VENTURES, INC,, A WASHINGTON CORPORATION, AS GRANTOR, RAINIER CREDIT COMPANY, AS TRUSTEE, AND SEATTLE-FIRST NATIONAJ. BANK, A NATIONAL BANKING ASSOCIATION, AS BENEFICIARY. . r = PROPERTY ADDRESS: MILITARY ROAD S. AND S. 294TH STREET, (` FEDERAL WAY, WA LEGAL DESCRIPTION: thence north 44015144" cant 294.70 L.:et; thence south 01010'12" east along east line of said subdivision 216.74 feet to the point- of beginning, Redondo Heights, unrecorded, Lot SA; I EXCEPT that portion thereof lying within Military Road South; p (ALSO KNOWN AS Lot 5A; EXCEPT County road, Redondo Heigts, +? according to the unrecorded plat thereof). t O PARCEL E: 1 ri I n That portion of the southwest quarter of the northeast quarter of Section 33, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the southwest corner of said northeast quarter; thence north 530341041, east 773.45 feet; thence south 580421161, east 654.03 feet, south 44015144" west 134.87 feet to the TRUE POINT OF BEGINNING; thence continuing south 44015144" west, a distance of 72.68 feet to I the south line of said northeast quarter; thence along said south line north 88023'41" west, a distance of 350 feet; thence north 44015144" east, a distance of 240 feet; thence southeasterly to the TRUE POINT OF BEGINNING; y (ALSO KNOWN AS a portion of Lot 6, Redondo Heights, according to the f unrecorded plat thereof). d 1 -2a- 11ARKLHNE VL.NIUKLS INC MA IiU. y46i5$U r • �� i SI o FILED FOR RECORD AT REQUE:;: OF: THIS SPACE RESERVED FOR: Parklaneyenture3 1n� RECORDERS USE: (Applicant's Name) v MAIL TO: L $ CITY OF FEDERAL WAY 33530 1 ST WAY SOUTH FEDERAL WAY, WA 99003 ATTN: Ron Gerrow LICENSE ^{ 0 Tr co rl- C7 Q ri rq 1� The undersigned owner of certain real property located In Federal Way, Washington and legally described as follows: S IV Logs[ description attached hereto as Exhibit "1" and tncorporoted herein by this reference) „ y I'Property') hereby grants an irrevocable license to the City of Federal Way ('City') and the Clty's agents, empkayees, contractors or representatives to enter upan the Property to InsAect the Construction of ImprovernentS. the pVi0rmsnn of work or to allow the City to perform any necessary mnrntenanee or work, III pursuant to that cw%3In A"gI z - witt of m Funds In lieu of Bond of even date entered into between the City and the undersigned and incorporated herein by thi>e g reference. / L DATED this% day of , 1995. RES INC pARKLANE VENTUWWI ; 270�a t 1 Its: a, 1 IT[Uei � (individual t:otary, STATE OF WASHINGTON i I ss. COUNTY OF KING On this day personally appeared before me, to me known to be the indivlduai(3) described in and who executed the foregoing License, and on oath swore that he/sh9/they executed the foregoing Instrument as his/herkhoir free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day Of- 19_ (notary signature) (typed/printed name of notary$ f,'otary Public in and for the State of Washington. My commlislon expires k:lbonds%herltage.AOF 07.19.95 (Corporate Notary) STATE OF WASHINGTON I ) ss. COUNTY OF KING I On 1s d y perSOnally appe}red before me to me known to be the of Park arw Venturer, Inc., the rpor Ion thpexacvted the foregoing License, and acknowiedged the said lnatr mwd to be the iree and voluntary act and deed of Said corpafailon, for tha uses and purposes therein mentioned. and on oath stated 11'81 hal" wa1 Sutil"W"od to "flevts said instrument and that the wool affixed, 11 any, Is the corporate seal of Said corporation. IVEN " fiend and of cjat seal INS _L day of I ary S1 (typed/printed name a note I Notary Public In and tort of Washington. My'C4t??fs,MQrlr1 L Banister Ili sotlett , 100.1075 wino [iiC W Bbast Vanoaw. B.C. VSE 302 LLQt-L 1)EscRIPTI /15P'7' WoaoS' r,F1cE1 A THAT POMIW4 OF THG NORTMWC-ST OUARTER Or TIIE SOUTI [EAST CUAnTER OF SECTION 33 TOWNSHIP 22 NORM RANGE 4 EAST. W.M., W KWC COUNTY, WASI IIMGTON, I.IORE PAnTICw009LY DESCRIBED AS FOLLOWS: BEGIN HING AT THE NORTI (WEST CORNER OF 5AID WrITHWEST OUARTEGl OF THE GOUTHEAST OUARTER OF SECTIOl4 aa, 3AIO POIN-- OF BEGINNING BEING FljnTHCn L'ESCn113ED AS BEING THE CENTER OF SAID SECTION 33, THEI:CE S a8123'4 f I r; ALONG T1iE NOFM I LINE 017 SAID: SUSOIVISICtFI, 1193.23 FEET TO THE NORTH WESTERLY MARGIN OF THE VIEW' )-tFUTARY ROAD, AG ESTAF3L1Stlg0 BY DEED nECOf1DED MARCI1 15, 1039 UNDER KING COUNTY RECORDING r1Vf :t + 3•",.i 9 39, THENCE ALONG TI4SAID IJAnGitj 11 rE rOLLOWIN3 11(REE COURSE5 A. do D[STANCES S3s'2Z'32'W. 1505AS r-E=T, S63' 19.51•E, 24,C4 FEET. M-2212'W. 79,12 FEET TO THE SOUTH LINE OF SAID NOAT11WEST QUAMEER OF ME SCTJTHEAST CUARTES OF SECTION 31, THENCE N88'18'SI'W ALONG SAID SOUTH LINE, 314" FEET TO THE r SOUTHWEST CORN*T1 OF SAID NorITHWEST OUAnTER OF THE SOUTI [EAST OUARTER. THENCE N01'03.43'£ ALONG THE WEST L!NG OF SAID SUBDIVISION ID15-19 FEET TO THE TRUE POIN`1' OF BEGINNING, EXCEPT THAT PORTION OF THE ROUTH 65 Wit} FEET Or THE 14OA71IWCST OUAnl-ER OF THE SOUTHEAST QUARTER OF SAID SECTION 33, LYING SEIYIr-Elt -1,'L nI_9, F`{m 'tleY I)'l.rTAP'r Pn&tea i11'-' S f ;CDf onO7Wl _VI,� ,q^ti+ •I ��'� V �RLQr Qf��n lLCf KIP:M11 ASJ61114 ME 6l1JII7I MAD 140. 127 AS ESTAMISHEDGI4 JWiE 2A, 1984. TOGETICER WITI-1 Me SOUTH 15 FEET OF TIIE EAST 02.5 CEET OF THE NORTHCAST OUARTER OF THE SOUTHWEST ❑VAnTI=R OF $AID SECTION 39, AND TOGMI IER Wi EtI T1 AT PORTION OF VACATED'OLOr M1CITARY ROAD. ALSO KNOWN AS JOHN INCE COUNTY ROAD NO, 127 AND ALSO KNOWN AS FIOLST ROAD, VACATED BY KING COUNTY ORDINANCE NUMCER 3055, RECCIIDED UNDEn KING COUNTY nr-COnD114G 140. 77C2140523, MOnE PAnTICULARY CESCRIMED AS FOLLOWS: ALL THAr PORTION O1: 'OLO• MILITARY ROAD, ALSO KNOWN AS JOHN RICE COUNTY ROAD NO. 127 LYWC SOt1rHSnLY OF THE NORM LINE OF THE NORTHWEST QUARTER OF THE SOUTIMAST QUARTER OF SAID SECTK3N 33. LY[NC NORTHEFILY OF TI TE SOUTH GS FSET OF SAID SUSDAIISION, PARCEL B THE EAST 452.5 FEET OF THE NORTHEAST GUARTER OF THE SOUTHWEST GUARTER OF SEOTIOH 33, TOYMSMP 22 NORTI4, HANGS 4 EAST, W.M., IN KING COUNTY, ItiASHINGTON, EXCEPT THE SOUTH 15 FEET OFTHE 11 AST 42.5 FEET OF SAID Sv201YISON. PARCEL C THAT PORTION OF THE SOUTI (WEST OIJARTER OF: THE NOTITHCAST OUARTIER OF SECTION 33, TOWNSHIP 22 NORTH. RANGE 4 EA.ST, W.M., W KING COUNTY, WASINGTON. DESCRIBED AS FCLLOWS: _ OEGIN141NO AT THE SOUTHWEST CORNER OF SAID SUBDIVISION, TIIEHCE N53'34'04'E T73,45 FEET. THENCIr S58'42'36•E GSA-03 FEET, TI(EUGG S44'15'44'W 207.55 FEET TO THE SOUTH LINE OF SAID SUBDIVISION, THENCE ON $1,10 SOUTH UNE N99'231S 1`! 1035,71 FEET TO TII£ POINT OF B>rS3EHNING, EXCEPT THAT PORTION nIEREOF LrSG WITHIN TH= FOLLOWING DESCMDED PARCEL 13EGINN114C AT THE SOUTHWEST CORNER OF SAID NORTHEAST OUAnTEn, THENCE N53-31'04-E 773.45 FEET, TIIENCE S58"42'161 654.03 FEET, S44'16'44'1N 134.07 FEET TO7EIE -lPtui Pourr Or DEC[Nnll -, THENCE CONTINUING 54.4I5'44-W, A DISTANCE OF 72.68 FEET TO THE SOUTH LINT: OF SAID ; r•IOn7I IEA5 Ti OU,%RTER, 7)lEIIGE ALONG SAID SOUTH L{, JE N80'23'41'W, A DISTANCE OF 350 FEET, THENCE N44.15 tt-V, A DISTAIIC£ OF' 2dO FEET, TI IE14CE SOUTHEASTERLY TO THE TSUE POINT OF BEGINNING ALSO KNOWN AS A PORTION OF LOT 6 rEWNDO IiElGHTS UNRECO11DE13. PARCEL D -. THAT PORTION OF THE SOUTHWEST OUMITER OF THE NORTHEASTOUAIITER OF SECTION 32, TOWNSH:P 22 NORTH, AANCE 4 EAST, W.M., IN RUM COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: i DEGIN!tIF,G AT I IE SOUT1 iEAST OUAnTEn OF SAID SUBOMS ION, 71IENCE NE8'23.4I-W ALONG SOUTH LINE THEREOF 20A 24 FEE T THENCE N44.15'44'£ 2 44. 70 FEE T..MENCC 90I'lD 17•E ALONG I;ArT LINE OF SAID SUBDIVISION 216.74 t FEET TO TY.E POINT OF BEGINNIMG, REDONDO HEIGIiTS, UNSECORDED LOT SA, TOGET1415R WIT14 ALL APrUnTENANCES, tl£nr-D17A11PNTS MID TEM':MENTS. ALSO KNOWN AS LOT SA LESS COUNTY ROAD OF REDONBO HSIGKTS , urn ECOaC -v. PARCEL E THAT POATION OF THE SCUTI{YVES7 OUMTER CF THE NORTI-19AST OUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST. W.M. IN KING COUNTY, WASHINGTON, CCSCRIBCD AS FOLLOWS: IMCIP ITNH',, AT THE SOUTHWEST COANEn OF SAID I4C11TIIEAST OUARTER, THENCE NS3■3,v04'E 773-415 FEET. THENCE 5511-4216•% 1;54.63 FEET, 544.15-44`W 134,a7 FEET TO THE TRuE POINT OF SEGINNING, "I IMCI; CONTINUING 544'I5'A4'W, A DISTANCE Or- 7266 FEET TO THE SOUTH LINT; OF SAID NOR7I1EAST QUARTER, THENM ALONG SAID SOUTII LINE N99'23'AI•W, A DISTANCE OF 350 FEE', 71ICNCF H44'15'44'E, A DISTANCE OF 240 FELT, THENCE SOUTHEASTFFILY TO THE TRUE P0111, OF O;,INNING ALSO KNOWN AS A PORTION OF LOT 6 nEDONDO IIEIGI[TS UNRECORDED. CONrAIN:, !.9G6 AGAgS MOAT OP LESS, KI' c� O I ! ri L:7 VI 3i is Oi I a;mn _ K Z o a raa � o •' o?oR m # Cf �® oo o p � o z 1 2 O m C, W0 ova. v O QO6 Z TI N cn (A c z e9 _ m O Cf 9 < o G ° m c I a i w.ro ■ny »v m im C, O n mo `3 G.. L gig :» T�� 8 Z L R m 0 v 0 n C C C0 A IZ A N m 0 `" W v IN Z L� m Im 3 Z c) 4b 0 T h H. da -I-- e ;--A n cd t, i m e is lJed.Auq 07 13"44:27 1996 and you are logged into job f96004' Ab LOT CHECK 4b HERITAGE WOODS 4b Technical Say -vices Unlimited V/ LOT-1 R 350.000 1-1.000 4b r 11.999 CB N16-20-47W D 001-57-52 4b T 6.001 11417-19-43W 80.000 ► t,.l 7 0 -'38 - 0 2 E 125.770 a 312-35-41W 60.420 S58-12-12W 40.840 S41-34--37W 65.640 'L,,:)sing course S65-23-01W M i s(-: I osu r a: One part in 15 16" 3 6 North erroj- = 0.001 East error = 0.002 fir ea 7,2312 44 LOT-2 RECEIVED my COMMUNITY DEVELOPMENT DEPARTMENT SEP 1 9 1996 0.003 0 . t66 AC 9 OSS' ZZT MT0-6Z--Z9S 0z-0'OS 3ZT-ZO-ZZS 01CC Ott 2OT 2OS-Z!_N OTS"LS - 1 95'00-040 a MOV-OS-60N = 80 i"89'8Z _ O OSS"OE = b 000'SZ = �i 999'08 = 1 -01,7-TTO 0 MCO-TO--6Ck1 = e3 V66' 09 _ J OOT' T9 = V 000' 00C = a :DV 58T' 0 OLo` 8 r;�ce-IV COO, O = AOAJG 4se3 900,0 = _l0 A -k'll-4 _I0N TT009 uT gjed eu0 :ejnsoTosTW 900" 0 MCT--TZ--VZS 9s_MOO 6_ulsoTO OSV'TZT MSe-88-99S 000' 0Z �1ZT_ZO-ZZS OSS' ZZT �3t0-6Z--Z9kl 009' 0C J -86--tiro - a 111SC-TZ-ZZN = 00 588 " 09 = :7 066' 09 = V 000"008 Od TGT' O 806` L = L-E)Jv TTO' O = AOA-te ul-4JON 88887- ux -4-02d eUo :9_trl^oT::)ST,,l CTO' O 390--ZV-TCS : asinoo BuTso jo OLL'SZT MZO-8u-OLS Closing course = N00-54-45W 0.008 Misclosure: One part in 52697 North error = 0.008 East error = 0.000 Area - 90477 0.218 AC LOT-5 R 200.000 4D A - 81.080 C 80.526 C5 = 1`113-32-29E D - 023--13- T - 41.105 N77-50--10E 120.350 SOO-49--S6E 7 3 .990 S77-50-10W 140.730 Closing course S33-40-20W 0.013 MiscloSUre: One part in 31729 r*forth error = 0.011 East error = 0.007 Area - 9 ,250 0.212 AC • LOT-6 R - 200.000 A M 6,4.260 C - 63.984 CB = N07 -1h -29W D - 018 -- 2 4 -.' T - 32.409 • N7 3-31-11E 130.000 SOO-49--5%�E 75.000 S77-50--10W 120.350 Closing Course. N29--29-47E 0.003 r"iisc1os=ure'. Ong=: part in 116416 North error - 0.003 East error = 0.002 Area - 3, 421 0.193 AC LOT-7 R - 200.000 A - 41.700 C - 41.625 CB = N28--10--58W D - 011-w56-4 T - 20.926 N34-09--20W 13.740, N55-SO--•40E 120.000 534-09-20E 81.450 567-47-•-25W 127.080 Closing course : 1,457-48-46W 0.008 Miscl.osure: One part in 46377 North error = 0.004 East. error = 0.007 Area - 8,312 0.191 AC LOT-8 1\134-•-09-20W 65.000 N55-•50--40E 120.000 534-09--20E 65.000 555-50-40W 120.000 Closing course : N25-00-10E 0.000 Misciosure: One part in 10000000 North error = 0.000 East error = 0.000 Area - 7,800 0.179 AC LOT-9 11434-09-20W 65.000 '155-50-40E 120.000 --09-20E 65.000 0--40W 120.000 bourse N25-00-10E 0.000 Misclosure: One part in 10000000 North error = 0.000 East error = O .000 Area = 7,800 0.179 AC LOT-10 N34--09-20W 60.000 N51-11--22E 120.400 S34-09--20E 69.770 SSS-50--40W 120.000 ClAi_no course S33-27-52W 0.003 Misclosure: One pert in 120074 North error = 0.003 East error of = 0.002 Area = 7,786 0.179 AC LOT-11 534-09--20E 55.000 555-50-40W 110.000 N34-09-20W -85.630 N5 3-34-04E 55.090 N86-41-11E 64.010 Closing course'. 528-20-42W 0.005 Mi_sclosure. One part in 72312 North error = 0.004 East error = 0.002 Area S,69S 0.200 AC LOT-12 ✓ S34-09--20E. 75.000 SSS--50--40W 110.000 N34-09--20W 75.000 N55-50-40E 110.000 Cloying course : 1y26--56-42W 0.000 r,lisclosure: One part in 10000000 North error = 0.000 East error = 0.000 Area = 8,250 0.189 AC LOT--13 S34-w09--20E 71.760 R - 150.000 A - 20.010 C - 19.995 CB = S30-20-02k D - 0 0 7 -- 3 8 .-Q_6) T - 10.020 S71-50-03W 115.120 N32-14-47W 60.030 N55-50-40E 110.000 Closing course N56--54--18W 0.003 rolisclosure: One part in 137506 North error = 0.001 East error = 0.002 Area - 8,448 0.194 AC LOT--14 R - 150.000 A - 111.840 C - 109.267 CB = S05--09--02E D - 042-43 ll T - 58.663 R - 25.000 A - 43.910 C - 38.480 CB = S66-31-3a D - 100-38 04 T - 30.131 R - 300.000 A - 72.040 C = 71.867 r M1R' C8 = N70M-02-091-J D -- 013-45--31 T - 36.194 N14--23--29W 65.780 N71--50-03E 115.120 Closing course N06-55-51E 0.009 Misclosure: One part in 44903 North error = 0.009 East error = 0.001 Area = 115173 0.257 AC LOT-15 J/ R - 300.000 A - 60.100 C 60.000 CB = N82-39-06W D - 011-28-42 T - 30.151 N88--23-27 W 52.810 R - 25.000 A - 35.590 C - 32.660 CB = N47--36-28W D - 081-33-5&7 T - 21 .567 R 50.000 A 12.540 C - 12.507 CB = N14-00-34W D 014-22- 11 T - 6.303 N51-59-19E 115.580 532-14-47E 60.030 514-23--29E 65.780 Closing course S57-17-13E Misclosure. One part in 232019 North error = 0.001 East error = 0.001. 0.002 Area 0.215 AC LOT--16 R = 50.000 A = 440.000 C - 38.942 CB = N44-06-55W p - 045-SO--12 T - 21.140 N23--35--OOE 144.340 S34--09-20E 107.630 - S51-59-19W 115.580 Closing course S80--33-28W 0.004 Mi.sclosure: one part in 96939 North error " 0.001 East error = 0.004 Area - S,703 0.200 AC LOT-17 R - 50.000 A - 30.000 C = 29.552 CB = N84--13-201,4 Q - 034--22--39 T - 15.467 Nll-24-40W 116.140 N53-34-04E 99.890 S34-69--20E 53.000 S23-35--OOW 144.340 Closing course N63-23--19E 0.004 Misclosure: One part in 101352 North error = 0.002 East error = 0.004 Area 11 ,01j) 0.254 AC LOT-18 J/ R - 50.000 A - 36.280 C - 35.489 CB = S57-48--07W D - 0 41-- 3 4 --0 T - 18 .980 N52-56-49W 107.050 N53--34--04E 115.000 511-24-40E 116.140 Closing course N08-26-36E 0.006 h9isclosure: One part in 65140 North error = 0.006 East error = 0.001 Area - 7,749 0.178 AC LOT-19 ✓ 50.000 A - 23.540 C - 23.323 CB = S23-31-56W D - 026-58 T - 11 .99- R - 25 ..000 A -= 35.590 C = 32.660 CEO = S50-49-41ki D - 081--33-5@ T - 21.567 1\188-23-27W 52.440 R - 300.000 A - 30.540 C - 30.527 CB - S88•-41-•34W D - 005-49-.90 T - 15.283 N04-13--22W 107.110 S88--23-27 E 40.000 SS2-58-49E 107.050 Closing course S11-26-- 0E 0.005 r�isclosure: One part in 73613 North error = 0.005 Easl; error = 0.001 A7" ea 9,676) 0.222 AC LOT-20 !/ R - 300.000 A - 67.840 C - 67.696 C8 = S79-17-56,..,�W, D - 012--57- 22 T - 34 .065 N17--10--43W 127.790 S88-23-27E 96.410 SO4--13-22E 107.110 T Closing course N 16--52-27E 0.006 Ihisclosure: One part in 51362 North error = 0.007 East error = 0.002 Area - 9,346 0.215 AC LOT-21/ R - 300.000 A - 79.380 - C - 79.149 CEO = S65-14-28W D - 015--09 , 8� T = 39.92: R - 25.000 A - 45.730 C = 39.616 CB = N69--56--11W D - 104--48 20 T - 32.466 R - 50.000 A - 24.890 C - 24.634 CB = N31--47--4QW, D 028-31 19 T - 12.709 1\143-56-45E 132.720 S17-10-43E 101.450 Closing course : S16-44-42LJ 0.015 Misclosure: One part in 2SS73 North error = 0.014 East error = 0.004 LOT-22 +' R - 50.000 A 30.000 C - 29.552 CB N63-14-34W D - 034-22-39 T 15.467 N09--34-06E 111.560 S88-23--27E 92.200 S17-10-43E 26.340 S43--56-4SW 132.720 Closing courses S83-21--48E Misclosure: One part in 73279 North error = 0.001 East error = 0.005 Area - 8,733 LOT-23 R - 50.000 A = 30.000 C - 29.552 CB = S82-22--4 7 W D - 034-22--39 T - 15.467 N2.4-48-33W 128.660 S88--23-27E 101.860 S09-34-06W 111.560 Closing course N22-39-28E Misclosure: One part in 279502 North error = 0.001 East error oT - 0.001 Area - 7,399 LOT-24 -/ R = 50.000 0.192 AC 0.005 0.200 AC 0.001 0.170 AC A - 23.840 C - 23.615 CB = S51-31-53W D = 027-19 -�07) T - 12.151 IV63-39-58W 121.610 N01-03-43E 79.570 S88-23-27E 72.050 S24-48-33E 128.660 Closing course S40-35-27W 0.004 Misclosure: One part in 107614 North error = 0.003 East error = 0.003 Area - 10,5* 0.242 AC LOT-25 ✓ R - 50.000 A - 30.000 C - 29.552 CB = S09-08-43W D = 034-22-39 T - 15.467 S81-57-23W 112.040 N01-03-43E 101.180 S63-39-58E 126.930 Closing course S34-25-56E 0.003 Misclosure: One part in 121084 North error = 0.003 East error = 0.002 Area - 7,344 0.169 AC LOT-26 R - 50.000 A - 30.000 C - 29.552 CB = S25-13-56E D - 034-22--39 T - 15.467 S47- 34-44W 132 .720 N71-17-48W 28.770 N01--03-43E 91.370 N81-57--23E 112.040 Closing course N35--54--49W 0.006 Misclosure= One part in 70285 North error = 0.005 East error = 0.003 Area - 8,860 0.203 AC LOT--27 R - 50.000 A - 24.880 C = 24.624 CB = S56-40-35f- D - 028--- z7 - T - 12.703 R - 25 .000 A - .45.730 C - 39.616 CB = S18-31--4 D - 104--48 2 T - 32.466 R - 300.000 A - 79.390 C = 79.159 CB = S26-17-34W D - 015-09-45) T - 39.928 N71-17--48W 101.460 N47-34-44E 132.720 Closing course S78-31--03E 0.027 Misclosure One part in 14176 North error = 0.005 East error = 0.027 Area - 8 ,3�0 0.192 AC LOT-28 J R = 300.000 A - 54.000 C - 53 .927 CS T S13-32--48W p - 010-18-48 T - 27.073 N81-36--36W 113.380 N01-03-43E 77.660 S71--17-48E 130.230 Closing course = S68-13-23E 0.007 Misclosure= One part in 54904 North error = 0.003 East error = 0.006 Area - 7,820 0.180 AC LOT-29 +� r R - 250.000 A - 84.000 C - 83.605, CB = N20-24-24E p - 019-15--05 T - 42.400 S59--58-03E 110.000 S20-24rv-24W 46.820 N7 9-13-08W 110.000 Closing course N14-04-38E 0.001 Misclosure. One part in 356779 North error = -0.001 East error = 0.000 Area - 7,269 0.167 AC LOT--30'� R - 250.000 A - 84.000 C - 83.605 CB = N39-39-29E p - 019-15--05 T -- 42.400 S40--42-58E 110.000 S39-39-29W 46.820 N59-58-03W 110.000 Closing course N33-19-43E Misclosure: One part in 356779 North error = 0.001 East error = 0.001 Area = 7,269 LOT-31 ✓ R - 250.000 A - 84.000 C = 83.605 CB = NSS-54-34E D = .-, 019-15-05 T - 42.400 S21-27-53E 107.070 S55-24-4SW 47.400 N40-42-58W 110.000 Closing course N16-34-25E Misclosure: One part in 92458 North error = 0.004 East error = -0.001 Area - LOT-32 v/ R - 250.000 A = 92.310 C - 91.787 CB = N79-06-48E D - 021--09-21 T - 46.687 0.001 0.167 AC 0.004 7,202 0.165 AC S01-36--33W 124.860 N80-37-32W 48.090 N21-27-53W 107.070 Closing course : S17-15-19W 0.002 Misclosure: One part in 188396 North error = 0.002 East error = 0.001 Area - 8,065 0.185 AC LOT-33 J R - 250.000 A - 8.370 C - 8.370 CB = 589--20-59E p - 001-55--C(P T - 4.185 588-23-27E 76.630 R - 25.000 e e A - 39.270 qa,'�'o 00 C - 35.355 G � �`_ C8 = S43-23--27E seefi °`^g D - 090--00--00 T = 25.000 501--36-33W 42.000 N88--23--27W 110.000 N01--36-33E 66.860 ��irf�F rcRF7CY•rl � Fc A lir. Closing course 589-40-01 E 0.002 r �-��` S vxt- Misclosure: One part in 219499 �AtI Cam, North error = 0.000rr7 East error = 0.002 Area - 7,235 0.166 AC LOT-34 ✓ 501-36-33W 73.000 N80-37--32W 111.020 N01-36-33E 58.000 588-23-27E 110.000 Closing course : 580-37-32E 0.002 Misclosure: One part in 177479 North error = 0.000 East error = 0.002 Area - 7,205 0.165 AC LOT-35 S01-36-33W 9.750 R - 125.000 A - 95.490 C - 93.185 CB = S23--29-38W D - 043-46--o T - 50.211 R - 25.000 A - 30.770 C - 28.864 CB = S80-38-18W D - 070-31 1 T - 17.675 R - 50.000 A = 23.550 C 23.333 CB = N77-35-42W D - 026-59-( T - 11.998 ,NO1-05-01W 109.890 S80-37-32E 92.000 Closing course N36-57-40W 0.005 Misclosure: one part in 69794 North error = 0.004 East error = 0-003 Area - 8,344 0.192 AC LOT-36s/ R - 50.000 A = 31.310 C - 30.801 CB = S70-58-37W D - 035-52, T - 16.187 N36-57-28W 130.060 NSS-24-45E 47.400 SSO-37-32E 67.110 S01-05-01E 109.890 Closing course : N01-23-02W 0.005 Misclosure: One part in 70404 North error = 0.005 East error = 0.000 Area - 8,757 0.201 AC LOT-37 V R - 50.000 A = 35.000 C - 34.290 CB = S32-59-19W D --040-06-25 T - 18.251 N77-03-53W 11 V 0'60 NO3-07-47E 28.170 N20-24-24E 46.820 N39-39-29E 46.820 S 36-57-28E 130.060 Closing course S50-44-37W 0.003 Misclosure= One part in 122032 North error = 0.002 East error = 0.003 Area - 9,358 0.215 AC LOT--38 R = 50.000 A - 35.000 C = 34.290 CB = S07-07-06E D - 040-06-4 T - 18.251 S62-49-41W 128.920 N01-03-43E 90.070 NO3-07-47E 27.520 S77-03-53E 110.060 Closing course : N67-13-11E 0.005 Misclosure One part in 80705 North error = 0.002 East error = 0.004 Area - 8,394 0.193 AC LOT--39 J R - 50.000 A = 35.000 C., = 34.290 CB = S47-13-32E D = 040-06-25 T - 18.251 S22--43-16W 110.000 N75-4 3--52W 101.260 N01-03-43E 40.930 N62--49--41E 128.920 Closing course = S34-49-50E 0.004 Misclosure: One part in 98479 North error = 0.003 East error = 0.002 Area - 10,36(F) 0.238 AC LOT-40 R = 50.000 A - 31.510 C = 30.991 C6 = N68--34--34 D - 036-06 T - 16.298 1 S39-28-49E 122.750 S72--35-58W 104.940 NO3--22--12W 115.000 closing course N22-12-01E 0.005 Misclosure. One part in 69626 North error = 0.005 East error = 0.002 Area - 7,63n0.175 AC WI LOT-41 R - 50 .000 A - 4.490 C - 4.488 CB = N47-56--SOE D - 005--08 43 T - 2.247 N45-22-37E 60.500 S44-37-23E 111.99.0 537-49-56W 76.650 N39-28-49W 122.750 Closing course S07--30-53W 0.001 Misclosure: One part in 696492 North error = 0.001 East error = 0.000 Area - 8,222 0.189 AC LOT--42 Z N45-22-37E 10.210 R - 175 .000 A - 42.930 C = 42.822 CB = N38-20-57E D - 014-03-�00 T - 21.573 S58-40--44E 110.000 S37--49-56W 80.120 N44-37-23W 111.990 Closing course S45--48-56E 0.003 Misclosure: One part in 121508 North error = 0.002 East error = 0.002 Area - 7,260 0.167 AC LOT-43 R = 175.000 A = 50.000 0 C = 49.830 CC = N23-08-10E D = 016-22-13 T = 25.171 S75-02-57E 117.910 S28-34-07W 82.650 N58-40-44W 110.000 Closing course : N59-20-17L4 0.005 Misclosure: One part in 79041 North error = 0.002 East error = 0.004 Area 7,389 0.170 AC LOT-44 R 175.000 A - 40.750 C - 40.658 CB .m N08-1674SE D = 013-20-30 T = 20.468 N01-36-33E 14.250 S88-23-27E 110.000 S01- 36-33W 81.840 N75--02-57 W 117.910 Closing course : S72-32-06E 0.005 Misclosure: One part in 73957 North error = 0.001 East error = 0.005 Area - 7,633 0.175 AC LOT-45 N01-36-33E 65.500 S88-23-27E 110.000 S01-36-33W 65.500 N88-23-27W 110.000 Closing course : N43-55--31W Misclosure: One part in 10000000 North error = 0.000 Cast error = 0.000 Area - 7,205 LOT-46 N01-36-33E 45.000 R - 25.000 A - 39.270 C - 35.355 CB = N46-36-33E D - 090--00-f,1 0.000 0.165 AC Con�C�� ti SEC— T - 25.000 S88-23-27E 77.000 �-.� so•• (d 6e R = z7 . o00 C, = 8.000 CB = S87-33-27E D - 001 4�V T - 4.0 �rN� S01-36--33W 69.870 v�E N88-23-27W 110.000I�p� vC � 7. 2C-2onP � � � � 69.8 7 �McnrSYQw �t4cT- r [0,�e6e; Closing course : S02-44-06E 0.014 re�cl+o�cn• Misclosure: One part in 25514 k jv a- North error = 0.014 Cast error = 0.001 rG . Area - 7, �54 j 0.174 AC LOT-47 / R - 250.000 A - 102.890 C - 102.165 CB = S48--41-46E- D - 023-34- 0 T - 52.184 S56-58-56W 110.000 NSO-43--32W 50'.000 N29-30-49E 110.000 Closing course : S37--00-35E 0.006 Misclosure: One part in 65775 North error = 0.005 East error = 0.003 Area - 8 , 4E@ 0.195 AC LOT-48'/ R - 250.000 A - 85.420 C - 85.005 CB = S27-06-57E Q - 019-34--3(o T - 43.130 S72-40--17W 110.000 N28-10-38W 55.000 t,,156-58--56E 110.000 Closing course : N18-26-48W 0.005 Misclosure: One part in 71197 North error = 0.005 East error 0.002 Area - 7,828 0.180 AC LOT-49 S17-19-43E 65.500 S72-40-17W 110.000 N17-19-w43W 65.500 N72--40-17E 110.000 Closing course : N88-18-39W 0.000 Misclosure: One part in 10000000 North error = 0.000 East error = 0.000 40 Area - 7,205- 0.165 AC ✓ S LOT -SO S17-19-43E 52.410 40 R - 300.000 A - 20 .640 C -- 20.636 CB = S15-21-28E D - 003-56-3 T - 10.324 S76-36-47W 110.000 N16-56-07W 65.470 N72-40-17E 110.000 Closing course N18-28-36W 0.004 Misclosure: One part in 101485 North error = 0.003 East error = 0.001 Area - 7,632 0.175 AC LOT-51 R - 300.000 A - 73.750 C - 73.564 CB = S06--20-40E D - 014-05-07 T - 37.062 S83-41-56W 110.000 NOS-33-07W 60.000 N76-36-47E 110.000 Closing course N12-24-11E 0.000 Misclosure: One part in 913077 North error = 0.000 East error = 0.000 Area - 7,426 0.170 AC LOT-52 R - 300.000 A - 99.920 C - 99.459 CB = S10-14-23W D 019-05-00 T - 50.427 N70-13-06W 110.000 N13-42--53E 50.000 N83--41--56E 110.000 Closing course : S24--16-46W Misclosure: One part in 459643 North error = 0.001 East error = 0.000 Area - 8,254 TRACT --A R - 250.000 A - 113.760 C - 112.781 CB = S73--31-16E D - 026--04-7g T = 57.882 S29-30--49W 1 SSO-43-32E S28--10-38E S 17--19-43E S16-56-07E SOS-33-07E S13-42-53W S70-13-06E 1 1 { S35-22-32W 62.000 N54-37-28W 145.000 N73-11-OOW 124.540 S72-09-04W 193.840 N89--36-02W 69.230 S17-31-41E 110.020 0.001 0.189 AC R - 50.000 A - 50.100 C - 48.030 CB = 54 3--46-OOW D - 057--24- 37 T - 27 .38 IV74--56-27W 109.740 NBB-56-17W 110.000 N01-03-43E 248.490 588-56-17E 110.000 S75-43-52E 101.260 N22--43-16E 110.000 R - 50.000 A - 22.770 C - 22.574 CB = SBO--19-30E D - 026-05--- T 11.58 S03-22-12E 115.000 N72-35-58E 104.940 N37-49--56E 156.770 N28--34--07E 82.650 N01-36-33E 217.210 Closing course N77-33-58W 0.013 Misclosure: One part in 225120 North error = 0.003 East error = 0.013 Area - 178 ,50 4.099 AC TRACT-B R - 50.000 A - 10.070 C = 10 .05 3 CB = S32-06--04W D - 011--32� T - 5.052 N63-39-58W 126.930 N01-03-43E 86.000 S88-23-27E 10.000 S01--03-436J 79.570 S63-39--58E 121.610 Closing course N32--08--461A 0.009 Disclosure. One part in 46125 North error = 0.008 East error = 0.005 Area - 2,Or0 0.047 AC TRACT-C N34-09-20W 35.000 N53-34-04E / 398.430 S58-42-16E 150.000 S 33-05--22W 175.000 S18-08-16W 110.000' S17--33-58E 69.040 567-47-25W 73.920 N34--09-20W 281.220 S51-11--22W 120.400 Closing course - S86--00-08E 0.005 Disclosure- One part in 289215 North , error = 0 .000 East error = 0.005 Area - 76,145 1.748 AC TRACT-D y S35-22-32W 680.260 R - 25.000 - A - 34.490 C - 31 .819 CB = 574-53-53W D - 079-02 4p T - 20 .62 R - 778.390 A - 145.800 C - 145.567 CB = N70-56-43W D - 010-43- 5 T - 73.114 R - 25.000 A - 34.240 C - 31.626 CB = IV37-04-30W D - 078-28 20 T - 20.416 R - 350.000 A - 107.140 C - 106.722 CB = N06-36--30W D - 017-32 2I T - 53.99 N41--34-37E 65.640 N58-12--12E 40.840 N12-35-41E 60.420 N22-07-17W 188.500 NOO-49-56W 148.990 N73-31-11E 59.450 558--59-42E 300.000 N61-12--19E 150.00.0 588-23-41E 129.620 Closing course : N41-27-05E Misclosure: One part in 36784 North error = 0.044 East error = 0.039 Area - 198, 65 TRACT-E { R = 200.000 A - 20.000 C - 19.992 CB = N19-20-42W D - 005-43-46 T - 10.008 0.058 4.568 AC N67--47-25E 201.000 h&fl�b TD c N-ec IK rkAc t'S E a,'a r. TRACT-G . R - 350.000 A = 3 7 . ;(�3 C - 37.752 CB = N22-09-46 D - 006-10- 9 T = 18.903 R - 25.000 A - 37.140 C - 33.818 CB = N61-37� D - 085 07 07 T - 22.956 R - 718.390 A - 106.330 C - 106.233 CB = S71-34-1 D - 008-28 50 T - 53.2 R - 25.000 A - 44.820 C - 39.054 CB = 515-58- D - 1024312 T = 31.2 S35-22-32W 677.160 N88-18-51W 258.740 S08-55-53E 66.130 N88-18-51W 87.030 N88--36--23W 412.510 N01-03-43E 961.730 S81-36-36E 113.380 N86-39-24E 51.290 S79--13-08E 110.000 S03-07-47W 55.690 S01-03-43W 131.000 N88-56-17W 110.000 S01-03-43W 248.490 S88-56-17E 110.000 S74-56-27E 109.740 R - 50.000 A - 50.100 C - 48.030 CB = N43--45-52E D - 057-24-0 T - 27.380 N17-31-41W 110.020 589- 36-02E 69 .2 30 N72-09-04E 193.840 573-11-OOE 124.540 554-37-28E 145.000 N35-22-32E 62.000 R - 300.000 A 53.000 C = 52.931. CB = N30-18-52E, D = 010-07 y T - 26.569 S64-44-45F 50.000 Closing course N62-54-18W 0.005 Misclosure: One part in 872333 North error = T .002 Fast error = 0.005 Area - 614,834 14.115 AC S. 282nd St., Military Rd. R.0.W., part of and 26th Ave. S. R - 748.390 A - 197.980 C - 197.403 CB S7 2--00-59F_ D - 015~-09-26 T - 99.571 535--22-32W 109.980 N64-44--45W 165.640 R 325.000 A - 84.230 C - 83.994 CB = N_1.7-4046E D - Co14-50w 57 ` i T - 42.352 Closing course = S26--'24-09E 0.007 Misclosure: One part in 84279 North error = 0.006 East error of = 0.003 Area - 17,965 0.412 AC 23r1 Ave. S., S. 280th Place AND 26th Ave. S. y r . R - 275.000 394.220 C = 361.321 CB = NSO-32--30k D - 082-08-06 T - 239.623 S88--23-27E 253.630 R - 275.000 A - 341.070 C - 319.626 CB - 552--51-37E D - 071-03-41 T - 196.378 S17-19--43DE 117.910 R - 325.000 f) - 241.540 C - 236.019 -• CB = S03-57-45 D = 042--34 T 126.654 1\168-26-28W 866.750 Closing course : S46-03-00E 0.008 Misclosure: One part in 291861 North error = 0.005 East error = 0.005 Area = 283,547 6.509 AC 25th Place S. R - 175.000 A - 48.150 C - 47.998 CB = N29-17--38E D - 015--45--52 T - 24 .228 S29--17--40W 47.990 Closing course S25-50-w21W 0.005 MisClosure: One Part in 11613 North error = 0.007 East error = 0.004 Area - -53 -0.001 AC small 24th Place S S01-36--33W 39.000 S01-36--33W 174.750 R = 150.000 A - 114.590 C - 111.824 CB = S23-29-:39W D - 043--46-13 T = 60.254 R - 112.500 A = 76.460 C - 74.997 CB = S64--50--59W D - 038--56--27 T - 39.773 N13-47--42E 367.700 Closing course S71--02--22E 0.002 Misclosure: One Part in 374972 North error = 0.001 East error = 0.002 Area - 15,515 0.356 AC BOUNDARY *� N01-03-43E 1317.940 S88-23-27E 412.520 N53-34-04E 773.450 SSS-42--16E 654.030 S44--15-44W 207.550 SSS-23--41E 83.550 N44-15-44E 294.700 S01-10-12W 47.700 S35-22--32W 203.340 N88--23-41W 24.050 S35-22--32W 1505.880 N88--18-51W 258.740 S08-55--53E 66.130 N88-18-51W 87.030 N88-3023W 412.510 Closing course NOS--30--23 E 0.001 Misclosure: One part in 6256441 North error = 0.001 East error = 0.000 Area - 1,823,688 41.866 AC STEWART TITLE COMPANY OF WASHINGTON, INC. 1201 Third Avenue, Suite 3800 Seattle, Washington 98101 Senior Title Officer, Mike Sharkey Title Officer, Diana L. Cardenas Unit No. 12 FAX Number 206-343-1330 Telephone Number 206-343-1327 Parklane Ventures Order No. 298165 31620 23rd Avenue, Suite 320 CERTIFICATE FOR Federal Way, Washington 98003 FILING PROPOSED PLAT Attention: David Morrison SHORT PLAT CERTIFICATE SCHEDULE A GENTLEMEN: In the matter of the plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of King County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that according to said records the title to the following described land: As on Schedule A, pages 2 through 4, inclusive, attached. IS VESTED IN: PARKLANE VENTURES, INC., a Washington corporation SUBJECT TO THE FOLLOWING EXCEPTIONS: As on Schedule B, attached hereto. CHARGE: $200.00 TAX: 16.40 TOTAL CHARGE: $216.40 RECORDS EXAMINED TO: August 14, 1996 at 8:00 a.m. STEWART TITLE COMPANY OF WASHINGTON, INC. RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT Mike Sharkey AUG 3 U 1996 Senior Title Office Unit No. 12 Order No. 298165 SHORT PLAT CERTIFICATE SCHEDULE A Page 2 In the matter of the plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of King County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that according to said records the title to the following described land: PARCEL A: That portion of the northwest quarter of the southeast quarter of Section 33, Township 22 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: Beginning at the northwest corner of said northwest quarter of the southeast quarter of Section 33, said point of beginning being further described as being the center of said Section 33; thence south 88023132" east along the north line of said subdivision, 1182.95 feet to the northwesterly margin of the "New" Military Road, as established by deed recorded March 15, 1939 under King County Recording Number 3035989; thence along the said margin the following three courses and distances: South 35023103" west 1505.93 feet; south 88018156" east, 24.04 feet; south 35023103" west, 78.13 feet to the south line of said northwest quarter of the southeast quarter of Section 33; thence north 88018156" west along said south line, 313.76 feet to the southwest corner of said northwest quarter of the southeast quarter; thence north 01003140" east along the west line of said subdivision 1316.36 feet to the TRUE POINT OF BEGINNING; EXCEPT that portion of the south 65.00 feet of the northwest quarter of the southeast quarter of said Section 33, lying between the "Old" and "New" Military Roads; AND EXCEPT portion lying within "Old" Military road, also known as John Rice County Road No. 127 as established on June 24, 1884; TOGETHER WITH the south 15 feet of the east 82.5 feet of the northeast quarter of the southwest quarter of said Section 33; AND TOGETHER WITH that portion of vacated "Old" Military Road, also known as John Rice County Road No. 127 and also known as Holst Road, vacated by King County Ordinance Number 3055, recorded under King County Recording Number 7702140525, more particularly described as follows: All that portion of "Old" Military Road, also known as John Rice County Road No. 127, lying southerly of the north line of the northwest quarter of the southeast quarter of said Section 33, lying northerly of the south 65 feet of said subdivision. (legal description, continued) r. Order No. 298165 SHORT PLAT CERTIFICATE SCHEDULE A Page 3 LEGAL DESCRIPTION, continued: PARCEL B: The east 412.5 feet of the northeast quarter of quarter of Section 33, Township 22 North, Range King County, Washington; EXCEPT the south 15 feet of the east 82.5 feet PARCFT, C: the southwest 4 East, W.M., in of said subdivision. That portion of the southwest quarter of the northeast quarter of Section 33, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the southwest corner of said subdivision; thence north 53134104" east 773.45 feet; thence south 58142116" east 654.03 feet; thence south 44115144" west 207.55 feet to the south line of said subdivision; thence on said south line north 88023141" west 1036.71 feet to the point of beginning; EXCEPT that portion thereof lying within the following described parcel: Commencing at the southwest corner of said northeast quarter; thence north 53034104" east 773.45 feet; thence south 58042116" east 654.03 feet; thence south 44015144" west 134 feet to the TRUE POINT OF BEGINNING; thence continuing south 44015144" west, a distance of 72.68 feet to the south line of said northeast quarter; thence along said south line north 88023141" west, a distance of 35C feet; thence north 44015144" east, a distance of 240 feet; thence southeasterly to the TRUE POINT OF BEGINNING; (ALSO KNOWN AS a portion of Lot 6, Redondo Heights, according to the unrecorded plat thereof). PARCEL D : That portion of the southwest quarter of the northeast quarter of Section 33, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the southeast quarter of said subdivision; thence north 88123141" west along south line thereof 204.34 feet; (legal description, continued) . T. Order No. 298165 SHORT PLAT CERTIFICATE SCHEDULE A Page 4 LEGAL DESCRIPTION, continued: thence north 44015144/1 east 294.70 feet; thence south 01010112/1 east along east line of said subdivision 216.74 feet to the point of beginning, Redondo Heights, unrecorded, Lot 5A; EXCEPT that portion thereof lying within Military Road South; (ALSO KNOWN AS Lot 5A; EXCEPT County road, Redondo Heights, according to the unrecorded plat thereof). That portion of the southwest quarter of the northeast quarter of Section 33, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the southwest corner of said northeast quarter; thence north 53034104/1 east 773.45 feet; thence south 58042116/1 east 654.03 feet, south 44015144/1 west 134.87 feet to the TRUE POINT OF BEGINNING; thence continuing south 44015144/1 west, a distance of 72.68 feet to the south line of said northeast quarter; thence along said south line north 88023141/1 west, a distance of 350 feet; thence north 44015144/1 east, a distance of 240 feet; thence southeasterly to the TRUE POINT OF BEGINNING; (ALSO KNOWN AS a portion of Lot 6, Redondo Heights, according to the unrecorded plat thereof). END OF SCHEDULE A STEWART TITLE GUARANTY COMPANY SHORT PLAT CERTIFICATE Schedule B Order No. 298165 GENERAL EXCEPTIONS: 1. Rights of claims of parties in possession not shown by the public records. 2. Public or private 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. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 8. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. B. SPECIAL EXCEPTIONS: As on Schedule B, attached. SHORT PLAT CERTIFICATE SCHEDULE B Page 2 SPECIAL EXCEPTIONS: Order No. 298165 1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: The Pacific Telephone and Telegraph Company PURPOSE: Right to erect and maintain poles, wire and fixtures appurtenant to electric power transmission line or lines AREA AFFECTED: As now located or to be constructed over a portion of said Parcel A RECORDED: April 15, 1924 and August 4, 1924 RECORDING NUMBERS: 1857062 and 1901219, respectively 2. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Puget Sound Power & Light Company, a Washington corporation PURPOSE: Electric transmission and/or distribution lines together with all necessary or convenient appurtenances thereto AREA AFFECTED: A right-of-way 5 feet in width as now staked or constructed over, across and upon the southeasterly 150 feet of Parcels C, D, E and other property RECORDED: RECORDING NUMBER: October 24, 1975 7510240520 AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: FOR: Undisclosed IN FAVOR OF: Water District Number 75 DISCLOSED BY INSTRUMENT RECORDED: February 14, 1977 RECORDING NUMBER: 7702140525 AFFECTS: That portion of Parcels A and B lying within vacated "Old" Military Road (continued) C4 Order No. 298165 SHORT PLAT CERTIFICATE SCHEDULE B Page 3 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Puget Sound Power & Light Company, a Washington corporation PURPOSE: An underground electric distribution system AREA AFFECTED: The centerline of Grantee's facilities as constructed or to be constructed, extended or relocated, lying within the above described property DATED: RECORDED: RECORDING NUMBER: August 31, 1996 August 2, 1996 9608020828 O. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: PURPOSE: Washington Natural Gas Company, US West Telephone Company, and TCI Television Cable Company Utilities AREA AFFECTED: A Right -of -Way 10 feet in width having 5 feet of such width on each side of a centerline described as follows: The centerline of Grantee's facilities as constructed or to be constructed, extended or relocated, lying within the above described property RECORDED: RECORDING NUMBER: August 2, 1996 9608020829 (continued) Order No. 298165 SHORT PLAT CERTIFICATE SCHEDULE B Page 4 6. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY AND BETWEEN: Federal Way Water and Sewer, King County, a municipal corporation; and Parklane Ventures Ltd. DATED: January 25, 1993 RECORDED: February 3, 1993 RECORDING NUMBER: 9302031231 REGARDING: Developer extension agreement for sewer and water service Said Agreement was modified and/or amended by instruments recorded under Recording Numbers 9311290247 and 9510040430. 7. RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RAILROAD COMPANY: Reserving and excepting from said lands so much or such portions thereof as are or may be mineral lands or contain coal or iron, and also the use and the right and title to the use of such surface ground as may be necessary for mining operations and the right of access to such reserved and excepted mineral lands, including lands containing coal or iron, for the purpose of exploring, developing and working the same. RECORDING NUMBER: 209726 and 286278 NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved. AFFECTS: Parcels A and B 8. Reservation of all coal, oil, gas and mineral rights, and rights to explore for the same contained in deed from Weyerhaeuser Timber Co., a Washington corporation. RECORDED: March 12, 1926 RECORDING NUMBER: 2151966 AFFECTS: Parcels C, D and E NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved. (continued) Order No. 298165 SHORT PLAT CERTIFICATE SCHEDULE B Page 5 9. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: RECORDED: July 8, 1938 RECORDING NUMBER: 3003158 GRANTEE: County of King, State of Washington AFFECTS: Portion of Parcels C and D adjoining Military Road South 10. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: RECORDED: March 15, 1939 RECORDING NUMBER: 3035989 GRANTEE: County of King, State of Washington AFFECTS: Portion of Parcel A adjoining Military Road South 11. NOTICE AND THE TERMS AND CONDITIONS THEREOF: MADE BY: Federal Way Water and Sewer District DATED: April 6, 1989 RECORDED: May 12, 1989 RECORDING NUMBER: 8905120210 REGARDING: Notice of Additional Water or Sewer Facility Tap or Connection Charge 12. LICENSE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY AND BETWEEN: City of Federal Way and Parklane Ventures, Inc. DATED: August 1, 1995 RECORDED: November 3, 1995 RECORDING NUMBER: 9511030734 (continued) Order No. 298165 SHORT PLAT CERTIFICATE SCHEDULE B Page 6 13. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: TAX ACCOUNT NUMBER: LEVY CODE: AFFECTS: CURRENT ASSESSED VALUE: GENERAL TAXES: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: SPECIAL DISTRICT: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: 1996 332204-9026-02 1205 Parcel A Land: $465,000.00 Improvements: $ 0.00 $7,144.08 $3,572.04 $3,572.04 $1.25 $ .63 $ .62 NOTE: IF THE TAXES AND CHARGES CANNOT BE DIVIDED EQUALLY BY 2, THE HIGHER AMOUNT MUST BE PAID FOR THE FIRST HALF PAYMENT. 14. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: TAX ACCOUNT NUMBER: LEVY CODE: AFFECTS: CURRENT ASSESSED VALUE: ,e w0� 1MNA�ys AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: SPECIAL DISTRICT: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: 1996 332204-9016-04 1205 Parcel B Land: $387,000.00 Improvements: $ 0.00 $5,945.72 $2,972.86 $2,972.86 $1.25 $ .63 $ .62 NOTE: IF THE TAXES AND CHARGES CANNOT BE DIVIDED EQUALLY BY 2, THE HIGHER AMOUNT MUST BE PAID FOR THE FIRST HALF PAYMENT. (continued) Order No. 298165 SHORT PLAT CERTIFICATE SCHEDULE B Page 7 15. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: TAX ACCOUNT NUMBER: LEVY CODE: AFFECTS: CURRENT ASSESSED VALUE: GENERAL TAXES: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: SPECIAL DISTRICT: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: 1996 720480-0030-06 1198 Parcel C Land: $141,000.00 Improvements: $ 0.00 $2,166.27 $1,083.13 $1,083.14 $1.25 $ .63 $ .62 NOTE: IF THE TAXES AND CHARGES CANNOT BE DIVIDED EQUALLY BY 2, THE HIGHER AMOUNT MUST BE PAID FOR THE FIRST HALF PAYMENT. 16. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: TAX ACCOUNT NUMBER: LEVY CODE: AFFECTS: CURRENT ASSESSED VALUE: GENERAL TAXES: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: SPECIAL DISTRICT: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: 1996 720480-0035-01 1198 Parcel D Land: $10,000.00 Improvements: $ 0.00 $153.64 $ 76.82 $ 76.82 $1.25 $ .63 $ .62 NOTE: IF THE TAXES AND CHARGES CANNOT BE DIVIDED EQUALLY BY 2, THE HIGHER AMOUNT MUST BE PAID FOR THE FIRST HALF PAYMENT. (continued) Order No. 298165 SHORT PLAT CERTIFICATE SCHEDULE B Page 8 17. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: TAX ACCOUNT NUMBER: LEVY CODE: AFFECTS: CURRENT ASSESSED VALUE: GENERAL TAXES: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: SPECIAL DISTRICT: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: SPECIAL DISTRICT: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: 1996 7210480-0031-05 1198 Parcel E Land: $69,000.00 Improvements: $ 0.00 $1,060.09 $ 530.05 $ 530.04 $74.21 $37.11 $37.10 $1.25 $ .62 $ .63 NOTE: IF THE TAXES AND CHARGES CANNOT BE DIVIDED EQUALLY BY 2, THE HIGHER AMOUNT MUST BE PAID FOR THE FIRST HALF PAYMENT. la. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Parklane Ventures, Inc., a Washington corporation TRUSTEE: Chicago Title Insurance Company, a corporation BENEFICIARY: Kohl Excavating, Inc., Profit Sharing Plan and Trust, a Washington trust, and Geneva Development, Inc., a Washington corporation AMOUNT: $830,500.00 DATED: June 30, 1993 RECORDED: June 30, 1993 RECORDING NUMBER: 9306301752 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. (continued) Order No. 298165 SHORT PLAT CERTIFICATE SCHEDULE B Page 9 ASSIGNMENT OF SAID DEED OF TRUST, BY SUCCESSIVE ASSIGNMENTS: ASSIGNEE: Kohl Excavating, Inc., Profit Sharing Plan and Trust, a Washington trust DATED: October 7, 1993 RECORDED: October 13, 1993 RECORDING NUMBER: 9310130578 NOTE: SUBORDINATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY AGREEMENT DATED: RECORDED: RECORDING NUMBER: October 25, 19 October 27, 1995 9510271018 The above Deed of Trust was made subordinate to the Deed of Trust recorded under Recording Number 9510271017. Said Deed of Trust has been partially reconveyed by document recorded under Recording Number 9512151603. 19. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: 101ei7►��11CW TRUSTEE: Parklane Ventures, Inc., a Washington corporation Chicago Title Insurance Company BENEFICIARY: 3034518 Canada Inc., a corporation, 3034526 Canada Inc., a corporation, and 3034500 Canada Inc., a corporation AMOUNT: $ DATED: May 31, 1994 RECORDED: June 22, 1994 RECORDING NUMBER: 9406221562 AFFECTS: Said premises and other property 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. NOTE: SUBORDINATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY AGREEMENT DATED: RECORDED: RECORDING NUMBER: October 25, 1995 October 27, 1995 9510271019 The above Deed of Trust was made subordinate to the Deed of Trust recorded under Recording Number 9510271017. (continued) Order No. 298165 SHORT PLAT CERTIFICATE SCHEDULE B Page 10 RESIGNATION AND APPOINTMENT OF SUCCESSOR TRUSTEE: RESIGNED: APPOINTED: I•A RECORDED: RECORDING NUMBER: Chicago Title Insurance Company Stewart Title Company 3034526 Canada Inc., a Canadian corporation February 5, 1996 9602050725 2Q. DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING WITH ASSIGNMENT OF LEASES AND RENTS AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Parklane Ventures, Inc., a Washington corporation TRUSTEE: Rainier Credit Company BENEFICIARY: Seattle -First National Bank, a national banking association AMOUNT: $2,354,131.00 DATED: September 13, 1995 RECORDED: October 27, 1995 RECORDING NUMBER: 9510271017 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. NOTE 1: A survey of the herein described property was recorded under King County Recording Number 9505229005, a copy of which is hereto attached. AFFECTS: Parcels C, D and E END OF SCHEDULE B Title to this property was examined by: Mick Foley Any inquiries should be directed to one of the title officers set forth in Schedule A. MCF/pja/3228K ••wee �r.-. _.�,.�':� - - •:a.-�.y ■�a7+:;. _ �rf^`y�'�'y�y� . : �� • _ r.- ' _ _' L•'-• _�[ •tea. � i fi z, W \1g h ' [�► : MMom` • r • ♦ � {'• I STEWART ThLE COMPANY OF WASHINGTON, INC. "A Tradition Order No. of Ettdlence" IMPORTANT: This is not a Plat of Sun•ey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. L f NORTH SOUTH S•tI �! rprlM • j yi 4' f +ri ��i! 1r s"ANN KID 46 j J = !� ■ r' ICAn ..r 47' • ~ .•s r S� j iTyy.7* � • � rii � 1�a+ �'d •� _i r � +s }�� v� � � �� , a � .H.f+ !T o � ':fir: a t .3' =`- d� y, �.a sf• � `a i 3 ,..� ■ ■ • 2� Z r .F'• rrr t rr■s o �,s w,•.osf / �0 i r1i pia r� 1 r 43r• �� +.. �.y..� r+ • /f �� ■ t _ • �.r ■. • • f • .r• a• ..+ _ ■ � �: +arm 4x r + ► r.e *, � + � ■r t �S i ..r ,r . a r w ff t f } ! O Lr/. �� '."+rr i 30''t ras■■ST d A!C >: i.,•fff 30 r ,•■ i r i ■ ■ •a'�'•i.■7r f1 ' . ! r 1 fi •'r+•ems r ti► R4 • , ys �-�'A w mil• S Ki1• al • .i ►+.■r . ! r P ■ 7fr� �,�A • 1 •may �'3! s` i'r l��+ ■ arofSa ~ _ !!' N : ' ." ` '■ �x.rM 31 V L � ie.r 4G . rr'a� e I ;" SS :�. •. - I .w1r ? er ■A .i* w r. •�.iifii�~t Y Mi 3=� N. 39 + •, • �■ a r„rAv 2 IS ; i:X �.te� r fr .."s" T■ 4+K ? ..,•.+ ■ '� f�a x i�+■,33 4 OP up ;rr� \s ems\ ;; �• ~ t ''7r s [ t■or r .•r•v� r i 37 P. st -, 'q.d_`ys # y 7 \ '• �•.• "ice JL1'"y'ff 33rra F S 4�f? v a lip •i + sp = �■ +*4 A ry ti ja 1 � 100 AP 90 -V 61 �r �s + 76•ti. is�s SP jos4 �19' e •'. a ti • i op% Ji *ob " f w 74 • ! ro; �s 'l� t % A40 v QPrL-CZL 0• L J r 4 �+l �� 6 .y 4 ■A ' a PPS-•tC,%—Ljv s•lT � t rid STEWART TITLE COMPANY OF WASHINGTON, INC. QPrA CZL 7 "A Tradition Order No. ---') 9 'i 1 of Excellence" IMPORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of SOUTH reliance hereon. '1r I i a- 0 w r C 11%1 - t✓.-' 2 -- 4 . L,; M . STEWART TITLt COMPANY OF WASHINGTON, INC. NORTH "A Tradition Order No. of Excellence" I`1PORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of ISOUM reliance hereon. I u+u"�"o �waY roa" • pan 1 1/4" Sq.--4 Pole "D" 2" NPS Slipfitter 4 1/2" O.D. 4 1/2" O.D. Alum. Tube • _ 18B" Wall Alloy 6063—T6 A" Satin Ground Finish Mounting ' R5'-9" Heigght 1 Two 1/2"-13NC x 5 3/4"t V 16" Long Stainless Steel Studbolts With (2) 1/2 —13NC S.S. Hex. Nuts L4 And (2) Nylon Lockwashers 1/2" O.D. Flush Joint Notes: 1) Pole Assemblies Designed To Support Maximum Luminoire Size Of 1.5 Sq. Ft, EPA And 60 Pounds In A 100 mph Isotach 130 mph Gust 'Velocity Wind Per HAPCO Criteria• . 2) 4043 Filler Wire Used For Welding. 3) Only The Base Flange Welds Are Heat Treated 4) Packing Per HAPCO Standard Procedure. Tapered Alum. Tube "C" Wall Alloy 6063-716 Satin Ground Finish 1/2'-13NC Tapped Hole For Grounding Handhole Frame SEC110N 1HRU HANDHOLE Item No. I A 8 C D 65635-001 30' 23'-3" .188" 12' 35' 28'— 219 12'35-003 E6635-002 35' 28'— .250 16' 65635-004 30' 23'— 21 116' 65635-005 40' 33'— .250 12' Four i"-8NC Steel Anchor Bolts AS1Y A576. AISI Grade 11" To 12" Did. 1021— 7046, 50,000 psi Minimum Y►eld, Mears Dia. Of Bolt Circle Rod Stock 0.90801.011 ", Out Of Round Tolerance: ±0.012", Rolled Or Cut rereads Per ASTM A307• Class 24, Top 10" Goly. Per ASTM A 153 1 (6) 1"-8NC Ga1v. Stf. Hex. Nuts b , (4) 1" Golv. Stl Lockwashers i (8) 1" GaIV Stl. Flatwoshers 1� 6" --� Hondhole (4" x 6" Nominal) Non —Flush Type, Thread . Complete With Reinforcing Frame Alloy 356—T6, i Cover And Stainless Steel Hex. Hd. Screws Base Flange Alloy 356--T6 With Bolt Cover And Stainless Steel Hex. Hd. Screws JOB: MILITARY RD @ S. 284TH w�uwr+a a rw i.rA tpn.S 1wu w LONW&N "erIswNs ..n '""DAIrIT POLES I _ cusro�• cosaws 32.00 a►zs0$ 23 82 sr LW owo. Mo. �"�"-'-'-.� B 6 5 6 3 5 n� r r CMIC•D —� a Q .: W ©p O v O 61,o LWL a: 9 O � U C LO 1'7 (D Ln CO m RL=400 CUTOFF LUMINAIRE Provides state-of-the-art optics while re- ducing glare and discomfort, improving visibility, and minimizing light pollution. Hubbell's RL-400 Roadway Cutoff luminaire provides an optimum solution for today's technically demanding area and streetlighting applications. Utilizing state-of-the-art engineering and design technology, the RL-400 Cutoff Series provides precise asymmetrical cutoff control resulting in no spill light above 90' and superior veiling luminance which reduces glare. Additional high performance features include Hubbell's modular wiring center and tool -less ballast access, thereby resulting in easier installation and maintenance. Its design allows maximum energy and illumination efficiency, while at the same time reducing total operating cost. Available in wattages ranging from 200 to 400 watts, its specially designed optional magnetic regulator ballast increases lamp life and improves overall optical and electrical performance. Hubbell's RL-400 Roadway Cutoff Series provides the ideal roadway lighting system to improve the appearance of street and parking areas, increase traffic safety, and combat crime and vandalism. It's ideal for either new construction or retrofitting onto existing mast arm installations, in short any application which requires sharp cutoff control. Recommended applications for this luminaire series include: . Roadways e Automobile dealerships . Parking areas . Industrial parks . Malls a Airport areas Housing — Rugged, die-cast, aluminum housing finished in durable gray or bronze LEKTROCOTE D polyester. Ballast — A wide range of ballast types and voltages, including an efficient magnetic regulator design. Power Module — Permits easy access to the ballast compartment and allows either door or top housing mounted ballast. Lens — Flat, tempered and impact resistant glass. Optical Assembly — True cutoff, highly engineered faceted reflector design produces low veiling luminance and excellent illuminance. Socket — Socket assembly permits easy field adjustments to obtain different photometric distributions. Mounting — Provides a complete selection of arms for most mounting requirements. Stabilized "bird shield" permits 1 1/4" through 7 pipe sizes. Additional Features: . Two door system • Sealed optical compartment • Plug-in starting aid . Modular wiring center • High strength latch and safety screw attached to the ballast compartment . Optics designed to optimize HPS sources e Computer designed ANODALO finished reflector e Custom-R-Build (modular) catalog logic ■ 90' cutoff Options: • Magnetic regulator ballast • Tool -less top housing entry • Top housing or door mounted ballast • Fusing • Leveling device indicator • Bronze Lektrocote finish (M-51) ■ Charcoal filter assembly • Silicone gasketing • U.L. Listed 77 O LEHT:,, BELLLighting, Inc. ra DIMENSIONS 151/a • (406 mm) 36'/.•• (915 mm) 73� (203 im) (203 mm) _ 12•• MIN (305 mm) DISTANCE FOR DOOR REMOVAL E.P.A. 1.0 SO. FT. Project MILITARY RD. @ S. 284TH I Type I Catalog Number Remarks RLCD-40S76-032-025-0-M53 / BT-28� ET 18Q - 7� E-25Q BT 3 E017 $ ET23.5� T LUMALUX® STANDARD LUMALUX® VENDOR ID NO. A�' Rated �PP�• OCIG46135 UPC46135 Orderinq �� Spec. Ptg. Oeserlptloa Haug We Lumens Initlal Mean L.C.L. Rem No. AhhreolaUea Namher S76HA-35 Oly. 20 Clear 16000+ 2250 2025 3'/,s Y/,s 35 ED-17 Med. 67500 LU35/MED 16000+ 2150 1935 3'/,s 5'/,s 67501 LU35/0/MED S76HB-35 20 Coated 24000+ 4000 3600 37/16 57/16 50 ED-17 Med. 67502 LU50/MED S68LP-50 20 Clear 24000+ 3800 3420 3'/,s 5'/,s 67503 WHOMS68LR-50 20 Coateds ET-231/2 Mog 67510 LU50 S68MS-50 20 Clear 24000+ 4000 3600 5 71/2 67511 11 150/D S68MT-50 20 Coated 24000+ 3800 3420 5 71/2 70 ED-17 Med. 67504 LOOMED S62LG-70 20 Clear 24000+ 6300 5670 37Ar. 57/16 67505 LU70/D/MED S62LH-70 20 Coateds 24000+ 6000 5400 3'/,s 5'/,s ET-231/2 Mog 67512 LU70 S62ME-70 20 Clear 24000+ 6300 5670 5 71/2 67513 LU70/0 S62MF-70 20 Coated' 24000+ 6000 5400 5 71/2 T-7 RSC 67618 LU70/DE M85 12 Clear 10000- 7000 6300 2'/4 41/2 100 ED-17 Med. 67506 MOONED S54SG-100 20 Clear 24000+ 9500 8550 37/16 57/16 67507 LU100/0/MED S54SH-100 20 Coateds 24000+ 8800 7920 3'/,s 5'/,s ET-23'/z Mog 67514 LU100 S54SB-100 20 Clear 24000+ 9500 8550 5 7'/z 67515 LU100/D S54MC-100 20 Coateds 24000+ 8800 7920 5 71/2 150 ED-17 Med. 67508 LU150/MED S55RN-150 20 Clear, 55 Volt 24000+ 16000 14400 39/16 5" /16 67509 LU150/D/MED S55RP-150 20 Coated, 55 Volts 24000+ 15000 13500 39/16 5" Ar. ET-231/2 Mog 67516 LU150/55 S55SC-150 20 Clear, 55 Volt' 24000+ 16000 14400 5 7'/z 67517 LU150/55/0 S55MD-150 20 Coated, 55 Volts.' 24000+ 15000 13500 -5 7'/z BT-28 Mog 67518 LU150/100 S56SO-150 10 Clear,100 Volt' 24000+ 16000 14400 5 85/16 T-7 RSC 67619 LU150/DE M81 12 Clear 10000 15000 13500 25/e 53/16 200 ET-18 Mog 67519 LU200 S66MN-200 10 Clear 24000+ 22000 19800 53/4 911/16 250 ET-18 Mog 67520 LU250 S50VA-250 10 Clear 24000+ 29000 26100 53/4 9"/,6 BT-28 Mog 67521 LU250/D S50VC-250 10 Coateds 24000+ 26000 23400 5 85/1624000+ 310 ETA Mog 67522 LU310 S67MR-310 10 Clear 37000 33300 53/4 9" /16 350 T-14'/2 Mog 67613 LU350 SUPER ® N/A 10 Clear 18000 50000 45000 53/4 91/4 Am ET-18 Mog 67523 LU400 � S51 WA-400 10 Clear 24000+ • 50000 45000 53/4 9"/�s -- " B-- Mog 67524 LU4 00/D S51WB-400 10 Coateds 24000+ 47500 42300 7 111/2 1/4 T-14.5 Mog 67615 LU400 PLANTA 3 S51 10 Clear 1800 0 5 00 6'/s 1100 600 T-16 Mog 67614 LU600 SUPER 0 S106 10 Clear 18000 0000000 9 10810 65/e 1113/,6 67616 LU600 PLANTA O S106 10 Clear 18000 81000 72900 67/8 111/4 Mog 67547 LU750 S111 NH-750 6 Clear 14 24000+ 110000 99000 6'/s 11'/z 750 BT-37 LU1000 S52XB-1000 6 Clear1 24000+ 140000 126000 83/4 15'/16 1000 E-25 Mog 67307 IIILU400" t 9h Color Rendering Lamp @ New Item Footnotes/Symbols pgs. 153-155 Energy Saving Product/Value Added Product = Hi K 4 4 il!19-1 AGATING SERIESad 2iz RESEARCH, INC. DIMENSIONS: 3" Dia.; 2 1/8"H "SST" Series: SOLID STATE CONTROL The SST solid state photocontrol is the industry's most technologically advanced method of controlling street lighting with over 15 years of field experience and custom designed electronics providing precise light- ing control and stable performance. The device uses an integrated chip and silicon light sensing element to hold specifications up to five times longer than conventional cadmium sulfide CdS controls. The combination of these two electronic design features absolutely prevents light level drift so that the light levels remain constant for the life of the control, All SST series controls are equipped with an inverted OFF to ON light level ratio of (.6), This feature adds to the reduction of burn hours, particularly for the_ new higher "ON" level control recommended by professional lighting engineers for visibility and safety, The result of these features are maximized savings in replacement, labor and energy costs that can add up to hundreds of thousands of dollars over the course of a few years. Model Volts Rating Std. Ctn. Ctn. 'Wt. (lbs.) Housing Color SST-IES 105-285 1800VA 12 5.0 Blue SST-PV 105-285 1800VA 12 1 5.0 Blue SST-120 120 1800VA 12 5.0 Grey SST-240 240 1800VA 12 5.0 Red "Fail Off" Controls Available - Please Consult Factory. SST -?ES: New Visibility & Safety Standards Required By Professional Engineering Groups. Liability concerns with respect to roadway visibility and safety dictate the allowance for luminaire warm-up time (4 minutes for H.P.S,). Growing litigation in this area has in- spired extensive study by professional lighting engineers, who have concluded that the solution lies in providing a control with a higher turn "ON" light level. The consensus is that the "ON" light level should be set at 3.OFc, allowing street lights enough time to come up to safe visible levels. Increasing the "ON" light level creates a problem for a conventional cadmium sulfide (CdS) control because it also increases the "OFF" level by 3-5 times resulting in an enor- mous increase in burning hours. Current acceptable stan- dards (ANSI C136.10-1988) actually allow for the CdS con- trol weakness with a maximum 5 to 1 "OFF" to "ON" ratio. The SST series with its inverted light level ratio (.6 the "ON" level ex.: Lights On at 3.0 Fc-Off at 1,8Fc) preserves the utility's luminaire burn hour requirements. Additionally, to prevent reoccurrence of warm-up time, a time delay (rec- ommended minimum 45 seconds) should be employed to prevent stray light tripping. Suggested Specification SST-IES The outdoor lighting photoelectric controls (OLC) shall be of a solid state crystal sensing type with an inverted turn -on and turn-off design. The OLC shall be designed to turn -on at 3,0 footcandles (FC) (+/-25%). The OLC light sensor shall have a dedicated inverted control cir- cuit such that the turn-off value will be 60% of the turn on value (1.8 +/-25%). The OLC shall have a maximum total drift of not more than 1 % over ten years. All the preceding shall be attested in a test report by a nation- ally recognized test laboratory. The OLC shall be de- signed to operateproperly over the input voltage range of 105 to 285 volts with no change in the turn -on and turn-off FC values. The OLC shall be designed such that the output control relay shall have minimum 30 seconds time delay to prevent false turn-off from momentary light flashes. The OLC output relay shall be fully rated at 1800 VA, 15 amps for all HID lamps and shall be of the fail-safe (fall -on) type of design. The OLC shall have a built in MOV for lightning and transient/surge protection. The control shall also have secondary Zenier diodes and transient filters. The printed circuit board shall be properly coated to prevent corro- sion. The OLC cover shall be made of blue hi -impact Noryl plastic that Is UL listed break resistant and flame retarding material and shall conform to ANSI standards of voltage color coding. The OLC window shall be made of acrylic with the proper UV stabilizers to prevent discol- oration. The OLC shall conform to all IES street lighting standards and the ANSI 136. 10 specs for twistlock photo - control devices, The OLC shall be Area Lighting Research Model #SST-IES or approved equal. 60 Asbury Road • Hackettstown, NJ 07840 • 908-852-2205 • Fax: 908-852-2816 0 Me CITY OF e^ 33530 1 ST WAY SOUTH FIL� UU, r I TO: David Morrison, Parklane Ventures FROM: Jim Harris, Associate Plann DATE: October 4, 1996 (206)661-4000 FEDERAL WAY, WA 98003-621,0 SUBJECT: Application for Final Plat Approval for Heritage Woods Division 1, Federal Way File No. SUB92-0005, Notice of Incomplete Application The City Community Development Review Committee (CDRC) has reviewed the September 5, 1996 application for final plat approval for Heritage Woods Division 1. Please note that the preliminary plat approval expires on October 20, 1997. It is the City's policy that all major improvements including roads, storm drainage, and installation of water and sewer be completed prior to final plat approval. The Public Works Department is developing a punch list of incomplete and/or unapproved construction related items. Statutory warranty deeds must be submitted for all right-of-way and open space tracts. Applications for final plats must be reviewed by the City Council Land Use and Transportation Committee (IMC) prior to action being taken by the City Council. The LUTC normally meets twice a month on the first and third Mondays. In order to give staff adequate time to prepare the staff report, all outstanding issues must be resolved at least two weeks prior to the next available LUTC meeting. This includes all fees being paid and bonds -being posted. In addition, all required documentation must have been submitted. The following outlines what must be submitted and/or addressed before staff is able to complete its review and develop a final plat staff report and recommendation. Please be advised that our review comments at this time are based on the information submitted to date. Additional comments and or corrections may be required based on submittal of additional or revised information. The final plat application is considered incomplete and returned for additional information. No further action on the final plat application will occur until the application is deemed complete. I. FINAL PLAT MAP 1. See enclosed redline final plat map and Public Works review checklist. Revise documents accordingly. V 1• SY4, 3, >__ ' David Morrison October 4, 1996 2. A recently enacted state law requires all lot addresses to be shown on the final plat map. Please see the attached address list. Addresses may either be shown in numbers enclosed with a box on each lot, or the addressees may be listed on one of the final plat map sheets. If you have any questions about the provided address list, contact Ken Cornwall, Federal Way Lead Plans Examiner at (206) 661-4123. 3. Street numbers must be shown on the map on sheet 1 of 7. 4- Delete reference to 284th Court South on sheet 3 of 7. Lots 21-27 will be addressed off South 280th Place. 5. On sheet 4 of 7 show an arrow from the words "Tract F" to the actual parcel. 6. Note 13 on sheet 5 of 7 states, "Tract F is for future development". Tract F is actually a wetland buffer and will be subject to the note identified in section III item 7 of this memo. Tract F should not be considered for future development. 7. The language for note 11 sheet 5 of 7 must be revised. See section III item 7 of this memo for suggested language for the note. 8. The language for note 7 sheet 5 of 7 is not appropriate as proposed. See section U items 6 and 7 of this memo regarding geologically hazardous areas, and see the attached letter dated September 19, 1996 to David Morrison regarding unresolved geologically hazardous area issues. 9. The first sentence of the downspout note on sheet 7 of 7 must be removed. The first sentence contradicts the remainder of the note, and all lots in Division 1 have been provided downspout connections to a drainage system. 10. Note 15 on sheet 5 of 7 must include language regarding minimum finished floor elevations, as provided in the attached memo from Lakehaven Utility'District to Jim Harris, dated September 26, 1996. 11. A note regarding Native Growth Protection Easements (NGPE) shall be added to the plat notes on sheet 5 of 7. Suggested language for the NGPE notes is as follows: "Native Growth Protection Easements (NGPE) are areas where no vegetation and/or trees are to be cut and/or removed, except those which are dead, dying, diseased, or considered a potential safety RAI David Morrison October 4, 1996 hazard. Any vegetation and/or tree removal in the NGPE requires the prior approval of the City of Federal Way Community Development Services Department. No structure shall be constructed and or located in a NGPE except as authorized by the Department of Community Development Services. " II. CONDITIONS OF PRELIMINARY PLAT APPROVAL All conditions of preliminary plat approval of Heritage Woods are required to be met prior to approval by the City Council. The following is a list of all conditions of preliminary plat approval (shown in italic font). We have attempted to identify those conditions that have already been met. In those instances where the City does not have documentation on how a condition has been met, we have explained what needs to be submitted to verify compliance with- the condition. This review is based on information that you have submitted to date. - Upon resolution of all outstanding issues and receipt of the requested information, we will review the revised submittal and a staff report will be prepared for the LUTC and City Council. A meeting will be scheduled upon substantial completion and inspection of improvements. 1. Pursuant to section 20.130.30 of the Environmental Policy Ordinance, all mitigation measures of the April 8, 1992 determination of nonsignicance are incorporated by reference as conditions of this approval. Failure to comply with the mitigation measures shall constitute grounds for suspension and/or revocation of this approval. STAFF RESPONSE: See comments in section III of this memo below regarding compliance with - SEPA conditions. 2. Approval of this proposed preliminary plat is subject to approval of rezone application number RZ-92-0001. In the event that rezone application number RZ- 92-0001 is modified or denied, any action to approve this preliminary plat shall be deemed invalid and a new public hearing required. 3 David Morrison October 4, 1996 STAFF RESPONSE: The ordinance for rezoning a portion of the site will be developed by the City staff and will be attached to the staff report to the LUTC and City Council. The ordinance adopting the rezone will be processed and adopted concurrently with the final plat approval for Division 1. 3. To the maximum extent feasible, existing natural vegetation shall be utilized within all landscape buffer areas as required by the Director of Community Development. As proposed, the applicant will provide a fifteen foot wide buffer of native vegetation along the rear of lots adjoining the north, south and west property lines of the site. STAFF RESPONSE: This condition has not been completely met. With the exception of areas approved for clearing and grading, natural vegetation has been left. The rear of lots abutting the north and west site perimeter have a 15 foot wide Native Growth Protection Easement (NGPE). An additional note must be added to the final map regarding clearing limitations in the NGPE. Appropriate language for the additional note is suggested in Section I, item 11 above. 4. Prior to final plat approval, lot number 59 shall be reconfigured to be located entirely outside of any required 100 foot wetland setback area. STAFF RESPONSE: This condition has been met. Lot 59 on the preliminary plat map has been renumbered lot 1 on the final plat map. Lot 1 on the final plat map is configured so that it is entirely outside the required 100 foot wetland setback. 5. Prior to final plat approval, all proposed usable open space shall be dedicated to the City as required by the Parks Director. As proposed, the applicant will construct tennis court facilities as approved by the Parks Director. As proposed, the applicant will erect a sign or monument regarding 'Old Military Road' as approved by the Parks Director. STAFF RESPONSE: This condition has not been met. The final plat map shows Tract A being dedicated to the City of Federal Way. The City is currently processing a Use Process I application to modify this condition of preliminary plat approval. The request is to replace the required tennis court with trees and an irrigated lawn area with a minimum dimension of 140' X 200'. The process I notice was published in the Federal Way News on September 30, 1996. The site has also been posted for the process I application. Comments on the process I application must be received by October 14, 1996. A written decision on the process I application will be issued by the Director of Community Development Services by October 28, 1996. If the Process I request is approved, appropriate 4 David Morrison October 4, 1996 bonding must be provided prior to approval of Division 1 to allow deferral of the park improvements. A statutory warranty deed for dedication of the park tract must be submitted prior to approval of Division 1. A proposal regarding the signage text, appearance, location , construction details, timing, etc. for Old Military Road must be submitted to the Parks Department for review and approval prior to approval of Division 1. 6. No general site clearing or grading shall occur on or within 25 feet of geologically hazardous areas located on lots 52, 53, 56, 57 and 59. Any building construction located within these sensitive areas or setbacks shall be by piling or pier type foundation construction as required by the Building Official, to minimize grading and disturbance within the geologically hazardous area. Upon completion, all disturbed areas shall be replanted as required by the Building Official. STAFF RESPONSE: This condition has not been met. You have requested to modify this condition to allow filling and grading on areas previously identified as geologically hazardous areas. See attached letter dated September 19, 1996 from Jim Harris to David Morrison regarding our response to your request to modify this condition. Additional information has been requested from you regarding the geologically hazardous areas, and request to modify this condition of preliminary plat approval. Additional information has been requested that may show steep slope areas were not accurately represented during the preliminary plat phase. Fill placed on lots 56, 57 and 59 for road construction will make home construction on these lots difficult. A comprehensive approach to site development on the constructed slopes and pre- existing slopes should be resolved prior to final plat approval. If the steep slope issue is not further addressed at this time, a note to .the effect of condition #7 below will be placed on the face of the plat map. 7. Individual homeowners for lots 52, 53, 56, 57 and 59 shall be responsible for providing the City with services of a quaked professional engineer for purposes of reviewing and inspecting pier or piling type residential construction located within geologically hazardous areas, as required by the Building Official. STAFF RESPONSE: This condition has not been met. See response to item 6 above. 5 David Morrison October 4, 1996 8. The developer shall be responsible for providing the City with services of a qualified professional engineerforpurposes of reviewing and inspecting any street or utility work located within geologically hazardous areas, as required by the Public Works Official. STAFF RESPONSE: This condition has been met through the construction phase of the project. 26th Avenue South and 25th Place South and associated utilities were constructed within small portions of geologically hazardous areas. The developer did provide the services of a testing laboratory for confirming compaction of roadway subbase and crushed rock courses during construction. 9. Due to potential erosion hazard and impacts to environmentally sensitive areas, clearing shall be limited only to the months of April through October. STAFF RESPONSE: This condition has been met. Site clearing and grading was generally limited to occur between April and October. When weather conditions were favorable, exceptions were approved to allow clearing and grading between October and April. 10. Retention/detention facilities used to control runoff from the site to off -site drainage courses shall be located in a surface water tract to be dedicated to the city at the time of final plat approval, as required by the Public Works Director, unless located within improved City of Federal Way rights -of -way. All retention/detention facilities shall be landscaped to provide a visual buffer from surrounding properties. A landscape plan shall be submitted for approval by the Director of Community Development Services prior to issuance of construction permits. STAFF RESPONSE: This condition has not been met. The final plat map shows Tract E being dedicated to the City of Federal Way for Stormwater Detention Facilities. Tract E includes the pre-existing artificial pond that is incorporated into the storm drainage system. Final inspection and approval of the surface water facility construction is required prior to approval of Division I. The Public Works inspector is developing a punch list regarding construction of all stormwater facilities. Final acceptance and dedication of the surface water system improvements in Tract E are to be deferred until final plat approval for Division 2, due to potential for on -site erosion and additional maintenance during development of Division 2. Note 12 on Sheet 5 of 7 shall be modified to reflect future dedication of the tract 9 David Morrison October 4, 1996 concurrent with Division 2 recording or upon request by the Public Works Director. An approved plan for buffering the storm drainage facilities is included as part of the approved wetland creation and enhancement plan. The predeveloped vegetation which served as a potential buffer on the northwesterly end of the detention pond was removed during construction of the pond. The removal of this vegetation was unauthorized, is in a wetland buffer, and provided visual buffering of the° stormwater facilities. Mitigation in the form of replanting will be required prior to approval of Division 1. A planting plan/wetland buffer restoration plan must be submitted to and approved by the Community Development Services Department, and implemented by you, prior to approval of Division I. 11. Prior to final plat approval, those portions of the surface water facilities necessary to retain/detain, convey, and treat the flows discharging from the site shall be constructed and operational. STAFF RESPONSE: This condition has not been met. The Surface Water Pond has been constructed. Seeding, mulching and repair of the biofiltration swale must still be completed and approved. Final acceptance from the Public Works Department for functionality and operation of all stormwater facilities must be granted prior to final plat approval for Division 1. The Public Works Department is developing a punch list of construction related items. 1?. A IS foot gravel access shall be provided along the entire length of each biofiltration Swale for maintenance as required by the Public Works Director. The biofiltration swale and gravel access shall be located in a surface water tract to be dedicated to the city prior to final plat approval. STAFF RESPONSE: This condition has not been fully met. See response in item 10 above. A 15 foot gravel access to the biofiltration swale serving the development has been constructed. Final approval from the Public Works Department is required for the entire storm drainage system prior to Division 1 final plat approval and release of any associated performance bonding for Division 1. 13. In some cases, on -site surface water infiltration systems may be suitable for use on individual lots depending on soil conditions. This type of system shall be used where suitable. To determine the suitability of the soil for infiltration systems, a soils report that includes percolation tests and a soil log taken at six foot minimum depth shall be submitted by a professional engineer, or soil specialist. David Morrison October 4, 1996 This shall include, at a minimum, information on soil texture, depth to seasonal high water, and the occurrence of mottling and impervious layers. The report shall also address potential down gradient impacts due to increased hydraulic loading on slopes and structures. If the soils report is approved, the infiltration systems shall be installed prior to occupancy of the residence. A note to this effect shall be placed on the face of the final plat map. The drainage plan and the final plat map shall indicate each lot approved for infiltration. `STAFF RESPONSE: This condition has not been completely met. A soils analysis was completed as part of the design work for the plat infrastructure. This analysis found the soils to be poor in infiltration potential. As such, positive storm drainage connections to the piped storm drainage system were provided for each lot. A note to that effect has been provided in the Final Plat drawings. However, the note must be revised as suggested in section I, item 9 of this memo. 14. Existing on -site surface water ponds shall be retained as part of the storm drainage system and shall be utilized as a one -cell wetpond for treatment of runoff prior to entering the detention facilities or biofiltration swale. Discharge into the pond shall be oriented to maximize the retention and settlement times of the water in the pond. The pond shall be located in a surface water drainage tract to be dedicated to the city prior to final plat approval, as required by the Public Works Director. STAFF RESPONSE: This condition has not been completely met. The existing on -site pond has been incorporated into the storm drainage system as a one -cell wet pond. Routing of the storm water has been designed to maximize the retention time and treatment effectiveness in the pond. The pond is located within Tract E along with the other associated storm drainage facilities. Field inspection and final approval by the Public Works Department is required and will be included in the punch list. See response to item 10 above regarding dedication and acceptance. Dedication of Tract E shall be deferred until final plat approval for Division 2. As such, Note 12 on sheet 5 of 7 shall be modified. 15. A geotechnical report shall be prepared by a licensed geotechnical engineer to address recommended designs for proposed roadways. The report shall detail soil and groundwater conditions. Recommendations to ensure integrity of future roadways shall be subject to review and approval by the Public Works Director. :3 STAFF RESPONSE: This condition has been met. Pavement Design Recommendations, a report by GeoTech Consultants, Inc., was prepared on May 8, 1995 for the proposed street improvements in the plat. This report provided detailed soil and groundwater conditions. Further pavement design for Military Road South was provided by 7aegar Engineering in April, 1996 with review and final approval by the Public Works Director. 16. A temporary paved turn -around will be constructed at the westerly end of 25th Place South in accordance with Section 2.07 of the King County Road Standards. Sidewalks shall be constructed to extend through the temporary turn -around area. Temporary easements shall be provided and shall be placed on the face of the final plat as required by the Public Works Director. STAFF RESPONSE: This condition has not been completely met. The temporary cul-de-sac has been paved. The extension of sidewalks through the temporary cul- de-sac are not necessary at this time. A written request to amend the approved design to delete the sidewalks through the cul-de-sac must be submitted for review and formal approval, prior to approval of Division 1. This will more easily accommodate the future extension of the roadway and elimination of the temporary pavement areas of the turn -around. The temporary easements are to be shown on the Final Plat drawing. 17. A 10-foot utility easement shall be provided along the front of all lots and tracts located adjacent to the proposed street rights -of -way as required by the Public Works Director. STAFF RESPONSE: This condition has not been completely met. This 10-foot utility easement has been accommodated by Easement Provisions and Reservations note on sheet 7• of 7 of the Final Plat drawings. 1$. Applicant is required to construct Military Road South to a 3 lane configuration with curb, gutter, sidewalk and bike lanes on both sides of Military Road. STAFF RESPONSE: This condition has not been met. In 1994 and 1996, the applicants requested modifications to requirements along Military Road South. Specifically, the requests were to reduce the width of sidewalk along the west side of Military Road, eliminate the landscape median within the left-hand turning lane, eliminate the bicycle path, curb, gutter, six -foot -wide landscape strip and eight -foot -wide sidewalk along the east side of Military Road and widen the easterly side of Military Road an additional five feet to create a shoulder. Pursuant to Resolution 92-122 (Resolution granting Preliminary Plat approval), minor modifications may be granted subject to Use Process I procedures. After issuing public notification, and considering all information related to the request, the City issued a decision on May 24, 1996. The City granted modifications 0J David Morrison October 4, 1996 related to improvements along the east side of Military Road only. As such, Military Road will be constructed to include 3 lanes of travel, a bike path, vertical curb, gutter, and concrete sidewalk on the west side only, and asphalt wedge curb and eight -foot -wide asphalt shoulder along the east side (to provide for pedestrian and bicycle circulation) . Construction of the east portion of the roadway, the final pavement overlay, and striping for the lanes and bike path have not been completed. This condition must be completed prior to final plat approval by the City Council. III. SEPA CONDITIONS: 1. All development activities shall be designed and constructed in accordance with recommendations and conclusions contained in the 'Report of Geotechnical Investigation', dated June 19, 1990 and prepared by Geotechnical Services for the proposed development, as required by the Public Works Director and Building Official. Supplemental geotechnical analysis and recommendations may be required by the Public Works Director or Building Official for development activities located within sensitive areas. STAFF RESPONSE: This condition has not been met. The subdivision improvements were developed in accordance with geo-technical recommendations. The Public Works Department approved engineered plans for construction of the subdivision improvements. Field verification of completion of the recommendations must still occur, and will be included in the punch list. 2. The Public Works Director may require that trees, shrubs and groundcover be retained within clearing, grading and construction limits except where necessary for installation of approved improvements, or may require replacement of vegetation in disturbed areas until future home construction occurs. STAFF RESPONSE: This condition has not been met. A clearing limits plan and erosion control plan were designed by a licensed engineer and approved by the City Public Works Department. As stated in a September 20, 1996 letter to David Morrison, ESC measures and facilities must be installed, functioning and maintained throughout the life of the construction. Additionally, the letter cited action which must be taken immediately to address the issue of erosion. The items in the September 20, 1996 letter must be implemented in order to meet this condition. 10 David Morrison October 4, 1996 3. Lot 59 shall be reconfigured to be located outside of the 100 foot setback of adjacent wetland areas, or an easement shall be recorded against the lot to preclude homeowner use and development of all lot area located within the required 100 foot setback, prior to recording of the final plat. STAFF RESPONSE: This condition has been met. Lot 59 on the preliminary plat map has been renumbered Lot 1 on the final plat map. Lot 1 is configured to meet SEPA mitigation measure #3, as the lot is located outside the 100 foot wetland setback. 4. A final wetland mitigation plan shall be approved by the Director of Community Development prior to beginning any onsite construction work associated with the subdivision. The plan shall include the following information: a. Mitigation Plan including the following elements: 1) Environmental goals and objectives, including public access and buffer measures. 2) Performance standards. 3) Detailed construction plans. 4) Timing. 5) Monitoring program for a minimum of five years. 6) Contingency plan. 7) Performance bonding in an amount of 120 percent of the costs of implementing each of the above elements. b. Mitigation shall be designed to improve the functions and values of impacted wetland and setback areas, and shall include the following minimum replacement ratios for each acre impacted: 1) For forested wetlands with at least 20 percent of the surface area covered by woody vegetation greater than 20 feet in height, the replacement ratio shall be a minimum of 3:1. 2) For scrub -shrub wetlands with at least 30 percent of its surface covered by woody vegetation less than 20 feet in height as the uppermost strata, the replacement ratio shall be 2:1. 3) For emergent wetlands with at least 30 percent of 'the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata, the replacement ratio shall be 1.5:1. 11 David Morrison October 4, 1996 4) The replacement ratio for all other wetlands shall be 1.25:1. STAFF RESPONSE: This condition has not been completely met. See additional staff comments under sub items 4(c) and 4(d) below. A wetland mitigation, creation and enhancement plan was approved by the City prior to issuance of final construction plans for the subdivision improvements. The wetland mitigation, creation and enhancement plan meets the requirements of SEPA mitigation measure 4 (a & b). c. All required wetland mitigation improvements, except monitoring, shall be completed and accepted by the Director of Community Development prior to submitting the final plat for final approval. In any event, all mitigation work shall be completed within six months from the time wetland or wetland setback areas are initially disturbed through related subdivision construction activity. STAFF RESPONSE: This condition has not been met. As of October 2, 1996, you have not submitted to the City a wetland as -built report. Upon submittal of the wetland as -built, the City will review the document for compliance with the approved plan. d. The applicant shall pay for services of a qualified professional selected and retained by the City to review the wetland mitigation plan and other relevant information, conduct periodic inspections through the construction phase, issue a written report to the Director of Community Development stating the project complies with requirements of the mitigation plan, and to conduct and report to the Director on the status of the monitoring program. STAFF RESPONSE: To date, this condition has been met. The applicant has paid for the services of the City's consulting wetland biologist to this date. Further billing will be required when the wetland as -built and restoration plans are submitted and reviewed. S. Prior to final plat approval, the applicant shall construct downstream drainage improvements identified in the "Preliminary Drainage Analysis " dated December 20, 1991 and prepared by Jaeger Engineering for the site, as required by the Public Works Director. In lieu of constructing these improvements, prior to final plat approval and at the discretion of the Public Works Director, the applicant may pay $60, 696.00 as their pro-rata contribution towards implementation of these improvements. STAFF RESPONSE: This condition has not been met. The developer has selected to pay the pro-rata contribution towards design and construction of the 12 David Morrison October 4, 1996 downstream drainage improvements. The amount to be paid by the developer prior to approval of the Division 1 final plat is $60,696. A partial contribution based on the ratio of lots in Division 1 to the number of lots in the entire subdivision is not recommended since Division 2 development area has been logged, resulting in an increase in runoff from Division 2 at this time. 6. All homes located within this subdivision shall be properly sound insulated to achieve a level of 45 Ldn within general habitable space and 40 Ldn within bedrooms, consistent with the Uniform Building Code and other regulations, as required by the Building Official. STAFF RESPONSE: This condition will be implemented during permitting and construction of homes. The condition has been met by note #6 on sheet 5 of 7 on the final plat. 7. Any development within designated open space areas shall be designed and constructed, as required by the Director of Community Development, to protect and enhance wildlife habitat to the maximum extent feasible. This effort may include but is not limited to revegetation and restoration of disturbed areas, retention and/or replacement of significant vegetation, and use of vegetation or other features which provide habitat for native wildlife species. STAFF RESPONSE: This condition has not been met. Prior to site construction, an approved wetland mitigation, creation and enhancement plan was approved by the City of Federal Way. See response under SEPA item 4(c) above, field verification of the wetland planting has not been conducted. An as -built of the wetland creation mitigation and enhancement plan has not been submitted for City review. The area north of the storm water pond was to be retained as native vegetation and was significantly disturbed and graded during site development. A restoration plan must be developed and submitted for review for all unauthorized clearing. Implementation of restoration must occur prior to final approval of Division 1. In order to assure the future integrity of the wetlands and wetland buffers, note #11 on sheet 5 of 7 on the final plat shall be amended as follows: "Tracts C, D, and F are environmentally sensitive areas and are permanent open space tracts. The tracts are set aside and reserved for permanent open space for the benefit of present and future owners of lots in this subdivision. 13 David Morrison October 4, 1996 No building shall be constructed or located in tracts C, D, or F and such tracts shall not be further subdivided or used for financial gain. Any vegetation removal, maintenance or other activity in tracts C, D, or F requires the prior approval of the City of Federal Way Community Development Services Department." S. Beyond required frontage improvements, the applicant shall construct Military Road South widened to 4 lanes with provisions for bicycles, sidewalks, signal modifications, illumination, street trees, and property acquisition from I-5 to South 288th Street, as required by the Public Works Director prior to final plat approval. In lieu of constructing these improvements, prior to final plat approval and at the discretion of the Public Works Director, the applicant may pay $11, 600 as their pro-rata contribution towards implementation of these improvements. STAFF RESPONSE: This condition has not been met. The developer has selected to pay a pro-rata contribution in lieu of constructing street improvements beyond the frontage of the site. The amount to be paid for Division 1 is $5,452.00 which is 47 percent of the $11,600. This contribution is based on a ratio of the 52 lots in Division 1 to the total of 111 lots in the approved preliminary plat. 9. Prior to final plat approval, Military Road South shall be paved from the north and south termini of the required right-of-way improvements abutting the site with tapers to match into the existing pavement improvements. The tapers shall be provided as approved by the Public Works Director. STAFF RESPONSE: This condition has been met with the exception of construction approval. Tapers to Military Road South as shown on the design plans and approved by the Public Works Department have been provided on both the north and south ends of the required street improvements for Division 1 to match into the existing pavement improvements. Tapers for Division 2 will be provided in conjunction with that Division's development. 10. Prior to final plat approval, a north bound left turn lane on Military Road South at the intersection with South Star Lake Road shall be designed and constructed, as required by the Public Works Director. STAFF RESPONSE: This condition has not been met. A north bound left turn lane at the intersection of Military Road South and Star Lake Road has been designed to the approval of the Public Works Department. The final pavement 14 David Morrison October 4, 1996 overlay and striping for the lane has still to be completed prior to release of any associated performance bonding and City Council approval of the final plat for Division 1. 11. Prior to final plat approval, the applicant shall coordinate with the City and King County the modification of the signals at South 288th Street and South 272nd Street, respectively, through adjustments in timing and phasing to mitigate the LOS F operations of the intersections, as required by the Public Works Director. STAFF RESPONSE: The developer has installed conduit along the site's frontage on Military Road South to provide for future signal interconnect between S. 288th Street and S. 272nd Street. The future interconnect will assist in timing and phasing between the signals to improve the level of service at each intersection. 12. Prior to final plat approval, the applicant shall design and construct a traffic island and signage at the intersection of South 284th Street/ Military Road South, to route westbound traffic from South 284th Street right only onto Military Road South, as required by the Public Works Director. STAFF RESPONSE: This condition will be implemented with approval of Division 2. A traffic island and signage at the east side intersection of existing South 284th Street and Military Road South has been designed to the approval of the Public Works Department. Since these facilities coincide with the development under Division 2 of the internal plat road of S. 284th Street at its intersection of Military Road South, construction of the island and signage have been deferred to completion of Division 2. 13. Prior to final plat approval, the applicant shall prepare and submit for approval and recording a Transportation Management Plan (TMP) that is acceptable to METRO and the City of Federal Way Public Works Director. STAFF RESPONSE: This condition has not been met. A TMP is intended to encourage reduction in traffic generation through the use of car pooling, subsidizing use of buses, and other means. The site is served by Metro along Military Road South. Also, the widening of Military Road South serves, in part, as mitigation for the anticipated traffic increase from the plat. The applicant has not completed a TMP or provided the City with documentation verifying that METRO has been contacted. 14. A minimum ten foot wide paved or concrete pedestrian path shall be constructed from 23rd Court South to 22nd Avenue South prior to final plat approval, as 15 David Morrison October 4, 1996 IV. 1. 2. SUMMARY required by the Public general public use by mechanism. Works Director. The entire path shall be provided for means of dedication, easement or other acceptable STAFF RESPONSE: This condition has not been met. The pathway to be located in Tract B has not been constructed, and must be completed prior to approval of Division 1. OTHER COM MNTS Please address comments in attached memorandum from Lakehaven Utility District dated September 26, 1996. Provide letters of water and sewer acceptance from Lakehaven Utility District. Please submit three copies of all requested documents including a revised final plat map with the requested changes at your earliest convenience in order for the City to further review the application. All changes and revisions must be made on full plan sheets and documents, addendums are not acceptable for revisions. This correspondence is being returned to you at this time so that you may continue to finalize your final plat application. Should you have any questions, please call Jim Harris at (206) 661-4019 regarding planning issues, or Gary Barnett, Senior Development Engineer and Stephen Clifton, Development Services Manager at 661-4109 and 661-4196 respectively regarding Public Works issues. Encl: 1) Red Line Final Plat Map 2) Public Works Final Plat Review Checklist 3) September 19, 1996 letter to David Morrison from Jim Harris 4) September 26, 1996 memorandum from Lakehaven Utility District to Jim Harris 5) Address list dated September 26, 1996 from Ken Cornwall to Jim Harris C! Stephen Clifton, Public Works Development Services Manager Gary Barnett, Senior Development Engineer Jim Jaeger, Jaeger Engineering, 9419 S. 204th Place, Kent, WA 98031 LAPRMSYS\DOCUMENT\SUB92 00.05\PW100296.DOC LB STEWART TITLE COMPANY OF WASHINGTON, INC. 1201 Third Avenue, Suite 3800 Seattle, Washington 98101 Senior Title Officer, Mike Sharkey Title Officer, Diana L. Cardenas Unit No. 12 FAX Number 206-343-1330 Telephone Number 206-343-1327 Parklane Ventures 31620 23rd Avenue, Suite 320 Federal Way, Washington 98003 Attention: David Morrison FOURTH REPORT PLAT CERTIFICATE SCHEDULE A GENTLEMEN: Order No. 298165 CERTIFICATE FOR FILING PROPOSED PLAT Ref. No. Heritage Woods In the matter of the plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of King County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that according to said records the title to the following described land: As on Schedule A, pages 2 through 4, inclusive, attached. IS VESTED IN:� PARKLANE VENTURES, INC., a Washington corporation ` SUBJECT TO THE FOLLOWING EXCEPTIONS: Sol As on Schedule B, attached hereto. OF QID�� ',1 Fr�ti` p1A1 CHARGE: $200.00 TAX: 16.40 TOTAL CHARGE: $216.40 RECORDS EXAMINED TO: January 29, 1997 at 8:00 a.m. STEWART TITLE COMPANY OF WASHINGTON, INC. Mike Sharkey Senior Title Offa.Cer Unit No. 12 Order No. 298165 PLAT CERTIFICATE SCHEDULE A Page 2 In the matter of the plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of King County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that according to said records the title to the following described land: PARCEL A: That portion of the northwest quarter of the southeast quarter of Section 33, Township 22 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: Beginning at the northwest corner of said northwest quarter of the southeast quarter of Section 33, said point of beginning being further described as being the center of said Section 33; thence south 88023141" east along the north line of said subdivision, 1183.23 feet to the northwesterly margin of the "New" Military Road, as established by deed recorded March 15, 1939 under King County Recording Number 3035989; thence along the said margin the following three courses and distances: South 35022132" west 1505.88 feet; south 88018151/, east, 24.04 feet; south 35022132" west, 78.12 feet to the south line of said northwest quarter of the southeast quarter of Section 33; thence north 88018151" west along said south line, 314.29 feet to the southwest corner of said northwest quarter of the southeast quarter; thence north 01003143" east along the west line of said subdivision 1316.39 feet to the TRUE POINT OF BEGINNING; EXCEPT that portion of the south 65.00 feet of the northwest quarter of the southeast quarter of said Section 33, lying between the "Old" and "New" Military Roads; AND EXCEPT portion lying within "Old" Military road, also known as John Rice County Road No. 127 as established on June 24, 1884; TOGETHER WITH the south 15 feet of the east 82.5 feet of the northeast quarter of the southwest quarter of said Section 33; AND TOGETHER WITH that portion of vacated "Old" Military Road, also known as John Rice County Road No. 127 and also known as Holst Road, vacated by King County Ordinance Number 3055, recorded under King County Recording Number 7702140525, more particularly described as follows: All that portion of "Old" Military Road, also known as John Rice County Road No. 127, lying southerly of the north line of the northwest quarter of the southeast quarter of said Section 33, lying northerly of the south 65 feet of said subdivision. (legal description continued) Order No. 298165 PLAT CERTIFICATE SCHEDULE A Page 3 LEGAL DESCRIPTION, continued: PARCEL B: The east 412.5 feet of the northeast quarter of the southwest quarter of Section 33, Township 22 North, Range 4 East, W.M., in King County, Washington; EXCEPT the south 15 feet of the east 82.5 feet of said subdivision; ALSO EXCEPT that portion if any lying within the plats of Laurelwood North No. 3 and Laurelwood North No. 4, according to the plat thereof recorded in Volume 83 of Plats, page 59 and Volume 87 of Plats, page 8, respectively. PARCEL C: That portion of the southwest quarter of the northeast quarter of Section 33, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the southwest corner of said subdivision; thence north 53034104/1 east 773.45 feet; thence south 58042116/1 east 654.03 feet; thence south 44015144/1 west 207.55 feet to the south line of said subdivision; thence on said south line north 88023141/1 west 1036.71 feet to the point of beginning; EXCEPT that portion thereof lying within the following described parcel: Commencing at the southwest corner of said northeast quarter; thence north 53034104/1 east 773.45 feet; thence south 58042116/1 east 654.03 feet; thence south 44015144/1 west 134.87 feet to the TRUE POINT OF BEGINNING; thence continuing south 44015144/1 west, a distance of 72.68 feet to the south line of said northeast quarter; thence along said south line north 88023141/1 west, a distance of 350 feet; thence north 44015144/1 east, a distance of 240 feet; thence southeasterly to the TRUE POINT OF BEGINNING; (ALSO KNOWN AS a portion of Lot 6, Redondo Heights, according to the unrecorded plat thereof). (legal description continued) Order No. 298165 PLAT CERTIFICATE SCHEDULE A Page 4 LEGAL DESCRIPTION, continued: PARCEL D: That portion of the southwest quarter of the northeast quarter of Section 33, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the southeast corner of said subdivision; thence north 88023141/1 west along south line thereof 204.34 feet; thence north 44015144/1 east 294.70 feet; thence south 01010112/1 east along east line of said subdivision 216.74 feet to the point of beginning, Redondo Heights, unrecorded, Lot 5A; EXCEPT that portion thereof lying within Military Road South; (ALSO KNOWN AS Lot 5A; EXCEPT County road, Redondo Heights, according to the unrecorded plat thereof). PARCEL E. That portion of the southwest quarter of the northeast quarter of Section 33, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the southwest corner of said northeast quarter; thence north 53034104/1 east 773.45 feet; thence south 58042116/1 east 654.03 feet; thence south 44015144/1 west 134.87 feet to the TRUE POINT OF BEGINNING; thence continuing south 44015144/1 west, a distance of 72.68 feet to the south line of said northeast quarter; thence along said south line north 88023/41/1 west, a distance of 350 feet; thence north 44015144/1 east, a distance of 240 feet; thence southeasterly to the TRUE POINT OF BEGINNING; (ALSO KNOWN AS a portion of Lot 6, Redondo Heights, according to the unrecorded plat thereof). END OF LEGAL DESCRIPTION STEWART TITLE GUARANTY COMPANY PLAT CERTIFICATE Schedule B Order No. 298165 GENERAL EXCEPTIONS: 1. Rights of claims of parties in possession not shown by the public records. 2. Public or private 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. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 8. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. B. SPECIAL EXCEPTIONS: As on Schedule B, attached. PLAT CERTIFICATE SCHEDULE B Page 2 SPECIAL EXCEPTIONS: Order No. 298165 1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: The Pacific Telephone and Telegraph Company PURPOSE: Right to erect and maintain poles, wire and fixtures appurtenant to electric power transmission line or lines AREA AFFECTED: As now located or to be constructed over a portion of said Parcel A RECORDED: April 15, 1924 and August 4, 1924 RECORDING NUMBERS: 1857062 and 1901219, respectively 2. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Puget Sound Power & Light Company, a Washington corporation PURPOSE: Electric transmission and/or distribution lines together with all necessary or convenient appurtenances thereto AREA AFFECTED: A right-of-way 5 feet in width as now staked or constructed over, across and upon the southeasterly 150 feet of Parcels C, D, E and other property RECORDED: RECORDING NUMBER: October 24, 1975 7510240520 3. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Puget Sound Power & Light Company, a Washington corporation PURPOSE: An underground electric distribution system AREA AFFECTED: The centerline of Grantee's facilities as constructed or to be constructed, extended or relocated, lying within the above described property (continued) DATED: RECORDED: RECORDING NUMBER: PLAT CERTIFICATE SCHEDULE B Page 3 August 31, 1996 August 2, 1996 9608020828 Order No. 298165 4. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Washington Natural Gas Company, US West Telephone Company, and TCI Television Cable Company PURPOSE: Utilities AREA AFFECTED: A Right -of -Way 10 feet in width having 5 feet of such width on each side of a centerline described as follows: The centerline of Grantee's facilities as constructed or to be constructed, extended or relocated, lying within the above described property RECORDED: RECORDING NUMBER: August 2, 1996 9608020829 5. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY AND BETWEEN: Federal Way Water and Sewer, King County, a municipal corporation; and Parklane Ventures Ltd. DATED: January 25, 1993 RECORDED: February 3, 1993 RECORDING NUMBER: 9302031231 REGARDING: Developer extension agreement for sewer and water service Said Agreement was modified and/or amended by instruments recorded under Recording Numbers 9311290247 and 9510040430. 6. RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RAILROAD COMPANY: Reserving and excepting from said lands so much or such portions thereof as are or may be mineral lands or contain coal or iron, and also the use and the right and title to the use of such surface ground as may be necessary for mining operations and the right of access to such reserved and excepted mineral lands, including lands containing coal or iron, for the purpose of exploring, developing and working the same. (continued) Order No. 298165 PLAT CERTIFICATE SCHEDULE B Page 4 RECORDING NUMBER: 209726 and 286278 NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved. AFFECTS: Parcels A and B 7. Reservation of all coal, oil, gas and mineral rights, and rights to explore for the same contained in deed from Weyerhaeuser Timber Co., a Washington corporation. RECORDED: RECORDING NUMBER: AFFECTS: March 12, 1926 2151966 Parcels C, D and E NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved. 8. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: RECORDED: July 8, 1938 RECORDING NUMBER: 3003158 GRANTEE: County of King, State of Washington AFFECTS: Portion of Parcels C and D adjoining Military Road South 9. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: RECORDED: March 15, 1939 RECORDING NUMBER: 3035989 GRANTEE: County of King, State of Washington AFFECTS: Portion of Parcel A adjoining 10. 10.NOTICE AND THE TERMS AND CONDITIONS THEREOF: MADE BY: Federal Way Water and Sewer District DATED: April 6, 1989 RECORDED: May 12, 1989 RECORDING NUMBER: 8905120210 REGARDING: Notice of Additional Water or Sewer Facility Tap or Connection Charge (continued) Order No. 298165 PLAT CERTIFICATE SCHEDULE B Page 5 11. LICENSE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY AND BETWEEN: City of Federal Way and Parklane Ventures, Inc. DATED: August 1, 1995 RECORDED: November 3, 1995 RECORDING NUMBER: 9511030734 12. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE ON FEBRUARY 15TH: YEAR: AMOUNT: TAX ACCOUNT NUMBER: LEVY CODE: AFFECTS: 1997 NOT YET AVAILABLE 332204-9026-02 1205 Parcel A CURRENT ASSESSED VALUE: Land: $465,000.00 Improvements: $ 0.00 NOTE: General taxes for 1996 in the sum of $7,144.08 have been paid. NOTE: Special taxes for 1996 in the sum of $1.25 have been paid. 13. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE ON FEBRUARY 15TH: YEAR: AMOUNT: TAX ACCOUNT NUMBER: LEVY CODE: AFFECTS: 1997 NOT YET AVAILABLE 332204-9016-04 1205 Parcel B CURRENT ASSESSED VALUE: Land: $387,000.00 Improvements: $ 0.00 NOTE: General taxes for 1996 in the sum of $5,945.72 have been paid. NOTE: Special taxes for 1996 in the sum of $1.25 have been paid. ( continued) Order No. 298165 PLAT CERTIFICATE SCHEDULE B Page 6 14. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE ON FEBRUARY 15TH: YEAR: AMOUNT: TAX ACCOUNT NUMBER: LEVY CODE: AFFECTS: 1997 NOT YET AVAILABLE 720480-0030-06 1198 Parcel C CURRENT ASSESSED VALUE: Land: $141,000.00 Improvements: $ 0.00 NOTE: General taxes for 1996 in the sum of $2,166.27 have been paid. NOTE: Special taxes for 1996 in the sum of $1.25 have been paid. 15. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE ON FEBRUARY 15TH: YEAR: AMOUNT: TAX ACCOUNT NUMBER: LEVY CODE: AFFECTS: 1997 NOT YET AVAILABLE 720480-0035-01 1198 Parcel D CURRENT ASSESSED VALUE: Land: $10,000.00 Improvements: $ 0.00 NOTE: General taxes for 1996 in the sum of $153.64 have been paid. NOTE: Special taxes for 1996 in the sum of $1.25 have been paid. 16. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE ON FEBRUARY 15TH: YEAR: AMOUNT: TAX ACCOUNT NUMBER: LEVY CODE: AFFECTS: CURRENT ASSESSED VALUE 1997 NOT YET AVAILABLE 720480-0031-05 1198 Parcel E Land: $69,000.00 Improvements: $ 0.00 NOTE: General taxes for 1996 in the sum of $1,060.09 have been paid. NOTE: Special taxes for 1996 in the sum of $75.46 have been paid. (continued) Order No. 298165 PLAT CERTIFICATE SCHEDULE B Page 7 17. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Parklane Ventures, Inc., a Washington corporation TRUSTEE: Chicago Title Insurance Company, a corporation BENEFICIARY: Kohl Excavating, Inc., Profit Sharing Plan and Trust, a Washington trust, and Geneva Development, Inc., a Washington corporation AMOUNT: $830,500.00 DATED: June 30, 1993 RECORDED: June 30, 1993 RECORDING NUMBER: 9306301752 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, BY SUCCESSIVE ASSIGNMENTS: ASSIGNEE: Kohl Excavating, Inc., Profit Sharing Plan and Trust, a Washington trust DATED: October 7, 1993 RECORDED: October 13, 1993 RECORDING NUMBER: 9310130578 NOTE: SUBORDINATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY AGREEMENT DATED: RECORDED: RECORDING NUMBER: October 25, 19 October 27, 1995 9510271018 The above Deed of Trust was made subordinate to the Deed of Trust recorded under Recording Number 9510271017. Said Deed of Trust has been partially reconveyed by document recorded under Recording Number 9512151603. (continued) Order No. 298165 PLAT CERTIFICATE SCHEDULE B Page 8 18. DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING WITH ASSIGNMENT OF LEASES AND RENTS AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Parklane Ventures, Inc— a Washington corporation TRUSTEE: Rainier Credit Company BENEFICIARY: Seattle -First National Bank, a national banking association AMOUNT: $2,354,131.00 DATED: September 13, 1995 RECORDED: October 27, 1995 RECORDING NUMBER: 9510271017 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. NOTE 1: A survey of the herein described property was recorded under King County Recording Number 9505229005, a copy of which is hereto attached. AFFECTS: Parcels C, D and E END OF SCHEDULE B Title to this property was examined by: Mike Sharkey Any inquiries should be directed to one of the title officers set forth in Schedule A. XX/jll/3228K report of GEOTECHNICAL INVESTIGATION for EMERALD PARK prepared for PARKLAN E VENTURES, INC. _J June 19, 1990 Mr. -Robert G. Flitton Parklane Ventures, Inc. 31620 23rd Avenue S., Suite 120 Federal Way, Washington 98003 Re: Emerald Park Dear Mr. Flitton: Enclosed are eight copies of your Report of Geotechnical Investigation on the proposed Emerald Park project. The general scope of ,services was outlined in my April 30 proposal to you. Your authorization was by letter of May 8. In briefest summary, backhoe test pits were dug at scattered locations over the project area and favorable soil conditions were found at almost all locations. For purposes of developing conclusions and general recommendations, knowledge of precise test locations is not necessary. For the benefit of readers of this report and to prevent its misuse, I shall briefly describe the limitations of accuracy of information on the enclosed Boundary and Topographic Survey. Dryco Survey and Mapping, Inc., established two dozen or more ground control points, many of which were found and identified in the course of geotechnical exploration. Test locations were measured or approximated from control points or from apparent property corners. The only site plan available at the time of exploration was a -1:200 Schematic Site Plan I dated March 3, 1990, and prepared by Stepan & Associates. It did not show any control points because those had not yet been established at the time of Stepan's work. Control points were shown on a 1:100 worksheet prepared by Dryco.. I transferred key control points from the worksheet to the Schematic Plan by photographic enlargement. Certain inaccuracy is inherent in such a transfer process and there is also potential for some error in assuming that hubs have not been tampered with and that "apparent corners" are correct corners. The above explanation is offered to caution against using test pit information for improper purposes, such as scaling off locations for design application to specific structures without follow-up verification of soil continuity. The individual test pits typically measured one to two yards wide by five to seven JAMES EATON, PE (206)682-6942 *A# #T* ., GEOTECHNICAL SERVICES Box 126 - Hobart, WA 98025 Mr. Robert G..Flitton Page 2 June 19, 1990 Yards long. For purposes of legibility,. the pit symbols are shown larger.- In most cases, the actual test pits probably fall within the symbol area on the enclosed survey; in some cases -they may not, though any such error. would not be so great as to alter the sub -stance of the -report. Please distribute or use these eight copies-as:you wish. I have enjoyed 'the opportunity. to be of service on this project and look forward to assisting you and your design and construction team through completion. Yours very tru , J es E. Ea n, P. 02-1851 8 i-dentical enclosures JEE/mer/8 INTRODUCTION As of the date of this report, the project known as "Emerald Park" is defined by the boundary lines shown on page 13. It is understood that different parts of the enclosed area are under various stages of purchase or ownership, but that any "final" configuration will closely resemble that shown. The internal roads and lot lines which appear on Schematic Site Plan I by Stepan & Associates are not shown because they will almost certainly be revised in the design process. Page 13 was actually prepared from a June 8, 1990, Boundary and Topographic Survey by Dryco Survey and Mapping, Inc. Permanent access is expected to be off of Military Road South and 26th Avenue S., which would have to be extended. As depicted, Emerald Park contains approximately 45 acres. I� An existing artificial pond and a natural swamp are significant features and _ are shown on page 13. Very roughly, 80 to 90 percent of the remaining area is 1 moderately to densely wooded. The unwooded portion consists of a grass and weed meadow within the southernmost one-third of the area. Vacated Old Military Road transects the property as shown. A school building and associated improvements once occupied part of the site, although the exact location is not known. Elevation differential across the site is about 180 feet. The most significant drainage channel is a creek, judged to be intermittent, which enters the site through a culvert in the vicinity of test location 15 and which feeds the artificial pond and exits in the vicinity of test location 5. 1 Following a period of rain, about one foot deep of water had ponded in the J vicinity of test location 24, as shown, from a geotechnical point of view, this is not a bog or wetland and is of no particular significance. Both during and following intense rain, no surface water was observed in the swale _ roughly defined by locations 7 and 20. Topography is important because it dictates the grading plan which must be 4� plotted early in the design process. Major cuts and fills are anticipated and, presumably, these would be balanced after all spoils have been removed. Cutting and filling would not be limited to roads and public areas. �] Schematic Site Plan I shows 168 single-family lots. Likely, any final plat will reflect that approximate number though, for reasons explained herein, there is good reason to include both single- and multiple -family units. One or more stormwater retention facilities will be needed although no determination has been made as to whether that will be underground or above or whether the swamp or existing pond might be included in any such system. - If the existing pond is not used for stormwater retention, it is yet undertermined whether it will be preserved. 1 "1 SCOPE, USE, AND LIMITATIONS The purpose and breadth of the investigation represented by this report was addressed by written proposal to Mr. Flitton of Parklane Ventures, Inc., dated April 30, 1990. Development is in a conceptual stage as of the time of this � investigation and, therefore, the initial use of the report will be in general feasibility evaluation and in the rating of soil suitability for various construction purposes. It is anticipated that the report will be included as a supporting document in permit applications and that it will be used in part or as a supporting document in any environmental study. It will have minor use in determining site layout and in the grading plan. More specifically, it will define the significance of development within the areas of or proximate to the swamp and the pond. It will provide a basis for estimating spoil quantity. , .� Recommendations are as specific as warranted by the preliminary stage of design and knowledge of the subsurface conditions. For most applications of the recommendations, the only subsequent or follow-up services needed will be in the form of confirmation of assumed conditions by visual inspection of r� excavations, bearing surfaces, and construction procedures. The nature of geotechnical engineering is such that evidence of compliance and proper workmanship is concealed by subsequent construction work. The undersigned, d/b/a Geotechnical Services, cannot and will not assume responsibility for completed construction work which is at variance with plans, specifications, good construction practices, or the recommendations of this report. Structures not now anticipated or those which impose unique or questionable demands on a knowledge of the subgrade may require case -by -case scrutiny. One area in which a high degree of follow-up will be required is in the l quality control of fill placement and compaction. For reasons explained in the proposal, no effort was made to seek out or test for hazardous materials or restrictive unnatural materials. What, if any, such efforts may be required in the future is yet unknown, but would utilize the services of a qualified specialist. The only express or implied warranty carried by this report is that the professional efforts were applied conscientiously, in good faith, and to recognized standards of care as known and practiced by the engineering community of this locality at this time. As in any geotechnical investigation, it is only through assumptions of i uniformity and natural orderliness that information gathered at random test j locations is developed into conclusions and recommendations. To whatever extent anomalous or unexpected conditions may exist, the conclusions and recommendations would be affected accordingly. Insomuch as test locations are hundreds of feet apart, application of this report to specific plat locations must incorporate a high degree of good judgment and common sense. Attention is called to letter of transmittal accompanying this -report, ,and to the discussion therein of test location procedure and limits of accuracy of same. I SUBSURFACE CONDITIONS As used here, "subsurface" includes soil, free water within the soil, and relevant at -surface features, including groundcover, the pond, and the swamp. 'INVESTIGATIVE PROCEDURE i Soils deeper than a very few yards relative to present and/or post -development grades are of little more than academic relevance to the project. Therefore, the most useful information came from direct examination of freshly excavated soils in 24 backhoe test pits. The approximate locations of those are shown on page 13. The greatest depth explored was 151 ft. The holes were dug with a Kobelco 907 LC II on June 4 and 5, 1990. During the time the pit was open, observations were made about visible groundwater presence and horizontal continuity. Measurements were made of the depths to stratigraphic changes and groundwater. Summaries of all test pit observations and measurements are presented on pages 14 to 19. In some cases, natural or artificial surface exposures provided indications of subsurface conditions at locations other than those shown on page 13. This provides evidence of continuity along the sidecuts of both Old and New Military Roads and those along the service road to the Water District -property near location 7. Similarly, useful information from hand probings were obtained at other i potentially critical locations which could not be effectively explored by backhoe. Specifically, those areas include the perimeters of both the pond and the swamp, the interior of the area of standing water near location 24, and the axes of several swales. These areas were seen to represent potential !, depositional environments for soft sediment or bog soil and were probed to determine whether highly adverse or restrictive -conditions existed. Results of the probings are discussed in following paragraphs. As a matter of routine on any investigation of this type; reference is made to technical publications which draw on deep_ water wells, regional surface mapping, and long-term efforts of field geologists, usually in some branch of government service. The publication most applicable to Emerald Park is State Water Supply Bulletin No. 28, Geology and Ground -Water Resources of South- western King County, Washington. GLACIAL AND PRE -GLACIAL DEPOSITS Bedrock in the vicinity probably consists of sandstone of the Puget Group, but because it is at lease several hundred feet below the surface and beyond the depth of known water wells, little is known about it. State Geologic Map GM-12, Thickness of Unconsolidated Sediments, Puget Lowland, Washington suggests that bedrock depth may be in the order of 1,200 feet. Similarly, much, if not most, of the thickness of unconsolidated sediments above the bedrock is also deep and not well documented. WSB 28 classifies these deeper soils simply as "Pre-Vashon drift, undifferentiated". 3 All 24 test pits terminated in glacial materials left toward the end of a series of ice advances ending more than 10,000 years ago. The glacial deposits consist of two basic types. The stratigraphically deepest is glacial till, a mixture of sand, silt, and gravel as is exposed along the sidecut of Military Road South. The other glacial type is basically granular; it varies from clean sand to sandy gravel. WSB 28 describes it as "recessional outwash". when viewed in relationship to larger adjacent areas, the site straddles the axis of a southwest -northeast plunging ridge approximately centered along a line connecting test locations 22 and 1. The recessional outwash, i.e., the sand and gravel, appears to be confined to the northwest flank and the nose of the ridge roughly as sketched. NW SE Sand & Gravel f Glacial Till In very rough terms, the sand and gravel are confined to the combined area represented by test locations 5, 2, 3, 7, and 8. Location one may also be included, but the thick fill presence prevented sufficiently deep exploration to be definitive. RECENT SUPERFICIAL SOILS These are of three types: topsoil together with plant matter, fill, and bog deposits. Topsoil was derived by loosening and decomposition of underlying material under atmospheric and botanical processes. Because the processes are most severe at and very near the surface, the transition between parent soil and topsoil is gradational. Topsoil thickness varies considerably from point to point for several reasons: 1) in general, it is thinner on steep slopes where it is subject to gradual losses to erosion and ravelling; 2) it tends to be thicker in swales and flatter areas below slopes where displaced materials accumulate; 3) large ancient trees can account for very local softening to greater -than -surrounding depth; and 4) the site has been logged at least once and associated with this and other past uses, surface soils have been displaced. For stripping purposes, the average topsoil thickness based on 23 measured locations is 0.97 ft. The term "swamp", rather than "wetland", is used herein because "wetland" has legal and permit meanings unrelated to any geotechnical concept. The wetland boundary will be defined by others and that boundary will not likely coincide with water's edge or bog -soil edge. The swamp appears to be a - natural feature, although the degree to which it may have been raised, lowered, or altered by past peripheral construction and development cannot be readily determined. Insomuch as the swamp is unlikely to be developed, no effort was made to explore the poorly accessible interior areas. Probings made within the swamp, but generally less than 50 feet from the edge, suggest that soft sediment over broad areas is in the range of 4 to 5 feet thick. The maximum thickness noted was 7 feet. Of significance is the fact that peat, organic silt, or other highly restrictive soil types do not appear to be present any significant distance outside of the water body. 4 I Except for the labeled swamp area, no other bog deposits were noted. Test locations 4, 5, 17, 20, and 24 were chosen because of their proximity to swales or areas of poor surface drainage where adverse soil types might reasonably be expected. Probings made around the west, south, and east edges of the artificial pond indicate no significant soft sediment there. No effort was made to probe the interior of the pond or the area adjacent to the occupied residence there. The most significant fill found is that represented by the test pit number r one. It appears that most, if not all, of the area between the swamp and Star Lake Road consists of highly variable fill. Schematic Site Plan 1 shows this area as undeveloped and, therefore, that fill is not considered relevant at this time. A small earth dam is located at the northwest end of the pond. What if any other filling or incidental grading may have been done in association with the pond or nearby occupied buildings is unknown. •1 Partly as an outgrowth of dumping restrictions at local landfills, illegal dumping of construction rubble, and of broken concrete in particular, has greatly increased in the past year or two. Some such deposits were found on and adjacent to the site, but to date these are isolated and of very minor quantity. In recognition that the site was once occupied by a school, incidental fills, modified areas, underground structures and the like are to be expected in association with buildings and other improvements. It is possible that significant human -related problem areas may remain concealed within areas of J dense vegetation. GROUNDWATER By common usage, "groundwater" is water which, because of saturated presence and permeability, would flow or seep into an excavation or well. Ten of the twenty-four pits encountered groundwater, and it is probable that others might have shown groundwater presence over a long observation period. Within area underlain by glacial till, groundwater exists only at sporadic locations and only in minor quantity. It is often seasonal or intermittent. Typically, till is an impervious hardpan, or near hardpan, at depths greater than one -to -two yards below natural grade. That component of precipitation which soaks into the soil tends to collect on the impervious surface. Such shallow perched water accounts for most of the observations described on pages 14 to 19. Documented water wells within glacial till are usually hand -dug and of very low production. Supply often comes from the hardpan surface and sometimes by minor internal aquifers which are subject to depletion. A second category of groundwater is that which is adjacent to and fed by bodies of surface water. Examples include locations 4 and 5; number 17 is not in this category. Drilled wells draw from deeper aquifers which are either outside of or, in the majority of cases, stratigraphically beneath the till. A number of major producing aquifers are believed to underly the site. Records and logs for about 70 wells are recorded in WSB 28 for the surrounding mile or so of the project site. Many of those are low -yielding, shallow -dug wells. A few are more than 300 feet deep and, in general, those which draw from beneath till or inferred till are high yielding. 5 It can reasonably -be inferred that groundwater accumulates above the interface r� between the sand and gravel -,and the glacial till depicted on page 4. However, because that surface was -not explored, and will not likely be excavated, except possibly along the s:outheas.terly edge, the prospect does not appear to be relevant to the purposes of this .report. J 'j j j j - 6 CONCLUSIONS AND RECOMMENDATIONS Except for the presence of the swamp, there is nothing of an unfavorable nature which makes the site different from the average site of comparable size and terrain. Glacial till, -the dominant soil type here, is the most common —� soil type in the Puget Sound area. To the degree that the swamp and topsoil presence are adverse conditions, they are and have always been .known conditions. As part of the cutting and filling procedure, topsoil and related unsuitables will be stripped from both cut and fill areas. Disposal of the considerable volume of spoils generated by stripping will be a formidable task. Partially out of environmental considerations, governmental policies and public acceptance are increasingly favoring "contained" grading plans. One way that might be accomplished would be to include multi -family units to free up open areas or public space where excess topsoil could be used. Glacial till is a highly moisture -sensitive soil. This means that it can be effectively compacted only within a narrow range of moisture. If excavated or ` subjected to direct construction traffic under overly moist conditions, sponging, rutting, or mudding will occur. The recessional sand and sand - gravel mixtures are far less moisture sensitive although they occupy perhaps only 15 to 20 percent of the site. As a practical matter, the sensitivity of the till will dictate that primary earthwork can be accomplished only during the dry season. No such restriction would apply to construction of residences or to other incidental activities not requiring placement of onsite structural fill. CLEARING AND STRIPPING The grading plan will be used by surveyors in flagging limits of clearing. By graphic designation, the grading plan should show cut areas, areas of fill 1 less than 5 feet thick, and areas of more than 5 feet thick of fill. Trees } will be removed, and root systems together with incidental vegetation will be pushed into windrows by use of a dozer with a clearing blade. The plant matter and topsoil to an average thickness of about 1 foot will be transported by self -loading earth movers or dump trucks to some permanent location. Stripping must be to such depth that all organic matter and wet soil is eliminated from cut areas and areas to be filled are sufficiently firm to support "ordinary" foundation loads. In locations where compacted fill is to be thin, the stripped surface, in effect, becomes the bearing surface. The reason for plotting the 0-5-foot thickness zone is that this is a particularly critical part of the fill. Any surface boulders or rocks larger than 8 inches in diameter need be wasted. The presence and/or extent of any remnant foundations, slabs, underground tanks or human -related features is unknown over heavily vegetated areas and will be evaluated as encountered. 7 EROSION CONTROL In the absence of any type of protection, there would be high potential for erosion between the times that stripping begins and post construction slopes become revegetated. Seasonal limitations dictated by the moisture sensitivity of the soil will make it highly unlikely that erosion will be a problem during the few weeks that primary grading is in progress. Nevertheless, containment, filtration, and sedimentation provisions are recommended both for the duration of earthwork and for a period thereafter. Terrain is ideally suited to erosion and sedimentation management. Most, if l not all, runoff can and should be directed to the pond or the swamp. The pond, if used, would be much like temporary containment and sedimentation features on similar projects, except that it would be much larger and, therefore, more effective with respect to turbidity of outfall. Here, pre - containment filtration could be provided or not, depending on whether the pond is to be a permanent feature. In the case of the swamp, permanency is certain and provisions must be made to minimize introduction of sediment. This will be accomplished first by passage through a filtration fence. Glacial till or other well -graded, onsite soil types would be superior to commonly used drainrock as fabric ballast and would be most effective if the ballast were placed in the configuration of a fillet at least 1 foot high as shown. Fabric On -site Borrow Post & Wire Fence Slopeshow .�'�: Second, the fabric filtered runoff will be directed into one or more sedimentation cells at or near the edge of the swamp. The great volume of the swamp assures that offsite sedimentation will be essentially nonexistent and that offsite turbidity will be less than for the average project of comparable size and soil. In the event that there are incidental areas of runoff which cannot be practically routed toward the pond or the swamp, simple filtration as illustrated is advised. CUT AND FILL SLOPE INCLINATIONS For the reason that it is not possible to artificially compact glacial till to its original density or strength, cut slopes tend to be stable at steeper inclines than fill slopes. The roadcut along Military Road South is steeper than 1:1 (H to V) for much of its length and is stable at that configuration. Likewise, artificial cuts through the recessional sand and gravelly sand in the general area north and northeast of location 7 are at and, in some places, steeper than 1:1. these slopes also appear to be stable, although at angles steeper than 1:1 these types of materials are prone to sloughage and raveling. 0 Unless there is a compelling reason for making steeper cuts, 1:1 is recommended as a maximum sideslope along roadways and for other unretained locations. Any exception to this would be judged on the circumstances of the situation; hardpan presence, use of rockeries or other surface protection, need for vegetative cover, and maintenance considerations would be taken into account. "Safe" inclinations of fill depend on the degree of compaction. By common placement procedures, sideslopes of compacted fills to a depth of several feet are poorly compacted in comparison to deeper lifts and flat areas. Therefore, prudent slope angles are dictated more by near -surface conditions than by the degree of compaction for the fill mass as a whole. Two -to -one is commonly used as a designed maximum slope of compacted fills though the term "compacted" remains undefined at this point. The 2:1 figure is recommended here with an exception allowed where placement procedure assures that the surfaces are not inferior to the fill mass of which it is part; in those situations 11:1 would be permissible. One way i,n which surface quality could be maintained would be by overfilling, then removing the inferior surface. FILL PLACEMENT AND COMPACTION At the time the grading plan is being implemented, individual lots will not be staked and there will likely be few control points to tell the excavating contractor and individual equipment operators where roadways are located. Therefore, it will be impractical to have different specifications or standards for fills which will ultimately support houses, public roads, driveways, or nothing more than grass. The recommendations herein -are intended to equal or exceed those which can reasonably be expected to be imposed by various agencies and individuals who will have design, administra- tive, financial, or ownership interests in any fill -supported improvements. The following principles and facts are fundamental to the quality of fill placement: 1. It is impossible to verify or measure quality of fill after it is placed. That can only be accomplished by inspection as the work is in progress. 2. Documentation of inspection and fill quality will be required by and for various agencies and purposes. In many cases, inspection records must bear the name and stamp of a licensed engineer. 3. Effective compaction can be achieved only if the borrow is at the proper moisture content., 4. Effective compaction can be achieved only by repeatedly rolling individual lifts or layers with a machine appropriate for the soil type. Depending on the size and type of equipment used, 6-to-8-inch thick lifts are commonly used maximums. "Packing" under dozer tracks will not achieve the degree of density required here. 5. The borrow used must be free of organics or objectionable material of any type. Rocks or bulky objects greater than the lift thickness must be excluded. Full-time inspection throughout grading and compaction is imperative. For both professional and legal reasons, engagement of the services of the undersigned engineer, d/b/a Geotechnical Services, is recommended for inspec- tion and quality control. The recommended degree of densification is 95 percent as defined by ASTM D1557, or to the satisfaction of the undersigned where the latter standard shall preempt the former. ROADWAY SUBGRADES Specific paving design recommendations are not given here because many of the design parameters are either unknown or outside the geotechnical-specialty. In recognition of many variables and uncertainties of paving design, govern- mental jurisdictions have,adopted local standards. In part because the City of Federal Way is expected to have permanent responsibility for the roads of this project, this report assumes that municipal standards will be applied. By complying with the recommendations of this report, subgrades in both cut and fill areas would qualify as "good to excellent", as that classification, also known as S-1, is used by the Asphalt Paving Association of Washington. $-1 soils have CBR values in the range of 20 to 80, and those of the cuts and fills of this project would fall in the higher end of the range. UNDERGROUND UTILITIES These are of geotechnical interest in two regards. The first is worker safety. Local, state, and federal regulations related to trenching, shoring, sidesloping, and bracing are well known within the construction trades, and those regulations are strictly enforced. This report assumes that guidelines will be followed. Compaction of backfill in a confined space, such as a utility trench, is difficult to achieve and difficult to measure. Obviously, where backfills exist beneath streets or improvements of any type, it is necessary that these materials be of comparable quality to adjacent soils; where adjacent soil is fill, the same degree of compaction applies to backfill as to the surrounding fill. For a variety of practical reasons, inspection of, responsibility for, and contractual arrangements related to utility fills are customarily handled separately from other earthwork. Often testing and inspection are by or for the public agency which will have responsibility for the roads; often too, responsibility for quality control services is with the utility contractor. Bonds are often used to provide incentive for quality workmanship on the part of the contractor and to make repairs in the event of shortcomings. Unless conditions exist which are significantly different from those at test locations, all utilities on,individual lots will be through very ordinary soil and standard, good construction practices will be appropriate. Note the earlier comment about improvements being constructed over fill. POND AND DAM If the pond is not to be preserved, the dam, together with any other displaced or disturbed soil associated with pond construction and any sediment within the pond, must be considered as unsuitable materials. If the pond is to be filled, it must be drained and stripped of unsuitables in the same manner as other areas to be stripped. 10 If the pond is to remain, the most important issue is safety of the dam. Presumably the dam was not designed to current standards or constructed under documented inspection. Even though the feature may have been well con- structed, any undocumented fill is technically uncontrolled fill and cannot be -� assumed to have continuity. Safety could be enhanced in a variety of ways short of demolition and reconstruction. One way would be to place a slurry i wall along the dam's axis; this would be notched into undisturbed soil. This issue will be discussed with the civil engineering firm for the project. STORMWATER RETENTION Much of the page 8 discussion of construction -related runoff is applicable to the permanent condition. With two obvious potential ponding features on the site, and in recognition that any other retention facility might be -i underground, no recommendations are offered at this time for dam design and or construction. Should the need for a new dam arise and its location and height be determined, additional recommendations will be offered. Even if additional volume is required, location along the swamp perimeter has obvious advantages. The cellular concept mentioned in association with erosion control could be incorporated into a permanent improvement. j BUILDING FOUNDATIONS, DRAINS, AND SLABS Subject to compliance with the recommendations of this report and to the conditions and qualifications discussed herein, ground conditions will be excellent for foundation support in both cut and fill areas per the grading plan. Those ungraded areas, almost all of which are believed to be underlain by glacial till or recessional sand or sand -gravel mixture, are also favorable and will require nominal stripping to expose suitable bearing soil. Conventional spread footings sized to building code requirements or to 2,000 psf maximum soil bearing are recommended for residences in those areas which are underlain by inspected fill, by cuts or by stripped native soil. In all areas, including those in which fill inspection records are available at the f time of house construction, it will be necessary to again inspect the staked -� foundation location before any concrete is poured. There is potential on any construction site for innocent or accidental damage to be caused to the subgrade; such damage in a very local condition can best be recognized by a trained specialist. For the most part, bearing surfaces in the cut areas will consist of extremely hard soil. Foundations in those areas could support much { heavier foundation loads, although there would probably be no cost advantage 4 to taking advantage of the higher soil strength. These areas are also subject to minor risk of damage or local discontinuity. In connection with the issue of construction -related damage and discontinuity is the matter of abandoned or existing foundations, basements, excavations, fi-lls, fuel tanks and the like which might be encountered. The greatest risk of those will be in areas which are neither cut nor fill. Significance of any such structure or condition will have to be assessed at the time of discovery. The inclusion of footing drains on all homes is recommended. Whether slab - on -grade or wood floors above grade, inverts for the drains should be approximately one foot or more below the elevation of the adjacent crawl surface or slab. In accordance with usual good construction practice, the a drains should have positive gradients-,- ample height 'of permeable,backfill, for the specific application, -and.,, proper filtering with respect to- backfill and J surroundi-ng soi-1 The glacial' till and _any fill created from it is.poor draining and prone'to ca,pi-llarity. Therefore, interior slabs which are poured over it should . include a plastic membrane:'and a four -to -six inch granular layer beneath. James Eaton June 19, 1990 N. �- �:�tTo �Y 0 E' 11917 '' At J J v I 1 1 1 l :1 I I ,a EMERALD PARK 10 _N BOUNDARY & TOPOGRAPHIC soD � s TAKEN FROM DRYCC PRELIM SHEET ,! 22 + �� 1 � - 12�■ • DENOTES _ VACq�~�� J _ r 3 T�sr Per ' Al) - v rr + r ti 2n I.4 r 1 r - r I(� 14- A r � rr r rrr • + I r- r �� ` �• rf J ,, f '! f r r rr ` 1 .'��r Ala I 1 r f r • I / I ''+ ' `'-. I C� 1 ; �'> _ i. S.WAUP.- J APRs]%!MATENORTH LOCADON ---4000m-- cp SEE TEXT . i� . -. _ ;,.►+r '. y• SCALE IN FEET �� r � x '�• �- `: � GARAGE/ 3 1> a ,ao soo JD0 log a i V ti '- 16, `ti ° or ��P V TEST PIT LOGS #1 0' - Highly variable fill containing silty gravelly sand, chunks of concrete and asphaltic cement, organic matter, wire rope, brick fragments, drywall scrap. 9.8' - Dark brown organic topsoil'. 10.9' - Brown silty gravelly F-C sand. 15.5' - Completed and backfilled June 4, 1990-; groundwater at 13.5-feet. 0, - Duff and organic topsoil (thickness varies from 0.1:to 1.5 within.pit area).. 0.7' Medium brown silty gravelly sand with roots (medium dense) . 2.8` Light to medium brown sandy'gravel`w'ith silt (very dense)-._ 11.5' - Completed and backfilled June 4, 1990; no groundwater encountered. #3 0' - Duff and organic topsoil. 0.3' - Brown sandy silty gravel with roots (medium to very dense). 3' - 5' - (varies) Medium brown F-M sand (dense)., 12.3' - Completed and backfilled June 4, 1990; groundwater seepage from 11.8 feet. #4 C' - Dark brown organic topsoil. 1.9' - Medium brown sandy gravelly silt (medium to stiff). 3' - 6' - (varies) Light to medium brown sandy gravelly silt (hardpan).- 9.5' _ Completed and backfilled June'4, 1990; Groundwater seepage from 3' and below (this is at and below elevation of adjacent swamp). 14 #5 #6 #7 #8 0' - Dark -brown organic topsoil. 1.5' - Medium brown sandy gravelly silt (medium stiff to hard.). 4.6' - Medium brown Ao gray..sandy silty gravel (very dense). IV - Completed. -and backfilled June 4,. 1-990; Groundwater seepage from 073' (at and below elevation -of adjacent swamp). A Duff and organic topsoil with roots. 1.0 - Medium brown gravelly silty sand with roots (medium dense). 3.3' Light to medium brown sandy gravel with silt and cobbles and boulders -up to 12 inches (very dense). 9.5' - Completed and backfill,e'd June 4, 1990 grou-ndwater seepage from 3 to 3-.5 feet. 'Si Duff and organic topsoil. 0_ 6' - Medium brown silty gravelly sand with fine to medium roots to 1 5' (medium dense). 5.8' - Gray gravelly sand with silt -(hardpan). 9.5' - Completed -and backfi.11ed June 4, 1990-; no groundwater encountered. 0' - Several surface boulders to 4' diameter (in vicinity) Duff and organic topsoil, 0.8' - Medium brown sandy loam with roots (soft/loose to medium). 3.2' - Medium brown sandy, pea gravel with minor silt (very dense).. 11.4' - Completed and backfil:led June 4,"1990; no groundwater encountered. 15 #9 0' - Duff and organic topsoil. 9.0' - Medium brown sandy -silt with gravel and. roots (medium stiff):. - 4.0'- - Gray gravelly silty sand. (hardpan). 9.4' - Completed and backfilled June 4, 1990; no groundwater encountered. #10 Q' - - Duff and organic topsoil. 0.3' - Medium brown silty sand with gravel, and-cobblesflo.ose to - medium dense). 4' 6'. - (varies) Gray gravelly'silty sand (very dense-), 11' - Completed and backfilled June 4, 1990; no groundwater encountered. #11 0' - Duff and organic topsoil. 0.9' Med-i um brown sandy- si 1 t w:ith gravel (medium to stiff } . 4.2' - Gray sandy silt with gravel (hardpan). 11.6' - Completed and backfilled June 4,'1990 -trace of groundwater.at 4.2 feet: #12 0' - Duff`and sli:ghtly'organi-c topsoil. 1.1' - Brown silty sand with gravel (medium dense). 3.9' - Gray sand with gravel (hardpan). 9.5' - Completed and backfilled June 4,-.1990; no groundwater encountered. 16 #13 # 1-4 #15 W16 l•' Duff and organic topsoil 0.9' Medium, brown sandy silt with :gravel :(loose. to medium dense). 4.0' - Gray silty sand and sandy- silt with 'gra_vel (hardpan). 9.7' - "Completed and backfilled June 4,"1990; no groundwater encountered. 701 Duff and organic topsoil. 1.2' - Medium brown,silty sand and -sandy silt with gravel (medium devise/medium stiff).. 4.2' - Gray silty sand and sandy silt with gravel (.very dense,/hard).. 9' - Completed and backfilled June 4, 1990; no groundwater encountered. 711 Duff and organic topsoil. 0.6' - Brown`sandy silt with -gravel and firm roots" (soft to stiff). 3.6' Tan sandy,silt with -gravel (hardpan). 9.1_',- Completed and.backfilled-June 5, 1990; .no groundwater encountered. 0' Duff and topsoil. , 0:8' - Medium brown sandy silt with gravel and roots (soft to medium stiff). 3.5' - Tan sandy silt with gravel (hardpan)-. 7.;0' - Brown F-M sand (very dense). 12.4' - Compl'eted'and backfilled June 5, 1990; no groundwater encountered.. 17 #17 0' - Dark brown to dark gray organic silt. 3.0' - Variable brown.to_ tan silty gravelly sand and sandy silty :gravel -(very dense to hardpan). 11.7' - Completed and backfilled June 5,,1990; fl ood.ing from surface, seepage from 0 -to 3. feet; no groundwater below 3'. .- Duff and organic topsoil. 0.4' - Med..i um brown loam w:i th roots (medium stiff) . 3.3' - Medium brown,F-M sand with gravel (very dense). 9.5' Completed and backfilled June 5,,.1990; no.groundwater encountered. #19 0' - Duff and organic topsoil. 0.8' - Brown si-1ty, gravelly sand with- occasional. roots (medi:um dense) 2.5' - 4' (varies) Tan to brown silty gravelly sand (very dense). Comp_l eted and' backfi_l l ed J-une 5, 1990; ,,:no groundwater encountered,. #20 0' - Duff and organic topsoil. 1.61 - Brown sandy loam with roots (medium stiff). 4.7' - Brown gravelly sand with silty (very -dense): 10.4' - Completed and backfilled June 5, 1990; no groundwater encountered. - 11 #21 0' - Duff and organic topsoil-. 0.6' Medium brown silty sand with gravel and .roots (medium dense): 3.4' Light brown s i 1 ty;,gravelly sand' (=hardpan) . 8.5' - Completed.and- backfil'led June 5, 1990; slight groundwater seepage from 3 to 31 feet. #22 0' - Duff and-org.anic topsoil. 0.8' - Medium brown silty sand with gravel (medium dense). 4.1' - Light brown -silty sand with gravel (very.'dense to hardpan) 8.5' - Completed and backfi-lled June 5, 1990-; moisture presence"observed 4 to 5 feet. #23 0' Duff and organic topsoil." 0.41 Brown silty sand with gravel (medium -dense).. 3' -'4-' - (varies) Brown to gray-ssilty sand with gravel (hardpan). 8.8' - Completed and backfilled.Ju.ne 5; 1990; slight groundwater -seepage from 3 to 4 feet; #24 0' - Duff and organic silt. 1.2' - Brown sandy gravelly,- salt (me.dium.stiff): 3' - 4' - (varies) Tan to gray silty ,gravelly sand and sandy gravelly silt (very dense/hard). 9.7' - Completed and backfilled June 5, 1990; groundwater seepage from 3 to 7 'feet. 19 DEL MORAL & ASSOcwm CERTIFIED ECOLOGICAL CONSULTANTS ti _ 2002 42ND AVE,,L'E EAST SEATTLE, WASFaNG T ON 98112 (206) 323-7106 AS -BUILT DOCUMENTATION } WETLAND CREATION AND BUFFER ENHANCEMENT: HERITAGE WOODS, FEDERAL WAY, WASHINGTON Prepared by: Dr. Roger del Moral, C.S.E. Signed: &�_ del Moral & Associates 2002 42nd Avenue East Seattle, Washington 98112 Phone: (206) 323-7106 FAX: (206) 328-9050 Prepared for: Mr. David Morrison ParkLane Ventures, Inc. 31620 - 23rd Ave. South Federal Way, Washington 98003 D er 9, 1996 `�i1 kAf DEC 18 1998 ID O CI iY c.: FEDfi:�Al YVAy BUILDING GEjif Introduction This report summarizes the plantings undertaken at the Heritage Woods site in order to develop compensatory wetlands and restore buffers. Owing to the protracted and complex planting history,, necessary mid -course corrections, additional advice and requirements from the City, and unexpected hydrological conditions, the numbers and specie's of plants installed do not always correspond with the original plan. The City has also indicated that certain areas will not be counted as part of the wetland creation plan. This report includes two planting plans (W-1 & W-2) that show the proposed and accomplished wetland areas and buffer areas and the proposed and actual numbers of plants installed. The number of plants installed and surviving to this date in each area are shown in this report. The report is organized as follows: The METHODS section describes how monitoring plots were established, or in the case sites where significant mortality or latter plantings occurred, will be established. This section also describes how plants will be measured, and where photos will behave been taken. Two RESULTS sections are included: one for creation and one for buffer enhancement. Each is organized by site to include these sub -sections: Description as stated in the approved report of October 23, 1995; description of necessary modifications and planting history of the site; summary table of the approved plants (species and numbers), and the total number of plants (by species) surviving. This last number may include individuals planted at two or more episodes and does not include plants installed that appeared to be dead during as -built and monitoring. I note that some of the plants considered dead in June, 1996, had recovered and were growing in October, 1996. The CONCLUSIONS indicates the summary of areas of wetland created compared to the approved plan, summarizes by species the numbers approved compared to the numbers installed, and makes recommendations for further maintenance and hydrology modifications to improve the success of the project. Methods On June 11, 1996, I performed an as -built investigation and initial monitoring for the Heritage Woods Project (Report to ParkLane, June 13,1996). Subsequently (September 19, 1996), I proposed additional plantings to replace losses noted in June, to bring the plan up to approved numbers, and compensate for conditions that differed from planned. These new materials were installed in October. On November 8, after field discussions with City Staff, further recommendations were made. These included the addition of Douglas fir to the detention buffer and various other minor additions. These were inspected in mid - November. This report documents the establishment of permanent plots, records the number of plants installed, compares the installations to the specifications from October 23, 1995, from my memo of April 5, 1996, and recommendations dated September 19 and November 8, 1996. In each of the planted areas I counted all individuals that were planted. I note whether or not the plants were alive or dead (or nearly so). These results are reported in tables and shown on planting Plan W 2. Where appropriate, I established permanent plots as follows: 1. Permanent plots,12 by 50 ft in Creation Area 1 and 25 by 50 ft. DEA-1, marked by four stakes; 2. Three permanent plots 30 by 50 ft in Buffer III and two permanent plots in Buffer IV, marked by stakes on either end of the plot; 3. Two permanent plots, 30 by 50 ft on the slopes of the detention, near Creation Area 1. All plants within the plots were tagged and the height of these plants measured. Additional .monitoring plots will be established during March, 1997, for the following sites. Wetland creation areas A-4, A-5, A-7 and A-8. A-4 did not appear in June to have sufficient hydrology to merit detailed monitoring. However, this assumption has proven false. A-5 had not been constructed. A-7 had not been property graded. A-8 had sigma cant failure in June due to unforeseen upland hydrology modifications and intensive grazing by geese. The hydrology condition has been corrected and plants replaced. Herbs less attractive to geese have been installed. In A-4, the monitoring plot will be 25 by 50 ft in size. Plants will not be tagged and simple, rather than paired statistics will be used. In A-5 two 20 by 30 plots will be established. In A-7, all plants will be measured and no plot established. In A-8, two plots will be established. The first, in the shrubs will be 20 by 50 ft and the second, in the herbs, will be 20 by 30 ft. Each will be centered in the plantings. In June, 1996, I also counted all individuals in A-4. The soil will be tested by auger in each wetland area during the March monitoring to determine the extent of saturation. Results —Wetlands The project was to provide a total of 22,825 s.f. of replacement wetlands and to repair vegetation within 100 ft of existing wetlands. Credit of 11,806 s.f. was allowed for the existing pond. Due to unforeseen complete filling of WL-E, an additional 2,178 s.f. of replacement is required (under a 2:1 replacement ratio), bringing the total to 23,003 s.f. WL-E is being restored in place, not replaced, so a 1:1 ratio is suggested. Due to unforeseen clearing within the buffer of off -site Wetland C, slopes of the constructed detention pond also required enhancement that was not included in the original mitigation plan. Table I is a revised form of Table 1 that was prepared and approved in the October 23, 1995, Wetland Mitigation Plan. TABLE 1. Summary of impacted wetlands and buffers. (Revisions from Original Report, bold) Location WETLAND A WETLAND D WETLAND D WETLAND E WETLAND L BUFFER AREA A BUFFER AREA B BUFFER AREA C and AREA D BUFFER AREA E DETENTION POND Area Ratio (acre) Needed acres s.f. General Mitigation 0.11 1.9:1 0.210 9,148 Trees, shrubs, herbs patches 0.005 2:1 0.010 436 Trees & shrubs. 0.02 Enhancement with shrubs & herbs 0.05 2:1 0.10 4,356 Trees, shrubs, ferns (see above) 0.25 2.1 : 1 0.525 22,869 Trees, shrubs, herbs 0.03 1:1 Trees, shrubs, ferns 0.03 1:1 Trees, shrubs, ferns 0.26 1:1 Trees, shrubs, ferns 0.06 1:1 Trees, shrubs, ferns 0.45 1:1 Trees, shrubs Total Wetland Replacement Area needed: 36,809 S. f. Pond Mitigation Credit (From Table 2, Oct. 23,1995, report): (11,806 s. f.) Total Wetland Creation Area now required: 25,003 s. f. All created wetland areas that deviated from the approved plan were flagged. The flagging was approved or modified by City's consultant on Dec. 3, 1996, and surveyed. Wetland Creation Area #1 As planned and approved AREA 1 (2,700 s.f.). This area occupies a north -facing slope. A 10 ft wide terrace will be created by filling along a 300 ft wide front to form a level area. The fill material will be underlain by a clay liner, and topped with top soil from other clearings in the vicinity. Hydrology will be augmented by collecting water from the biofiltration swale and detention pond, and releasing it along from a perforated pipe located along the top of this wetland. This site would be planted with sahnonberry and red -osier dogwood in depressions. This will result in generally increased site productivity. The existing vegetation is dominated by red alder, osoberry, and Himalayan blackberry. The latter will be removed. As - Built This wetland was designed to be installed on a terrace near the foot of a slope on the north side of the property. The plan was to leave most of the canopy intact and under plant. Because the detention pond required longer slopes, the overstory was removed and all ground cover stripped. New soil was imported. This has resulted in substantially more stressful conditions than were anticipated. The soil was moist near the bottom of the plantings and dry up higher. The location of the creation area was shifted north. The irrigation augmentation has not been installed. Table 2 summarizes the plantings for this creation area. The plantings were moderately successful in June, and there remained more plants than specified. However, in September, plantings were not successful, owing to competition from the grasses and lack of hydrology. In October, after meeting with the City, it was deemed that this site was unlikely to sustain wetland hydrology. However, additional plantings were recommended. In the event that the area fails as a wetland, it still is part of the restoration of the adjacent buffer. No additional plantings are recommended at this time. This site is not counted towards wetland creation areas. Therefore, the area along the lower slope should be considered additional buffer enhancement. Plants were measured in the permanent plot. Salmonberry averaged 15 inches (n=26). Table 2. Summary for Creation Area 1. 1 Species # Specified October 1995 # Living June 1996 # Planted October 1996 # Counted November 1996 Salmonberry 20 58 30 J 38 Red -twig dogwood 10 0 0 1 Lady fern 30 21 0 30 Willows 0 0 10 10 TOTALS 60 79 40 79 Wetland Creation Area DEA-1 As planned and approved AREA A (3,525 s.£). The DEA location should support a seasonal scrub -shrub wetland that will filter pollutants. In order to create adequate hydrology a flow shield will be installed to spread water from draining from WL-E, and wetland plants will be planted in slightly depressed holes. Shallow, horizontal channels will be dug to divert a portion of the flow onto this site. The channels will be lined with compacted clay. Other small depressions will be filled to reduce water loss. The 4 vegetation here consists primarily of facultative species. They will be augmented by willows, salmonberry, and lady fern, species capable of growing under the seasonally wet conditions to be created. As - Built Considerably more clearing around this wetland has occurred due to road construction. This has resulted in disruption of the original water source. Remedial action has been effected. A single permanent plot was established. The gully now has been filled in and stabilized. Water has been provided despite the unplanned disruption of Wetland E. The total area of the site was surveyed as 2,744 s.£, slightly smaller than planned. Table 3 summarizes the situation for this wetland area. No additional plantings are recommended for this wetland at this time. Within the permanent plot, the following sizes were determined in June: red cedars, 35 inches (n=5); willows, 26 inches (n=8); salmonberry, 24 inches (n=17); red -twig dogwood, 19 inches (n=1). Table 3. Summary for Creation Area DEA-1. I Species # Specified October 1995 # Living June 1996 # Planted October 1996 # Counted November 1996 Red cedar 10 7 5 16 Willows 30 8 30 37 Salmonberry 15 17 ? M 31 Red -twig dogwood 0 4 0 3 Lady fern 20 9 0 19 Sword fern 0 0 0 25 TOTALS 75 1 45 35 131 Wetland Creation Area 4 As planned and approved AREA 4 (7,750 s.f.). This area adjacent to the pond is moist, with red alder, salmonberry and horsetails. In does not require additional moisture to establish wetland hydrology. Red cedar and willows will be planted in slight depressions, with a root collar for each planted individual, to ensure that wetland conditions occur. Habitat diversity will be increased by these species. Because of the presence of alder, any wetland developing here will be a forested wetland. It will, however, be heterogeneous, with local areas dominated by willows. 5 As -Built Table 4 summarizes all the plants installed in this area, as no permanent plot was established. In March, 1997, plots will be established. No plots were established because it was not clear that hydrology was established. This area was not changed from the approved plan. As -built area is the same as the design area, 7,750 s.f. The plantings were located slightly above the intended location, but have survived well. Many plants dormant or stressed in June, not counted as living, have recovered. The plants measured were: red cedar, 37 inches (n=3); willows, 27 inches (n=44); and salmonberry, 20 inches (n=8). Table 4. Summary Creation Area 4. Species # Specified October 1995 # Living June 1996 # Planted October 1996 # Counted November 1996 Red cedar 10 3 7 17 Willows 30 44 0 30 Salmonberry 21 8 13 60 Lady fern 21 16 5 25 Western hemlock 0 0 0 2 Osoberry 0 0 0 3 Sword fern 0 0 0 4 TOTALS 82 1 68 25 141 This site now has over 60 more plants than specified. It will be important to provide a source of water from above so that this plantings will survive. Wetland Creation Area 5 As planned and approved AREA 5 (3000 s.Q. This wetland will occupy the Swale leading from WL-E and WL-A. Wetland hydrology will be achieved by minor excavations to spread the water draining from 'VVL-E over a broader area. Plants will be placed into over -excavated pits, with collars surrounding each plant to retain water. The channel excavations will be lined with clay to reduce infiltration and ensure that water reaches the plantings. This wetland will be created by planting willows, dogwood and salmonberry. As -Built This wetland creation was expanded significantly after the original WL-E was destroyed during road building activities. The wetland creation area is upstream of WL-DEAI and includes an area formerly within a buffer mitigation zone. Table 5 summarizes the proposed plantings and the counted plantings. 6 Table 5. Summary Creation Area 5: number counted in November, 1996 Species # Specified October 1995 # Living Lower # Living Central # Living Upper # Counted Nov. 1996 Western Hemlock 0 0 15 0 15 Willows 16 16 2 42 58 Sahnonberry 20 19 6 36 55 Lady fern 0 3 0 0 3 Red -twig dogwood 8 6 0 0 6 Snowberry 0 0 12 0 12 Red elderberry 0 0 5 0 5 TOTALS 44 44 17 78 154 The area covered by this wetland creation area is larger than planned. Jaeger surveyed an area 8,498 s.£, whereas the original plantings were for 3,000 s.f. Wetland hydrology for the central and lower portions has been established through the use of a swale conveying water from WL-7. Hydrology for the upper portion is sustained by water from the toe of the slope and, by another route, from WL-7. These flows are shown in the wetland planting plan. Wetland Creation Area 7 As planned and approved AREA 7 (1,475 s.f.). This site will be creased by placing a flow shield at the low point, near the road, to raise the water table about 6 inches. This will expand the area with wetland hydrology by at least the stated amount. Vine maple (FAC) and osoberry are common on the margins of this wetland. Willows will be planted in the, upper margins of this wetland, while lady fern and skunk cabbage will be planted along the boundaries of existing WL-F to augment its diversity. The created area is situated so as to be over 100 ft from lot lines. As -Built Initial plantings of skunk cabbage and ferns were successful, but subsequent erosion has left few plants intact. In October, 1996, the drainage was stabilized and additional plantings made. Subsequent plantin aced`skvord ferns instead of lady ferns. Excavations covered most of the he� ausly � lanted. The sword ferns were added in November. Surveyed area 52.5 s.f. 7 The created wetland appears to overlap existing wetland. However, the existing wetland was an eroded gully, with no plants. The area now is level and sustains wetland plants and hydrology. Also, it appears to me that the placement of survey flags was too conservative. Table 6. Summary Creation Area 7. Species # Specified October 1995 # Installed November 1996 Red cedar 0 2 Willows 15 11 Lady fern 20 F 20 Skunk cabbage 20 22 Sword fern 0 20 TOTALS 55 75 Wetland Creation Area 8 As planned and approved AREA 8 (4,375 s.f.). This area will be created by excavation adjacent to the pond. It will be planted in two zones: the deepest new area will be planted with slough sedge and small -fruited bulrushes. It is anticipated that cattails will invade any deeper areas. A scrub -shrub zone consisting of red -osier dogwood and willows will be planted in the shallower portions of Area 8. This portion will occupy 2,000 s.f. Emergent vegetation will occupy 2,375 s.f. The pond fluctuates slowly in response to rainfall and runoff. Summer water levels may be lower than the level of Area 8 in late summer. The level of Area 8 will be such that the deepest part will be 18 inches below the high water level of the pond, which is similar to the depth of the pond. It will slope gradually to the high water level, at which point the surrounding berm or road will act as a dam. It is anticipated that plantings will tolerate fluctuations within this range of variation, with emergent species planted lower and shrubs planted higher. Over time, the plants will expand or contract in response to the hydrology that develops. If the hydrology is found to be excessive during monitoring, remedial actions will be taken. The normal pond surface elevation during the wet season is 372.2 ft, while Area 8 is at 371.7 ft. It is possible that surface water from the pond that contains suspended sediments could flow into Area 8 and settle in the wetland creation area. In order to preclude this, a 12 inches high berm will be constructed between the pond and the wetland creation area. Only openings two ft. long each 20 ft will be g .constructed to maintain hydrology:' This berm is designs d to In-e\-,nt silt rrrigratiun from the pond to Area 8. As - Built The pond fringe was constructed extrernely tiN ell. Hydrology appears to have been r6established by disconnecting a (train to the pond. The berm and its openings are functioning as planned. Lack of hydrology caused- eonsiderable apparent inort.ality in.dogwoods, though some have recovered. This tact: was t ie rest 1lt. of water diversion in the uplands of the project. In early November. the water was restored and the pond has begun to fill. It is anticipated that hydrology «-ill be sustained, though the pond level may drop (luring the late summer. Canada geese grazed many of the herbs planted. I deemed it imprudent to attempt species identifications of the herbs in their grazed stage, but, most survivors were slough sedge. Some rushes «-ere planted and, several have survived. Additional plantings to restore the numbers were made in November, and are reflected in the November count. Summary of proposals and as-bullts is found in Table 7. I Table 7. Suni nary of installation for Creation Area 8. 1 SjJ('C.L('S # #r # Lh:iiig # # Counted Speeifi,ecl Plaided -hum, .Sj)(,ci./=erl Nouernber October 1996 1996 Oc/ohvr 1996 1995 1996 w 200� -- Willows r- 63 18 18 -„ - 1-I -- Red-twig dogwood 63 21 1 10 _� :100 _ 19 ;� l8 Herbs 360 not go (sedges/bulrushes) known TOTALS 486 -• H `? 10 511 Note that most of the Nvillows Nvere dormant: and that. Some appear to he volunteers. Note also that the number or herb species includes recovering individuals planted in spring, newly planted slough sedges and emergent FA(MV rn' OBL grarninoids that, have established naturally. It is not known exactly how many additional willows or herbs were planted. Also note that this area has been invaded by cottonwoods and that the berm and other bare areas have successful Mean size for 18 willows found in June was 21 inches. PF. Theexpected area was 4.375 sT. while the surveyed area is " most of the additional area is on the periphery that hay been colonized bN «etland herbs and willows. constructed to maintain hydrology. This berm is designed to prevent silt migration from the pond to Area 8. As - Built The pond fringe was constructed extremely well. Hydrology appears to have been reestab : hed by -di nnecting a drain to the pond. The berm and its openings are fury ionarng as planne Lack of hydrology caused considerable apparent mortality in dogwoods, though once have recovered. This lack was the result of water diversion in the uplands f the project. In early November, the water was restored and the pond has begun to fill. It is anticipated that .hydrology will be sustained, though the pond level may drop during the late summer. , Canada geese grazed many of the herbs planted. I d/jral t imprudent to attempt spe&es identifications of the herbs in their grazed smost survivors were slough sedge. Some rushes were planted and shave survived. Additional plantings to restore the ;numbers were made//mber, and are reflected in the November count. S y of proposaisraud as-builts is found in Table 7. Table 7. Sununary of installation for CreationArea 8. Species # # # # Counted Specified scanted XVLiving dune Specified November October 1996 1996 October 1996 1995 1996 `Willows 1 63 18 200 144 Red -twig dogwood 63 1 10 19 Herbs 360 no 90 300 348 (sedges/bulrushes) know TOTALS 486 -- 109 510 1 511 Note that most of volunteers. Note also individuals planted in sl OBL graminoids that h� additional willows or hit by cottonwoods ha Mean size for 18 willows were dor t and that some appear to be tl k the number of he\that cies includes recovering �g, newly planted sloughs and emergent FACW or ie established naturally. It known exactly how many bs were planted. Also notehis area has been invaded t the berm and other bare areas'*ave successful willow. found in June was 27 inches. The expe,pted area was 4,375 s.f., while the surveyed area is 7,711 s.f. Most of the additional ea is on the periphery that has been colonized by wetland herbs and willows. 9 Enhancement Area D As planned and approved The DEA plan called for enhancement of 0.02 acre (870 s.f.) of wetland D. This will be accomplished in a disturbed portion of this wetland. Here, fast growing willows, red cedar and red -osier dogwood will be planted. No herbs are needed since they already occur. Table 8 summarizes the proposed and counted areas. Table 8. Summary of installation for Enhancement area. I Species # Specified October 1995 # Counted November 1996 Red cedar 3 2 Pacific willows 5 0 Red -twig dogwood 3 0 S almonberry 0 7 Lady fern 0 3 Total 11 12 As - Built The differences in plantings resulted from analysis in October of the actual conditions. Different species were proposed to match the site more closely. The vegetation is quite dense and the opportunities for enhancement are more limited than they appeared last year. The vegetation was dense, but it appears that 2 red cedars, no willows or dogwoods, 7 salmonberries and 3 lady ferns were planted. Hydrologic Discussion Wetland creation projects require coordination of appropriate plant materials, appropriate hydrology and appropriate soils. Under normal circumstances in this region, soils will develop hydric properties as higher organic content relatively quickly if the appropriate hydrology is maintained. The abilities of plant species to grow under various hydric regimes are relatively well known, though there is some variability in individual responses and genetic potential. Wetland hydrology is usually the most difficult parameter to predict, and is less readily manipulated. On the other hand, it is relatively easy to fine-tune the 10 hydrology of a project in several ways. For example, outflow levels can be adjusted up or down by adjusting the level of overflows or drainage culverts. Local hydrology can be enhanced by raising the level of berms, installing small berms, or planting material in local (dug) depressions. In order to improve wetland hydrology, soils of the wetland creation areas were to be amended with organic matter or hydric soil. This section describes the hydrological conditions of each wetland area discussed above. The discussion is based on field observations, existing status of the creation site based on existing vegetation, and observed water flow patterns. This project will be monitored for five years. One aspect of monitoring will be to determine if appropriate hydrology is being maintained. AREA A. Plan: This site was identified by DEA as a feasible wetland creation site. It receives water intermittently draining from WL-E. It is on a moist, north -facing, relatively gentle, slope. Wetland hydrology will be created by installing a flow shield to increase the retention time of water behind it, by planting in depressed pits, and by shallow, horizontal channels dug from the drainage. The channels will be lined with compacted clay, and backfilled with the surface material. The current vegetation dominated by red alder and salmonberry will easily survive this hydrological enhancement. New plants will be placed in depressed planting holes with collars. If wetland hydrology fails to develop, the flow shield will be increased in height. Actual: The drainage has been stabilized and water provided from a continuation of the flows from WL-5. There appears to be adequate hydrology for the development of this wetland site. Further fine-tuning is possible in that water may be spread more effectively and the outlet raised slightly. AREA 1. Wetland hydrology has not been established and this area is no longer considered as part of the wetland creation mix. However, the addition of water as described above and shown on the plan could, in the future, enhance the hydrology sufficiently to sustain wetland conditions. AREA 4. Plan: It receives water primarily from sheet flow down the slope and from WL-D. Wetland hydrology can be established for the plantings by installing them 2 inches below grade, with a planting collar to enhance moisture collection. This area is nearly wetland and it is very unlikely that any failure due to inadequate hydrology will result. Actual: Road clearing removed some of the vegetation, but the site still receives significantly sheet flows. This hydrology may require fine-tuning during the Spring in order to support hydrophytic vegetation and saturation into mid - spring. 11 AREA 5. Plan: Hydrology for this area will be enhanced by the flow shield described for Area A, but the primary modification will be the excavation of small, shallow channels to divert water from the channel that drains WL E. The excavations will be lined with clay to reduce infiltration and ensure that water reaches the plantings. The current vegetation is dominated by facultative species (red alder, salmonberry) common in wetlands. New plantings will be interspersed with existing vegetation, planted in depressed holes with collars. Actual: Area 5 now is significantly larger and receives water via a swale from Area 7 and from a channel from Area 7. Wetland hydrology was only recently established and it is impossible to determine its extent or duration. AREA 7. Plan: A flow shield similar to that of Area A will be installed to increase water levels about 6 inches. This will permit water to spread out over the lower creation area. Existing vegetation is Facultative. This area is adjacent to WL-F, and the minor hydrological modification will create the required hydrology. Actual: The wetland drainage has been stabilized and filled. The hydrology is adequate and the site remains saturated. The channel was blocked to maintain adequate hydrology for this site. AREA 8. Plan: Excavation will create hydric connection to the pond. Pond levels fluctuate slowly, and are lowest in late summer. There is little erosive force. A berm across the opening will be maintained at 12 inches above the normal water level of the pond with several openings. This will minimize sedimentation from the pond. If monitoring shows that water is lost from Area 8, it can be augmented by redirecting inflows to the wetland. Actual: Hydrological modifications were as intended. The pond dropped sooner and lower than anticipated due to unforeseen upland events. The hydrology has been re-established and it is likely that this area will retain sufficient hydrology. Results —Buffers All buffer zones were hydroseeded as required. The hydroseeding has been successful. For the detention pond grasses and clover cover over 90% of the entire area. There has been natural invasion of red alder in places and, in scattered locations, black cottonwood has developed strongly. The other buffers were seeded later and are developing more slowly. Natural reseeding of weedy vegetation has also occurred. Prominent among the natural invaders is red alder, which is common in the immediate surroundings. This species routinely invades barren sites with low fertility. 12 Detention Area Buffer This enhancement was not part of the original plan. It became required because the graded areas are within buffers for off -site wetlands. The area covers about 24,000 s.f. and occupies most of the northern and western slopes of the detention pond. Initially, I proposed plantings of snowberry and roses as shown on the plan. Subsequent discussions with City Staff led to the addition of 90 Douglas firs as sketched on the plan. These were initially specified as 6 ft plants. Discussions with the contractor indicated that robust 4 ft plants would survive better under these conditions, and these were installed. , Planting details for this area: 375 plants, arrayed into 75 clusters of 5 are required. The spacing will look like the spacing of dots on the "5" face of a die, at 4 ft spacing from the central plant. Species: Snowberry (Symphoricarpos albus) shall form the majority of the plantings. This species has broad tolerances, is present in the vicinity, provides attractive fruit for birds, and perches to attract additional birds. The presence of birds increases the rate at which soil fertility increases. Sixty clusters, 300 plants, are required. Along the lower slopes, and in particular below the wetland creation area, Nootka rose (Rosa nutkana) shall be planted. This species grows more slowly than snowberry and requires somewhat more moisture. Fifteen clusters, 75 plants, are required. Ninety Douglas fir (Pseudotsuga menziesii) shall be planted in three rows along each slope, with 60 on the west, and 30 on the north. They shall be spaced to avoid planted shrubs. As - Built Snowberry and Nootka rose were planted in clusters of 5 on this slope. Two permanent plots were established. In response to City comments, Douglas fir was added to the mix. The detention pond slopes are now covered with grass, clover, dense snow berry, roses on the lower slopes, 4 ft Douglas fir, and a variety of desirable invaders, including black cottonwood. The lower north slope also has salmonberry in the creation area that is now considered to be upland. Table 9. Summary of installation for Detention Pond buffers. Species # Specified 1996 # Planted 1996 # Counted November 1996 Douglas fir 90 90 90 Snowberry I. 300 345 324 Nootka rose 75 90 73 TOTALS 465 525 467 This buffer enhancement appears very successful and fulfills the requirements. The mean value for snowberry in Permanent Plot 1 was 25 inches 13 (n=30). In Permanent Plot 2 it was 27 inches (n=27). No roses occurred in the monitoring plots. Roses and Douglas fir will be monitored in March, 1997. Buffer I As planned and approved BUFFER I. Along Military Road (2,610 s.f.). A single row of Douglas fir will be planted near the property line. Red cedars will be spaced between the firs and set back. These two species will provide an evergreen screen. Snowberry, a rapidly growing plant that grows well under these conditions, will augment the trees. As - Built This buffer was planted in October 1996. Because the wetland for which it was a buffer has been moved and the overstory destroyed, this buffer vegetation has been placed along the lower slope of the bank along Military Road. It will form an evergreen screen for the plantings of Created Wetland 5. This planting occurred in two parts: the lower slope of the bank was planted with 50 Douglas fir in two rows and 138 snowberries. The remaining species were located on more level terrain. These plantings looked healthy when surveyed. No monitoring plots were installed because the ground was soggy and little growth is expected during the winter. Monitoring will commence in March, 1997. Table 10. Summary of installation for Buffer I. Species # Specified 1995 # Counted November 1996 Douglas fir 26 53 Snowberry 52 308 Red cedar 26 26 Osoberry 0 5 TOTALS 465 1 492 Buffer II As planned and approved BUFFER II. This buffer restoration is needed due to the construction of a portion of the drainage system. The central excavated area will be planted with the seed mix. The central 10 ft will not be planted with woody species to provide for maintenance. It is expected that red alder, etc., will recolonize naturally. Red cedars, snowberry, red elderberry, osoberry, and sword ferns will be as shown on the planting plan. This results in a total of 47 plants. 14 As - Built BUFFER II is a small area leading from the sewer line up to Military Road. Within 100 ft of the wetland, it was revegetated according to plan, with slight modifications. Primarily, red cedar was replaced by western hemlock in recognition that the site was drier than anticipated. Table 11. Summary of installation for Buffer If. Species # Specified 1995 # Counted November 1996 Red cedar 8 0 Western Hemlock 0 8 Snowberry 17 17 Red Elderberry 5 1 Sword fern 17 17 TOTALS 47 43 Buffer III As planned and approved BUFFER III is the largest enhancement. This portion of the storm drain extends for 400 ft. It will be planted with western hemlock in the overstory, along with snowberry, osoberry, red elderberry, and sword fern. A few vine maples in wetter spots will be planted. As - Built BUFFER III was planned to compensate for a narrow access road. The installed road is wider. In April, additional plantings were recommended to compensate for the wider road. In some cases the numbers counted exceed the number planted in April plus the number specified in October because more plants were planted than specified. Additional plantings were made in the eastern extension of Buffer III. These were plants included in the total specified in April 1995 (Table 12, col. 2). Several snowberry plants and some elderberry plants were recorded as dead, but they may be merely dormant. The total is slightly less than specified, but this is a result of exclusion of plants in the extension of the buffer, shown in Wetland Area 5. 15 Table 12. Summary of installation for Buffer III. Species # Specified Oct.1995 # Planted April 1996 Living June 1996 # Specified October 1996 # Counted November 1996 .Douzlas fir 0 9 9 30 31 Western hemlock 64 43 29 10 35 :Red cedar 12 5 5 10 24 Osoberry 12 0 0 15 10 Red elderberry 22 10 8 20 15 Willows 0 0 0 0 4 Snowberry 100 65 57 50 86 Salmonberry 0 13 13 10 33 Sword fern 88 116 102 20 65 'TOTALS 375 1 165 I 149 165 303 Table 13 shows the sizes of plants in the permanent plots of Buffer III. Table 13. Summary of mean sizes of woody plants in Buffers III and IV. Buffer III- #1 #2 #3 Buffer IV-#1 #2 Species n x n x n x n x n x Douglas fir 7 20 Western hemlock 10 20 6 22 3 43 5 51 Red cedar 5 36 Snowberry 16 24 7 22 5 32 3 29 Red elderberry 1 22 2 16 1 11 Salmonberry 7 25 Willow 1 42 Buffer IV As planned and approved The planting plan for this buffer was similar to that for Buffer III. As - Built The soil of this area has been compacted, so growing conditions were not good. The surface was scarified to improve natural regeneration and water infiltration. In October and November, additional plantings were made. The November totals are similar to the original specifications, and the plants look 16 healthy. -As a result of the additions, more, heildiie t, pl;intti occur on this sl:rip. -Table 14 sutiitnarizes the plantings. Table 14. Su»i.iii ai-y of iitstallatioir• foi• Biif fe1.1 t'. T — - - --- Spec Les # Specified Octobej- 1995 # Plalrted April 1996 Lhi ing 4ime-1996 SPecilicd Octolwr 1996 # Coityited November, 1996 Douglas Fir 0 D- 0 20 � 19 Western hemlock 25 .30 _ 22 � 10 24 Osoberry _ 8 0 0 --- 10 10 Red elderberry 8 5 5 _ 5 7 Snowberry 36 21 16 2.� 42 Sword fern 50 30 15 40 � 51 TOTALS 127 86 _ _ 61 — 110 —� 15:3 Conclusions The wetland creation and buffer" enhancement has been completed. AIJ.ar•eas have been planted, «with only a minor amount, of Fine-tuning, required. The planting areas were marked by slim Jaeger and surveyed. 'These areas are somewhat different than those approved and planned. but are substantially similar and provide adequate compensation for any lost. values. Table 15.summarizes the, planned «-et.land creation areas and compares them to the areas surveyed. lt.appear•s that there is sufficient. Nve land creation to meet the area objectives. Table 15. Approved avid regi.i,i.red raetland areas compared to sitiveypd si.aes of created wet.lynds. .. Creation -Area y Original Area Re aired (s.f.) Surveyed _lrea (s.L) �VEA-A �- 3r25 � - 274.4 2-100 -50 l..�-. �� L-5 3000- - -..- ...�.. 811Og _ -----"--------- ...._. WL-7- 1475 WL-8 43753-- 22,825 �- - "--�- St,b-TOTAL Additional-WL-E 2178 TOTAL 25.003 2-Sj healthy. As a result of the additions, more,. healthier plants occur on this strip. Table 14 summarizes the plantings_ I Table 14. Summary of installation for Buffer IV. I Spe ies # Specified October 1995 # Planted April 1996 Living June 1996 Specified October 1996 # Counted Novem.$er 1996 Douglas AK 0 0 0 20 %19 Western hemlock 25 30 22 10 24 Osoberry 8 0 0 10 10 Red elderberry 8 5 5 5 7 Snowberry 36 21 16 25/ 42 Sword fern 50 30 15 A 51 TOTALS 127 86 61 / 110 153 Conclusions./ J.. The wetland creation and buffer enhaneement has been completed. All areas have been planted, with only a minor... amount of fine-tuning required. The planting areas were marked. by Jim Jaeger and surveyed. These areas are somewhat different than those approved and planned, but are substantially similar and provide adequate compensation for any lost values. Table 15 summarizes the,p'ianned wetland creation areas and compares them to the areas surveyed. It appears that there ds sufficient wetland creation to meet the area objectives. 7 Table 15. Approved and required wetland areas compared to surveyed sizes of created wetlands. Creation Area Original Area Required (s.f) Surveyed Area (s.f.) WEA-A 3525 744 WL-1 2700 \10 WL-4 7750 7750 WL-5 3000 8496\ WL-7 1475 552.5 WL-8 4375 7711 Sub -TOTAL 22,825 , Additional-WL-E 2178 TOTAL 25,003 27,255.5 17 Co 0 r -i CfD LO c� a� > Cd 00 co U U CO co O co CO 00 CO � O � O *� CU oV � U a)O ''-1 0 Cal cLO O O LO LO O LO LO CO 00 � co 1 CJ Lo � U r� O o� Q O 00 CO 'Itt 00 m � U U] w 0 r-i Cfl Gam] GV co �+ di U cc v0 r-1 ,--� cq O co r--i GV O O O 00 r-+ O M a., 0 00 Cf j ,--� O r-H O CO m N p O O� CU COO o � coc o co r-q oV co .--I cc ° vOLO OO Lo ocd r� d �00 �� w��a P4com 4 G o��x� o r--iOo mot+ .-a in CeD 'b U c� c h-I U O O GV M M 00 O LO c7 rl r*-I 10 CD O � M t[� M O M M 00 rl rl M �D GV M � U O O O 00 00, CJ p l� M a) � CD M *LOO 4-a 00 cc 0 O COr— 00 cn, O r--I cn q a� .. W R, 0 M p �n CD n to U Ccn w 1- i M O CD 14 .� vj c7 Ifs d� � ^ 4.3rr •J Cd Cj) '-'-4 cq o o cv N 4 o U a M A o m►ne*m(Do � cn � � W o s� U W � co a) Cf) v a� -. a) o icDl a)� 3 0 ° m om E� 'ocnWr/�r�P4�Qatn During the monitoring period, vegetation management should concentrate on the removal of potentially destructive species. In buffers, both Himalayan blackberries and Scot's broom should be removed. In particular, the Scot's broom in the buffer of the detention pond should be pulled early in the Spring. In wetlands, invasive species such as rushes and willow herbs are allowable. There is no indication that reed canary grass will become a problem, but if it appears, especially in Area 8, it should be removed. Signs of erosion should be monitored and corrected quickly if observed. The existing hydrology appears adequate to sustaining the plantings. However, some fine-tuning may be necessary. The water entering Area DEA-1 may require more spreading out. Water being delivered to Area 5 may require to be spread more evenly. Water for Area 4 may be channeled from Area 7. The pond level should be maintained to provide adequate hydrology for Area 8. Each of these is a minor alteration and, except for the latter, can be achieved simply with hand -tools. This concludes my as -built report. In March, 1997, the remaining permanent plots will be installed, plants will be measured, photographs taken, and hydrology determined. Recommendations for hydrological modification and more detailed maintenance will be made at that time. 20 MAR , 2-26 :I UE 1 s ; 58 PARYL+ANE VEN ,0 i , 1. March 12, 1996 SENT ViA FAX & MAIL - 661-4129 12 PAGES Mr. Cary Roe Director of Public Works City of Federal Way, WA 98003-6210 33536 1 st Way South Federal Way, 1NA 98003-0210 FAX NO. 9463580, P. 01 w` • R 2 - I A-R"E X `� PnrkLana l:XCtU 11�C �=Cnllr 37620-23rd Avonuu Suulh sno Fedufal Way, Waahinglnn 95003 TclLrhn11c:(20e)041-4452 Re: Herltego Woods - City of Federal Way Requez�f for Varionce to Ordinance for Standard Road Improvements - Military Road Dear Cary: Fax; (206) Von-. 550 yq6 We respectfully request variances to the Standard Road Improvement Ordinance # 90-43-2 (Chart 110-1) 2127190, to Military Road R.O.W. fronting our Heritage Woods project. In support of this request for variances I em incorporating a letter of recommendation from our Traffic Engineer, Mr. Christopher Brown, RE, who has carefully analyzed your code and standards and the existirig conditions along Military Road both Within The City end King County. We have asked hi9 recommendations for Mat Is fair and reasonable and lamful in order to satisfy the safe and efficient use of Military Road with the development of our plat of Heritage Woods. You will note that Mr. Brown has reviewed the project for both cc'1r , S.E.P.A. aspects, as well ar. from a traffic safety point of view. Mr. Brown has assured me that De has also analyzed the standards and future plans of King County and W.S.D.O.T., to ensure that his recommendations are compatible Wth all other jurisdiction's future plans and standards to ensure that The City will be able to qualify for future funding programs such as the Transportation Improvement Board (T.I.S.). Therefore, based on our Traffic Engineer's recommendations we propose, as our fair and reasonable responslbl Mies, to do the following: i . Design Military Road adjacent to our project showing the various improvements that we, the developer, will complete With the development of our plat Heritage Woods and what will bo completed by otters when The City has secured future funding to We arr. annrllihcd GI gtrrrlity, m1nc 410 srrvi;c to fuifillusrrtu>iopnvP -= 44111145 Whi aYCIT'd ttlrir i'l7CCdi7tiUl!�. NAR-12-96 TUE 16;59 PARKLANE VENTURES fNC FAX N0, 9463580 P, 02 - 2 3/12/96 complete Military Road to The City/s "Final" standard. See Exhibits 1. 2, and 3 hereto attached showing the project location, Exhibit 1, and the typical cross section for the worst case fill section, Exhibit 2, and for the worst cast cut section, Exhliait 3, along thi9 ,portion of Mllltary Road. 2, Install a 3-lane road section with 12 foot lanes, the center Iane serving a 2-way, left turn lane. Mr. Brown has recommended that we maintain a full left turn lano for the entire ieng1h of improvement, without a landscaped median, to accommodate more left hand turning traffo and Improve safety through our two intersections. v � avr , r&o_ ` e vQ, c 3. Install curb, gutter, 5 foot bike lane, 6 foot planting strip and a 6.5 foot concrete sidewalk on the west side only. N z C r 7,r S rvh-,04,ti.0 4, • Leave the existing shoulder and drainage swales on the east side with any revision or modification marked "future -by others" on the approved plans, 5. Provide street illumination on the west side. 6. Provide street trees In the planting strip on the west �, � iw°�s '�s�,uC�� hide. 7. Provide signage and marked crosswalks at both access street directing bicyclists and pedestrians on the east side to use the west side facilltates. 8. Assist The City in obtaining grant funds for the immediate reconstruction of the Star Lake Road intersection. 9. Construct a bus turn -out on the west side of the traffic :' 7 lane as approved by Metro, if deemed necessary by The City, Therefore, we are asking for the Wowing specific variances to your Ordinance and Code: IgAR-i2-96 TUE 16; 59 PARKLANE VENTURES MC ,--� FAX N0, 9963580� P, 03 3 3I12J96 1. Tne width of sidewalk on the west side be reduced ? N ° „T 7' frarn 8 feet to 6 1 /2 feet. We fired there is no reasonable argument for this width of sidewalk adjacent to a single family resldentiai neighborhood. Also, Mr. Bro%," cites the concern for safety with an overly wide sidewalK that may attract bicyclists and "roller bladders" Mo may cause safety problems to pedestrians. 2. Eliminate the landscape planting islands within the left fiend turning lame to accommodate more left hand turning r vehicles, making Military Road safer for left hand turning motorists. �n,.rs �nric �p d:ri 1a eft 3. Ellminatu the bicycle path, curb, gutter, 6 foot wide landscaped strip, and 8 foot wide-idewalk long the east side of � '" e � r^e°�� sa �r Military Road adjacent to our plat J ��;� 'Al s S, I c1, C C_ If i;d---,I C, We would encourage bicyclists and pel�erstrians on the east side to use the west side facilitates by ir?wtalling slgnage and �� marked crosswalks at both access streets. We would also provide 1, �a street lights along the west side which together with the vertical curie and landscaped strip, would make the west side brighter and safer. We w uld widen the easterly side of military Road an additional 5 feet beyond tho traffic lane, and paint a white. line at T,-° '" _'' � this location, to make the east side seder for the occasional !, P '=�'t pedestrian and bicyclist not attr6icted to the west side avr r-.er,�ipd improvements. We respectfully request that you re -review your code requirements that require us to complete the full arterial standards for bath sides of Military Road adjacent to our project, .recognizing that it is not economically feasible for our single family development to bear the full cost of Improving Military Road to your desired standards. We also ask you to evaluate our Traffic Enoineers recommendation for what should be req,- iced for our project and what improvements Gary safely be deferred and completed by others, or by future funding Programs with King County and other agencies. f1AR-12--95 TUE 17:00 PARKL,A-NE VENTURES INC FAX N0, 9463580_ P. 04 - 4 3/12196 We also ask you to recognize the language used by the Hearing Examiner when Federal Way Stan petitioned the Examiner to reconsider the Hearing Examiner's inikial recommendation that vve be squired to improve only the west side of Military Road, not both sides. The Hearing Examiner, in his final recommendation after being persuaded by Staff, stated that "...curbs, gutters, sidawalks and bike paths should be required on both sides of said (Milltary) road.". The operative word is "should". it is not +.i or -s.i� Thus we feel strongly that bie Public Works Director has the discretionary power to relax this costly and burde-'nsorne condition. We believe ho should be willing to do sn since there are statutory limits confining our street improvement requirements to our side of the road R.O.W.. Also, your Staff has advised us that you have granted similar variances on arterial roads, M, ero the costs are prohibitive to a single developer, with a project on one side of an arterial road. The Nearing Examiner in using this language is aware of the very distinct limit on what can pe required of a development, outside of S.E.P A._ As our `traffic Engineer, Mr_ Brovm, has advised there are no public health safety or welfare issuos associated with our plat as it relates to Military Road and absent Mandated requirements improving the property of another person, or of a public agency is, in fact, a taut. That tax cannot be levied on, us, the developer of property on one side of a public RAW - Since the cast side improvements are not "...reaoonaWy necessary as a direct result of th-o proposed development or plat..." the cosh would be deemed a tax or a fee and, as a consequence, would be contrary to recent court decisions. For reference, these decisions include a series of well established cases such as hiollan vs. California Coawtal Commission. Unlimited vs. Kitsap Count and Presbytery of Seaale vs. Icing County. The delimitation of the amount of road construction on Military road that can be required has been addressed by Statute (RCW 62.02.010) and by a fairly recent case, Southwich vn. Lacey, which concluded "a municipal body cannot shift the social costs of development onto a developer under the guise of regulation. Such costs shifting is a tax". In summary, we request that you consider the economic, technical and legal aspects of your Code and Ordinance, and grant the three requested variances, from an 8 foot sidewalk to 8.5 feet on the west side of Military Road and the elimination of the landscapc median from the leA turn lane and the elimination of the curb, gutter, landscape strip and 8 foot ►pride sidewalk on the east side of Military Road. The granting of the variances will recognize what is fair and reasonable with respect to the impact of our development on Military Road and avoid a protracted and costly legal imbroglio. Your approval to construct the improvernenbs we propose to Military Road will adequately address the � �4 1,v 1,s 'AIM-12-8E TUE 1/,pI PARKLANE VENTURES INC FAX NO. 9463580 P. 05 -6.-, 3112100 vahiclllar, pedestrian and bicyclist needs gonerated by our development, and provida a safe and greatly improved traffic flow on Military Road. Sincerely, 4�~JorY+ David Mor-rison cc Jim Jaeger Chris Brow, `MAR- 2-96 TUE 17:01 PAP.KLANE VENTURES iNC FAX N0, 9463W # ChrinLcpl or 15M*4vd & :is,113C! .t" 575 Pain:--r Arcnuc N_. -ktc A -WI 12cnton, TA W55-13$0 May 91 1994 Mr. Davzd NIorrigozi parklAno Ilia, Park Lxaa Ex"Cutive Centew 3152C 23rd Avenue S. FQderal ,ray. %A 96003 Re: iiarita.ge '4004n Ci-ty cif rladgmal Way KL -tasty Ro&d Design gl.ementa DO= Mr.. Morxiaon a -r'n c%acQrdmm-_a w:Lti*, your roquesm we ,.-ava cmpl.ctad e, xvviaw of the vrm icaw tre.�fic studies ppex20=ed for the otsia joat plat. In additiom, we lava nevi eyed the accident d ita fo= th4 tnrae year period 1996 -IM on Military Read trot $, 304th stzorat north to s. Usth stmaab And other desigli elcmouiGa. Thia acoidant analysis Wau undertaken tO detq=4 nit which locati.ona Wert vta,tistically DiguitIcant (at p-0.951 alad, 40 at eronaequericat acnld be *ffected (i.xprovad) by a conatmation progr= as diatlxct fsam lzcations wrheme the accident . exxpper ia;Lce ret!Oote a ri-an-zxnd= event and' thus is beyond relief by aarmal can.ntructlon. techniques. iThat is to aayr w,5 are :-detati4y: xng loomtiouz whore acciden * a are due► to e e nents beyond r•emediation. Typir-&-1 .y these include accideTta catLawd by d(r:,vex error, b&d waather and so on..) III the ortira lan5th of the two-and^a-half zLtla cerHidar of i..il.{ Lary Road Pram S. 26$th to 2, 304th, only +,vo .lvaat? ens haves ao,sidont 1-1requenclas with statistical, aigni.fia t=c . !Military Road at S. 304th Street. Militazy Road at Star La,%a Road. They impoz+_&Aos of 'Chia finding in two -fold. Fi.r6t, Uhe Star tak❑ RczI4 eta -sections (bath north �fld aouth) are presently ZaGafe with ztati.ntl.cal cnxtdiaty- AC-aordinglyr it ie it7cuna�iant upon the City of ?aderal Way to i l.eme'nt corre=tiva apti.on Or xemediation. on the ;trangth of the acCldant aaalyvi.o they have e'duty t6 address these hAvardous locationa. TraTie Eaemecra a Trsaaportatian Planners -VAR-12-96 TUE 17:02 PARYLANE VENTURES INC FAX N0. 9463580 -', P. 07 Mx . 1�s,vj,d ttoxri. �� May 9 , 1994 y pt ge 2 Tha second ?oczatloTt at S. 304th street 's Similarly within the enity wid hat etatjsxticaZ La terms o£ acaidvat cauOatioa. This is some dl.atanca to the ao►xth of the iAfft&mt plat and clearly i aj- nd ;�urthar raviev on your paxxt. Thi.a in ORPOciA!kIly tzva 0-%POO nO si.t:e tt&ffic iM e9Pscted to tsxAverse the i.nte='cction. For the plat, th* moat iugaxttant finding im that thar_a is no h4zard aaeQciat*d with either of the twu site access street iutar ectianr - S. 282:td ztraet Oad S. 284th &treat. 2;*xt, C►'4 have also reriewed the propoaad pgdestr'ian elazerxts (sidewalks). I nutn that the dea.igt st.acndc-rd (Caart 110-1, Minor ArtericAl Gzis�.s for 8 tout vidt:hu. This may be ccatraetad with geattle sta:4&va* at 8 #eat for principal and minor art r.ial.s (Seattlg 'LgR'an ,MAnnnZ, panes Ga and 49) and in Xing county (gjZq Couszt in =qd1-O--xd-9 drawing Ra. 2 ) where 8 foot wino side aaRs a-t* called out Ln busLneso diet;. i.ct% and 6.5 feet widths in residentia ; =eaa In ozdea to Taointmin fuL+l=Q ro*dway dtaign uni.fczZity and Co=jt.4 Ulty betwe%n Fa4eral Way and F-iug County, i Mould nuvgoat their. you r*cnv*t - aaxzi3:sce from thto ove ngtad Yedoral Ai* t Z tot al dowmlk a+-azsdard. Yrj�z may wish t.> Hate that overly vide esi.drswalks in an ar" 4uala nos tbW'z =ay well. induce young b1cy-4:;1ista tc next use the bike lanee hut, use the as1dcwv.1ka. This may impose tort 1 _ *Lb:L1 ity in the futtare. -1= t"t-rma • chi v: ltxmea, you can expect a range fr= a to 21 ptdmetri,ans per fast of width par minute. Thum, an 8 Toot -wide a .dewalk can cArry az%ywbere from 2 LOO to 12 000 gedeftriane sr hoar F From a pedezt=ion ca,p�ac i ry vi.eOlat, wp Would ba =r4 th-%n a 5 rcQt :j:.d*W4Aj% �su.ffi.Gignt. Eow r, a G.5 fo9t ai.dewa,.k vtjl meet t.hs adontad at4ndarda of the county and than erseure- mat -.bung fumdg on conjoint projavto. " There la little no#& for an 8 tPot wi.da side-Are-_Ik i-a a residential =ea. zt agwredly W-111 iaoraaae futAre City M&LIttan.ance coeta. F Inally, and of sex* -Mportance? there are no ai.gnifi=a nt pedestrian veaQrat6ra on who etL st side of the .road, jzxt, at o"x =Retinq with CLty of rtdcral Way o:pa.r-F.mtnt of Aubl.iss 'vorks rDPW) stat! last 'x'nursday we d acua6ed the xa-1:nA .14Lng 4i Mllit�Lry Rodd South fxom the southerly Star Lake Zoo.d intsrsect;.J?n to 5. 254tli 5trett, rf a full r€sadw-ay avation (auxh-to-quzb) ita to ba bLilt, i,t will entail the rwmcvaI 04 a 4'lgaif i..Qant nuxber of vaz7 mature trees along the oast side. A"gardless, It will ba a vary Costly uradertaki-ug t1AR-12-96 TUE 17.02 PARKLANE VENTURES iNC FAX NO. 9463560 P. 08 David Marrir_"� may 9 , 1994 Fade 3 atd, given that high coat, you should request a; variance fz= that Coradi.tion• F,xrther, wa_th exioting mnd function] -rig dfainage aWaIes 100aied along the enat aide, thn re -building of that half of the atreot =ay not BO Ln the bas` int.Ereuts Of the ]residents loCat�-d &Ionl that eider _ z expect- y=r drainage speclal.i.srs have raviev&d. th-xt *l nt in any case, rt is clear that the zebui.ldi.ng of Military Rood, onpac ally i,i it irtcludea the dis W aide of the rgadway as diatinatIrom a "ball atxe"t improvemen-ts I is extxc=ely expenaLve . Pr= my Past excperimez, : might add, it iz well b*yona -any SLIpA =$qu.ixeztnt. rn VLew of t%ip untow&xd expanxe, you shou.Id req[1'�eist. ii C'e1gj.8ilCG. .,._.« COnaiderlhq the costa of thQ full width street projeat, your request :eq r a vftxi.anc* s7hvuld include the fo? l.oWLng design CI=Cnt& in pvdar to Umit the costa and inhibit the l oas err traea and vagar:.ation on the saes side ere Military load. LRa-�ezz '�xuCu Military Roam fr= 5. 284th Street to the aeutherly Stsx Lake Road intersection to ip.aluda a 2-la.ae road section with 12 foot lama. The center lane will earwe as a continuous 2-way left tL=n land with no 1&-ndscaped {elands. Zu this area it will, anbAnce traffic safety, dnaure the adegt=y of loft -turn back- to-back st.=age bays and will oorrt,inu4 fu-11 acnesa to iudtvidual. Vr;L rare drivz'W yto extern.&I to the sites 2. Sign and mark tho 2--way left turn lanes from S. 264th to the prag4 e,d -Azrti,haursd 7.ai°t tur ; pocket at toe solxtb intsrsectlon 49 Otax lake Road. Thin 2-way left tur 1wZa will provi-da moose to tht eximtin5 dxivsundy on the coat si.rla betwa6a S. 284tk and 2B2nd Streets and to OLd K111tary load as the west side between S. 232nd street weed st= Lasky Road. 3. Install a Yurb, gutter, 5 toot bike lane, a 6 foot ple-rLting yip and a 6.5 foot Sidewalk on the weak said* only betwesm S 264th =d the north s.itt property line_ 4. Leave the existi.n shauldmr and drainage atwsL.loz on the east Aida with al ravlsi,oni� err modificxti,onw marked 1711ture - By Otherv. . S. Provide street ill=.i.nati.cn ors the west side. 6. Provide stxeot tzmeov in the pvxki.ng strip ca the we -at ii "id" 4 !id". MAR-i2-96 iUE 17i0J PARKLANE VENTIRES [NC Mr. David Mnrrtak tfty 9 r 1994 FAX NO. 9463580 7. pr:ov.ida 61gliage 0ria wArkod Gros sw&l.ks at loth accavo eotxoeto 4 gvVtXng and p1tc onftr anal inn i:in Relut side to us,a the west side taciliztee. a. 2%aaiivt city in obtaining grant funds for the a=aai ate reconetsuct3.on of the Star takb Road i nt4r saat 1 on • 9. Coordinate buS atop location(m) with Macro anal con tact one bus tur-. -out on the West 8-idea 01 K.l.ita.ry Read S. at a jonation approved by city and 14Gtro a': a-ff. T_Y is to#antms d th-i s be located on t3is souti. Side of the S. 282nd Street tntQrzleatlon. 10. In order tro tote fuGtIrQ WCrlEr OA meY wish to otter to do the Pral.imai.nary engi.naes��ng dn$S szo that the l imi:.s of that "?:aura 'Work -- by Others" can be =are cleArly idon•tified. Looking at rtca 10, r belie" that both City etatf Aud adminLatration w=ld efppreciate the tUll extent cf potential road wUan zig in the event questiwis axe raised by iate+rusted neighboro who may not 'W15h to see a mmjor modific&tiara on both side* =I the arterial. Coasidaring rtam J, it the asz ;b, gutter, bike Lane and sidawal.k work on the east Midfa aXe deleted, then the "buo tu=-out" cart be trcated as a tai.r axchanga for that item. Rafurbisi tU5 the exieti•ng bus shelter on the oaaw aide at thia intczeection may &? ea be prr�p4#Cd by yvu alt.ht ulh it s a hvzd to see how this is a a to related s�.e�►ctxt tit l�azl alone needs to �sddre�se • I world exptot heat both, Ttsma 9 *Ad 14 will M130 gmLn the favor of arxzata-nq &Pd new reexde nts r alike, many yr whasa may have a zaara thorn pcagai tg i.r'to eat it this p*o jeat , Hy the way, loekinq at th& vaziagce and the raqueot to buiLd a bike lane on car:-l.y t1fe Wei 4 Side, i note that t%ey have been pro owed in accordance with Lr� 'Lobe -*i.gLaax King County bike faayli.ties dcaument that a`i11 a:ands as e M.UdQ_ This daacrLbaa Ki.lit&ry Road Ph*t the Project ai.ts as h alags It c al _ Faai�ity, it raquiret% a . patvad it rface of adequate width on zit. ast ' de" . P:dditM�t�ally r not* Sect:L 22-MISS ��Y�e,�.�assz] i a merbly aska that they be inn :alled per the Fing e utz Gener!% MAI CIG Plea Given the adoption of this 4t:andard, 1t aaams to ate that her;~ is indeed a valid requirazoanh to praaidt a bake lane on ont side *-F P. 09 MAR 2-96) :`'UE i ?; 04 PARKLANE VENTURES !NC FAX NO, 9463580 P. 0 Mr. David Morr.i W- may 9 � 1994 page d of the road, in anX caoo, aad heaue your r,&Tiast �4cr a varl.ance from vrov1dJnq a bike lane on both; S4dLQa i.g Most apprapx'iate re;rd reasonabia. `I'h:l�, ¢ho-i.ng the. bike 1aftQ on the east &Ida, With vk4 future construction not-44 *by oth*rs", is good say Of dei_i.nin this plan adop+,ion and full ftatura implemezztation when the elan side devalOP4. To conclude thl-e p=tioi. , then, the bike lanes and pavrrd side�'p lk located on tha watt. ziae &Iougaide your plat rxo ap apzL tra zzqu1r4menE8 extendit 7 for they lensth o£ your pia:. Tranoition.n back to the ex1;stau5 shoulder "atzL=8 to disauaved with Xr- carrow are tc be worked out xi.tt: the further design phaaea. Howevar, to 'bnpleraent thesaa Pa tht $ast aide 0 xili.tm y Rcaid ip riot only doat..y but, paxh*.pa -If greater concern, damaging to the axilt.ina errrirot> ant. 2t WL11 reaove axgnific=t it x bexg of wall asta�lished trsas and other rtLadgi da vagatati oa. next, attd &S a, Omkil itmm, it 6a6za that along your fxa:rtage you are conctructing a to rea lkna roadway for Vehicular traffic, The sectloja c:ff thic three line zaadw4v on r ilit&ry Roach betaee% rS. Z82ad and 9_ 284tb atrasts can �s marked =a aig-Asd me a Z-Hay, le_w turf lane. it will be very useful for Mz POr&-y dextoura dur:hng acnatr ation. Corit..I watDq a it aholily ha quite clear that ax-�eri4ing thia 2-way left turn lcna up to Star Lake Read cezt&iTily hc:sefi-'sac the city. It add--Q eses a major, ourTeat tra.!fic safety i.,saue. convetxaely, it die 'tc the vveretll costa of they fa.l3. project, you f.iizd that you tan tact aconoz)-call y proceesi, then the ci t w- `i 1 ba lamed in the position of ht�vi ng to %tart: ❑anatruc on at that ntarsection si ce nazice has peen zeroed that this ws a %LrLzard.;ni1d location with statistical =artainty and, an such, t,Esay muz,', addratsiz %hi# issue. S bmlis ra that youx ccrosti�,iCtl.an of th-is ale ent cam be trea,'tcd as a fakir-ahara axChange for may ►•rcirk you might otharWido do on tkLe oast aide of Zi 11tary aawowa from your ai.te. To oonCITIde, these avver 4_he n►*jority of my concerns. if you h4vc any questions i r p1eAAa faei free to call.. Yours txztlyr C. V. Dragm' P.Z. orb l B MAR-12--96 TUE ; ?; 04 PARKLANE VEN-1 URES i i�� FAX N0, 9463560 P. 11 HERITAGE WOODS FEDERAL WAY I1I SINGLE FANEE LY LOTS r HE '� � � flu � � � ,� `� � �� • } � 3 i �� ., f �y Jr 7 L` 4 J�� F I �{4�,.Ty�/•.�n BMAN .Ta f �. op- �' y r�y1 �•� it ,� 1 � 7-7 �----t—--�.1r•• �n crr FOR WORK' ATXON CALL DA ~IPT 1� Y uJ ,llO►JV1� ` � " l `` (206) 946-3 652 S&VU1054y R£S/CFXr.:C . ....... ..........__.... .............._...,._... - ._......._ ............. ...-_._................_......_�... _... ......... ...._......... �......-._..._�.. 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CIS",... _ . f= �. � • � '.,. � - - .J. . . . . . . . . . . . " . . • . . _ ' , : : : : : _ "�• `��~ ' � k n ;_' _...._w..»:..j, __;.....:. '�".,...•- .. ' , '-`,.`..»......._.....�_.f.;..»........._.,• e_.».—._..:--lrr��7•I'ftT� 7' �cJ_�i•1!/+�� !!�?J� i1Ji /��jjjjr*+jj{�r .:.: ;_•'_.. � : Ltj .00 O .*. •y _ ..,..-..�......._.,�.......--.__......-. _.�.-.._.w..t...1"F�...LSZ�.�'i....-..••IF.•. _! S'-.11N•c .! ',�..._}_......�...-... s CUT FLU :..... _ .::. : • . ..i...,:•:::�::'.,:•"��:s.��,in`�'�r:'w:;:�`:�--�• ...:.:�1 •:::, S xtended Pia e� 12,1 cl ';.:•;:..:::::::':::::� ��_��_:�:::::": �:�--:��..�,:: .•: .::., Vim" � It . . ............ . : -:•�: 'a...:�w'.. .�A.TEhiYP�ol°tRrrLl,i+E'� 1 t1r?,4-12-98 iUE I . PAnKLANE VEN'i URES iNC FAX NO. 9483580 P. ; 3 hwi d5. 194Z9 PF4 ...: ; ' .:: � ::: t . . . A . . . p .. . r' .... -` ; ::: ::.:.::. ....... ::::.:' �...... i :. l-pltsrPfFYi1l � .... 7. TjEk ....... :::.::: bati- � ...:..:�:.;.»:..:... � • :.«:.:. ;_:..;. �.�.,: �:.:.:..::..:.M ..�.Y..= .,,.: .._ . ; --' .:... � ... • ; - ; ::: • •: � � y� �•- «. ` . V+ . FOB; C Me �A . S7 rri 4 i Extended Page 12.1 CA le IF ... ......�•. ... W JAEGER ENGINEERING TECHNICAL INFORMATION REPORT PROPOSED PLAT OF HERITAGE WOODS Federal Way, Washington Prepared for: Parklane Ventures, Inc. 31620 23 Avenue S. Federal Way, Washington 98003 i Prepared by: James J. Jaeger, P.E. Jaeger Engineering 9419 S. 204 Place Kent, Washington 98031 (206) 850-0934 April 18, 1994 9419 South 204th Place - Kent, Washington 98031 (206) 850 0934 II. PRELIMINARY CONDITIONS SUMMARY The conditions for plat approval are outlined in the report from the Hearing Examiner, Stephen Causseaux, dated 6/16/92, for file # SUB-91-0001 and # RZ-92-0001. A copy of these conditions are attached for convenient reference. The conditions are addressed below in the same order as they appear on the Examiner's Report. SUB-91-0001 1. All mitigation measures as determined in the mitigated determination of nonsignificance, dated April 8, 1992, have been complied with as outlined later in this section. 2. Rezone application # RZ-92-0001 was approved concurrently with this subdivision application. 3. The 20 ft. buffer along Military Road and the 15 ft. buffers along the north, south and west property lines will be shown on the final plat map. The engineering plans do not show any conflicts with these buffers. 4. Lot 59 has been reconfigured so that it is now entirely outside of the 100 ft. wetland buffer. 5. The dedication of this open space shall be performed prior to final plat approval. The City Parks Dept. has not provided a site plan for the layout of the open space amenities. Once received, this layout will be incorporated into the plans. Details of the required tennis courts and interpretive —signs must be provided by the Parks Dept. 6. No clearing or grading is proposed within 25 ft. of the steep slopes on the specified lots. The requirement for piling or pier type foundations will be shown on the final plat map. 7. The specified notation that the builders on these lots will provide a professional engineer for review of the foundation systems will be placed on the final plat map. 8. The developer agrees to provide the services of a professional engineer to review any roads or utilities constructed within the steep slope sensitive areas. However, the particular locations of interest must be specified by the City prior to construction. J?,4 a [�- �- M4��' 5 9. Clearing shall be limited to the months of April through October. This is noted in the construction sequence and on the erosion control plan. 10. The detention pond and biofiltration swale will be shown within a separate tract to be dedicated to the City on the final plat map. A landscape plan for the pond screening will be prepared and submitted if it is deemed necessary by the City after review of the engineering plans. The isolated area of the pond may preclude the need for visual vegetative screening. 11. The detention pond and biofiltration swale were made a part of the erosion control plans and will be constructed in the initial stages of development. These facilities will be operational prior to final plat approval. 12. A 15 ft. wide gravel service road is shown along both the biofiltration swale and the detention pond. The availability of space between the two facilities will allow for ease of access to either the pond or the swale. 13. Individual surface water infiltration systems are not proposed on this site. The mapped soils here are predominantly Alderwood type soils. The drainage code does not allow infiltration systems in this type of soil. 14. The existing onsite pond has been designed to act as a one -cell wetpond which treats the runoff prior to the detention pond and bioswale. It receives the majority of its inflow from the east end while discharging into the pond at the west end, to maximize the settlement time. It will be placed in the same tract as the detention pond and the bioswale. 15. A detailed geotechnichal report was prepared by a licensed geotechnical engineer for the preliminary plat plans. This report is still valid because the final engineering plans have not changed from the preliminary plans that were used to prepare this report. The current soil conditions and development layout are the same as when the report was prepared. 16. A temporary cul-de-sac has been shown on the plans at the end of 25th P1. S. Temp. easements shall be noted on the final plat map. 17. The 10 ft. utility easement along the front of all lots will be shown on the final plat map. 18. The frontage improvements to Military Road are still being discussed and will be submitted at a later date. M.D.N.S. CONDITIONS 1. The development as shown complies with the Report of Geotechnical Investigation, dated 6/19/90, prepared by Geotechnical Services. 2. The City must determine the necessity for future tree replacement or restrictions on tree removal. 3. Lot 59 has been reconfigured. 4. A wetland mitigation plan is being prepared by DelMoral & Assoc. and will be submitted shortly. 5. The developer has opted to pay to the City $60,696.00 in lieu of constructing the downstream drainage improvements. 6. This requirement for soundproofing the homes shall be enforced at the building permit stage but should also be noted on the final plat map.- 7. There is no significant development proposed within the open space areas. 8. The developer will pay the designated sum to the City in lieu of constructing the offsite road improvements. 9. The Military Road improvements are still being discussed. 10. The specified left turn lane on Military Road will be a part of the overall road improvement plans to be submitted at a later date. 11. This condition will be completed prior to final plat approval. 12. This traffic modification will be shown on the improvement plans for Military Road. 13. This condition will be met prior to final plat approval. 14. The specified 10 ft., wide paved pedestrian walkway is shown on the plans. PARKLANE VENTURES/HERITAGE WOODS FII.E #SUB-91-0001; RZ-92-0001 FWD FILE #92-4 I Pal p,l PLKT PAGE 13 location for single-family residential development, while at the same time protecting and ' preserving sensitive areas and open spaces. 8. The proposed rezone from RS 9.6 to RS 7.2 is consistent with the suburban residential land use classification of the City of Federal Way Comprehensive Plan, and meets all requirements of Chapter 130 of the Federal Way Zoning Code. V. RECOMMENDATION It is hereby recommended that the request for zone reclassification from RS 9.6 to RS 7.2 and for preliminary plat approval of Heritage Woods be approved, subject to the following conditions: A_ PRELBUNARY PLAT APPLICATION NO. SUB-91-0001 r Pursuant to section 20.130.30 of the Environmental Policy Ordinance, all mitigation measures of the April 8, 1992 mitigated determination of nonsignificance are incorporated by reference as conditions of this approval. Failure to comply with the mitigation measures -shall constitute grounds for suspension and/or revocation of this approval. Approval of this proposed preliminary plat is subject to approval of rezone application number RZ-92-0001. In the event that rezone application number RZ- 92-0001 is modified or denied, any action to approve this preliminary plat shall / be deemed invalid and a new public hearing required. 3. To the maximum extent feasible, existing natural vegetation shall be utilized within all landscape buffer areas as required by the Director of Community Development. In addition to the required twenty foot wide buffer located along Military Road South, the applicant will provide a fifteen foot wide buffer of native vegetation along the rear of lots adjoining the north, south and west boundaries of the site. All perimeter buffer areas shall be identified on the plat map and restricted from removal of vegetation except as may be authorized by the Director of Community Development. Prior to final plat approval, lot number 59 shall be reconfigured to be located entirely outside of any required 100 foot wetland setback area. 5. Prior to final plat approval, all proposed usable open space designated as Tract A shall be dedicates to the City as required by the Parks Director. As proposed, the applicant will construct tennis court facilities as approved by the Parks Director. As proposed, the applicant will erect an interpretive sign or monument C�ce. ��' regarding 'Old Military Road' as approved by the Parks Director. PARKLANE VEIVTURES/HERITAGE WOODS FILE #SUB-91-0001; R2-92-0001 F VHE FILE n32-4 PAGE 14 M; a M7� No general site clearing or grading shall occur on or within 25 feet of geologically hazardous areas located on lots 52, 53, 56, 57 and 58. Any building construction located within these sensitive areas or setbacks shall be by piling or tiLn g pier type foundation construction as required by the Building Official, to minimize grading and disturbance within the geologically hazardous area. Upon completion, all disturbed areas shall be replanted as required by the Building Official. This condition shall be placed on the face of the plat prior to final plat approval. Individual homeowners for lots 52, 53, 56, 57 and 58 shall be responsible for providing the City with services of a qualified professional engineer for purposes of reviewing and inspecting pier or piling type residential construction located within geologically hazardous areas, as required by the Building Official. This condition shall be placed on the face of the plat prior to final plat approval. The developer shall be responsible for providing the City - with services of a qualified professional engineer for purposes of reviewing and inspecting any street or utility work located within geologically hazardous areas, as required by the Public Works Official. Due to potential erosion hazard and impacts to environmentally sensitive areas, clearing shall be limited only to the months of April through October. 10. Retention/detention facilities used to control runoff from the site to off -site drainage courses shall be located in a surface water tract to be dedicated to the City at the time of final plat approval as required by the Public Works Director, unless located within improved City of Federal Way rights -of -way. All retention/detention facilities shall be landscaped to provide a visual buffer from surrounding properties. A landscape plan shall be submitted for approval by the Director of Community Development prior to,issuance of construction permits. 1�1. Prior to final plat approval, those portions of the surface water facilities necessary to retain/detain, convey, and treat the flows discharging from the site shall be constructed and operational. 12. A 15-foot gravel access shall be provided along the entire length of each biofiUtration swale for maintenance as required by the Public Works Director. The biofiltration swale and gravel access shall be located in a surface water tract r f'- iA` `� s to be dedicated to the City prior to final plat approval. PARKLANE VENTURES/HERITAGE WOODS FILE #SUB-91-0001; RZ-92-0001 FWHE FILE #92-4 PAGE 15 ' In some cases, on -site surface water infiltration systems may be suitable for use on individual lots depending on soil conditions. This type system shall be used where suitable. To determine the suitability of the soil for infiltration systems, a soils report that includes percolation tests and a soil log taken at 6-foot minimum depth shall be submitted by a professional engineer, or soil specialist. This shall include, at a minimum, information on soil texture, depth to seasonal high water and the occurrence of mottling and impervious layers. The report f shall also address potential down gradient impacts due to increased hydraulic loading on slopes and structures. If the soils report is approved, the infiltration systems shall be installed prior to occupancy of the residence. A note to this effect shall be placed on the face of the final plat map. The drainage plan and the final plat map shall indicate each lot approved for infiltration. J4'. Existing on -site surface water ponds shall be retained as part of the storm drainage system and shall be utilized as a one -cell wetpond for treatment of runoff prior to entering the detention facilities or biofiltration swale. Discharge into the pond shall be oriented to maximize the retention and settlement times of the water in the pond. The pond shall be located in a surface water drainage tract to be dedicated to the City prior to final plat approval, as required by the Public Works Director. A geotechnical report shall be prepared by a licensed geotechnical engineer to address recommended designs for proposed roadways. The report shall detail soil and groundwater conditions. Recommendations to ensure integrity of future roadways shall be subject to review and approval by the Public Works Director. 16. A temporary paved turn -around will be constructed at the westerly end of 25th Place South in accordance with Section 2.07 of the King County Road Standards. Sidewalks shall be constructed to extend through the temporary turn -around area. Temporary easements shall be provided and shall be placed on the face of the final plat as required by the Public Works Director. A 10 foot utility easement shall be provided along the front of all lots and tracts located adjacent to proposed street rights -of -way as required by the Public Works Director. I8. The applicant will be required to construct Military Road South to a 3-lane width along the entire plat frontage, with curb, gutter, sidewalk and bike lanes along the west frontage only. PARKLANE /EDMITAGE WOODS FILE #SUB-91-0001; RZ-92-0001 FWBIF, FILE #92-4 PAGE 16 Y B / REZONE APPLICATION NO. RZ-92-0001 Pursuant to Section 20.130.30 of the Environmental Policy Ordinance, all mitigation measures of the April 8, 1992 mitigated determination of nonsignificance are incorporated by reference as conditions of this approval. Failure to comply with the mitigation measures shall constitute grounds for suspension and/or revocation of this approval. Approval of this proposed rezone is subject to approval of preliminary plat application number SUB-91-0001. In the event that preliminary plat application number SUB-91-0001 is denied, any action to approve this rezone shall be deemed invalid and a new public hearing required. The Resolution of Intent to Rezone shall provide that the one-year time limit of FWZC Section 155.100 is extended to coincide with the duration of preliminary plat approval specified under FWZC Section 16.120, allowing a three-year time limit. DATED THIS 16TH DAY OF RUNE, 1992. A P � 14 �� I/ - STEP K. CAUSSEAUK, Hearing a miner VT. RIGHTS TO RECONSIDERATION AND CHALLENGE Any person who has a right to challenge a recommendation under the Federal Wa ZaninCode may request the Hearing Examiner to reconsider any aspect of his or her recommendation by delivering a written request for reconsideration to the Planning Department within seven (7) calendar days after the date of issuance of the Hearing Examiner's recommendation. The person requesting the reconsideration shall specify in the request what aspect of .the recommendation he or she wishes to have reconsidered and the reason for the request. The distribution of the request and the response to the request shall be governed pursuant to the provisions of the _Federal Way Zoning Code. Within ten (10) worldng days after receiving a request for reconsideration, the Hearing Examiner shall notify the persons who have a right to appeal under the Federal Way Zoning Code, whether or not the recommendation will be reconsidered. The Hearing Examiner may reconsider the recommendation only if he or she concludes that there is substantial merit in the request. The proctss of the reconsideration will be followed in accordance with the Federal Way Zoning Code. The recommendation of the Hearing Examiner m allen ed b an rson who is to receive a copy of that recommendation pursuant to FWZC 155.60.6. That challenge, in the form of a letter of challenge, must be delivered to the Planning Department within fourteen (14) calendar days after the issuance of the Hearing lZ Mr. Robert Flitton April 8, 1992 Pages 16. Provide close coordination and cooperation with other agencies such as King County, Pierce County, area municipalities, WSDOT and METRO (Policy T-I1 ,FWCP). 17. Require mitigation of direct transportation impacts created by new development (Policy T-12 FWCP). 18. Address existing circulation and traffic deficiencies on a community -wide scale and implement appropriate public improvement programs (Policy T-13 FWCP). 19. Assure adequate facilities for bicycling and pedestrian travel in subdivisions (Policy H-24 FWCP). 20. Require that access for the handicapped be provided in designing pedestrian facilities in residential areas (Policy H-33 FWCP). The lead agency for this proposal has determined that the proposed action does not have probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under R.C.W. 43.21C.032(2)(c), only_ if the following conditions are met. This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. Conditions: All development activities shall be designed and constructed in accordance with - recommendations and conclusions contained in the 'Report of Geotechnical Investigation', dated June 19, 1990 and prepared by Geotechnical Services for the proposed development, as required by the Public Works Director and Building Official. Supplemental geotechnical . analysis and recommendations may be required by the Public Works Director or Building Official for development activities located within sensitive areas. ✓ The Public Works Director may require that trees, shrubs and groundcover be retained within clearing, grading and construction limits except where necessary EXH'87 Mr. Robert Flitton April 8, 1992 Page 6 for installation of approved improvements, or may require replacement of vegetation in disturbed areas until future home construction occurs. v3 Lot 59 shall be reconfigured to be located outside of the 100 foot setback of adjacent wetland areas, or an easement shall be recorded against the lot to preclude homeowner use and development of all lot area located within the required 100 foot setback, prior to recording of the final plat. A final wetland mitigation plan shall be approved by the Director of Community Development prior to beginning any on site construction work associated with the subdivision. The plan shall include the following information: . a. Mitigation Plan including the following elements: 1) Environmental goals and objectives, including public access and buffer measures. 2) Performance standards. 3) Detailed construction plans. 4) Timing. 5) Monitoring program for a minimum of five years. 6) Contingency plan. i Performance bonding in an amount of 120 percent of the costs of implementing each of the above element. b. Mitigation shall be designed to improve the functions and values of impacted wetland and setback areas, and shall include the following minimum replacement ratios for each acre impacted: 1) For forested wetlands with at least 20 percent of the surface afea covered by woody vegetation greater than 20 feet in height, the replacement ratio shall be a minimum of 3:1. 7- Mr. Robert Flitton April 8, 1992 Page 7 2) For scrub -shrub wetlands with at least 30 percent of its surface covered by woody vegetation less than 20 feet in height as the uppermost strata, the replacement ratio shall be 2:1. 3) For emergent wetlands with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata, the replacement ratio shall be 1.5:1. 4) The replacement ratio for all other wetlands shall be 1.25:1. C. All required wetland mitigation improvements, except monitoring, shall be completed and accepted by the Director of Community Development prior to submitting the final plat for final approval. In any event, all mitigation work shall be completed within six months from the time wetland or wetland setback areas are initially disturbed through related subdivision construction activity. d. The applicant shall pay for services of a qualified professional selected and retained by the City to review the wetland mitigation plan and other relevant information, conduct periodic inspections through the construction phase, issue a written report to the Director of Community Development stating the project complies with requirements of the mitigation plan, and to conduct and report to the Director on the status of the monitoring program. Prior to final plat approval, the applicant shall construct downstream drainage improvements identified in the "Preliminary Drainage Analysis" dated December 20, 1991 and prepared by Jaeger Engineering for the site, as required by the Public Works Director. In lieu of constructing these improvements, prior to final plat approvat the discretion of the Public Works Director, the applicant may pay �$60; 66 00 as their pro-rata contribution towards implementation of these imp veme . ✓ 6. All homes located within this subdivision shall be properly sound insulated to achieve a level of 45 Ldn within general habitable space and 40 Ldn within bedrooms, consistent with the Uniform Building Code and other regulations, as required by the Building Official. �s Mr. Robert Flitton April 8, 1992 Page 8 7. Any development within designated open space areas shall be designed and T constructed, as required by the Director of Community Development, to protect f and enhance wildlife habitat to the maximum extent feasible. This effort may J include but is not limited to re -vegetation and restoration of disturbed areas, retention and/or replacement of significant vegetation, and use of vegetation or other features which provide habitat for native wildlife species. Beyond required frontage improvements, the applicant shall construct Military Road South widened to 4 lanes with provisions for bicycles, sidewalks, signal modifications, illumination, street trees, and property acquisition from I-5 to South 288th Street, as required by the Public Works Director prior to final plat approv In lieu of constructing these improvements, prior to final plat approval and�at thief discretion of the Public Works Director, the applicant may pay99 $11,600 (corrected calculation error 5/l/92) as their pro-rata contribution implementation of these improvements. J�. Prior to final plat approval, Military Road South shall be paved from the north and south termini of the required right-of-way improvements abutting the site with tapers to match into the existing pavement improvements. The tapers shall be provided as approved by the Public Works Director. Prior to final plat approval, a north bound left turn lane on Military Road South at the intersection with South Star Lake Road shall be designed and constructed, as required by the Public Works Director. ,k 11. Prior to final plat approval, the applicant shall coordinate with the City and King County the modification of the signals at South 288th Street and South 272nd Street respectively, through adjustments in timing and phasing to mitigate the LOS F operations of the intersections, as required by the Public Works Director. L2., Prior to final plat approval, the applicant shall design and construct a traffic island r an _ signage at the intersection of South 284th Street/ Military Road South to route westbound traffic frcm South 284th Street right only onto Military Road South, as g y �y required by the Public Worms Director. 13. Prior to final plat approval, the applicant shall prepare and submit for approval and recording a Transportation Management Plan (TMP) that is acceptable to METRO and the City of Federal Way Public Works Director. EXHIBIT G M Mr. Robert Flitton April 8, 1992 Pac,e 9 A minimum ten foot wide paved or concrete pedestrian path shall be constructed from 23rd Court South to 22nd Avenue South prior to final plat approval, as required by the Public Works Director. The entire path shall be provided for general public use by means of dedication, easement or other acceptable mechanism. This MDNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 15 days from the date of issuance. Comments must be submitted by 5:00 p.m. on April 22 1992. Unless modified by the City, this- determination will become final following the above comment deadline. Any person aggrieved of the City's final determination may file an appeal with the City within 14 days of the above comment deadline. Contact Person: Greg Fewins, Senior Planner Phone: 661-4108 Responsible Official: Kenneth E. Nyberg Position/Title: Assistant City Manager/Director of Community Development Address: 33530 First Way South, Federal Way, WA 98003 Date issued: April 8, 1992 d3:sub91001.wp III. OFF SITE DRAINAGE ANALYSIS A. Off Site Runoff Entering Property There is an existing 18" concrete culvert under Military Road that discharges off site drainage onto the subject property from an area east of Military Road. This off site basin is primarily a portion of Ellenwood Manor and is approximately 20.17 acres as measured by planimeter. It is bounded on the east by a ridge line just east of 28 Ave. S, on the west by Military Rd., on the south by a ridge south of S. 284 St. and on the north by an 18" culvert. The entire area is residential development (RS 9600) with a yield of 4.5 DU/GA. The following SBUH hydrograph was assembled for this off -site basin and yielded a runoff flow of 5.66 CFS (2 yr.), 9.37 CFS (10 yr.), 11.28 CFS (25 yr.) and 14.10 CFS (100 yr.). Once entering the property, this drainage passes through an existing ditch and enters the existing onsite pond. It is proposed to allow this offsite flow to continue to pass through the pond to provide some primary treatment prior to entering the wetland area. However, this flow must bypass the proposed detention pond and the biofiltration swale as the magnitude of its volume would overwhelm them. Thus, an overflow weir assembly will be installed at the pond outlet to segregate the onsite flows from the offsite flow. The onsite flow contribution would be piped to the detention pond while the offsite flow portion would be channelled to the wetland receiving area. This weir assembly will consist of two type 2 catch basins, each with a sharp crested weir intake and discharge into the detention pond or wetland area. The length of the respective weirs will be sized to separate the pond discharge flows in the proportion of onsite flows vs. offsite, upstream contribution. The weir sizing calculations are detailed in section V of this report. Jaeger Engineering Heritage Woods Drainage Calculations Runoff Hydrographs for Off -site Flows from Military Rd. BASIN SUMMARY BASIN ID: X NAME: Off -site Resid. area, 2 yr SBUH METHODOLOGY TOTAL AREA.......: 20.17 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE....: USER1 PERVIOUS AREA PRECIPITATION....: 2.05 inches AREA..: 10.89 Acres TIME INTERVAL....: 10.00 min CN....: 86.00 TIME OF CONC.....: 17.69 min IMPERVIOUS AREA ABSTRACTION COEFF: 0.20 AREA..: 9.28 Acres CN..... 98.00 TcReach - Sheet L: 300.00 ns:0.1500 p2yr: 2.05 s:0.1000 TcReach - Channel L:1300.00 kc:42.00 s:0.0550 PEAK RATE: 5.66 cfs VOL: 2.22 Ac-ft TIME: 480 min BASIN ID: X1 NAME: Off -Site Resid area, 10 yr. SBUH METHODOLOGY TOTAL AREA.......: 20.17 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE....: USER1 PERVIOUS AREA PRECIPITATION....: 2.95 inches AREA..: 10.89 Acres TIME INTERVAL....: 10.00 min CN....: 86.00 TIME OF CONC.....: 17.69 min IMPERVIOUS AREA ABSTRACTION COEFF: 0.20 AREA..: 9.28 Acres CN..... 98.00 TcReach - Sheet L: 300.00 ns:0.1500 p2yr: 2.05 s:0.1000 TcReach - Channel L:1300.00 kc:42.00 s:0.0550 PEAK RATE: 9.37 cfs VOL: 3.57 Ac-ft TIME: 480 min BASIN ID: X2 NAME: Off -site resid area, 25 yr SBUH METHODOLOGY TOTAL AREA.......: 20.17 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE....: USER1 PERVIOUS AREA PRECIPITATION....: 3.40 inches AREA..: 10.89 Acres TIME INTERVAL....: 10.00 min CN....: 86.00 TIME OF CONC.....: 17.69 min IMPERVIOUS AREA ABSTRACTION COEFF: 0.20 AREA..: 9.28 Acres CN..... 98.00 TcReach - Sheet L: 300.00 ns:0.1500 p2yr: 2.05 s:0.1000 TcReach - Channel L:1300.00 kc:42.00 s:0.0550 PEAK RATE: 11.28 cfs VOL: 4.27 Ac-ft TIME: 480 min Jaeger Engineering Heritage Woods Drainage Calculations Runoff Hyd-rographs for Off -site Flows from Military Rd. BASIN SUMMARY BASIN ID: X3 NAME: Off -site Resid. area, 100 yr SBUH METHODOLOGY TOTAL AREA.......: 20.17 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE....: USER1 PERVIOUS AREA PRECIPITATION....: 4.05 inches AREA..: 10.89 Acres TIME INTERVAL....: 10.00 min CN....: 86.00 TIME OF CONC......: 17.69 min IMPERVIOUS AREA ABSTRACTION COEFF: 0.20 AREA..: 9.28 Acres CN....: 98.00 TcReach - Sheet L: 300.00 ns:0.1500 p2yr: 2.05 s:0.1000 TcReach - Channel L:1300.00 kc:42.00 s:0.0550 PEAK RATE: 14.10 cfs VOL: 5.30 Ac-ft TIME: 480 min i +� t o� �� 1 O J (l ''(Y P •� `� C]Yt r% b�=ian �mc+S3 �o.sa .a. (J 9c��(2�_� f F�'� oc-• �7 •(ram � � - 2 � � a4 ar` �'. - �C7 � 10 he , � C-u rv-o-- 1• c , r L.i 1 r �'r^ CL-1. I C. "Ji S i 4,9 4-, S Dv /c Pt - 44o °�a v-n qx-..I [c:,,j 5 (C-t l �•e�r�i t c�v S" r o D� E 1 I CLK— Y- �i f TGcaP YL!Z } U � 1 t + Ci-l-h Lam. -- -� L, = 3co Pt, la-k-ov)s � hs = „ slo� e- �_ a Io% 6) Lz= i3oD -� *• c� .► 1 , Ion (f, � �� te) ��V OD p1-pf- V � qrs ( KC- Z 1 1 II o �'�t7la File Basin Hydrograph Storage Discharge Level pool 3 5 1 1 SHEET FLOW CALCULATOR - INITIAL 300 FEET DES ARE RAI TIM TIM RAI ABS BAS STO PER ARE CN Mannings Sheet Flow.....: 0.1500 Flow Length (ft)........ : 300.00 2 yr 24 hr rainfall (in): 2.05 Land Slope (ft/ft)...... : 0.1000 COMPUTED TRAVEL TIME (min): 15.49 TYPICAL MANNINGS VALUES FOR INITIAL 300 FT Smooth Surfaces ................................... 0.011 Fallow Fields of Loose Soil Surface ............... 0.05 Cultivated Soil with residue cover (s<=0.2 ft/ft): 0.06 Cultivated Soil with residue cover (s>0.2 ft/ft).: 0.17 Short prairie grass and lawns ..................... 0.15 Dense grasses ..................................... 0.24 Bermuda grass ..................................... 0.41 Range (natural) ................................... 0.13 HOICES _M a PEA Woods or forest with light underbrush ............: 0.40 PEA Woods or forest with dense underbrush ............: 0.80 TO ?--+jF10Key: QUIT F5Key: CLEAR fete Pg1 -- 'it File Basin Hydrograph Storage Discharge Level pool DES ARE RAI TIM TIM RAI ABS BAST STO PER ARE CN CHANNEL FLOW CALCULATOR Flow Length (ft)...: 1300.00 Land Slope (ft/ft).: 0.0550 Kc, Velocity Factor: 42.0 COMPUTED TRAVEL TIME (min): 2.20 TYPICAL VELOCITY FACTOR VALUES Intermittent Flow - R=0.2 Forested swale w/ heavy ground litter (n=0.10).................: 5 Forested drainage course/ravine w/ defined channel bed (n=0.50): 10 Rock -lined (n=0.035)... : 15 Grassed (n=0.030)... : 17 Earth -lined (n=0.025)..: 20 CMP pipe (n=0.024)..: 21 Concrete pipe (n=0.012): 42 other........... 0.508/n Continous Flow - R=0.4 Meandering stream w/ some pools(n=0.040)........................ 20 Rock -lined stream(n=0.035)..................................... 23 PEA Grassed -lined stream(n=0.030).................................. 27 PEA Other streams, man-made channels and pipe .................: 0.807/n TOT T-lF10Key: QUIT F5Key: CLEAR Pg I - _ ' .72 �7. f IF S 28o1h Pt a '4 4)h Tie �7 ti 4, .sa' 'l 1~ o U R. S. ti 7 2 67 7 5USURSAN y . S. 'ESIDENTIAL --� S 282nd ST 4 24 I �— ti6 Q 7.2 / 2 L j 47 f 49 s a 293rd 5 T 44 % ♦O v 50 51 42 43 5' 53 y �37 y 3r •Oj 38 „( J S 2841h .ST 3.5 3Q /� r 31 1 32 3,; j 2q /9 / /8 27 26 25 24?3 22 � �� -E � 5 28141h F� 9/_6 "�gT�!,// f //4/5 6I /2 6 L A UREL WC OD NOR TH NO 3 VOL. 53, • PG. 59 422220 SUSURSAN RESIDENTIAL g �; s f w�v � L L s 2a2�d STREET 3 j 3 1 4 it 4 ti v f= f22�-s ITS /8 � PrR � / � PI /7 2841h• STREET / 1} 16 _ 16 15 to ' V CA '00 FIGU E Z OPFSiTE UPS-rRF—P, L,34,'41 is i' -At 7 Mi FPO MA -wT T7.1 oe zPZ "� X�r§ Vt 4. "'I AMY ,yamL a lls vY z A V r. 4t ks TE !", 2 v e5 77 T. d 40., •-W7 rr7 ICIA 7,z- 1 �6 w 11 x I " :I v. �l,'4ErR'rh�t� 7- '� . kr • IT , Ohl 0 AI'C - 14 o �mxvJ ti- * - 4tiK 2� B. Downstream Drainage The proposed development will collect the surface water runoff from the majority of the developed areas and direct it into the existing man-made pond. The existing runoff that enters the pond from the east of Military Road will also continue to flow into this pond. This pond will act as a wet pond, even though a wet pond is not required by the code. The pond overflow will be split between the onsite portion and the upstream offsite flows from under Military Rd. The onsite portion will be piped into a detention storage pond and then a grass -lined biofiltration swale. The swale outlet will be overflow that empties into the onsite wetland area near the north property line. The offsite portion will bypass the detention pond and the bio-swale and be piped directly to the wetlands. A large wetland just north of the property and Star Lake Road, will ultimately be the recipient of any smaller wetland overflows, groundwater surcharges or emergency overflows. All of these wetland areas have an outlet to the northwest through a series of poorly defined ditches and swales. There are several driveway culverts, some which appear to be undersized but equipped with a low driveway dip to accommodate overflows. There are additional intermittent wetland areas along this route to the northwest. About 500 ft. northwest of the project is the existing Scarborough Div. 1 residential development. An existing, small ditch flows northeast along the edge of this subdivision and apparently carries the overflow from all of the wetland basins. This ditch terminates into a pipe which is connected to a storm drainage system along Star Lake Rd. It is not known where the Star Lake Rd. system flows, except that it drains to the northwest. The system appears to be comprised of 18 inch pipe and type 2 catch basins. There is an apparent existing flooding problem near the intersection of Star Lake Rd. and S. 272 St. Condition #6 within the MDNS specifies that the developer may pay a fee in lieu of constructing any downstream drainage improvements. This fee alternative will be selected by the developer. n / r n ' l � r q � DON DO #� 14 N EIGHTS L LLL ' 24 �J. z �% 14 1 AN • .•� rLi 2Q 42 3��'c (, �o `� V eo> >�'� 18 1 \ rS '— �' S s f8 $ T. 45 $ 47 61 60 P}PE.3j 35 so� • yo�r�r/`I ` fi ��` 453! ,y j S 44a _ ��, t b�� ' g !628I°' 191� ; rr4•7 5+I s 29 42 49 �a 1. t., Z� Gd.9C I 14jz� �� r 15 �1c tidtE I y�� 55 14� 3Q 4�� SQL �'3s Tm� 13 ' 4Q 51 ,pµ } 56 22 62.f , " 12 J Sys `♦ ; �as.zb � 21 FZ q 12 i47 56 Y 32 39 �y� 'fo 54 g941' 4` A19 21 `h $ ,r `+ L ¢ Z5 y 13 w 53 w ti C JOIN 1 33 N A34 M3fi m if3 ' 34 ��37 �g9 r U7 �� J�!✓ / gyp . .F5 -lie r !s6 iG }ti U 10, � � 4 o A9 " fs �� ct7 an� g � � � �a 8 ;,►y,�"1 V wa 2 79 .C1Aff T.L.89 r r 7 �Q 78 � ) Oil. i 77 •1.�5 T )M6, • E'�7 Sig G'S �hIETL ANjc� �yPi 4` �1g CXnl' 72 �Q r 71 W ET- }'d' A god ' SITEvip, �•.f gig- ''�=' ' D ET. r : � '� • 6A ao , J AgC I gL 41 T T' A K 3 lr AgC 270 5- AgC cb 1% ku 4- p .11 E-C �AMC 4 2 AmC•• A go 540 "L n[hF. Tu AmC t 21 A :1. ii4i WoWrnont ler .:r4 1, . . V h _._ o. . . - OUARRY 7 . —1 T mB 54. 4, Woodmont B ac E AaB •S Ajake .,AgS s 4no k •RO.UVDARY ST, 'AgD Sm f J_ ir - 377 V_E R T Y B A Y.- fQ :J .90 C_ EvC S'12 •A&B Re undo A AkF AS wc .; '11�9____ AgC Arn(;. Rese ir I NKPB J4 28 S7, _.AkF 219 Cb cc Inc Inc Na EVC I Par fnC Kpa or t6 r 'AmB AkF •/ ti Ag A,, KpC AgC B Sme tvk3 AmC AgS AkF LIT \j Plo .... .. IAMC AmB High Ste -Lake P1 1 pf or Ags Twater wr 1$2774 41 IN F • WAY P�i Am B Z 'SL9 AgCr. ABC ]firm L.Wlt_w'_ As�B IV. DETENTION ANALYSIS AND DESIGN A. Existing Site Hydrology 24 The existing site is undeveloped and is basically 67% forested and 33% rolling meadow. There is a ridge that runs north/south near the southern portion of the property. The large majority of the existing site runoff flows to the north and east. It is intercepted by Military Road or by the existing large (1 acre) pond in the north part of the property. The extensive network of wetlands north of the property is the ultimate destination of all this runoff. However, the earlier mentioned ridge causes a small portion of the onsite runoff to flow westerly, into neighboring yards within the Laurelwood North subdivision. Most of this drainage is also channeled toward the north via the storm drainage piping network within that subdivision. This flow will be diverted away from these yards and into the pond system. There is a significant amount of runoff that enters the northern portion of the property via an 18" culvert under Military Road. This drainage flows through a short ditch and into the existing pond. The peak rates are calculated in section III of this report. The predeveloped peak rate flows were calculated using the SBUH hydrograph method as outlined in the 1990 King County SWM Manual. The analysis was performed using the "Waterworks" hydrology software that was developed locally in conjunction with the King Co. Manual. The determination of the input data for the predeveloped site hydrographs is detailed on the following calculation sheets. The predeveloped basin area includes the Military Road ROW (entire width) along the property's.frontage. It does not C include the existing onsite area that drains to the west. It U �( also does not include the open space tract C that is passive )open space, generally wetlands, because this area will not be developed and will not be collected by the future conveyance system. The hydrograph summary sheets are shown for the peak rate 2 year and 10 year storms. The time of concentration calculation sheets are also shown (computer calculated). Finally, a basin map showing the predeveloped conditions, including the critical distances for time of concentration calculations, is included. i3l p3-c Ici_ � Tc G sTe reo. 1 41, 9 aces . 2 5 S uoesl C-OrYl 1� 0- --Q 0�. Or 2.1�`\� `f L.1'r ; t 4 , l -es s Trc cfi C C - 1, TF (+a re a�Y, 4� not �i ui �n I'7 ems, Qrojze Ck� L`,U Rol E U M G �i\S 1� Pp i x • 2�3 -t Y 1 e_ o-r-e o- ! C. (Tail e �o j � •�D.. �3� � 7A, 5Z ��1�� s �- 3,SE! -(OA I }D,44} 0,73 0'°.3� f,xuZ ��'��w ►cd�.' ,� r 2 � s—•, + �oC �s�->r 4o CS�� = o , 4 I BSc. of , S• �'-�T'�'r,� � r-�ue l ��'❑�na' ��._�r^ . {�' r 'fM1CI, i t �1r�'r,� �cQ ' i -7, �� \ st- n �� p , .' ice- • G1� r; '� i 20.5Z �fc CN = (?,)s ' �,,c h� 1 a ?-Ira v eA) . 1-7 ii 34 Cyr. C. Tr0 12 c ii 1 L> 8 I\ '" i :-� ! 5 6 ��, ro eoLCD113w S��•�' � 5 1 3 r '-� � = S , 33 Y15 (ma c 10 = O. Z4 (Talle 3.5, Z c TC� 1 SOSt wo ,7 4-,70: S, 4 Soo y -7 � 1 c z - M V� , see C.a�rn �,'Le r iti-�`" ) Soo I Tc 3 U .37 m k Y, q-Z , S'5 ram' •-\ Z,co t 2.05 in, 2 • 9 S In, CfYLT { { TG_. D (e.%a GAS �i� -i a � F Ufa �� y }ry �rT•P , result 5ka. , i 8/21/94 Jaeger Engineering Heritage Woods Runoff hydrographs Predeveloped Conditions --------------------- BASIN SUMMARY BASIN ID: P10 NAME: Pre -developed, 10 yr. SBUH METHODOLOGY TOTAL AREA.......: 33.51 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE....: USER1 PERVIOUS AREA PRECIPITATION....: 2.95 inches AREA..: 30.63 Acres TIME INTERVAL....: 10.00 min CN....: 82.32 TIME OF CONC.....: 42.55 min IMPERVIOUS AREA ABSTRACTION COEFF: 0.20 AREA..: 2.88 Acres CN..... 94.34 TcReach - Sheet L: 300.00 ns:0.2400 p2yr: 2.05 s:0.0533 TcReach - Shallow L: 500.00 ks:5.00 s:0.0540 TcReach - Shallow L: 500.00 ks:3.00 s:0.1900 PEAK RATE: 6.70 cfs VOL: 4.03 Ac-ft TIME: 490 min BASIN ID: P2 NAME: Pre -developed, 2 year SBUH METHODOLOGY TOTAL AREA.......: 33.51 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE....: USER1 PERVIOUS AREA PRECIPITATION....: 2.05 inches AREA..: 30.63 Acres TIME INTERVAL....: 10.00 min CN....: 82.32 TIME OF CONC.....: 42.55 min IMPERVIOUS AREA ABSTRACTION COEFF: 0.20 AREA..: 2.88 Acres CN..... 94.34 TcReach - Sheet L: 300.00 ns:0.2400 p2yr: 2.05 s:0.0533 TcReach - Shallow L: 500.00 ks:5.00 s:0.0540 TcReach - Shallow L: 500.00 ks:3.00 s:0.1900 PEAK RATE: 3.00 cfs VOL: 2.13 Ac-ft TIME: 490 min page 2.8 Z1� IDES ARE 1RAI TIM TIM RAI EABS Basin Hydrograph Storage Discharge Level pool SHEET FLOW CALCULATOR - INITIAL 300 FEET Mannings Sheet Flow.....: 0.2400 Flow Length (ft)........ . 300.00 2 yr 24 hr rainfall (in): 2.05 Land Slope (ft/ft)...... : 0.0533 COMPUTED TRAVEL TIME (min):! 9 01 TYPICAL MANNINGS VALUES FOR INITIAL 300 FT IBASISmooth Surfaces ................................... 0.011 ISTOjFallow Fields of Loose Soil Surface ..............: 0.05 f }Cultivated Soil with residue cover (s<=0.2 ft/ft): 0.06 PER Cultivated Soil with residue cover (s>0.2 ft/ft).: 0.17 DARE Short prairie grass and lawns ..................... 0.15 CNDense grasses ..................................... 0.24 Bermudagrass ..................................... 0.41 Range (natural) ................................... 0.13 PEA Woods or forest with light underbrush ............: 0.40 PEA Woods or forest with dense underbrush ............: 0.80 TOT ?-IF10Key: QUIT F5Key: CLEAR 10 pg ! _ - -- File Basin Hydrograph Storage Discharge Level pool DES ARE RAI TIM TIM RAI ABS BAS STO PER ARE CN INPUT, MODIFY OR BROWSE DATA HOICES A Y TG :te fit SHALLOW CONCENTRATED FLOW CALCULATOR Flow Length (ft)... : 500.00 Land Slope (ft/ft).: 0.0540 Kc, Velocity Factor: 5.0 COMPUTED TRAVEL TIME (min): 7.17 TYPICAL VELOCITY FACTOR VALUES - R=0.1 Forest with heavy ground litter and meadows (n=0.10).: 3 Brushy ground with some trees (n=0.060)..............: 5 Fallow or minimum tillage cultivation (n=0.04)....... : 8 TC Z -High grass(n=0.035).................................. 9 Short grass, pasture and lawns (n=0.030).............: 11 Nearly bare ground(n=0.025)......................... . 13 Paved and gravel areas (n=0.012)...................... 27 PEA PEA F10Key: TOT T-1 HOME END Pgup Pgdn QUIT F5Key: CLEAR F1:Find F2:New F3:Get F4:Tc-Calc F5:Delete F6:Compute F7: F8:Method F9:Template F10:Exit 1 File Basin Hydrograph Storage Discharge Level pool INPUT, MODIFY OR BROWSE DATA DES SHALLOW CONCENTRATED FLOW CALCULATOR ARE RAI Flow Length (ft)...: 500.00 TIM Land Slope (ft/ft).: 0.1900 TIM RAI Kc, Velocity Factor: 3.0 COMPUTED TRAVEL TIME (min): 6.37 ABS TYPICAL VELOCITY FACTOR VALUES - R=0.1 BAS STO Forest with heavy ground litter and meadows (n=0.10).: 3 Brushy ground with some trees (n=0.060)..............: 5 T tillage 8 G PER Fallow or minimum cultivation (n=0.04)....... : I ARE High grass(n=0.035)................................. . 9 CN Short grass, pasture and lawns (n=0.030).............: 11 Nearly bare ground(n=0.025).......................... 13 Paved and gravel areas (n=0.012)...................... 27 PEA PEA F10Key: QUIT F5Key: CLEAR TOT ?-1 HOME END Fl:Find F2:New F3:Get F4:Tc-Calc F5:Delete Pgup Pgdn F6:Compute F7: F8:Method F9:Template F10:Exit ��I -Q-\1 , 1 C i. A L: Zoo �] — 4 7� c 35 Soo 37 \ �.. _ It SCALE 1" • 300' }y 34 70o y a o qpo 8S \1 L 3 Sock _ � U• n- I �•1 i � � (` (} .'. � 'J l lid'. ¢l •r :c•'' f ' CIRAYHIC SCALE r r r�; Ye 10 T 28 83 81 , �41 s� . ( Tc s a ��•— ti sA $° 4326 86 fs 7cYI 7 49 r• ? 74 78 45 cm 73 7 I �ri J ter• :,�%,e � �' fir 20 19 ol 89 10.4 4p \ jAAAAAA�ff�ff .18 4vO /r r 1 TRACT -A \ \ l I \ L.:.+: I , 7 { 17 I ♦ S°7 L� 'Z- 64 �lof ,$ 1 SLN] 109 52 r 1 � � + 14 ss 5 MAL, .�, ♦ 613 � r 94 r 98 1 110 1 96 pp I s• . �� c N� B. Developed Site Hydrology 32 The developed site drainage system will consist of a conveyance system, detention facility and water quality treatment facilities. The conveyance system includes catch basins, pipes, ditches and roadside gutters. The detention pond will collect and detain all onsite flows. The existing pond will act as a wetpond and a biofiltration swale will be provided prior to discharge from the site. Two weirs will be installed in the existing pond to segregate the offsite flow from the onsite flow. The onsite portion will be directed into the detention pond while the offsite flow will bypass it. The developed project's peak flows will be calculated in the same manner as the predeveloped flows. The SBUH hydrograph method will be used through the Waterworks software. The peak developed flows were calculated for the 2, 10, 25 and 100 year storm events. The following calculation sheets show the input data for the hydrograph production. The basin area is the same as the predeveloped condition except it now includes the 8.57 acres in the southwest corner that previously flowed to the west. These lots will be graded and will be part of the basin that drains into the pond. Again, the Military Road ROW is included in the basin area. The amount of pavement for Military Rd. was calculated using the current lane configuration approved by the City. The developed time of concentration was determined using the actual travel time in the pipe network plus the sheet flow time across the uppermost lot in that pipe run. The pipe travel time was taken directly form the conveyance system sizing tables in section V. The uppermost lot sheet flow (Tract_A) was__calculated using the SCS TR-55 method, performed by the computer (this is the 1990 SWM manual method). are: A comparison of the existing and developed peak flows 2 year exist: 3.00 CFS, dev: 8.68 CFS 10 year exist: 6.70 CFS, dev: 15.30 CFS 3:J m 0 2 'wig i i 1 TL-c,.I o�,sT� i Fo- i. QC,� }v �►-ed� ev , car �� ' eC-1c� , h c- 43 . cb3 - I ,5 4z .043 r`} e- ol.u'p- �Cl fSe -Q CtV-eck- 1:y 10--ir *,�-r ccw sc +�� West W-pe� (8.57 h 1. Hlcl 3LoQc\C- S-D(l ( Y-our C C50. os �reo�F,.r. 3bl C 1 c� c� � c oo � c� C�-►--Q a..� 1 a arec� = q-Z.�$ - (.°13 = 40 S Rc , Tr S A.I b nov,-,et-- c7 ! } ��— 1 ----D1=�1 t✓LD =;= �✓ c-ON�' E M �/7 i rn Tro�$s (� � t��o�van SP0.c�. Civ..ywn� �• ;' I +- C{a.21 = 8.�}; F�c. c-oF•�1,= I Tyr D (4y �GR V+ = �0. Cam.T�� C C�� /_ I A- �� e c", v Tj�e �yre 2. Th l5-U'-nY c 2.5 , 7Cr 3 rc V mOs� D� �•� , �i S m 1't\ , Tr- I a U� C ? IS Z4c7 24D 4 � r ��o�e c� �•G �� o �-nc¢ ' Tr _ , 33 - CQ,3 + Z2.55I = ZS, 506 rn; Im DJE�Q , co NID, . (Go T) 1�s cis cr-S Cre� � Gcmr�Pu�e-r h��'�orn.ph Y'2Su�fi Sh�.�� 8/21/94 Jaeger Engineering page 5{0 Heritage Woods Runoff hydrographs Developed Conditions BASIN SUMMARY BASIN ID: D10 NAME: Developed, 10 yr. SBUH METHODOLOGY TOTAL AREA.......: 42.08 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE....: USER1 PERVIOUS AREA PRECIPITATION....: 2.95 inches AREA..: 28.96 Acres TIME INTERVAL....: 10.00 min CN....: 85.20 TIME OF CONC.....: 25.58 min IMPERVIOUS AREA ABSTRACTION COEFF: 0.20 AREA..: 13.12 Acres CN..... 98.00 PEAK RATE: 15.30 cfs VOL: 6.74 Ac-ft TIME: 480 min BASIN ID: D100 SBUH METHODOLOGY TOTAL AREA........ RAINFALL TYPE....: PRECIPITATION....: TIME INTERVAL....: TIME OF CONC.....: ABSTRACTION COEFF: NAME: Developed, 100 yr. 42.08 Acres BASEFLOWS: 0.00 cfs USER1 PERVIOUS AREA 4.05 inches AREA..: 28.96 Acres 10.00 min CN....: 85.20 25.58 min IMPERVIOUS AREA 0.20 AREA..: 13.12 Acres CN..... 98.00 PEAK RATE: 23.96 cfs VOL: 10.25 Ac-ft TIME: 480 min BASIN ID: D2 SBUH METHODOLOGY TOTAL AREA........ RAINFALL TYPE....: PRECIPITATION....: TIME INTERVAL....: TIME OF CONC.....: ABSTRACTION COEFF: NAME: Developed, 2 year 42.08 Acres USER1 2.05 inches 10.00 min 25.58 min 0.20 PEAK RATE: 8.68 cfs VOL: 4.03 BASEFLOWS: 0.00 cfs PERVIOUS AREA AREA..: 28.96 Acres CN..... 85.20 IMPERVIOUS AREA AREA..: 13.12 Acres CN..... 98.00 Ac-ft TIME: 480 min 8/21/94 Jaeger Engineering page 3-7 Heritage Woods Runoff hydrographs Developed Conditions BASIN SUMMARY BASIN ID: D25 NAME: Developed, 25 yr. SBUH METHODOLOGY TOTAL AREA.......: 42.08 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE....: USER1 PERVIOUS AREA PRECIPITATION....: 3.40 inches AREA..: 28.96 Acres TIME INTERVAL....: 10.00 min CN....: 85.20 TIME OF CONC.....: 25.58 min IMPERVIOUS AREA ABSTRACTION COEFF: 0.20 AREA..: 13.12 Acres CN..... 98.00 PEAK RATE: 18.79 cfs VOL: 8.16 Ac-ft TIME: 480 min File Basin Hydrograph Storage I SHEET FLOW CALCULATOR - DES ARE'. RAI TIM' TIM RAI ABS BAS STO PER ARE CN Discharge Level pool INITIAL 300 FEET Mannings Sheet Flow.....: 0.1500 Flow Length (ft)........ . 240.00 2 yr 24 hr rainfall (in): 2.05 Land Slope (ft/ft)...... : 0.0250 COMPUTED TRAVEL TIME (min):. �22-55 TYPICAL MANNINGS VALUES FOR INITIAL 300 FT SmoothSurfaces ................................... 0.011 Fallow Fields of Loose Soil Surface ............... 0.05 Cultivated Soil with residue cover (s<=0.2 ft/ft): 0.06 Cultivated Soil with residue cover (s>0.2 ft/ft).: 0.17 Short prairie grass and lawns ..................... 0.15 Densegrasses ..................................... 0.24 Bermudagrass ..................................... 0.41 Range (natural) ................................... 0.13 HOICES IIV WA PEA Woods or forest with light underbrush ............: 0.40 PEA Woods or forest with dense underbrush ............: 0.80 TOT T-►iF10Key: QUIT FSKey: CLEAR �ete pgj - it (L)fFP-y- f-n o st cls� TC ' ZZ ASS 4 C. Hydrologic Analysis 39 Detention Storage will be provided for all onsite flows ,,c and Military Rd. improvements. The offsite drainage contribution from the east will be routed around the detention pond. The storage volume will be located within an VI0- excavated pond. The volume will be determined using the predeveloped and developed hydrographs for the 2 year and 10 year storms. Each storm event will be checked independently so that the developed system peak discharge does not exceed the predeveloped peak discharge for each storm. The SBUH hydrograph method will be employed as outlined in the County Manual. The computations and hydrographs will be generated using the "Waterworks" software program. The detention pond will be a two cell pond and have 3:1 side slopes. A 130% sizing factor will be applied as specified by the code. An emergency spillway and 12" freeboard (to 10 yr. design water surface) will be incorporated. An orifice type flow restrictor riser will be situated at the pond discharge. The riser will have 5 orifices. The following computer data sheets provide information on the storm hydrographs, pond, flow restrictor and level pool analysis. The resultant pond discharge rates are: 2 year: 2.91 CFS 10 year: 6.18 CFS D. Detention System 3.00 CFS (allowable) 6.70 CFS (allowable) The detention pond was sized by routing the developed 2 year and 10 year hydrographs through an identified pond and orifice structure. Those structures and the resultant level pool analysis is shown on the following computer summary sheets. The calculated pond size (174' x 28' bottom) is a preliminary size. These bottom dimensions must be increased due to the volume of the dividing berm, access road ramps and the 130% safety factor. A pond size calculation sheet reveals the finished bottom dimensions of 192' x 401. The 10 year maximum water level was calculated to be 368.75 ft. The pond top elevation is 370.0 ft. which provides a 1.25 ft. freeboard. As required by the KC Code, a redundant overflow facility is provided, in addition to the weir overflow. File Basin Hydrograph 3 Storage Discharge Level pool - Jaeger Engineering 2 ROUTING COMPARISON TABLE MATCH INFLOW STO DIS PEAK DESCRIPTION PEAK PEAK ------------------- No. No. STG 2 year 3.00 8.68 1 1 366.99 10 year 6.70 15.30 1 1 368.76 ______====>Done<====_______= F10 to Exit PEAK OUT OUT HYD 2.91 10 6.18 11 Available Memory remaining: 170040 bytes Current Data Set Name: \EMERPARK.bsn 8/21/94 Jaeger Engineering page 1 Heritage Woods Level Pool Analysis Detention Storage LEVEL POOL TABLE SUMMARY MATCH INFLOW ST DI <-PEAK-> STORAGE <-------- DESCRIPTION --------- > (cfs) (cfs) id id <-STAGE> id VOL (cf) 2 year ....................... 3.00 8.68 1 1 366.99 10 40921.67 10 year 6.70 15.30 1 1 368.76 11 64312.49 H File Basin Hydrograph Storage Discharge Level pool J2 Rectangular vault Trapezoidal basin Underground pipe TRAPEZOIDAL BASIN STORAGE STRUCTURE ID: 1 Name: Detention Storage Length........... 174.00 Length Sslope 1: 3.00 Length Sslope 2: 3.00 Infiltration Rate..: 0.00 Starting Elevation.: 362.00 Max Elev of Basin..: 369.00 Stage-Sto Increment: 0.10 Structure Vol (cf).: 67914.00 Ac-ft.: 1.56 Width........... 28.00 Width Sslope 3: 3.00 Width Sslope 4: 3.00 PGUP PGDN F3: Get F6: Delete F10: Exit Av Current Data Set Name: \EMERPARK.bsn File Basin Hydrograph Storage Discharge Level pool MULTIPLE ORIFICE DISCHARGE STRUCTURE ID: 1 Name: Flow Restrictor Peak Dsgn Release Rate: 6.70 cfs Orif /flow/elev Orifice Coefficient...: 0.62 Dia (in)/cfs/ ft Lowest Orifice Dia (in)... 3.44 3.44 0.87 cfs h1: Outlet to 2nd Orifice: 2.35 363.75 ft Second Orifice Dia (in)... 4.25 4.25 1.10 cfs h2: 2nd to 3rd Orifice...: 1.55 365.30 ft Third Orifice Dia (in)..: 6.00 6.00 1.82 cfs h3: 3rd to 4th Orifice...: 1.90 367.20 ft Fourth Orifice Dia (in)..: 6.00 6.00 1-22 cfs h4: 4th to 5th Orifice...: 0.10 367.30 ft Top Orifice Dia (in)..: 6.00 6.00 1.18 cfs Elevation of Lowest Orifice....: 359.40 Outlet Elevation ................ 361.40 Max Elev Above Outlet........... 368.76 Stage-Disch Increment........... 0.10 AV IPGUP PGDN Cu F3: Get F6: Delete F10: Exit 8/21/94 Jaeger Engineering page 42 Heritage Woods Stage -Discharge Table Flow Restrictor STAGE DISCHARGE TABLE MULTIPLE ORIFICE ID No. Description: Flow Restrictor Outlet Elev: 361.40 Elev: 359.40 ft Orifice Elev: 363.75 ft Orifice 2 Elev: 365.30 ft Orifice 3 Elev: 367.20 ft Orifice 4 Elev: 367.30 ft Orifice 5 1 Diameter: 3.4400 in. Diameter: 4.2500 in. Diameter: 6.0000 in. Diameter: 6.0000 in. Diameter: 6.0000 in. STAGE <--DISCHARGE --- > STAGE <--DISCHARGE --- > STAGE (ft) --- CfS--------- (ft) --- CfS--------- (ft) 361.40 0.0000 363.30 0.4426 365.20 361.50 0.1015 363.40 0.4541 365.30 361.60 0.1436 363.50 0.4654 365.40 361.70 0.1759 363.60 0.4763 365.50 361.80 0.2031 363.70 0.4870 365.60 361.90 0.2271 363.80 0.6071 365.70 362.00 0.2487 363.90 0.6976 365.80 362.10 0.2687 364.00 0.7629 365.90 362.20 0.2872 364.10 0.8177 366.00 362.30 0.3046 364.20 0.8662 366.10 362.40 0.3211 364.30 0.9104 366.20 362.50 0.3368 364.40 0.9514 366.30 362.60 0.3518 364.50 0.9899 366.40 362.70 0.3661 364.60 1.0264 366.50 362.80 0.3800 364.70 1.0611 366.60 362.90 0.3933 364.80 1.0944 366.70 363.00 0.4062 364.90 1.1264 366.80 363.10 0.4187 365.00 1.1573 366.90 363.20 0.4308 365.10 1.1872 367.00 <--DISCHARGE --- > STAGE <--DISCHARGE --- > --- CfS--------- (ft) --- CfS--------- 1.2162 367.10 2.9745 1.2444 367.20 3.0304 1.5808 367.30 3.3941 1.7356 367.40 3.8846 1.8599 367.50 4.1633 1.9682 367.60 4.3959 2.0662 367.70 4.6023 2.1567 367.80 4.7910 2.2413 367.90 4.9666 2.3214 368.00 5.1319 2.3976 368.10 5.2888 2.4705 368.20 5.4388 2.5406 368.30 5.5827 2.6082 368.40 5.7215 2.6736 368.50 5.8556 2.7371 368.60 5.9856 2.7988 368.70 6.1120 2.8588 368.76 6.1862 2.9173 3/26/94 Jaeger Engineering page 4-3 Heritage Woods Stage -Storage Table Detention Storage TRAPEZOIDAL BASIN ID Description: Detention Length: 174.00 ft. Side Slope 1: 3 Side Slope 2: 3 Infiltration Rate: 0. STAGE <---- STORAGE ---- > (ft)---cf-----Ac-Ft- ----------------------- ----------------------- 362.00 0.0000 0.0000 362.10 493.27 0.0113 362.20 998.74 0.0229 362.30 1516 0.0348 362.40 2047 0.0470 362.50 2589 0.0594 362.60 3144 0.0722 362.70 3711 0.0852 362.80 4292 0.0985 362.90 4884 0.1121 363.00 5490 0.1260 363.10 6108 0.1402 363.20 6740 0.1547 363.30 7384 0.1695 363.40 8041 0.1846 363.50 8712 0.2000 363.60 9396 0.2157 363.70 10093 0.2317 STAGE STORAGE TABLE No. 1 Storage Width: 28.00 ft_ Side Slope 3: 3 Side Slope 4: 3 00 in/hr STAGE <---- STORAGE ---- > (ft)--- cf--- --Ac-Ft- 363.80 10803 0.2480 363.90 11527 0.2646 364.00 12264 0.2815 364.10 13015 0.2988 364.20 13779 0.3163 364.30 14557 0.3342 364.40 15349 0.3524 364.50 16155 0.3709 364.60 16975 0.3897 364.70 17808 0.4088 364.80 18656 0.4283 364.90 19518 0.4481 365.00 20394 0.4682 365.10 21284 0.4886 365.20 22189 0.5094 365.30 23108 0.5305 365.40 24042 0.5519 365.50 24990 0.5737 STAGE <---- STORAGE ---- > STAGE <---- STORAGE ---- > (ft)---cf--- --Ac-Ft- (ft)--- cf--- -- Ac-Ft- 365.60 25953 0.5958 367.40 45869 1.0530 365.70 26930 0.6182 367.50 47124 1.0818 365.80 27923 0.6410 367.60 48395 1.1110 365.90 28930 0.6641 367.70 49682 1.1405 366.00 29952 0.6876 367.80 50985 1.1704 366.10 30989 0.7114 367.90 52304 1.2007 366.20 32041 0.7356 368.00 53640 1.2314 366.30 33109 0.7601 368.10 54992 1.2624 366.40 34191 0.7849 368.20 56361 1.2939 366.50 35289 0.8101 368.30 57746 1.3257 366.60 36402 0.8357 368.40 59148 1.3579 366.70 37531 0.8616 368.50 60567 1.3904 366.80 38675 0.8879 368.60 62003 1.4234 366.90 39835 0.9145 368.70 63455 1.4567 367.00 41010 0.9415 368.80 64924 1.4905 367.10 42201 0.9688 368.90 66411 1.5246 367.20 43408 0.9965 369.00 67914 1.5591 367.30 44631 1.0246 369.00 67914 1.5591 IN C. Lim )-,nd 5t ze-- v-e4,u � ej ec rJ v� t u Y`f,.e, rPC? �J t��ci C) I�\j Poo r � t r Zg b 7h�f/) o tFr,-P , {-per �� mw� • ua 1.0-v eO ; 3 cod . 75 r >jj 130% -Pe-�,f -�c� c o r in Pc-oc--o ; I , n bo Jvrr, p `r,St c< r 17 4- f x (2,c6 ( 1 ` 3� 4 kv t dj-,r- 'DP-rYr, vo L v cam, ois L� I l C� ��n (top) (64*:M) rw tv�n 3. N2w 6oi'crn oQLMe�n3'lcsY.S r 110 I� dLsPlac� �tu� -{ o o-cc-ez-s rpoj s eaa-i- cal I 20' k 3 4 ` }c 1. Zt5(� c2xSD 1=7 cp t I = Z3 So FT3 4• cJcQ 235o I Z r 5, N 6o��,��,� qZ x 90' f'Ro�. 0 P--",<i � I l Ivy PO tJv uj P—: A L S I Z., 11�! 11 l •,ci 7- c�l:� +DE`ex�`If`l©r- � t-�n - ., �•J �c•s, , vti a �nq- r O T��`'� `j �-�r1 e� S�Te. -pi o -o-� 0-re r c Y.' n S,L G SCoLIP crr 0,L- I- 10 3-7 ZS' r. 100Z� 11,u3 0, to O' I00 �r. Z3gLo 14,I0 0,5q (. Lse. 6{-r-1 wQ.trr erne u�� a-n �� I`tg0 5wm � � ( cbr\gL�"A- = C (L_ CO, z H) H 3'2- c�I✓5 Z �-1 mcA-k, r�sP jr QG ve-I rvac^ e.V�nrt 5i�� 5 H = C373,Z l,o fm F H c Q� = zs .9(0 c.F5 I ? [ DTI = 1-7 C�3 A -+ Df F r 24- D r FA f, rr L1� C_Gc,l ry r m r_ i C L I JD r LQjr�eV� -Pe Y- Lo +D Lpei4&m (61-fcz-s 2 - L= 4, iD Len, '" CS°`m 05 -�low rc,�as ACING COUNTY, WA'�HINGTON, SURFACE WATER DESIGN MANUAL where A = area of orifice, ft2 C = 0.62, coefficient of discharge (for plate orifice) h = hydraulic head in feet r" g = 32.2 ft/sec2 Figure 4.4.7A illustrates this simplified application of the orifice equation. Note the rigorous equation for computing flow. FIGURE 4.4.7A SIMPLE ORIFICE C a 0 = CAb f2ghb + CAS ZTT p =C"fg(Ablhb+At"N WS h,, = distance from hydraulic grade line at the 2 year flow of the outflow pipe to the overflow elevation The diameter of the orifice is calculated from the flow. The orifice equation is often useful when expressed as the orifice diameter in inches: dia =�F� Q F where h = hydraulic head (in feet). Q = flow in cubic feet per second.. Rectangular. Sharp Crested Weir: The notch weir design shown in Figure 4.4.7E may be analyzed using standard weir equations for the fully contracted condition. FIGURE 4.4.7B NOTCH WEIR le— �uE41e. p � i:15GY Ared behyeg A2 fle- rpeir mo*y - G2 W _ Ffrcie+rf'-ln �c3s �rrx 4 0 Q = C(L - 0.2H)H"'cfs Sior- naFh/ where C = 3.27 + 0.40 H/P (in feet). L = Length of the portion of the riser circumference as necessary (in feet), not to exceed 50% of the circumference. H&P as shown above D = Inside riser diameter. Note that to account for side contractions, subtract 0.1 H from L for each side of the notch weir. 4.4.7-2 11/92 TYPE-// 60"i , RESTRICT EV. 371.0 .EV, 361.4 7A/L SHEET 6 a+� fl f OeLP 4 - 60 EL. 3S4 2J Ll OAD cCEs RFROAD T A wDTN 15, WIDE MAINTENANCE 6:11. S BO7T0 W OF POND 1% ' OQK OR ERED. APPROVED 6" MIn. DEP �• GRA EL MAY 6F EQUAL1. �• 372. ' • 371 J7 O ' %WL. 36V.75 368.0 ' 367.0 366 0 365.0 364.0 363.0 J62.0 79' O INV.. 362.0 79* ,i62, o J63.0 J64.0 365.0 J67.0 368 T.W.L O.F. 372.2—Wl rt O.F. 373.2 ox.1 WEIR L. TAP OF 60ERM ELEVAT/aw 370.0 36 0 J6 .O - 366.0 /5' WIDE M,p INTENANCE " - ass o _ J64.0 ACCESS ROAD - q _ 48"o C.B. IS CAGE OVERFLOW ELEV. /8"s OUTLET EL. m a / INV. 358.8 ROCK CHECK / DAM (TYPJ EL. 359.9 / � m -j , L3 55' OF 181 t of 15.50x'# L i rr r r = E. Existing Pond All flows from the proposed development and the offsite flows from east of Military Rd. will pass through the existing pond for primary settling treatment. The volume of this pond is calculated to be 148,676 Cu. Ft. (see calcs. on following page), or 3.41 acre-ft. The entire volumes from the developed 24 hour storms and subsequent residence times within the ponds are as follows: STORM ONSITE OFFSITE TOTAL RES.TIME 2 year 3.87 ac-ft. 2.22 ac-ft. 6.09 ac-ft. 13.44 hour 10 year 6.33 ac-ft. 3.57 ac-ft. 9.90 ac-ft. 8.27 hour 25 year 7.61 ac-ft. 4.27 ac-ft. 11.88 ac-ft. 6.89 hour 100 year 9.49 ac-ft. 5.30 ac-ft. 14.79 ac-ft. 5.53 hour ----'a . f ; k A .. r• \l0 L,-)rha 07 �c IS { f ti•► r� `i-� t�ll� The. .Pond volume_ Cai c u I OJn sn S (3-r�e- 60,�-e 4 c-Y) o... J-ofo ytL� , �-1 survey by CO . �rverz {_ e�Gn 0. 50 SccU.-e- ptcan . Y1� 2 lr� nor—, in clip � Ol, ci 373. z — 3-7 Z P�-nG1 bVvr�loua �1f1Qrm.o-� 3-- ��11�� 3�3, 2 2 coy ,1 Ru'rc1 N o ( u rn2 l Col cam.., t cx-� CUT 1 A(sFi7� (�) ^ � ►NE.R,�-ir} DEPTH VOLu"�E M.VoL. 3-73 3-7,c(00 3� I 30, 575 7-9 32S 1 , 0 f �4325 91� 113 3�0 �8� D �5 24s lZS 1- ?.(012.5 30? ZQ , 1 -75 1 (.0 /116025 1 +l i Z-63 4-1 -7413 P6,nc4 Yo luvr.L I I � , 67, c� C.F-. Lz V. CONVEYANCE SYSTEM The project conveyance system will be sized to handle the 100 year storm flows as calculated using the modified rational method. Each catch basin tributary area will be identified and used to determine the resultant pipe flows. The biofiltration swale is designed based upon the 2 yr. pond discharge (restricted flow). The Swale is also checked so that a 6" freeboard is maintained during the 25 yr. flow using actual conditions. The 100 yr. undetained flow can also be handled by the bioswale under actual conditions without overtopping. Per City of Federal Way design criteria, the biofiltration swale will be designed using a 0.10 Manning's factor rather than the 0.35 in the K.C. code. For the modified rational design analysis, the following runoff coefficients will be used: general C = 0.48 (4.0 DU/GA) roads only C = 0.9 open space only C = 0.25 A summary of the biofiltration swale design is as follows: a. required bottom width @ design flow: 8.14 ft. b. total swale depth: 1.25' = 15" C. 25 yr. flow depth: 9" (6" freeboard) d. 100 yr. flow depth: 10" (5" freeboard) The following conveyance system sizing table will confirm the pipe capacity of each segment under 100 year flows. Attached calculation sheets show the determination of each tributary area. 'LA -t -�- r pw 0'r � L JtL �-' qa �a -1 JJJJi m 0 1A -�i-arr. Tale Dz o,-, I- o vLe.�n�s �' Iofs ��,�,��-r w �� ,rDoj-- ©r- lofs C�y\IY tail are� less tvfal © , =face = 41 • of o-c . - 12 ,13 ar- = Z 1,-7 7 ! 11 14-s / Zi,7-1 ac = 3.7Z Du/G —a C: 0, 4s C Dom►,pAv �..iy C= D,3C3 ��a�.� row rd CP,aI� is- Q LOTS * 0-7 -71 3`-3, S 1/y� 1 D Zou - 'l2 23 P�-e S. - �. = 0, 4a CGa F 15 LoT-5 =` RDI I7, IS, 19 CAL -DE -QC- CS, Z$4- -r--T) C,= ©, 43 C13 0 [1-. Cg 0 lZ cl- L.o T s :;;- Zoo - l(z C= o, 4� 1'6 q- .sue 1 9-5 5-� Zoo(Z4> = 45co.SF = C �Z : Lef s 13, l y-� ► S - 255? (2D S' - I(Z, Z3 Atie S, Ct)5� 4q-o sF = G = (D .40,) �� o_ LOT R 3 = -7 I t)o' - h }L6 o, s1 4(:�- 1 (� r? c. Z-7 14G ac_ -HE 1 Chi � �f i � � I�1 �I� i1�•,�Tr��'.�i � 1��'1�� •C_L> Q t1 ' L^ LoTZ # 1oI, Io ,10�� IO=- = � _ 0,-70 Arc- '/� wI-& 2_1 = 0,�� L C= o, CUI-&-Sa.L _JC(Z I - 0.02 Ac C- D, AS D Z.-7 e C f� ''t I� Q, �1.� loo Arc. G►� I `3 LOT-5 # I �- no'- 'Iz 5. Z433 PL. +i� -? �r � 283 FL (,,,,)2.4- = 3 3 o = O, 02) lac. c� 0,4-To �,��✓�� —7 s, Z003 PL (I4o) 2A= 33CPO Pic- +i I Lois II , I ` = Iq �z� s� - o, 4-4- fr (L = o , 4 E I 9 Z1?Sl 2,& Ave 75, Z l o 24-= 50 =+:) C- ©, CFJ# I0 l 2-1 c) &I o� 214 2aO 0, zz LOT S bO 4z� s= � D, 1-7 300 - I/2- 2L 2.4 IFc -rt SPa.c2 = 2 ¢(pD0 = 0. AG, GR # s I/2 2lv A-u2 S, (30� 2h = ?Zoo " 4 -]a,', :3) t!1`75) z4= 4--c)O _ - 0,10 I-7S' ` Ilz ?� pOe- 5. Zoo = O,1 O ►°�� w00' - III S, 2gvZ PL (wa) 4�3 = g 6 0 0 0,11 u to - LOT Po r� orn oF 1(& C- P, ex ti 2-50 24-D (2-A-) (90 - 153 " LoTs Z-, 2S z&t Z-7 C� D,4S G3 F ly,, L-OTS `a �, b5 = ZOo' sl iive S . C � o . +0 Z4o> 24- = 57 (oD 0,)/ FC. I1Z3 14C. 0,13 LOTS # Z`,r Z�, 30, 3J ZSS`i� SF Zoo'- th Z3 Ave_ s . ( '-,�2--I- _ �-77A C- F Z- ' Ll` G = D. I-S ol C, a # z� p' - BIZ 2-1 S 4 '3 = 2505.1 S� 9 Z-4)- : r pd i OL _ -7k3 S4- G. C O,33 i�c- a 13 rf�c- I (1 D . 4`3 o q,,� rtc- ©, o WIN L-OTS Qa..r�ia l j w-c. i �i p�en D L 34 0 co O L.CT6'�,70 - ZZZ SF= 0.Sl �- D - 'h Z-- P L 5 I 0 Z4 = 25 4, t- = 0.0 (p A c- . C=o.4rh # LOTS ��,��,�7 3 ZZ78�sr= c�.sz Pre— Z4- pL s14- Cf 3 # a0 : L.VTs (p !o ) Cod = 14-T -71 s T = D . a;-, P-c_ I(vs'- 'Iz -2A- PL s. ( I Los) Z4 = 3`((oo Ac- 0 .ors * eD, 52� 175'-=-c� LOTS 4� 35, 3l� = 171b-71 = C: o,q5 C-a # 7-4 b Lo-r s C= c.S '� 2-4 o_ rn ova e - sa I t 6 �. Cb Z¢ Z 14' - PL Y-L C= o.ga Lo 45 19D '- �(Z S, Zc&O FL (Iqo) z, = r'� n 1� � •z ,. 0,1 1 00 f-, C- 0,1z AC-_ Z Z&O �- • 0, 14 ftC. Po rt Trams i R OeQ�,n :S�c, C,—^ z. , Deb A L + G Cg # Zz.: nL-,ra - soltJ I�cl D •- - ---- - - -- �`� ` � + -- �- --- uJ�-'• "=� � fig. �`�� {�J �= - -'� 3(oo" ` IN S, 2c:3o PL . �3(a D) 24 = 9(o 40 Cl3 � 2► . Soo' - PL - �= o qo E cz c Pe I CB ff Q _ q /j -1 200' - '1 Z z5 FL, so . Zap Ci3 � 37 Zoo' - 'I z 7,5 PL C = 0, D , 70 t,� CF3 S 4 Lots =DIsI �51(s-il S4.1 53 Sc�,SI� S'61 Cam`°AS c5 s�D I%c� I is j 3a 35 SCALE W goo so o loo � GRAPHIC SCALE + .1 � 32- 33-30 - 40 29 .� 80 43 6 r 85 26 7 ryc.�r 86 75 � 44 P 1 - 74 7B n1 r /. � r _ 3 /ti 73 r7 .0.77 . Jeri a5 ' t �Z, 66 4 l 87 . z, 7a LL f ffff • 104 9 _70— L03 �' _ r TRACT -A OT 15 102 , , • . I 4 �.. G 108 3 _ �"for ll7q tg 109 82 TRACT -Es 14 i g3. Oi 99 5 ' � 43 f 94 90 1 110 95 96 A t f 8 5 -A� KING COUNTY, WASH--N, GTON, SURFACE WATER—ODESIGN MANUAL 5�--D R FIGURE 4.3-3C RATIONAL METHOD NEW CONVEYANCE SYSTEM SIZING r rr� i a ;or-1 ,-, Q loll �� ;�` �! �I �' I�'' Ir 1" n)i C; (T T)l ' j�NI o CL a of ao CL 5. Ni�°°l T0�1z� m o CL cy)l I g con \ d C � N nll P - I r' r•7 I - I � .. 0 r^.!' r,i fll i� � D o O O� �0 LL 0 a _. CIO cn ut C'� [Yl� cii rill M V) N, rCl Ni N { m 0 0— I d � l�] � � �� Lei, � � � `�w ! •' � � �i �t°5� � ca5 � �� + ' � L 7 � C rid M !11 � � N r{l � G" �4 I 1 C f ,I �c•! � O cro O 11 Q. w l G w1`P9 1 CP I 1,911 ^. U< I T 1,r uj cc QLu I cn y U > Z E_ c c0i z 6 d � m N1 (�p I a- r zD V0 I mler= KING COUNTY, WASH=-NGTON, SURFACE WATEF DESIGN MANUAL RATIONAL METHOD NEW CONVEYANCE SYSTEM SIZING FIGURE 4.3-3C � � Mi �t .E i _, ,� - • i I ��l�;i��; �Q r-- fI� Ltii I n J N� Od S. `t- lf`I I �1�• iI}iQ'� �/71�I g O n-E rr� C'' i p .Q i=i �.s �',i111 o .a ` lfi `�, �a �- iw 112 ff d �° �� 10 " Z c } I r�I1[0 � jl � — I 4� C• V �' N, vr w fvi _ W uCL j w vE ~ I I� ��m��1r: ' �,� J f� vl 10� Cf� I F Q N 00 N c 1 IQ -.I I11 �{n�d uiN n+ ¢ N M} o en 4a jol U to 6 �1 Lu } w � U a� �� OE Z d 3 .N r� w Z m Lo C 9 .9 g IJ� (f1 N r� rJ c EA � o o Ic-1 aJpl d r d 9( � MEL-0 J r- U j ,r] co rD f�) u � <j CJ v t.-' KCNG COUNTY, WASH,Y—NGTON, SURFACE WATER ^ESIGN MANUAL FIGURE 4.3-3C RATIONAL METHOD NEW CONVEYANCE SYSTEM SIZING '� I�I N, Slo�i IQ II I��I io ►_ .E !r� IIIQQ01 V'J1 75 ^a Ci �' � l ��1 I �- � �.7 1 � 1�1 -'F I l rlti, 6 � �' � N mot- { cal f ca I •I I t � r i I 1 n � i N I a - o t 7 75 N Nl; I� al iNj� cp 1f3 i �� (y), Fn! i 0CL g U) ~ = O Oi 101 I� �O}� fl �CI 1 Y�� S �1 O c� C] r •+ jf r� II c s I �s I r� �L d C �-± r� � kl rill Jl ICJ C� I } IsC- I � i a V ui Iili CP � 0O � � v W � FI' , z �- uw �' E • ~ U IP �� m SD �!] 1f� 1=� � r tr' i �1' I s`I 1n r Q ± uj C7 dam-" 0 C7 z a j ` 1 I II ! I � P ate- {{ I I( I I I I N W Q r�r i(r - -,q _ f- - 0 N — U z Q W > � E avi Nro N ° 3 rn c� CID� N d 3 Lu m �� `� :z Z c'n ( oil 1 0 u d 0 r.." (J c.1 -0 U U V KING COUNTY, WASF—`NGTON, SURFACE WATER�DESIGN MANUAL FIGURE 4.3-3C RATIONAL METHOD NEW CONVEYANCE SYSTEM SIZENG �1 � � I II j I I 1 1� I� I �l �i �a�v��-�111 �II��E;�� z w a711 CL I IL f },l LL o N � r cr1 ; a � U f° .. m G W ry) �� N z °�5 c"�l tJ �c�i iwll S w E I L r�I r—jj ~ U �JI 1-491 ui Z 1 C7 ¢ In t cc 1 III 2 Q i s ui m E V U z ° z .- � ci n� Lu z m co c a 0 cc ! ` 0 U aul�:- 0 (1 0 (J 1 (-) v ter- I Trapezoidal Channel Analysis & Design Open Channel - Uniform. flow Worksheet Name: Heritage Woods Comment: Biofiltration Swale, 2 yr., design condition Solve For Bottom Width Given Input Data: Left Side Slope.. 3.00:1 (H:V) Right Side Slope. 3.00:1 (H:V) Manning's n...... 0.100 Channel Slope.... 0.0200 ft/ft Depth............ 0.33 ft Discharge........ 3.00 cfs Computed Results: Bottom Width.... 8.74 ft Velocity......... 0.93 fps Flow Area........ 3.21 sf Flow Top Width... 10.72 ft Wetted Perimeter. 10.82 ft Critical Depth... 0.15 ft Critical Slope... 0.2799 ft/ft Froude Number.... 0.30 (flow is Subcritica Z 4-11 LO y e. o C-,, 810FILTRP;-!-�o0 SU> 4:,!, 'L-F- Open Channel Flow Module, Version 3.12 (c) 1990 Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06708 Trapezoidal Channel Analysis & Design Open Channel - Uniform flow Worksheet Name: Heritage Woods Comment: Biofiltration Swale, 25 yr., actual flow Solve For Depth Given Input Data: Bottom Width..... Left Side Slope.. Right Side Slope. Manning's n...... Channel Slope.... Discharge........ Computed Results: Depth............ Velocity......... Flow Area........ Flow Top Width... Wetted Perimeter. Critical Depth... Critical Slope... Froude Number.... 8.75 ft 3.00:1 (H:V) 3.00:1 (H:V) 0.030 0.0050 ft/ft 18.79 cfs 0.71 ft 2.44 fps 7.70 sf 13.00 ft 13.23 ft 0.49 ft 0.0177 ft/ft 0.56 (flow is Subcritical) ZS 1 f ba r w �84- �,�5 0,71( I( Open Channel Flow Module, Version 3.12 (c) 1990 Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06708 Trapezoidal Channel Analysis & Design Open Channel - Uniform flow Worksheet Name: Heritage Woods Comment: Biofiltration Swale, 100 yr.,-actual flow Solve For Depth Given Input Data: Bottom Width..... Left Side Slope.. Right Side Slope. Manning's n...... Channel Slope.... Discharge........ Computed Results: Depth............ Velocity......... Flow Area........ Flow Top Width... Wetted Perimeter. Critical Depth... Critical Slope... Froude Number.... 8.75 ft 3.00:1 (H:V) 3.00:1 (H:V) 0.030 0.0050 ft/ft 23.96 cfs 0.81 ft 2.64 fps 9.08 sf 13.62 ft 13.88 ft 0.57 ft 0.0170 ft/ft 0.57 (flow is Subcritical) .9Co G�5 O, v�C71 Open Channel Flow Module, Version 3.12 (c) 1990 Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06708 CITY OF PUBLIC WORKS DEPARTMENT BIOSWALE CALCULATION WORKSHEET Project Name: Date: Project No.: HYDROGRAPHS 1. 2 yr./24 hr. Existing Q= cfs (See notes) 2. 25 yr. /24 hr. Developed Q = cfs 3. 100 yr. /24 hr. Developed Q = cfs Note: a. Use developed Q if R/D is downstream of bioswale or no R/D is proposed. b. Attach hydrograph summaries. BIOFUNCTION DESIGN 4. Select design flow depth/vegetation type: A. Urban (Lawn) 1" Design depth = 0.08' B. Rural (Natural) 4" Design depth = 0.33' C. Wetland (Wet areas) 8" Design depth = 0.67' Design depth= [Recommended: 0.08' or 0.33'] 5. Calculate swale Q and V given: n = 0.1 S = 0.02 ft/ft Side slopes = 3:1 (H: V) d = 0.08', 0.33' or 0.67' (per item 4, above) b = make an initial assumption. Q = cfs V = fps Calculated Q must be >_ item 1 Q. Calculated V must be < 1.5 fps. devrev\biowrksh Revised: 5/3/94 1 b = ft. lip EQUIVALENT AREA 6. If the proposed bioswale is less than 200 lineal feet in length, it may be shortened. The minimum length is 50 feet. The minimum length of any segment is 50' . Biofunction area (sq. ft.) = 200 ft. x wetted perimeter 200 ft. x ft. = sq. ft. Equivalent wetted perimeter = biofunction area/proposed length sq. ft. / ft. = ft. b = ACTUAL BIOSWALE CAPACITY AND VELOCITY FOR 2 YR. EVENT 7. a. Calculate swale Q given: n = 0.1 S = Actual (0.005 to 0.06 ft./ft.) [Recommended: 0.02 to 0.04 ft./ft.] S= Side slopes = 3:1 (H: V) d = per item 4 d = ft. b = per item 5 or 6 [Recommended: 2' min., 8' max.] b = ft. Q = cfs Calculated swale Q must be >_ item 1 Q. ft. 7.b. Calculate swale V given: n = 0.1 S = per item 7. a. S = ft/ft. Side slopes = 3:1 (H: V) Q = per item 1 Q= cfs. b = per item 5 or 6 b = ft. V = fps Calculated V must be <_ 1.5 fps. Travel time = length of swale/V x 60 ft. / ( fps x 60 sec/min ) = min. [Recommended: 9 minutes, 5 minutes minimum] devrev\biowrksh Revised: 5/3/94 2 ft. /ft. FREEBOARD FOR 25 I� EVENT 8. Calculate actual flow depth for 25 yr. event. n = 0.027 S = Actual S = ft. /ft. Side slopes = Actual (H: V) H : 1 V b = Actual b = ft. Q = per item 2. Q= cfs depth required = ft. depth provided = ft. freeboard = ft. Top of swale must be >_ 6" above 25 yr. water surface elevation. FREEBOARD AND VELOCITY FOR 100 YR. EVENT 9. Calculate actual flow depth and velocity for 100 yr event. n = 0.027 S = Actual S= ft./ft. Side slopes = Actual (H: V) H : 1 V b = per item 5 or 6 b = ft. Q = per item 3. Q= cfs. depth required = ft. depth provided = ft. freeboard = ft. Top of swale must be at or above 100 yr. water surface elevation. V = fps Calculated V must be <_ 5 fps. Variables: b Bottom width of swale in feet d Depth of flow in feet n Manning's roughness coefficient Q Discharge in cubic feet per second S Slope of the energy grade line in feet per feet V Velocity of flow in feet per second devrev%biowrksh Revised: 5/3/94 3 L( VI. SPECIAL REPORTS AND STUDIES 1. Report of Geotechnical Investigation by Geotechnical Services, dated June 191 1990. 2. Wetlands Mitigation and Enhancement Plan by DeMoral and Assoc. VII. COMMUNITY PLANNING AREA City of Federal Way VIII. OTHER PERMITS None IX. EROSION/SEDIMENTATION CONTROL page 70 Due to the sensitivity of this site, a significant erosion control plan has been developed. The site sensitivity is caused by the moderately steep slopes, Alderwood type soils subject to erosion and the proximity of a series of downhill wetlands. The basic erosion control measures include the following: 1. rock pad construction entrance 2. identified clearing limits 3. strategically placed silt fencing 4. limited clearing window (April through October) 5. hydroseeding and mulching of disturbed areas not being paved. In addition to these primary measures, more significant erosion control facilities include a 67,900 cu. ft. sedimentation pond. This sediment pond was designed using the method outlined in the K.C. SWM Manual. A 18" perforated riser pipe will discharge flow from the pond. A network of interceptor ditches, rock check dams and temporary culverts will direct the surface runoff into the pond. The interceptor ditches will be constructed at the downhill side of future roads throughout the plat. The sediment pond will become the permanent drainage detention pond. The existing pond will also provide sediment removal. The following calculations, diagram and table show the process for designing the sedimentation pond. J } 2C�f7- r` I C ++ 1 i (12 F.O-,f-vwr, va..l i sty. sloes ; 3; Si-Z)-vm-?.P— -I-cci) I -e- (s n:.46--,Lj) fT 3e,� ��rn ear j S�"D 'i '? .� o l u Yid : Z000 �j-3 V ❑ iurs� � �.ta . 3CoZ , 3i = Z3�7 �3 e z , Pry v VCQ-Q-- --�-- L C7r� I v ff'�. 3 . �R)v -kzr�,n morn . I � o -��'• �-s �ao�'^-� r`=�.'�� 6 TaF cyn � 3 Cc Re.a L reJ n (u arc jz- = Z-p—+ � V)^�-�- �! o Al- f s U3c, 0 so L l L Tom. f] i Jr �� e_��1n -� 14C� �T• 13oa 4, 33 (To-bl,e- S pre, at t-€aoII .� S +-70o ( SO') # tr 6 A i i If`t coyr dnrS 4 eol { I o Ls= jam, } = II,�(�.�q�- 9�•4� f 99 = 200 o FT3 o 5 4LC- 0--��5 ` � n 1 Y�15 S I�.Dv�CJ �e_ �v; r Via- �I n_J-k V<—, S-1!'; C2 4.1 S 4/ 24/94 Saeger Engineering page3 Heritage Woods Detention Pond and Sedimentation Pond Actual Dimensions, Stage -Storage Table STAGE STORAGE TABLE TRAPEZOIDAL BASIN ID No. 2 Description: Actual Detention Pond Size Length: 192.00 ft. Width: 40.00 ft. Side Slope 1: 3 Side Slope 3: 3 Side Slope 2: 3 Side Slope 4: 3 Infiltration Rate: 0.00 in/hr STAGE <---- STORAGE ---- > STAGE <---- STORAGE ---- > STAGE <---- STORAGE ---- > STAGE <---- STOKGE ---- > (ft)---cf-----AC-Ft- (ft)---cf-----Ac-Ft- (ft)--- cf--- --Ac-Ft- (ft)---cf-----Ac-Ft- 362.00 0.0000 0.0000 364.10 19308 0.4433 366.20 45422 1,0428 368.30 79009 1.8138 362.10 774.97 0.0178 364.20 20392 0.4681 366.30 46847 1.0755 368.40 80806 1.8550 362.20 1564 0.0359 364.30 21492 0.4934 366.40 48289 1.1086 368.50 82621 1.8967 362.30 2367 0.0543 364.40 22607 0.5190 366.50 49747 1.1420 368.60 84456 1.9388 362.40 3184 0.0731 364.50 23737 0.5449 366.60 51223 1.1759 368.70 86309 1.9814 362.50 4015 0.0922 364.60 24884 0.5713 366.70 52717 1,2102 368.80 88180 2.0243 362.60 4861 0.1116 364.70 26046 0.5979 366.80 54227 1.2449 368.90 90071 2.0677 362.70 5721 0,1313 364.80 27224 0.6250 366.90 55755 1.2800 369.00 91980 2.1116 362.80 6596 0.1514 364.90 28418 0.6524 367.00 57300 1.3154 369.10 93908 2.1558 362.90 7485 0.1718 365.00 29628 0.6802 367.10 58863 1.3513 369.20 95856 2.2005 363.00 8388 0.1926 365.10 30854 0.7083 367.20 60443 1.3876 369.30 97822 2.2457 363.10 9306 0.2136 365.20 32096 0.7368 367.30 62041 1.4243 369.40 99808 2.2913 363.20 10239 0.2351 365.30 33355 0.7657 367.40 63657 1.4614 369.50 101812 2.3373 363.30 11187 0.2568 365.40 34629 0.7950 367.50 65290 1.4989 369.60 103837 2.3838 363.40 12149 0.2789 365.50 35920 0.8246 367.60 66942 1.5368 369.70 105880 2.4307 363.50 13126 0.3013 365.60 37228 0,8546 367.70 68611 1.5751 369.80 107943 2.4780 363.60 14119 0.3241 365.70 38552 0.8850 367.80 70299 1.6138 369.90 110026 2.5258 363.70 15126 0.3473 365.80 39893 0.9158 367.90 72004 1.6530 370.00 112128 2.5741 363.80 16149 0.3707 365.90 41250 0.9470 368.00 73728 1,6926 370.00 112128 2.5741 363.90 17187 0.3946 366.00 42624 0.9785 368.10 75470 1.7326 364.00 18240 0.4187 366.10 44015 1.0104 368.20 77230 1.7730 G�1' Y C._C�t,� �y rJ! U YY•SL : 2 C-�C. CL �- r L '' 0_ C 21 49 Z ul : 7 - Yr » � . . X. BOND QUANTITIES SHEET 75 XI. MAINTENANCE AND OPERATIONS MANUAL Ful d # i fv,6 KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL I MAINTENANCE REQUIREMENTS FOR PRIVATELY MAINTAINED DRAINAGE FACILITIES NO. 1 - PONDS Maintenance Component Defect Conditions When Maintenance Is Needed Results Expected When Maintenance Is Performed General Trash & Debris Any trash and debris which exceed 1 Trash and debris cleared from site. cubic foot per 1000 square feet (this is about equal to the amount of trash it would take to fill up one standard size office garbage can). In general, there should be no visual evidence of dumping. Poisonous Any poisonous vegetation which may No danger of poisonous vegetation where Vegetation constitute a hazard to County personnel County personnel or the public might or the public. Examples of poisonous normally be. (Coordination with vegetation include: tansy ragwort, poison Seattle/King County Health Department) oak, stinging nettles, devils club. Pollution Oil, gasoline, or other contaminants of No contaminants present other than a one gallon or more or any amount found surface film. (Coordination with that could: 1) cause damage to plant, Seattle/King County Health Department) animal, or marine life; 2) constitute a fire hazard; or 3) be flushed downstream during rain storms. Unmowed Grass/ If facility is located in private residential When mowing is needed, grass/ground Ground Cover area, mowing is needed when grass cover should be mowed to 2 inches in exceeds 18 inches in height. In other height. areas, the general policy is to make the pond site match adjacent ground cover and terrain as long as there is no interference with the function of the facility. Rodent Holes Any evidence of rodent holes if facility is Rodents destroyed and dam or berm acting as a dam or berm, or any evidence repaired. (Coordination with Seattle/ of water piping through dam or berm via King County Health Department) rodent holes. Insects When insects such as wasps and hornets Insects destroyed or removed from site. interfere with maintenance activities. Tree Growth Tree growth does not allow maintenance Trees do not hinder maintenance access or interferes with maintenance activities. Selectively cultivate trees such activity (.e., slope mowing, silt removal, as alders for firewood. vectoring or equipment movements). If trees are not interfering with access, leave trees alone. Side Slopes of Erosion Eroded damage over 2 inches deep Slopes should be stabilized by using Pond where cause of damage is still present or appropriate erosion control measure(s): where there is potential for continued e.g., rock reinforcement, planting of erosion. grass, compaction. Storage Area Sediment Accumulated sediment that exceeds 10% Sediment cleaned out to designed pond of the designed pond depth. shape and depth; pond reseeded if necessary to control erosion. Pond Dikes Settlements Any part of dike which has settled 4 Dike should be built back to the design inches lower than the design elevation. elevation. Emergency Rock Missing Only one layer of rock exists above native Replace rocks to design standards. Overflow/Spillway soil in area five square feet or larger, or any exposure of native soil. A-1 1/90 KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL NO. 4 - CONTROL STRUCTURE/FLOW RESTRICTOR Maintenance Conditions When Maintenance Results Expected Component Defect Is Needed When Maintenance Is Performed General Cleanout Gate Orifice Plate Overflow Pipe Manhole Catch Basin Trash and Debris (Includes Sediment) Structural Damage Damaged or Missing Damaged or Missing Obstructions Obstructions Distance between debris build-up and bottom of orifice plate is less than 1-1/2 feet. Structure is not securely attached to manhole wall and outlet pipe structure should support at least 1,000 pounds of up or down pressure. Structure is not in upright position (allow up to 10% from plumb). Connections to outlet pipe are not watertight and show signs of rust. Any holes — other than designed holes — in the structure. Cleanout gate is not watertight or is missing. Gate cannot be moved up and down by' one maintenance person. Chain leading to gate is missing or damaged. Gate is rusted over 50% of its surface area. Control device is not working property due to missing, out of place, or bent orifice plate. Any trash, debris, sediment, or vegetation blocking the plate. Any trash or debris blocking (or having the potential of blocking) the overflow pipe. See "Closed Detention Systems" Standard No. 3. See 'Catch Basins' Standard No. S. All trash and debris removed. Structure securely attached to wall and outlet pipe. Structure in correct position. Connections to outlet pipe are watertight; structure repaired or replaced and works as designed. Structure has no holes other than designed holes. Gate is watertight and works as designed. Gate moves up and down easily and is watertight. Chain is in place and works as designed. Gate is repaired or replaced to meet design standards. Plate is in place and works as designed. Plate is free of all obstructions and works as designed. Pipe is free of all obstructions and works as designed. See 'Closed Detention Systems" Standard No. 3. See 'Catch Basins' Standard No. 5. A-4 1 /90 KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL �~ NO. 5 - CATCH BASINS Maintenance Conditions When Maintenance Results Expected Component Defect Is Needed When Maintenance Is Performed General Trash & Debris Trash or debris of more than 1/2 cubic No trash or debris located immediately in (Includes foot which is located immediately in front front of catch basin opening. Sediment) of the catch basin opening or is blocking capacity of basin by more than 10%. Trash or debris (in the basin) that No trash or debris in the catch basin. exceeds 1/3 the depth from the bottom of basin to invert of the lowest pipe into or out of the basin. Trash or debris in any inlet or outlet pipe Inlet and outlet pipes free of trash or blocking more than 1/3 of its height. debris. Dead animals or vegetation that could No dead animals or vegetation present generate odors that would cause within the catch basin. complaints or dangerous gases (e.g., methane). Deposits of garbage exceeding 1 cubic No condition present which would attract foot in volume. or support the breeding of insects or rodents. Structural Damage Corner of frame extends more than 3/4 Frame is even with curb. to Frame and/or inch past curb face into the street (if Top Slab applicable). Top slab has holes larger than 2 square Top slab is free of holes and cracks. inches or cracks wider than 1/4 inch (intent is to make sure all material is running into the basin). Frame not sitting flush on top slab, i.e., Frame is sitting flush on top slab. separation of more than 3/4 inch of the frame from the top slab. Cracks in Basin Cracks wider than 1/2 inch and longer Basin replaced or repaired to design Walls/Bottom than 3 feet, any evidence of soil particles standards. entering catch basin through cracks, or maintenance person judges that structure is unsound. Cracks wider than 1/2 inch and longer No cracks more than 1/4 inch wide at the than 1 foot at the joint of any inlet/outlet joint of inlet/outlet pipe. pipe or any evidence of soil particles entering catch basin through cracks. Settlement/ Basin has settled more than 1 inch or has Basin replaced or repaired to design Misalignment rotated more than 2 inches out of standards. alignment. Fire Hazard Presence of chemicals such as natural No flammable chemicals present. gas, oil, and gasoline. Vegetation Vegetation growing across and blocking No vegetation blocking opening to basin. more than 10% of the basin opening. Vegetation growing in inlet/outlet pipe No vegetation or root growth present. joints that is more than six inches tall and less than six inches apart. Pollution Nonflammable chemicals of more than No pollution present other than surface 1/2 cubic foot per three feet of basin film. length. A-5 1/90 KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL NO. 5 - CATCH BASINS (Continued) Maintenance Conditions When Maintenance Results Expected Component Defect Is Needed When Maintenance Is Performed Catch Basin Cover Cover Not in Place Cover is missing or only partially in place. Catch basin cover is closed. Any open catch basin requires maintenance. Locking Mechanism cannot be opened by one Mechanism opens with proper tools. Mechanism Not maintenance person with proper tools. Working Bolts into frame have less than 1/2 inch of thread. Cover Difficult to One maintenance person cannot remove Cover can be removed by one Remove lid after applying 80 lbs. of lift; intent is maintenance person. keep cover from sealing off access to maintenance. Ladder Ladder Rungs Ladder is unsafe due to missing rungs, Ladder meets design standards and Unsafe misalignment, rust, cracks, or sharp allows maintenance person safe access. edges. Metal Grates Grate with opening wider than 7/8 inch. Grate openings meet design standards. (f applicable) Trash and Debris Trash and debris that is blocking more Grate free of trash and debris. than 20% of grate surface. Damaged or Grate missing or broken member(s) of Grate is in place and meets design Missing the grate. standards. c A-6 I/90 KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL NO. 6 - DEBRIS BARRIERS (e.g. Trash Racks) Maintenance Conditions When Maintenance Results Expected Component Defect is Needed When Maintenance Is Performed General Trash and Debris Trash or debris that is plugging more Barrier dear to receive capacity flow. than 20% of the openings in the barrier. Metal Damaged/ Missing Bars are bent out of shape more than 3 Bars in place with no bends more than Bars inches. 3/4 inch. Bars are missing or entire barrier is Bars in place according to design. missing. Ban are loose and rust is causing 50% Repair or replace barrier to design deterioration to any part of barrier. standards. L A_7 1/90 -�) 11-) KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL NO. 7 - ENERGY DISSIPATORS Maintenance Component External; Rock Pad Dispersion Trench Internal: Manhole/Chamber Defect Missing or Moved Rock Pipe Plugged with Sediment Not Discharging Water Properly Perforations Plugged Water Flows Out Top of 'Distributor' Catch Basin Receiving Area Over -Saturated Conditions When Maintenance Is Weeded Only one layer of rock exists above native soil in area five square feet or larger, or any exposure of native soil. Accumulated sediment that exceeds 20% of the design depth. Visual evidence of water discharging at concentrated points along trench (normal condition is a 'sheet flow" of water along trench). Intent is to prevent erosion damage. Over 1/2 of perforations in pipe are plugged with debris and sediment. Maintenance person observes water flowing out during any storm less than the design storm or it is causing or appears likely to cause damage. Water in receiving area is causing or has potential of causing landslide problems. Worn or Damaged Structure dissipating flow deteriorates to Posts, Baffles, 1/2 or original sire or any concentrated Sides of Chamber worn sport exceeding one square foot which would make structure unsound. Other Defects See 'Catch Basins' Standard No. 5 Results (Expected When Maintenance Is Performed Replace rocks to design standard. Pipe cleaned/flushed so that it matches design. Trench must be redesigned or rebuilt to standard. Clean or replace perforated pipe. Facility must be rebuilt or redesigned to standards. No danger of landslides. Replace structure to design standards. See 'Catch Basins' Standard No. 5 C c A-8 1/90 KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL NO. 8 - FENCING Maintenance Component Defect General Wire Fences Missing or Broken Parts Erosion Damaged Parts Deteriorated Paint or Protective Coating Openings in Fabric Conditions When Maintenance Results Expected Is Needed When Maintenance Is Performed Any defect in the fence that permits easy entry to a facility. Parts broken or missing. Erosion more than 4 inches high and 12- 18 inches wide permitting an opening under a fence. Posts out of plumb more than 6 inches. Top rails bent more than 6 inches. Any part of fence (including posts, top rails, and fabric) more than 1 foot out of design alignment. Missing or loose tension wire. Missing or loose barbed wire that is sagging more than 2-1/2 inches between posts. Extension arm missing, broken, or bent out of shape more than 1-1/2 inches. Part or parts that have a rusting or scaling condition that has affected structural adequacy. Openings in fabric are such that an 8- inch-diameter ball could fit through. Parts in place to provide adequate security. Broken or missing parts replaced. No opening under the fence that exceeds 4 inches in height. Posts plumb to within 1-1/2 inches. Top rail free of bends greater than 1 inch. Fence is aligned and meets design standards. Tension wire in place and holding fabric. Barbed wire in place with less than 3/4- inch sag between posts. Extension arm in place with no bends larger than 3/4 inch. Structurally adequate posts or parts with a uniform protective coating. No openings in fabric. A-9 1/90 KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL r NO. 10 - CONVEYANCE SYSTEMS (Pipes & Ditches) 1 Maintenance Conditions When Maintenance Results Expected Component Defect is Needed When Maintenance is Performed Pipes Open Ditches Catch Basins Debris Barriers (e.g., Trash Rack) Sediment & Debris Vegetation Damaged Trash & Debris Sediment Vegetation Erosion Damage to Slopes Rock Lining Out of Place or Missing (If Applicable) Accumulated sediment that exceeds 20% Pipe cleaned of all sediment and debris. of the diameter of the pipe. Vegetation that reduces free movement of All vegetation removed so water flows water through pipes. freely through pipes. Protective coating is damaged; rust is Pipe repaired or replaced. causing more than 50% deterioration to any part of pipe. Any dent that decreases the cross section Pipe repaired or replaced. area of pipe by more than 20%. Trash and debris exceeds 1 cubic foot Trash and debris cleared from ditches. per 1,000 square feet of ditch and slopes. Accumulated sediment that exceeds 20% Ditch cleaned/flushed of all sediment and of the design depth. debris so that it matches design. Vegetation that reduces free movement of Water flows freely through ditches. water through ditches. See 'Ponds' Standard No. 1 See 'Ponds' Standard No. 1 Maintenance person can see native soil beneath the rock lining. See 'Catch Basins' Standard No. 5 See 'Debris Barriers' Standard No. 6 Replace rocks to design standard. See 'Catch Basins' Standard No. 5 See 'Debris Barriers' Standard No. 6 A-11 1/90 KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL NO. 11 - GROUNDS (Landscaping) Maintenance Conditions When Maintenance Resutts Expected component Defect Is Needed When Maintenance Is Performed General Weeds Weeds growing in more than 20% of the Weeds present in less than 5% of the (Nonpoisonous) landscaped area (trees and shrubs only). landscaped area. Safety Hazard Any presence of poison ivy or other No poisonous vegetation present in a poisonous vegetation. landscaped area. Trash or Litter Paper, can, bottles, totalling more than 1 Area clear of litter. cubic foot within a landscaped area (trees and shrubs only) of 1,000 square feet. Trees and Shrubs Damage Limbs or parts of trees or shrubs that are Trees and shrubs with less than 5% of the split or broken which affect more than total foliage with split or broken limbs. 25% of the total foliage of the tree or shrub. Trees or shrubs that have been blown Tree or shrub in place free of injury. down or knocked over. Trees or shrubs which are not adequately Tree or shrub in place and adequately supported or are leaning over, causing supported; remove any dead or diseased exposure of the roots. trees. c� A-12 1/90 KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL NO. 12 - ACCESS ROADS/EASEMENTS Maintenance Conditions When Maintenance Results Expected Component Defect Is Needed When Maintenance is Performed General Road Surface Shoulders and Ditches c Trash and Debris Blocked Roadway Settlement, Potholes, Mush Spots, Ruts Vegetation in Road Surface Erosion Damage Weeds and Brush Trash and debris exceeds 1 cubic foot per 1,000 square feet, i.e., trash and debris would till up one standard size garbage can. Debris which could damage vehicle tires (glass or metal). Any obstructions which reduce clearance above road surface to less than 14 feet. Any obstructions restricting the access to a 10- to 12-foot width for a distance of more than 12 feet or any point restricting access to less than a 10-foot width. When any surface defect exceeds 6 inches in depth and 6 square feet in area. In general, any surface defect which hinders or prevents maintenance access. Weeds growing in the road surface that am more than 6 inches tall and less than 6 inches apart within a 400-square400t area. Erosion within 1 foot of the roadway more than 8 inches wide and 6 inches deep. Weeds and brush exceed 18 Inches in height or hinder maintenance access. Trash and debris cleared from site. Roadway free of debris which could damage tires. Roadway overhead clear to 14 feet high. Obstruction removed to allow at least a 12-foot access. Road surface uniformly smooth with no evidence of settlement, potholes, mush Spots, or ruts. Road surface free of weeds taller than 2 inches. Shoulder free of erosion and matching the surrounding road. Weeds and brush cut to 2 inches in height or cleared in such a way as to allow maintenance access. A-11 E APPENDIX A CHARTS, TABLES, GRAPHS FROM KING COUNTY SWM MANUAL KING CUUNI'Y, WASHINGTON, SURFACE WATER DESIGN MANUAL FIGURE 4.3.4B CIRCULAR CHANNEL RATIOS Experiments have shown that n varies slightly with depth. This figure gives velocity and flow rate ratios for varying n (solid line) and constant n (broken line) assumptions. / "Ob Ilk V/V full r \ \ Q/Qfull \ 1 \ 1.0 0.9 0.8 0.7 0.6 0.5 0.4 0.3 0.2 0.1 0 RATIO OF FLOW DEPTH TO DIAMETER (d/D) j a 1.2 1.1 1.0 9 ,8 4 .3 .2 .1 4.3.4-19 11 i', • .v U L. U U iv 1 1, yr r a i1 i .r U a U IN, J U K r A 1. C. W H 1 r- K 1J C J 1 U 1v ivl -', !v U ti 1. FIGURE 4.3.4A NOMOGRAPH FOR SIZING CIRCULAR DRAINS FLOWING FULL 1000 900 800 .0001 700 2.0 600 .0002 Soo .0003 Minimum Allowable 400 .0004 0001 Velocity .0005 .0006 (Flowing 3.0 300 Full) 120 1W .0008 .0002 108 p 001 - 0003 200 96 C .0004 90 c .002 _0005 4.0 84 78 OC .0006 72 p .003 A008 66 W .004 001 100 60 005 O .006 5.0 90 _N N .008 .002 O 80 48 .01 V 6.0 70 w 42 .003 �� c N ui 60 = Z .004� Cr_ a= LU 7.0 u: 50 36 .02 .005 .006 Z Z -33 30 .03 .008 aW W 8.0 40 W .04 .010 O � a 27 .05 N Z 9.0 Q 30 0O 24 8 10.0 1 .020 F}- (nn w 18 .10 .030 V G 20 F- LU .040 w i 15 050 > Q 060 G .080 12 .100 10 10 9 8 SAMPLE USE 7 8 24" dia. CMP @ 2% slope yields 20.0 6 17cfs @ 5.2 FPS velocity (n = 0.024) 5 6 Values per Manning's Equation 4 Q=( 1.49) AR=/�S 2 3 n ° 30.0 This table can be converted to other "n" values by applying 2 formula: 40.0 01 ni y 02 n2 1 4.3.4-18 lN0 KING COUNTY, WASHINGTON, SURFACE W_�TER DESIGN MANUAL "Iq' Peak Rainfall Intensity The peak rainfall intensity (IR) for the specified return frequency (R) design storm is determined using a unit peak rainfall intensity factor (i.) for a given return frequency (R) design storm using the following equation: IR = (PR)(iR) where: PR = is the total precipitation at the project site for the 24-hour duration design storm event for the given return frequency (from the Isopluvial Maps in Figures 3.5.1 C through 3.5.1 H) iR = (aR)(TJ_roR' ; the unit peak rainfall intensity factor Where Tr = time of concentration (minutes), calculated using the method described below only (T. minimum value is 6.3 minutes) aR and bR are coefficients (from Table 4.3.36) used to adjust the equation for the design storm return frequency (R) This 1R" equation was developed by SWM Division staff from equations originally developed by Ron Mayo, P.E.. It is based on the original Renton/Seattle Intensity/Duration/Frequency (I.D.F.) curves. Rather than requiring a family of curves for various locations in King County this equation adjusts proportionally the Renton/Seattle I.D.F. curve data by using the 24-hour duration total precipitation isopluvial maps. This adjustment is based on the assumption that the localized geo-climatic conditions that control the total volume of precipitation at a specific location also control the peak intensities proportionally. Figure 4.3.3A has been included to demonstrate that this unit peak rainfall intensity (IR) will generate a curve with the same characteristics as the historic 25 year I.D.F. curve. Note, Tc must not be less than 6.3 minutes or greater than 100 minutes. On the historic I.D.F. curves the lower limit was set at 5 minutes, 6.3 minutes was selected based on the mathematical limits of the equation coefficients. TABLE 4.3.3E COEFFICIENTS FOR THE RATIONAL METHOD "iR' -EQUATION DESIGN STORM RETURN FREQUENCY (YEARS) aR bR 2 Year 1.58 0.58 5 Year 2.33 0.63 10 Year 2.44 0.64 25 Year 2.66 0.65 50 Year 2.75 0.65 100 Year 2.61 0.63 4.3.3-3 1 /90 KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL TABLE 4.3.4V MANNING'S 'n" VALUES FOR PIPES Analysis Method Type of Pipe Material Bark li* ter Flow Flow A. Concrete pipe and CPEP-smooth interior pipe 0.014 0.012 B. Annular Corrugated Metal Pipe or Pipe ARch: 1. 2-2/3" x 1 /2' corrugation (riveted) a. plain or fully coated 0.028 0.024 b. paved invert (40% of circumference paved): (1) flow full depth 0.021 0.018 (2) flow 0.8 depth 0.018 0.016 (3) flow 0.6 depth 0.015 0.013 C. treatment 5 0.015 0.013 2. 3" x 1" corrugation 0.031 0.027 3. 6" x 2" corrugation (field bolted) 0.035 0.030 C. Helical 2-2/3' x 1 /2" corrugation and CPEP-single wall 0.028 0.024 D. Spiral rib metal pipe and PVC pipe 0.013 0.011 E. Ductile iron pipe cement lined 0.014 0.012 F. High density polyethylene pipe (butt fused only) 0.009 0.009 (2) Backwater Analysis Method Used to analyze the capacity of both proposed, and existing, pipe systems to convey the peak rate of runoff for the 25, and 100 year design storm events. (Note, structures for proposed pipe systems must be demonstrated to provide a minimum of o.5 feet of freeboard between the headwater surface (hydraulic grade line) and the tap of the structure for the 25 year peak rate of runoff. Structures may overtop for the 100 year peak rate of runoff as allowed by Core Requirement #4 in Section 1.2.4. of Chapter 1, When overtopping occurs for the 100 year peak rate of runoff the additional flow over the ground surface is analyzed using the methods described in Section 4.3.7 and added to the flow capacity of the pipe system determined, as described below.) This method is used to compute a simple backwater profile (hydraulic grade line) through a proposed, or existing, pipe system for the purposes of verifying adequate capacity. It incorporates a re -arranged form of Manning's Equation expressed in terms of friction slope (ie, slope of the energy grade line in ft/ft). The friction slope is used to determine the head loss in each pipe segment due to barrel friction, which can then be combined with other head losses to obtain water surface elevations at all structures along the pipe system. The backwater analysis begins at the downstream end of the pipe system and is computed back through each pipe segment and structure upstream. The friction, entrance and exit head losses computed for each pipe segment are added to that segment's tailwater elevation (the water surface elevation at the pipe's outlet) to obtain its ,outlet control" headwater elevation. This elevation is then compared with the "inlet control" headwater elevation. computed assuming the pipe's inlet alone is controlling capacity using the methods for inlet control presented In Section 4.3.5. The condition that creates the highest headwater elevation then determines the pipe's capacity. The approach velocity head is then subtracted from the controlling headwater elevation and the junction and mend head losses are -then added to compute the total headwater elevation which is then used as the tailwater elevation for the upstream pipe segment. The Backwater Calculation Sheet in Figure 4.3.4C can be used to compile the head losses and headwater elevations for each pipe segment. The numbered columns on this sheet are described in Figure 4.3.40. 4.3.4-16 1 /90 KING COUNTY,''4SHINGTON, SURFACE'' %TER DESIGN MANUAL FIGURE 3.5.2A HYDROLOGIC SOIL GROUP OF THE SOILS IN KING COUNTY SOIL GROUP HYDROLOGIC GROUP* SOIL GROUP HYDROLOGIC, GROUP* Alderwood C Orcas Peat D Arents, Alderwood Material C Oridia D Arents, Everett Material B Oval[ C Beausite C Pilchuck C Bellingham D Puget D Briscot D Puyallup B Buckley D Ragnar B Coastal Beaches Variable Renton D Earimont Silt Loam D Riverwash Variable Edgewick C Salal C Everett A Sammamish D Indianola A Seattle D Kitsap C Shacar D Maus C SI Silt C Mixed Alluvial Land Variable Snohomish D Neilton A Sultan C Newberg B Tukwila D Nooksack C Urban Variable Normal Sandy Loam D Woodinville D HYDROLOGIC SOIL GROUP CLASSIFICATIONS A. (Low runoff potential). Soils having high infiltration rates, even when thoroughly wetted, and consisting chiefly of deep, well -to -excessively drained sands or gravels. These soils have a high rate of water transmission. B. (Moderately low runoff potential). Soils having moderate infiltration rates when thoroughly wetted, and consisting chiefly of moderately fine to moderately coarse textures. These soils have a moderate rate of water transmission. C. (Moderately high runoff potential). Soils having slow infiltration rates when thoroughly wetted, and consisting chiefly of soils with a layer that Impedes downward movement of water, or soils with moderately fine to fine textures. These sods have a slow rate of water transmission. D. (High runoff potential). Soils having very slow infiltration rates when thoroughly wetted and consisting chiefly of clay soils with a high swelling potential, soils with a permanent high water table, soils with a hardpan or day layer at or near the surface, and shallow soils over nearly impervious material. These soils have a very slow rate of water transmission. From SCS, TR-55, Second Edition, June 19M, Exhibit A-1. Revisions made from SCS, Soil Interpretation Record, Form #5, September 1988. 3.5.2-2 1/90 KING COUNTY, WASF�NGTON, SURFACE WATE��DESIGN-MANUAL 'C' Values The allowable runoff coefficients to be used in this method are shown in Table 4.3.3A by type of land cover. These values were selected following a review of the values previously acceptable for use In the Rational Method in King County and as described in several engineering handbooks. The values for single family residential areas were computed as composite values (as illustrated below) based on the -estimated percentage of coverage by roads, roofs, yards and unimproved areas for each density. For drainage basins containing several land cover types, the following formula may be used to compute a composite runoff coefficient "C... Cr = ((C, x A,) + (CzxA2)+... + (CnxA„))/A, where: A, = total area (acres) A,,Z„ = areas of land cover types (acres) C,,Z„ = runoff coefficients for each area land cover type TABLE 4.3.3A RUNOFF COEFFICIENTS - 'C" VALUES FOR THE RATIONAL METHOD" GENERAL LAND COVERS LAND COVER C LAND COVER C Dense forest 0.10 Playgrounds 0.30 Light forest 0.15 Gravel areas 0.80 Pasture 0.20 Pavement and roofs 0.90 Lawns 0.25 Open water (pond, 1.00 lakes, wetlands) SINGLE FAMILY RESIDENTIAL AREAS (Density is in dwelling units per gross acreage (DU/GA)) LAND COVER LAND COVER DENSITY C DENSITY C 0.20 DU/GA (1 unit per 5 ac.) 0.17 3.00 DU/GA 0.42 0.40 DU/GA (1 unit per 2.5 ac.) 0.20 3.50 DU/GA 0.45 0.80 DU/GA (1 unit per 1.25 ac.) 0.27 4.00 DU/GA 0.48 1.00 DU/GA 0.30 4.50 DU/GA 0.51 1.50 DU/GA 0.33 5.00 DU/GA 0.54 2.00 DU/GA 0.36 5.50 DU/GA 0.57 2.50 DU/GA 0.39 6.00 DU/GA 0.60 For land covers not listed above, an area -weighted "C x At" sum should be computed based on the following equation: C x A, = (C,xA,) + (C2x42) + ... +(C„xA,j, where A, = (A, + A2 + ...+A,j, the total drainage basin area. a (For use only in determining peak design flow for analyzing and sizing pipes, culverts or channels) 4.3.3-2 1 /90 ,KING COUNTY, WA QHINGTON, SURFACE WA -FIR DESIGN MANUAL TABLE 3.51C "n" AND "k" VALUES USED IN TIME CALCULATIONS FOR HYDROGRAPHS 'n; Sheet Flow Equation Manning's Values (For the Initial 300 h of travel) n'. Smooth surfaces (mx7ete, asphalt, gravel, or bare hard packed soil) 0.011 Fallow fields or loose sd surface (no residue) 0.05 Cultivated soil with residue cover ( s c - 0.20 h/ft) 0.06 Cultivated soil with residue cover (S> 0.20 ft/It) 0.17 Short prairie grass and lawns 0.15 Dense grasses 0.24 Bermuda grass 0.41 Range (natural) 0.13 Woods or forest with figta underbrush 0.40 Woods or forest with dense underbrush 0.80 -Manning values fa sneer flow only, from Overton and Meadows 1976 (See TR-M 1986) 9r Values Used In Travel Time/Tine of Concentration Calcuiatlons Shallow Concentrated Flow (After the initial 3001t. of sheet Now, R . 0.1) k■ 1. Forest with heavy ground litter and meadows (n•0.t0) 3 2. Brushy ground with some uses (n - 0.060) 5 3. Fellow or mizwnu n tillage cultivation (n-0.040) 8 4. High grass (n - 0.035) 9 S. Short grass. pamrs and lawns (n-0.030) 11 66 Nearly bare grand (n-0.025) 13 7. Paved and gravel arms (n-0.012) 27 Channel Flow (Intermaten) (At the beginning of visible channels: R-0.2) k. 1. Forested swale with heavy ground liner (n - 0.10) 5 2. Forested dnlrage course/ravine with defined channel bed (n-0.050) t0 3. Rock -lined waterway (n-0.035) 15 4. Grassed waterway (n-0.030) 17 5. Earth -lined waterway (n-0.025) 20 6. CMP pipe (n-0.024) 21 7. Concrete pipe (0.012) 42 8. Other waterways and pipes 0.50e/n Channel Flow (Continuous stream, R - 0.4) k- 9. Meandering stream with some pods (n - 0.040) 20 10. Rock -lined stream (n-0.035) 23 it. Grass -lined stream (n-0.030) 27 12. Other strasms manmade channels and pipe OM7/n-- --See Chapter 5. Table 5.3.6C for additional Matvhfngs 'n' values for open channels 3.5.2-7 1/90 KING COUNTY, WAS"TNGTON, SURFACE WATY - DESIGN MANUAL TABLE 3.51B SCS WESTERN WASHIlVGTON RUNOFF CURVE NUMBERS SCS WESTERN WASHINGTON RUNOFF CURVE NUMBERS (Published by SCS in 1982) Runoff curve numbers for selected agricultural, suburban and urban land use for Type 1A rainfall distribution, 24-hour storm duration. CURVE NUMBERS BY HYDROLOGIC SOIL GROUP LAND USE DESCRIPTION A B C D Cultivated land(1): winter condition 86 91 94 95 Mountain open areas: low growing brush and grasslands 74 82 89 92 Meadow or pasture: 65 78 85 89 Wood or forest land: undisturbed 42 64 76 81 Wood or forest land: young second growth or brush 55 72 81 86 Orchard: with cover crop 81 88 92 94 Open spaces, lawns, parks, golf courses, cemeteries, landscaping. good condition: grass cover on 75% or more of the area 68 80 86 90 fair condition: grass cover on 50% to 75% of the area 77 85 90 92 Gravel roads and parking lots 76 85 89 91 Dirt roads and parking lots 72 82 87 89 Impervious surfaces, pavement, roofs, etc. 98 98 98 98 Open water bodies: lakes, wetlands, ponds, etc. 100 100 100 100 Single Family Residential (2) Dwelling Unit/Gross Acre % Impervious (3) 1.0 DU/GA 15 Separate curve number 1.5 DU/GA 20 shall be selected 2.0 DU/GA 25 for pervious and 2.5 DU/GA 30 impervious portion 3.0 DU/GA 34 of the site or basin 3.5 DU/GA 38 4.0 DU/GA 42 4.5 DU/GA 46 5.0 DU/GA 48 5.5 DU/GA 50 6.0 DU/GA 52 6.5 DU/GA 54 7.0 DU/GA 56 Planned unit developments, % impervious condominiums, apartments, must be computed commercial business and industrial areas. , (1) For a more detailed description of agricultural land use curve numbers refer to National Engineering Handbook, Section 4, Hydrology, Chapter 9, August 1972. (2) Assumes roof and driveway runoff is directed into street/storm system. (3) The remaining pervious areas (lawn) are considered to be in good condition for these curve numbers. 3.5.2-3 1/90 r- 4 54- 2+ 150' VERii Ct4VE- 0..s+-k PLiloqcjt-- <1 kin rn JcL % 0. OD Ld o Ipt, Fy, Ld z.xis TIrRE-illfY 54o Ld vp k. - .,r � . .. ....... 10� MR -c-FPAWAi TOR ,w szx Ld ID LOCKING /-jo Ld 439.20 P. It r7 soz Ai ;SECTION JAF qla 26' OF IZr t'-COWTRA r1W Olf-IWA TER SEPARAI TOR :FOR Cill fro. ap-F�p ri AM W17-H CREN'Will ffO 73' OF 12 7D 0-3c-14 L17J . w 1.0ox cci RlAf FL. 4P y438 57 d'i SOL DCnAlla iw ORFLOi' EL: 432.D RIM da 12-0 AVV 426.00 4- 3 8. 4�9 CA 25ft PLACE S. '2'0 N;, 4,3�� 4 . Pl 400 0 lNrq- 432.Q> IT - L 4 IT, PA RKL A NE VENTURES 11VC PL A 7- OF HERI TA GE WOO ces Unfi MitedOS sW=gton 96006 (2fM1fUA-,m-voc* AR q /M ski � � • - _ ... � `. ��X � r2.+ ,ly � `_ _ - -- .. %�RD �R�.IN -1 + aa .25 RT } 'Q50 —� _ rvdr „ �- . - INV. 45s.04 .rpr�e 'cP -q I , IN ! EN 7*6 a.r 3 — f , _ G:SC �. 1 - . I 4+50 I3 25' L T. . YARD'9R�� L!D- r 50' cl ?3 oX a •tee � �. i R/1G1 447.0 � p !NV. 443.00 C.B 036--A426 'LT- 1110 428 4Ro ' `�i Cv�.� —1 2D0.5' 1.05% 1 25.7'� OF '? 1 CPZP. -- LANDSGP s16 � — � _ .. .�•--'.. - 4 �e.-u , •, r, \- 1'YPF■1/1 i6T/IRR/C.4QE - FIXP, Sr SIDEWp�LK STRIP cuR6 014 _ � _ � • �IC�%5 OMIR Na l6 - Rc�PTv mi l Tifi END\ OF ROAD MARItERS �+�./]E� III 3C*41 RED, WITH .7r7 % 2 �` ��2 7ipt= I `y- _ �• 0`�LX2-5j RT R�iD RD LECMRS / r - 41'r345Q �PE`�-11 54"� �� Y �4�50 13 4 \NASH� GRIM 4/0.0 o !� �� • -0IL > WA TER -SEPARATOR- D RR I N Rco) CK. ri IAW 407.60 �R 'R&WD SOLID, L-OG761NG L.ID`I. sea ass 400 - ✓ �. �13F�1£LV7� �'� �J `� f , - s I 1 414 -_ 4 - 412 ` 1 PER PIP' t MW 034 TYPE-l/ 48"a ao �> 2or lr-- ROUND, SOLID LID 396 RIM EL. 395.5 1'- YARD ORaIN f' ram 73aa1r — _. I soe q/0 ,_.} r r, I �+ f T �� 6'e /NV. 391.40 l2"e /NV. 386.98 394 I':'.�t -� ,.,. RIM 96.0 ;nu��s3 oc RfM'396.-&_ !� 4 V ,_ _ QO4 406, 4" Min. dfspth SANITARY �- --�.,.'-,:: . � _as � 400 ' SEWER GRA VEL ACCESS _ • _-.,.,, _ ROAD (SEE Sheet /6-AL 388 .� -� -` _ ?, 384 _aooER 386 ! - _ 380 1N ': ..i2'a 0.r?�. _ ,� �:_ __ CITY OF FEDERAL WAY 376 oL)WDWACMR 374 i APPROVAL DAT Now R '.BENCH %use ,HaRITI:�GSI WXr,,,NS- `` PL. • � 31GNAT>`]fi� � GR &35 TYPE -I/ 54'i 2"<r O.N.P. � - ----- - O/L/WATER SEPARA TOR f l C SCALE.,r"- 4' P_ ND SUB. 92- D5 .........:.-...... - _ - .-.-......._.-.--... i4�T.4/1TT4 T1tTis ��.��w �—mow TIM -;68. _ — NV 464-0 'ly . .a Izz 7-1 71 /325' RT f •Cp4 Ala.! � I �l `• ��. �� I 4450 13.25' LT YARD' t 3 _ j<—•_.� R/xf 44750' a7 ?3.01WV. 443.0 a 0 — r 25' L T. 428 _ 430 -- -� 1 � Z 0 3 424 ~1 ■ C.PEP. f+ I 4RO$ 200.5' 1.05X 25.7'�` of '2 i CREP. LANDSGPtP� =1e-- — ~V Tf'Pf"l// 16t�11+�71C,lILIE - FIX47 �S(DEWpjLK �R lP VET s16 _ crF-�u r _ �C'C1R15. Dwgt AQ !S CURE .- - ►� � SEE {�� ',� I �3B -!1 48 a Tli�ENIJIOF ROAD MARMERS - (►�d[ = 3C+41 Wl H RFD, T . •f .SH% 2 `1 a12 _+n ZL50--0251 RT ~ RED REIFLESTORS / tv410 P� I DGB't35`TYPE�IITEMaIr7R,4RY • ; l II YARD uRAIN ' -= fij I" _ 1 1@ :. 14+5Q 1� ' �•' t ' 4 �vgsH�y RIM 4I0.0 ava 'c, �- .MOWT R-SEPAR,TOI;^ f�- DRPrINRoc� 24 )i !NV. ao�so y Rol�W SOL19,LVCFINGLIDI_ 34II -� �I) 400SE,[PfEV7` �� — i f — 398 � � �-"' r- 414 ^ PM MH 034 TYPE-11 481e _ �: ` -- i lW 412 ROUND, SOLID LID 396 --- RIM FL. 395.5 �� ' ' I;.':: - _rXRO DRAIN YARD b&AI �� spe --- .-, 6"e INV. 391.40 - ' z �� I U 12'e /NV. 386.98 �91 ' RIMj96.0 96'a J - rnra�- rJ.00 d04 a� 1 _ 1 I 4" MIA depth SANITARY ~��`. f'' A, ae 290 �9' ,99 �� __� 402 SEWER GRAVEL ACCESS Jac Z 400 ROAD (SEE Sheet /6--AI. Sae `'� " ' _ ` _ADDER 386 �� 382 380 376 .a CAc> AT 374 HaRj%M7;(St: ...... ......... - C 1 TY OF FEDERAL WAY v? / 4- APPROVAL DAT 31 GNATIR6 GB. V35 TYPL- 11 54 r 01L/WA TER SEPARA TOR SGaLE- -- Z. P I T No. SUB . ," 92 �- - 05 - � i