The URL can be used to link to this page

07-104384 (2)f-1 CITY OF t Federal Way June 17, 2008 Mr. Dan Biles, PE Federal Way Village LLC PO Box 73790 Puyallup, WA 98373 CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com Re: File #07-104384-00-SU; REVIEW COMMENTS ON RESUBMITTAL Federal Way Village Boundary Line Adjustment; 33701 Pacific Highway South, Federal Way Dear Mr. Biles: City staff has completed review of the April 29, 2008, resubmittal. The following items must be submitted for review with regard to verifying authorization to record on behalf of multiple property owners: 1. Please submit a current title report — within the last 90 days. 2. Please submit a complete copy of Article 5 of the Operating Agreement of Kitts Corner Development. The following correction must be made to the submitted BLA drawings: 3. On Sheets 4 and 6, a segment of new lot line delineating the western boundary of new Lot 2 was omitted. This lot line must be added to the drawings. Please include the enclosed resubmittal form with any resubmittals. You may contact me at 253-835-2644 if you have any questions. Sincerely, 1 J net Shull, AICP enior Planner enclosure c: Ann Dower, Senior Engineering Plans Reviewer Monica Buck, Staff Attorney Jon Potter, Federal Way Village LLC, PO Box 73790, Puyallup, WA 98373 Jeffrey S. Kieswatter, PLS, ESM Consulting Engineers, 33915 1' Way South, Suite #200, Federal Way, WA 98003 File N07-104384-00-SU Doc I D 45761 CITY OF Alj�k , Federal July 2, 2008 CITY HALL Way 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com Mr. Jeffrey Kieswetter, PLS ESM Consulting Engineers 33915 lst Way South, Suite #200 Federal Way, WA 98003 Re: File #07-104384-00-SU; CONDITIONAL APPROVAL Federal Way Village Boundary Line Adjustment; 33701 Pacific Highway South Dear Mr. Kieswetter: The City of Federal Way has completed its review of the Federal Way Village Boundary Line Adjustment (BLA) application. The BLA calls for adjusting the boundary line between five parcels (tax lot numbers 202104-9004, 202104-9072, 202104-9001, 202104-9070, and 202104-9069). The BLA is hereby conditionally approved. 1. Prior to recording, an updated copy of the title report must be submitted that verifies property ownership of all parcels affected by the BLA has transferred to the applicant's representative with Mr. Leonard Schaadt as authorized signatory as indicated on the signed myler provided. In addition to the above, three paper copies of Sheets 1-3 and Sheet 5, plus the recording fee of $134.00 must be submitted. (Recording fee is $108.00 for the first sheet plus $5.00 for each additional sheet, plus $1.00 dollar for the conformed copy.) Please make the check out to the City of Federal Way. If you should have any questions regarding this letter or your BLA, please contact Senior Planner Janet Shull at 253-835-2644, orjanet.shull@cityoffederalway.com. Sincerely, S4�� Greg Fewins, Director Community Development Services c: Janet Shull, Senior Planner Ann Dower, Senior Engineering Plans Reviewer Monica Buck, Staff Attorney Dan Biles, PE, Federal Way Village LLC, Po Box 73790, Puyallup, WA 98373 Leonard C. Schaadt, 1026 Bellevue Way SE, Bellevue, WA 98004 Doc, I.D. 46096 Page 1 of 1 Janet Shull - Federal Way Village - BLA From: Monica Buck To: Janet Shull Date: 5/27/2008 10:26 AM Subject: Federal Way Village - BLA Ja net - I just left you a vm regarding the Federal Way Village BLA. Before signing off on this, I would like to see the remainder of Article 5 and Section 6.3 referenced in the Operating Agreement - at the very minimum I need to see Section 6.3. Also, I have 2 questions: 1. Does the Operating Agreement include the property owners for those parcels affected by the BLA? 2. Does the Memorandum of Agreement show up on title for those property owners? Thank you. I'll hold onto this until I have a chance to review Article 5 and Section 6.3. Monica file:M\Documents and Settings\default\Local Settings\Temp\XPgrpwise\483BE1DCCHP... 6/5/2008 Page 1 of 1 Janet Shull - FWW - BLA From: Monica Buck To: Janet Shull Date: 5/27/2008 10:28 AM Subject: FWW - BLA Sorry, 2 more questions. 1. Does allowing the Manager to sign on behalf of all property owners conflict with the FWCC? 2. You may want to contact King County (or have the applicant contact KC) to confirm they will accept this for recording. Monica file://C:\Documents and Settings\default\Local Settings\Temp\XPgrpwise\483BE261CHPO... 6/5/2008 � CITY OF Federal Warty DATE: 5/20/08 TO: Janet Schull FROM: Ann Dower SUBJECT: FEDERAL WAY VILLAGE - (07-104384-00-SU) 33701 PACIFIC HWY S; Public Works Review MEMORANDUM Public Works Department The boundary line adjustment provided on 5/20/08 have been reviewed. The applicant must make the following revisions: 1. Paper copies do not need to have an original stamp and signature since they will not be recorded. When the plans are ready for recording, mylar sets will be requested. These must be stamped and signed. 2. The signature block lists only Kitts Corner Development LLC as the owner. This is not indicated in King County's records. Please submit an update to the title report showing all owners and lenders. The names of all signators, along with the companies they represent, must appear under the Authorization. Proof of authority to sign on behalf of each company will be required. OF Federal Way DATE: May 20, 2008 TO: Monica Buck CC: Ann Dower FROM: Janet Shull MEMORANDUM Community Development Services Department SUBJECT: FEDERAL WAY VILLAGE BLA - (07-104384-00-SU) 33701 PACIFIC HWY S Please find attached copy of excerpts from the Kitts Corner LLC Operating Agreement that was established for the purposes of developing the Federal Way Village project, a copy of a recorded Memorandum of Agreement and copy of proposed Boundary Line Adjustment plan sheets for your review. I would like to know whether this signed Operating Agreement and Memorandum of Agreement would give Mr. Schaadt authority to sign on the face of a Boundary Line Adjustment (affecting multiple property owners), or whether we would still need each property owner to sign on the face of the BLA as is typically required. You will note that only excerpts of the Operating Agreement were supplied. I am assuming that we may need to review the entire agreement (or at least complete sections that are relevant - for example remainder of Article 5 and Section 6.3 which is referred to in Article 5). However, before I contact the applicant to ask for more information, I thought I would ask the larger question as to whether we will potentially accept the Operating Agreement and/or Memorandum of Agreement as evidence of Mr. Schaadt's authority to sign recording documents on behalf of numerous property owners. Please call me with any questions on this at X2644. LEONARD C.SCHAADT • Certified Public Accountant • 1026 Bellevue Way S.E. Bellevue, WA 98004 Telephone (425) 455-4772 Fax (425) 453-2762 January 11, 2007 Greg Fewins, Deputy Dir. Community Dev. City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 Dear Greg; RECEIVED BY :0WliN17Y DEVELOPMENT DEPARTMENT JAN 16 2007 The various property owners at Kitts Corner have joined together to form an LLC for the purpose of dealing with the development and sale to Stateside Investments of the property know as Kitts Corner. I am the manager acting on behalf of the new entity, Kitts Corner Development, LLC. For our records, I am enclosing exerts from the operating agreement of Kitts Corner Development, LLC, that show the formation of the LLC, identifies the members, and outlines the authority of the manager to manage the affairs of the LLC. I am also enclosing a copy of the compensation agreement which identifies me as the manager. If you need any additional information to show that I am authorized to act on behalf of all of the property owners, please let me know. Sincerely Leonard C. Schaadt, CPA Manager Member: American Institute of Certified Public Accountants and Washington Society of Certified Public Accountants OPERATING AGREEMENT OF KITTS CORNER DEVELOPMENT, LLC THIS OPERATING AGREEMENT (the "Agreement") is made and entered into effective as of 9 - s 7 - . 2004, by and between the Members in the Company who have executed this Agreement. RECITALS A. The Members each own parcels of real estate located at Kitts Corner in Federal Way, Washington, as described on the attached Exhibits A through E, which together constitute the Project Real Estate. B. The Members have been approached by Stateside Investments, LLC, which is interested in purchasing the Project Real Estate, provided that certain development permits and approvals have been obtained by the Members. C. The Members have formed the Company in order to prepare the Project Real Estate for acceptance of a development agreement with the City of Federal Way, and to facilitate the sale to Stateside. The Members desire to contribute the Project Real Estate to the Company and pursue the Project on the terms and conditions set forth in this Agreement. ARTICLE 1. DEFINITIONS The following terms used in this Agreement shall have the following meanings (unless otherwise expressly provided herein): as well as any addition thereto pursuant to the next -to -last sentences Sections 1.704-2(g)(1) and (i)(5) of the Regulations; and (B) debit to such Capital Account the items described in Sections 1.704-1(b)(2)(ii)(d)(4), (5) and (6) of the Regulations. This definition is intended to comply with the provisions of Sections 1.704-1(b)(2)(ii)(d) and 1.704-2 of the Regulations and will be interpreted consistently with those provisions. 1.14. "Designated Representative" means an individual designated by each Member to act as that Member's representative for voting, notice, and all other purposes in connection with the Company. Each Member grants to its Designated Representative the power and authority to act on behalf of such Member in all matters relating to the Company, and the Company and the other Members shall be entitled to rely on such action as the action of the Member. The initial Designated Representatives of the Members are as follows: Member: Kitts Corner Partners LLC Campus Gateway Associates, L.P. Merlino Tenancy in Common Chase/MacLeod Tenancy in Common Knight/Cloe Tenancy in Common Designated Representative: Leonard C. Schaadt Leonard C. Schaadt Jean Merlino John H. MacLeod Wayne Knight A Member may change its Designated Representative from time to time by written notice to the Manager and the other Members. ARTICLE 4. MEMBER INFORMATION The names, addresses, capital contributions, values of contributed real estate, and Percentage Interests of the Members are set forth on the attached SCHEDULE I, as amended or restated from time to time. The Manager is hereby authorized and directed, without further approval of the Members, to amend SCHEDULE I, from time to time, to reflect the admission, withdrawal, and substitution of Members or changes in their names and addresses, and to take whatever action the Manager deems appropriate or necessary to update the Company's books and records to reflect such changes in the identity, names and addresses of the Members. If, after admission to the Company as a Member, a Member changes its name or address, or transfers part or all of its Membership Interest, subject to the restrictions on transfer contained in this Agreement, the Member shall promptly notify the Manager of such change to permit the updating of SCHEDULE I and the Company's books and records. ARTICLE 5. MANAGERS; RIGHTS AND DUTIES 5.1. Management. The business and affairs of the Company shall be managed by the Manager. Except as provided in Section 6.3 below or otherwise expressly provided in this Agreement, the Manager shall have full and complete authority, power and discretion to manage and control the business, affairs and properties of the Company, to make all decisions regarding those matters and to perform any and all other acts or activities customary or incident to the management of the Company's business. Unless authorized to do so by the Manager, no Member, employee or other agent of the Company shall have any power or authority to bind the Company in any way, to pledge its credit or to render it liable for any purpose. Subject to the limitations set forth in this Agreement, the Manager shall have full power and authority, on behalf of and at the expense of the Company, to: (a) acquire, improve, manage, operate, and, in accordance with the Stateside Agreement, sell the Project Real Estate and any personal property of the Company, including without limitation pursuing any permitting, platting, and other governmental or other approvals necessary or appropriate in connection with the Project; Operating Agreement - Final Page 7 #264820 18178-003 5 c407!doc 9/15/04 COMPENSATION AGREEMENT COMPENSATION AGREEMENT (the "Agreement") dated as of October , 2004, between Kitts Corner Development, LLC, a Washington limited liability company (the "Company"), and Leonard C. Schaadt ("Schaadt"). Capitalized terms not defined in this Agreement shall have the meanings set forth in the Operating Agreement for the Company dated as of September 27, 2004, as amended (the "Operating Agreement"): RECITALS A. The Members of the Company own certain parcels of land located at Kitts Corner in Federal Way, Washington. As further described in the Operating Agreement, the Members have formed the Company for the purpose of acquiring, permitting, preparing for acceptance of a development agreement with the City of Federal Way, and ultimate selling such land to a third party. B. Prior to the formation of the Company, Schaadt performed significant services on behalf of the Members in furtherance of the purposes described above and in connection with the formation of the Company itself. Pursuant to the Operating Agreement, Schaadt has been appointed as the Manager of the Company. C. The Company and Schaadt desire to enter into this Agreement to provide for compensation to be paid to Schaadt for his services (i) to the Members prior to the formation of the Company, and (ii) in his capacity as Manager of the Company (together, the "Services"). AGREEMENTS In consideration of the mutual promises and covenants contained in this Agreement, and for other good and valuable consideration, the Company and Schaadt agree as follows: i. Services is Alanager. Schaadt confirms his agreement to serve as the Manager of the Company on the terms and conditions set forth in the Operating Agreement. 2. Compensation. As compensation for the Services, the Company shall pay Schaadt a management fee as follows: 2.1 If Schaadt is still serving as Manager at the closing of the sale of a portion of the Project Real Estate, the Company shall pay him an amount equal to of the gross sales price received by the Company at such closing. 2.2 If, at the closing of the sale of a portion of the Project Real Estate, Schaadt is no longer serving as Manager for any reason other than his removal by the Members for cause (as defined below), the Company shall pay him an amount equal to Compensation Agreement page 1 #284290 18178-003 63cy01l.doc 10/8/2004 of the gross sales price received by the Company at such closing. 2.3 If Schaadt has been removed as Manager for cause, then he shall receive no further fee under this Agreement or Operating Agreement. For the purposes of this Agreement, "cause" shall mean a material breach of his obligations as Manager pursuant to the Operating Agreement and applicable law. Subject to Section 5.3 of the Operating Agreement, any such removal and reduction in the management fee shall not limit any other remedy that may be available to the Company or the Members at law or in equity. 2.4 Any fee payable pursuant to this Agreement shall be paid to Schaadt from escrow at the same time that funds are released from escrow to the Company. 3. Applicable Law. This Agreement shall be governed by the laws of the State of Washington. 4. Attorneys' Fees. In the event any action is brought regarding the enforcement or interpretation of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees and costs. 5. Assignment. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other; provided, that in the event of Schaadt's death, any fee payable to him pursuant to this Agreement shall become a part of Schaadt's estate and shall be distributed to his personal representative. 6. Effectiveness, Amendment. By its execution and delivery of this Agreement, the Company confirms that this Agreement has been approved by the Members of the Company as provided in Section 6.3(b) of the Operating Agreement. This Agreement may be amended only in writing signed by both parties. If an amendment would increase the compensation to be paid to Schaadt or provide for payment terms more favorable to him, that amendment shall become effective only upon approval of the Members of the Company as provided in Section 6.3(b) of the Operating Agreement. DATED and effective as of the date first above written. KITTS CORNER DEVELOPMENT, LLC, a Washington limited liability company CA its Compensation Agreement page 2 #284290 18178-003 63cy01!.doc 10/8/2004 Form No. 14 Subdivision Guarantee Guarantee No.: 4268-977495 GUARANTEE Issued by First American Tit/e Insurance Company 3866 S 74th St, Tacoma, WA 98409 Title Qffl'cer Pat Fullerton Phone: (253)471-1234 FAX., RECEIVED JAN 2 S 2007 CITY OF FEDERAL WAY BUILDING DEPT. FirstAmerican Tide Form No.14 Subdivision Guarantee (4-10-75) 4SR ,C� First American Pat Fullerton (206)615-3055 pfullerton@firstam.com LIABILITY FEE Amy Garza (206)615-3010 amgarza@firstam.com $ 1,000.00 Title Team One FIFTH COMMITMENT Fax No. (866) 904-2177 Colleen Franz (206)615-3050 ciranz@firstam.com SUBDIVISION GUARANTEE Guarantee No.: 4268-877495 Page No.: 1 First American Tide Insurance Company 3866 S 74th St Tacoma, WA 98409 Phn - (253)471-1234 Fax - Jennifer Salas (206) 615-3011 jsalas@firstam.com Tina Kotas (206)615-3012 tkotas@fimtam.com ORDER NO.: $ 350.00 TAX $ 30.80 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company 4268-877495 Federal Way Village LLC Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Federal Way Village LLC herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: January 09, 2007 at 7:30 A.M. FirstAmerican Title Form No. 14 Subdivision Guarantee (4-10-75) FIFTH REPORT SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Guarantee No.: 4268-877495 Page No.: 2 Wayne B. Knight and Dagmar Q. Knight, husband and wife, and Jane Cloe, as her separate estate, as to Parcel A; John H. MacLeod and Sarah MacLeod, who also appears of record as Sally MacLeod, trustees under the John H. MacLeod and Sarah MacLeod Family Trust, U.D.T. August 8, 1986; and William J. Chase and Jeanette M. Chase, trustees of the William J. Chase and Jeanette M. Chase Living Trust, as to Parcel B; Jean M. Merlino, presumptively subject to the community interest of her spouse if married on or since June 28, 1993; James E. Merlino, as his separate estate; and Merlino Federal Way Land LLC, a Washington limited liability company, as to Parcel C; Campus Gateway Associates, a Washington limited partnership, as to Parcel D; Kitts Corner Partners LLC, a Washington limited liability company, as to Parcel E; Ralph O. Jones, Jr., as his separate estate, as to Parcel F; and E. Curtis Nelson, Jr., and Elizabeth A.H. Nelson, husband and wife, as to Parcel G B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: The land referred to in this report is described in Exhibit A attached hereto. RrstAmerican Title Form No. 14 Subdivision Guarantee (4-10-75) EXHIBIT A LEGAL DESCRIPTION Parcel A: Guarantee No.: 4268-877495 Page No.: 3 The North half of the North half of the North half of the Southeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington, lying Westerly of State Highway. Parcel B: That portion of the South half of the South half of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington, lying West of the Seattle -Tacoma Highway; EXCEPT roads, and EXCEPT the following portion: Beginning at a point on the West boundary of the Seattle -Tacoma Highway 30 feet Northeasterly of a point where the West boundary of said highway intersects the South line of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M.; running thence West parallel with the South line of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., 200 feet; running thence North 0110'12" East to the North line of the South half of the South half of said Northeast quarter of the Northeast quarter of said Section 20; thence East along said line of said South half of the South half of the Northeast quarter of the Northeast quarter of said Section 20 to the West boundary of the Seattle -Tacoma Highway; thence Southwesterly along the West line of Seattle -Tacoma Highway to the point of beginning. ALSO EXCEPT therefrom that portion conveyed to the State of Washington by instrumnet recorded under Recording No. 3722662. Parcel C: The North half of the South half of the Northeast quarter of the Northeast quarter of Sectino 20, Township 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT that portion thereof described as follows: Commencing at the Northeast corner of said Section 20; thence South 00009'38" West along the Easterly line thereof 877.49 feet; thence North 89048'55" West 241.00 feet to the true point of beginning; thence continuing North 89148'55" West 82.00 feet; thence South 00109'38" West 108.68 feet; thence South 89148'55" East 82.00 feet; thence North 00109'38" East 108.68 feet to the true point of beginning; AND EXCEPT that portion thereof described as follows: Commencing at the Northeast corner of said Section 20; thence South 00009'38" West along the Easterly line thereof 877.49 feet; thence North 89048'55" West 60.00 feet to the West boundary of Primary State Highway No. 1 (also known as U.S. Highway 99) and the true point of beginning; FirstAmerican Tide Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4268-877495 Page No.: 4 thence continuing North 89°48'55" West 181.00 feet; thence South 00109'38" West 108.68 feet; thence South 89148'55" East 81.00 feet; thence South 00109'38" West 24.87 feet; thence South 89148'55" East 90.00 feet, more or less, to the Westerly margin of said Primary State Highway No. 1; thence Northerly along said West margin to the true point of beginning. AND EXCEPT that portion thereof conveyed to the State of Washington for Primary State Highway No. 1 (also known as U.S. Highway 99). Parcel D: The Northeast quarter of the Northwest quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M.; Except the West 300.00 feet thereof; AND Except the North 42 feet thereof conveyed for road by deed recorded under Recording No. 7410030037; TOGETHER with the North half of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington; Except the North 42 feet thereof conveyed for road by deed recorded under Recording No. 7410030037; And Except that portion lying Westerly of Primary State Highway No. 1 (Pacific Highway South) as conveyed by deeds recorded under Recording Nos. 1778234 and 3715474. And Except the East 223.6 feet of that portion of the South 223.6 feet of the North 265.6 feet of the East 319 feet of the North half of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., lying Westerly of Primary State Highway No. 1 (Pacific Highway South) as conveyed by deed recorded under Recording No. 1778234 (said "excepted" parcel also being known as an unidentified Lot in King County Boundary Line Adjustment No. 8810007, recorded under King County Recording No. 8812200807). ALSO Except that portion conveyed to the City of Federal Way under instrument recorded under Recording No. 20020926001701. (Also known as New Lot 2 of King County Boundary Line Adjustment No. BLA 00-105818-000-00-SU, recorded under Recording No. 20010802900007) Parcel E: That portion of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the intersection of the South margin of South 336th Street with the West margin of Pacific Highway South, as conveyed by deed recorded under Recording No. 1778234; thence South 1112'23" West along said West margin 223.60 feet to the South line of the North 265.60 feet of said subdivision; thence North 88144'45" West along said South line 223.60 feet to the West line of the East 262.40 feet of said subdivision; thence North 1012'23" East along said West line 223.60 feet to the said South margin of South 336th Street; thence South 88044'45" East 223.60 feet to the point of beginning. FirstAmerican Tide Form No. 14 Guarantee No.: 4268-877495 Subdivision Guarantee (4-10-75) Page No.: 5 EXCEPT those portions conveyed to the City of Federal Way by deeds recorded under Recording Nos. 19990816000053,19990819001819 and 20020927001676. Parcel F: That portion of the South half of the South half of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the point of intersection of the Westerly boundary of Primary State Road No. 1 as the same existed prior to July 29, 1947, with the Southerly line of said subdivision, and running thence Northeasterly, along said prior boundary line, 30 feet to the true point of beginning of the tract herein described; thence Westerly, parallel to the Southerly line of said subdivision 200 feet; thence North 0010'12" East to the Northerly line of said subdivision; thence Easterly, along said Northerly line, to said prior Westerly boundary of State Road No. 1; thence Southerly, along said Westerly boundary to the true point of beginning; Except that portion of the North 25 feet thereof, lying East of a line drawn South 013702" East from a point on the North line of said subdivision which is South 8902702" West 100 feet from the Westerly line of Primary State Road No. 1 as conveyed to the State of Washington by deeds recorded under Recording Nos. 3706374 and 3722663, records of said County; AND EXCEPT that portion conveyed to the State of Washington for highway purposes by deed recorded in Volume 2663 of Deeds at Page 127, records of said County. Parcel G: That portion of the South half of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, range 4 East, W.M., in King County, Washington, described as follows: Commencing at the Northeast corner of said Section 20; thence South 00009'38" West along the Easterly line thereof, 877.49 feet; thence North 89c'48'35" West, 137.00 feet to the Point of Beginning; thence continuing North 891148'35" West, 186.00 feet; thence South 00109'38" West, 108.68 feet to the South line of the North half of said subdivision; thence South 89148'35" East, along said South line, 183.00 feet; thence South 00109'38" West, 24.87 feet; thence South 89148'35" East, 86.28 feet to the Westerly margin of Primary State Highway No. 1 (also known as U.S. Highway 99); thence along said Westerly margin along a curve to the left, the center of which bears North 82030'57" West, 2805.00 feet distant, through a central angle of 00033,2011, an arc distance of 27.20 feet; thence North 89048'35" West, 56.73 feet; thence North 27056'13" West, 20.98 feet; thence North 00109'38" East, 88.05 feet to the True Point of Beginning. (Also known as Revised Parcel B of City of Federal Way Boundary Line Adjustment No. 99-0007, recorded under Recording No. 20000126900005) APN: 202104-9004-04, 202104-9072-01, 202104-9001-07, 202104-9070-03, 202104-9069-06, 202104-9080-01 and 202104-9090-09 FirstAmerican Title Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: Guarantee No.: 4268-877495 Page No.: 6 1. General taxes and assessments, if any, for the year 2007, in an amount not yet available, which cannot be paid until the 15th day of February of said year. Tax Account No.: 202104-9004-04, 202104-9072-01, 202104-9001-07, 202104- 9070-03, 202104-9069-06, 202104-9080-01 and 202104-9090- 09 1st Half Assessed Land Value: $ 6,282,200.00 Assessed Improvement Value: $ 106,600.00 2nd Half Assessed Land Value: $ 6,282,200.00 Assessed Improvement Value: $ 106,600.00 (Said taxes have not yet been certified) Note: Taxes and charges for 2006 were paid in full in the amount of $75,298.58. 2. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for sewer, water and public facilities of Federal Way as disclosed by instrument recorded under recording no. 8905120210. 3. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Harry J. Horan as his sole and separate property pursuant to Decree of Dissolution entered in King County Superior Court Grantee/Beneficiary: Ray E. Zimmerman Trustee: Commonwealth Land Title Company of Washington, a Washington corporation Amount: $250,054.45 Recorded: November 19, 1992 Recording Information: 9211190738 According to the public records, the beneficial interest under the deed of trust was assigned to Zimmerman Properties Limited Partnership by assignment recorded January 6, 1993 as 9301060635 of Official Records. Portion Parcel G 4. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: James E. Merlino, Michelle F. Merlino, Jean M., Paul L. Merlino and Cheryl Merlino Grantee/Beneficiary: The City of Federal Way, Washington, a Washington municipal corporation Trustee: Chicago Title Insurance Co., a Missouri corporation Amount: $120,000.00 Recorded: April 21, 1997 Recording Information: 9704211044 Parcel C FirstAmerican Tide Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4268-877495 Page No.: 7 5. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Campus Gateway Associates, a Washington limited partnership Grantee/Beneficiary: The City of Federal Way, Washington, a Washington municipal corporation Trustee: Chicago Title Insurance Co., a Missouri corporation Amount: $60,000.00 Recorded: April 21, 1997 Recording Information: 9704211045 Parcel D and other property 6. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: William J. Chase and Jeanette M. Chase, husband wife, as Trustees of the William J. Chase and Jeanette M. Chase Living Trust, and John H. MacLeod and Sarah MacLeod, husband and wife, as Trustees under the John H. MacLeod and Sarah MacLeod Family Trust Grantee/Beneficiary: The City of Federal Way, Washington, a municipal corporation Trustee: Chicago Title Insurance Co., a Missouri corporation Amount: $90,000.00 Recorded: April 21, 1997 Recording Information: 9704211051 Parcel B 7. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: E. Curtis Nelson, Jr., and Elizabeth H. Nelson Grantee/Beneficiary: Washington Trust Bank Trustee: First American Title Company Amount: $182,000.00 Recorded: January 10, 2001 Recording Information: 20010110000491 Parcel G 8. Question of the marital status of Jean M. Merlino on June 28, 1993, date of acquiring title. In addition, title is subject to matters which the record may disclose against the name of said spouse, if married. 9. Terms and conditions of the William J. Chase and Jeanette M. Chase Living Trust, under which title is vested. 10. Terms and conditions of the John H. MacLeod and Sarah MacLeod Family Trust, under which title is vested. 11. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. FirstAmerican Title Form No. 14 subdivision Guarantee (4-10-75) Guarantee No.: 4268-877495 Page No.: 8 12. Easement resulting from King County Superior Court condemnation, including terms and provisions contained therein: Cause No.: 823293 In Favor of: Lakehaven Sewer District For: sewer main(s) Affects: Parcel A 13. Terms, covenants, conditions and restrictions as contained in unrecorded Lot Line Adjustment No. 685018, disclosed by numerous instruments of record. Parcel G 14. Easement, including terms and provisions contained therein: Recording Information: 7612010610 In Favor of: Lakehaven Sewer District For: sewer main(s) Parcel C 15. Right to make necessary slopes for cuts or fills upon said premises for 336th Street as granted by deed recorded October 8, 1974 under recording no. 7410080037. Parcel D 16. Easement, including terms and provisions contained therein: Recording Information: 7612010602 In Favor of: Lakehaven Sewer District For: sewer main(s) Parcel D 17. Easement, including terms and provisions contained therein: Recording Information: 7612010603 In Favor of: Lakehaven Sewer District For: sewer main(s) Parcel D 18. Easement, including terms and provisions contained therein: Recording Information: 7612230644 In Favor of: Lakehaven Sewer District, a municipal corporation For: sewer mains and appurtenances Parcel B 19. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey No. 8610279015, recorded in volume 52 of surveys, at page(s) 1, in King County, Washington. FirstAmerican Title Form No. 14 Guarantee No.: 4268-877495 subdivision Guarantee (4-10-75) Page No.: 9 Parcel G 20. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revisions): Recorded: December 20, 1988 Recording Informaton: 8812200807 21. Easement, including terms and provisions contained therein: Recording Information: 8812231027 In Favor of: Exxon Corporation For: access Parcel E 22. Right to make necessary slopes for cuts or fills upon said premises for South 336th Street as granted by deed recorded May 12, 1989 under recording no. 8905120210. 23. Easement, including terms and provisions contained therein: Recording Information: 9210272854 In Favor of: owners For: ingress and egress Parcel G 24. Easement, including terms and provisions contained therein: Recording Information: 9601020659 In Favor of: City of Federal Way For: drainage facilities Parcel A 25. Easement, including terms and provisions contained therein: Recording Information: 9601020660 In Favor of: City of Federal Way For: drainage facilities Parcel A 26. Easement, including terms and provisions contained therein: Recording Information: 9601020661 In Favor of: City of Federal Way For: detention and wetland/stream restoration Parcel A 27. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey No. 9607129012 , in King County, Washington. FirstAmerican Tide Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4268-877495 Page No.: 10 28. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes: Recording Information: 9704211043 29. Easement, including terms and provisions contained therein: Recording Information: 9704211047 In Favor of: City of Federal Way For: innundation/surface water Parcel B 30. Easement, including terms and provisions contained therein: Recording Information: 9704211048 In Favor of: City of Federal Way For: wetlands, stream & buffers Parcel B 31. Easement, including terms and provisions contained therein: Recording Information: 9704211049 In Favor of: City of Federal Way For: access maintenance road & storm drainage Parcel B 32. Easement, including terms and provisions contained therein: Recording Information: 9704211050 In Favor of: City of Federal Way For: dam & appurtenant surface water structures & wetlands mitigation and stream reconstruction Parcel B 33. Easement, including terms and provisions contained therein: Recording Information: 9704220986 In Favor of: City of Federal Way For: inundation Parcel C 34. Easement, including terms and provisions contained therein: Recording Information: 9704220987 In Favor of: City of Federal Way For: access maintenance road & storm drainage Parcel C FirstAmerican Title Form No. 14 Subdivision Guarantee (4-10-75) 35. Easement, including terms and provisions contained therein: Recording Information: 9704220988 In Favor of: City of Federal Way For: westaands & stream buffers Parcel C 36. Easement, including terms and provisions contained therein: Recording Information: 9704221245 In Favor of: City of Federal Way For: manhole & related facilities Parcel D 37. Easement, including terms and provisions contained therein: Recording Information: 9704221246 In Favor of: City of Federal Way For: manhole & related facilities Parcel D 38. Easement, including terms and provisions contained therein: Recording Information: 9704221247 In Favor of: City of Federal Way For: wetlands & stream buffers Parcel D Guarantee No.: 4268-877495 Page No.: 11 39. Easement, including terms and provisions contained therein: Recording Information: 9704221248 In Favor of: City of Federal Way For: access maintenance road & storm drainage Parcel D 40. Easement, including terms and provisions contained therein: Recording Information: 9704221249 In Favor of: City of Federal Way For: inundation Parcel D 41. Easement, including terms and provisions contained therein: Recording Information: 9706180616 In Favor of: City of Federal Way For: manhole & related facilities Parcel D First American Title Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4268-877495 Page No.: 12 42. Possession and Use Agreement and the terms and conditions thereof: Between: City of Federal Way, a Washington municipal corporation And: Rajinder Johal and Kulwinder Johal, husband and wife Recording Information: 9806052195 Parcel E 43. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes: Recording Information: 19990816000033 44. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revisions): Recorded: January 26, 2000 Recording Informaton: 20000126900005 45. Easement, including terms and provisions contained therein: Recording Information: 20010110000492 In Favor of: mutual owners For: reciprocal easements (driveway aisles) Parcel G 46. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revisions): Recorded: August 2, 2001 Recording Informaton: 20010802900007 4T Easement, including terms and provisions contained therein: Recording Information: 20030109002453 In Favor of: City of Federal Way For: rights -of -way and utilities Parcel E 48. The terms and provisions contained in the document entitled "Ordinance No. 05-490" Recorded: June 24, 2005 Recording No.: 20050624000625 Said instrument also recorded under Recording Nos. 20050624000623, 20050624000624, 20050624000626,20050624000627,20050624000628,20050624000629,20050624000630 49. The terms and provisions contained in the document entitled "Memorandum of Agreement to Purchase Real Property" Recorded: September 19, 2006 Recording No.: 20060919000872 FirstAmerican Title Form No. 14 Guarantee No.: 4268-877495 Subdivision Guarantee (4-10-75) Page No.: 13 50. Matters that may be disclosed upon recordation of the final subdivision. INFORMATIONAL NOTES A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. First American Title Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Guarantee No.: 4268-877495 Page No.: 14 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters exduded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any speck assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) ''land": the land described or referred to In Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination try a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal From an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so. prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Forth No. 1282 (Rev. 12115195) First American Tide Form No. 14 Subdivision Guarantee (4-10-75) 6. options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the optlon to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fee; and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with arty costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company Is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. Guarantee No.: 4268-877495 Page No.: 15 (c) "the Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attomeys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, In which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement Whenever the Company shall have settled and paid a dalm under this Guarantee, all right of subrogation shall vest In the Company unaffected by any act of the Assured claimant The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a daim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Tftle Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract (a) This Guarantee together with all endorsements, If any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice l resident, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1262 (Rev. 12/15/95) FirstAmerican Title gRTMENTofASSESSMENTS �1/t3.1 LRIVit' ]-.V r1%.C. rAnR DIY. I • `� ra. l.. • —t �f t I n ` i LHc f 8 tot 2 i i FWUA oo-SG591Gbw-Go-51j Zoo SoeozY0000] 1 WEST CAMPUS SUMNESOFFICE PaL ARK WEST CAMPUS BUSINESS PARK j of f dd t CAMPUS PARK mN7ING SITE�PLAN — •' f �. rF aY 4�� • r ' F �, g _ a L k �� + IteS.L Y 4d '7D210d a7' +LTS f „ K j� T w ,E9. W. UL. 99-0991 d ! INESS PARK m," I wl m f 390 I KI _ L ML 1 mr I •• ING SfiEdLAN �� ~R 1 — '� LS ;.a ¢ePum1 ' •X 9 n +a i tten � ? 9 ICfI _ am ' z3• 9,m K ' dy1 d � u K w 6FT„pn AF lsml m 9(eP w+ ,ee, rm r 7enoa9e91 f4 wmcu u 7nnmw27 �a � • a d � enK � � � s � f R 1m6 wIL ok n .. lot d I imi NE 20-21-04 Fucm ��%•�w~�rr-,,.�r.�•+frtw��..�aw4 _- mna �e wi�a.�iarrrr.� ��iw �µ — �_ —•-�- rrn _� / f Q1EY{ J H7 of ASSESSMENTS w�rtl� `era.—..�.+W�i�r.�.•._ww_rw.alrw� ~�• C=7 MrlP13DM 6 I : 14- 1� _ Lot 2 iI - A43I OD-:NJBI!-Ooo-Do- 2DD1o9D29ppDD7 oil y 1 WEST CAMPUS Im r + IsUSINESS & G f OFFICE PARK. r t4 WEST CAMPUS 13 SINM PARK a ~h a� CAMPS �PARK MNDNG SITE LAN I •' + .. ---q, _ _ w;w 4 t k�MFMR , � Y��(� )-16 • abRx4. ---------- � 3 s3 ;tlC s•r! e+a �. .w II" fgmw pliQpaett . L Lot 2 I� a FWLLA 00-105839-000-00-SUi 20010902900007 _ -•' - ff •• rw I er®.emw �IMal _ jJ s le. ma. • • - FED. My RA vo- 7 smtao T CAMPUS 'BUSINESS PARK''; ' � - - ov ` on•. � '� - r.x a raa - ' _ - � SITELAN " I US PARK PARK BINDING ' a . i z.•h. A;•v�'. .sS�..t'-�i►'� - '6+�1YW- -. .•-.� 4� ..�.w�.Y +t r,�..r.:s_:. r..NI?:K.�_, •rry rr.+�'•.f:`•�'{'w?-� --• �.1 ip?r �wrly+�V�q 1 i r. J iRe urn Address: {' Lynn1O. Hu6t :.� Montg�7mery, Purdue,,• Blankinship & Austin, 58o0-Coltisnbia Center "7014ifth Seattle:WA8104�7096`` ,` 20060919000872 fty4 14URST NE110 3g .00 V PRGS1301 OF 005 F 09IZ912Q06 12:43 KING COUNTY, UA Y Mg inarindiYnq--4 Agreeisiient Reference Number(s) of related document(s): MA. Grantors Kitts;Comer Development, L.LC. Grantee: I?ederal`ay Village LLC Legitl Dc�cripiion (abbreviated): A Portion of Section 20, To"shiR21 North, Range 4 East, WM., iri' Kind County, Washington. Full ]egal(s) on..ppgefexhibit A. Assessor's; ax Parc-A FD'Numbers: 2021049069; 2021049070; 202104900L;`202-1049072; 20210490t'4 KI�MO."Um OF AGREEMENT TO PURCHASE REAL PROPERTY L Purpose of Mernorand•um..;'"This W nnrandum is recorded in order to give actual and constructive notice to all other persons df the existence of the agreement ("Agreement") to purchase, on certain terrr.s and, c6nditions, cgtlain:ieaI-Property located in the County of King, State of Washington betricen the parties hereto.::' " 2. Parties- The parties to the Agreement arc, 2 1 Kitts Corner Development, Uq and 2 2. Federal Way Village L.L.0 which frt y be c6nta t-cd ihrottgh., .Ian 'Potter, 3611 29th Avenue West, Seattle, WA 98199. .3. Real Property. The real property affected by Iiie.--Agrq�merit is`le&hl described ❑n the attached Exhibit A to this Memorandum. 4. All Terms Not Contained in this Memorandum. All of tie 1"s of rbe Agreement -ace nox:- contalned in this Memorandum and any person Who is potentially interested in t4ie' a ffected �, . • .ls. real property should make further inquiry of the parties hereto. This Merrtaranduryi noes ria1' := constitute an amendment or modification of'the Agreement. 1 Kitts Kifts erD elap ent,L,LC - Its authorized representative f STATE OFWAMiPGTON ss, COUNTY OIF KING 4 I certify that I lmaw or havhavessatikfhctorevidgfivi 4i 1m WArtbc person who appeared *49 before me, and said person-aclail6pledied tidt hc:'igaid this instrument, on aktth stated that he was authorized to execute the ftsh-thwul PndagknDVAedgdd jW9'the b4thorizcd tep entative of'Kifts Comer Devcloprnziat, JLC to PC [beflee *e gi-r(d vol6nts-r4y acvrbfsuch party 6'r the uses aid purposes stated therein. Dated sW93j,66 Xi. . ............. 4p% zi� , N `Ift M. -A, 40 )6 Wse ildsi s-Rdec foF. aqtarhs NOTARY PUBLIP, Sta My appointment CXP4�s 4:h., a, 2 J� r a k, t Y r x r EXHIBIT A : Legal Descriptions Parcel 1 jr.a THAT.P&TON OF THE NORIUEAS`f QUARTER OF THE NORTHEAST QUARTER OF Sl CTlON 20 0*14S' 0-1 21 NO"A RA,i+,fGEAST, W.M., IN KING COUNTY, WASHINOTON, DE,SaCRIHEO A� FOLLQW92'. { COMMENC&O AT THE INI ERSE-c jrbN 4-THE SOUTH MARGIN OF SOUTH 336� STREET WITH THE WEST MARGIN OF PACIFIC I- IGHWAY SOLITH, AS CONVEYED BY DEED RECORDED?-VNDEk RE-601 DI15'090" . 1778734; THENCE SOUTH 10I2'23" WEST.- LONGAAII7 WEST MAkOINh3-60 FEET TO THE SOUTH LINE OF THE NORTii ?� 5.f0 Fes' OF,3Alb SUBQNIFION; THENCE NORTH 88°44'55" WEST }�LQOG mb SOUwi LANE`b3.60 FEET TO THE WEST LINE OF THE EAST 262.40 FEET QF SAJ SUBDi ISI 3N;{'`' ° • r THENCEy11j7RTH 1 ° 12'23" EAST ALONG SAI * N' iST LANE :2234f f TQ THI 'SAID SOUTH MARGIN OF SOUTH 336Ta STREET;: r-`• s r THENCE SOUTH88°44'S5" EAST 223.60 FEE1`"ITH1r PCiiN' OF+BeGINNiNG, EXCEPT'PORTION CONVEYED TO THE CITY 4 FI DERALVAV BY DEEDS lZ COPkbF UNO-ER RECORDING NUMBERS 19990816000053, 1999080QO181,0 AND 400209270Q$676,�' 'Parcel2 r` THE tv ]Ft7H1yAS-' QUART'ER'OF TI31:,NORTHWEST QUARTER OF THE NORTHEAST QUARTER OP+SEtT16N 90-+'T01Y�40�, 1 NORTH, RANGE 4 EAST. W.M., IN KING COUNTY, WASHINGTPN EXCEPT THE WEST 300.60 FUgT-THEREOF, AND EXCEPT THE NORTH 42.FFET THERZEOI* COTiV1 YEitfQl ROAD BY DEED RECORDED TINDER RECORDING NO. 74 0031103`7; TOGETHER WITH THE NORTH HALF OF, -f HE I~ oknfl A QUARTER OF THE NORTHEAST QUARTER OF SECTION 20. t`OWNSHIP+iI NORTH, RANGE 4_EA T, W-M-, IN KING COUNTY, WASHINGTON r - r EXCEPT THE NORTH 42 FEET THEREOF CONVEYED F(7R ROAD I3Y`17. EP. RECORDED UNDER RECORDING NO. 7410030037; �A AND EXCEPT THAT PORTION LYING WESTERLY OF PRIMARY STATE HIGHWAY Ao- fr(PACJFIC HIGHWAY SOUTH) AS CONVEYED BY DEEDS RECORDED UNDER ORDRA ;-'-'REP 0 NOS. 1778234 AND 3715474; AND #XCW. THE LAST 223.j5 FEET OF THE PORTION OF THE SOUTH 223.6 FEET OF :�FIl&i409T-Ji 265.6,,FE& OF THE EAST 319 FEET OF THE NORTH HALF OF THE NORTHEASTQ ROSECTiON 2Q, TOWNSHIP 21 NORTH, RANGE EAST, W M. LYINO'whnikih, ot iimAkm STXTE!'UQHWAY NO. I (PACIFIC HIGHWAY s60T-,H)As 6oN, VEYtD-bY M --kEipokorb UNDER RECORDING NO. 1778234, "-. 'kACal.""&*, I . *MWN AS AN UNIDENTIFIED LOT IN KC (SAID '-EXCEPTED,�- ", SO BE a.- BLA 88104a7, ., D 6NDk ". T-j �.CQYTY RECORDING NO, 8812200807). ALSO EXCEPT THAT POknON CONWEYFk TO THE CITY OFfDERAL WAY BY DEED RECORDED UNDER FJtCOF!DR4G 460201600170Y SAID PARCEL IS ALSO ENO"'. AS LO T-i- 201` C--iTX-,OF -- WAY BOUNDARY LINE ADJUSTMENT NO. BLA 60458l8-600-6-SU R1 CCiRDED UNDER RECORDING NO. 20010802900007, IN KING cmikm. wAstipi J HIN Parccl-:3 f -THAT PORTION ()F THE NORTH HALF OF THE SO HALF-bF q`HE J+ GkHiAST Qt')ARAR 4 T14t NORTHEAST QUARTER OF SECTION 2b,:rOWNMP 21 NORTH, VkNGk 4 F-AsTVILLAMETTE MERIDIAN, IN KING COUNTY. bF-0NWCTAi THE'NORTHEASTCORNER OF SAID SECTION 20 AND RUNNING THEN s6iiii o6-37-�o-,' EAST -ALONG THE EASTERLY LINE THEREOF A DISTANCE OF 657-37 FEET TO WE N!b)RfHEAS T"- --CORNER OF SAID SUBDIVISION; THENCE SOUTH 8902641"VIF �ST ALONG.-, NORTHERLY LINE- THEREOF TO THE WESTERLY MARGIN bF-,-s'-rATE lild .. Y-NO-,h..(ALSOKNOV-rNASU.S,HIGHWAY NO, 99) AND THE TRUE P�0114T Of BEGINNING OF TtM TRACT HEREIN DESCRIBED; THENCE CONTINUING SOb- i� $AG�3' N-EST-- AL-16140-- S? ID NORTHERLY LINE TO THE NORTHWEST CORNER OF SAID SUAPJV" ')N,' -' , ISj( THENCE SOUTH 00"2936" EAST ALONG THE WESTERLY- LrK-THERkOF A DISTANCE OF 326-56 FEET TO THE SOUT-ft-WfST. CORNER THEREOF; THENCE NORTH 89027'02- EAST ALONG THE Sot-jT-HEp'L -Lnq-� o" SAID,.- SUBDIVISION A DISTANCE OF 893 70 FEET; THENCE NORTH 00"37'30" WEST PARALLEL TO SAID SUBVIDISION A DISTANCE OF 109.68 FEET; EAS'ftpj,Y.- R. TMNCE NORTH 89027'02"EAST PARALLEL TO SAID SOUTHERLY LINE OF SAID SUBbNISION TO THE WESTERLY MAP -GIN OF SAID STATE HIGHWAY NO. 1; THENCE NOFMIERLY ALONG SAID WESTERLY MARGIN TO THE TRUE POINT OF Paicei-4 bra' THAT PdRTI& 0i'THIE Sp HALF. Of THE SOUTH HALF OF THE NORTHEAST Qf QUARTEk THE N6RT g-Agt- QUARTER6,F SE CTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, wiptAh�ExrEcmqftfAN-rN KING COUNTY, WASHINGTON, LYING WEST OF THE srzA-TTLP--TAC- 6M.X H16WY,A-g -WEENEV-11Y DEED RECORDED SEPTEMBER 11, 190 UNDP;k RECORDING 46.3722662; EXCEPT ROADS AND EX(%PT.M-'"FOjL6wLNr'.'POgTjo BEGINNING AT A POINT ON it�BQONDAij�j OF THE SEATME-TACOMA HIGHWAY AS IT EXISTED ON AP 21.,' 19415,30 F "NORTH' A -Sit RLY OF A 'ROINT 'i1W WEST BOUNDARY OF SAID , — EET -'E WM", AM IHGHWVAYANShCTS-THE SOUTH ENE OF TTJh NORITmm-r QUARTER OF THE �N'QR T 4piJ,RMRp0 Si&noN 20, TOWNSHIP 21 IqPRTIL RANGE 4 EAST, MI�RJDM I'm KiNq CqbN�, WAMINdtON- § - TUENd WtST'P,ARALLEL WITH THE SOUTH LINE OF THE N0VTW3-AS-T'QUARTER OP THE 'NOATHI " NORTHEAST QUARTER OF SAID SECTION 20, A 61STANCE:bV'206FEET; JHEM2E NbRTR 00010'12" EAST TO THE NORTH LINE OF THE '�6UWR4iF OF THE SOUTH ffALF.0F, THE NORTHEAST QUARTER OF THE NORTHt -9U�-RTER OF THENCE EAST-AL016 SAID NORTH LINE TO THE WEST BOUNDARY OF THE S9'kT A_ E4 fACON6k El"GH-WAY.' THENCE SOLiTHYFESTERi-Y ALONG THE WEST LINE OF SEATTLE-TACOMA HIGHWAY TO THP PO1NT OF EGINI (Nq- Parcel 5 THE NORTH HALF OF THEW0,R37-1 HALi OF4HENpRT M .0'HALF OF THE SOEAST QUARTER OF THE NORTHEAST QUARTER 6F StOTION. , 20, TQ)VNSHP 21 NORTH, RANGE 4 EAST, W M, LYING WEST OF STATE:,MGHVXtV (PA&R'd HIGHWAY SOUTH), INKING COUNTY, WASH[NbT-014. + J91 Sent By: LEN#SCHAAD#CPA; 4254532762; May-22-'17 2:05PM; Page 1 L EONARI) C. SCHAADT • Certified Public Accountant • 1026 Bellevue Way 5-E- Bellevue., WA 98004 Telephone (425) 455-4772 Fax (425) 453-2762 DATE: May 22, 2007 TO: Janet Schull City of Federal Way FAX: 253-835-2609 FROM; Len Schaadt No Pages 7 including cover Janet, Attached are copies of the signature page for Kitts Corner Development,LLC Membcv American lnsti(ute of Certified Pt4bllc Accounuenu and Washi,lgton Society of C:ertifted Public ACCOLtrlt([Tlts Sent By: LEN#SCHAAD#CPA; 4254532762; May 22•^7 2:05PM; Page 2 y ?` 16.11. Investment Representations. (a) Membership. Interests Not Registered. The Membership Interests havenot been registered cinder the Securities Act of 1933, the Securities Act Washington or any other state securities laws (collectively, the "Securities Acts") bec the Company is issuing the Membership Interests in reliance upon the exemptions fio the registration requirements of the Securities Acts, and the Company is relying upon fact that the Membership Interests are to be held by each Member for investment. (b) Mew berrRepresentativn. Each Member hereby confirms the Membership Interests have been acquired for such Member's own account, for investment and not with a view.to the resale or distribution thereof and may not be offered or sold to anyone unless: there is an effective registration or other qualification relating thereto under all applicable Securities Acts or unless such Member delivers to Company an opinion of counsel., satisfactory to the Company, that such registration or other qualification is not required. The Members understand that the Company is undo no obligation to register the Membership Interests or to assist any Member in complyiz with any exemption from registration under the Securities Acts. EXECUTED by the undersigned Members effective as of the date fast above written. KITTS CORER PARTNERS LLG By L/- Leonard C. Schaadt, Manager CAMPUS GATEWAY ASSOC S, L.P. By , Leonard C. Schaadt ,General Partner MERLINO TENANCY IN COMMON: JAMES & M ERLINO Operadng Agreement - Final 02,6492o 18179-003 5 007l.doo 9/15/04 page Sent By: LEN#SCHAAD#CPA; 4254532762; May-22 "7 2:06PM; Page 3 16.11_ InveStment Ref cutations. (a) Membership interests Not Registered. The Membership Interests have not been rcgistered%nder the Securities Act of 1933, the securities Act 01. Washington or any other state securities laws (collectively, the "Securities Acts'D bees the Company is issuing the Membership Interests in reliance upon the exemptions from the registration requirements of the Securities Acts, and the Company is relying upon fact that the Membership Interests are to be held by each Member for investment. (b) Member 'Representation- Each Member heroby cotkftrms the Membership Interests have been acquired for such Member's own account, for investment and not with a view to the resale or distribution thereof and may not be offered or sold to anyone unless there is an effective registration or other qua"'cation relating thereto under all applicAble Securities Acts or unless such Member delivers to Company an opinion of counsel, satisfactory to the Company, that such registration or Other qualification is not required. The Members understand that the Company is undf no obligation to register the Membership Interests or to assist any Member in complyir with any exemption from registration under the Securities Acts. EXECUTED by the undersigned Members effective as of the date first above written. KiTTS CORNER PARTNERS LLC By__ - Leonard C. Schaadt, Manager CAMPUS GATEWAY ASSOCIATES, L.P. By Leonard C. Schaadt, General Partner MERLINO TENANCY IN COMMON: JAMS E. OperWingdgreerne"t - Final #261820 18179-M 5-o4071 doc 9/15/64 31 Sent By: LEN#SCHAAD#CPA; 4254532762; May-22-n7 2:06PM; Page 4/7 t Operating Agreement - FYnal #264920 18178-003 S c4071:doc 9/15/04 M. MERLINO WAY LAND, CHASE/MacLEOD TENANCY IN COMMONi WILLIAM J. CHASE, as Trustee of the William J. Chase and Jeanette M. Chase Laving Trust JF,ANETTE M. CHASE, as Trustee of the William J. Chase and Jeanette M. Chase Living Trust JOHN ff. MACLEOD, as Trustee of the John H. MacLeod and Sarah MacLeod Living Thist SARA.H MACLEOD, as Trustee of the John H. MacLeod and Sarah MacLeod Living Trust page Sent By: LEN#SCHAAD#CPA; rJ 4254532762; May=22 17 2:06PM; Page 5/7 Operating Agreement - Ffnal #764620 18179-003 5_c4071,doc 5V13104 JEAN M: MEItI,INO MERLINO FEDERAL WAY LAND, LLC By_ its CHASE/MacLEOD TENANCY IN COMMON:. WILLIAM J. CHA:!�E, as Trustee of the William J. Chase and Jeanette M. Chase Laving Trust ANETTE M. CHASE, as Trustee of the William J. Chase and Jeanette M. Chase Living Trust JOHN H. MACLEOD, as Trustee of the John H. MacLeod and Sarah MacLeod Living Trust SARAH MACLEOD, as Trustee of the John H. MacLeod and Sarah MacLeod Living Trust page 32 Sent By: LEN#SCHAAD#CPA; 4254532762; May-22-n7 2:06PM; �....�� ram.. -,.,., _. _�, - � • ASh3ii:LINO FERAL WAY LAND, LLC .its CEL"E MScUol) TFNAh,1CY 1N cohMON: W 1.Qt,ASE, as 1 �tac of the Winn= J. +C .and JaxacUt M ' Chase LivingTract - J�,ANB'C1T M. G�IASE. sa ItUstu of tha Will = J. Cbm and Jeanette M- Chase Living Trust . MACLEOD, as Tn i= of the Jahn I-L A+Mlaxod eid Sarah N icol : Uving TO d S�4RAH MA ~ , as liwstea of tha John IL MuLso1 and Sarah Loud Living Trwt pov s2 p r►t�A��►►r�' lrpial Page 6/7 Sent By: LEN#SCHAAD#CPA; 4254532762; May-22-07 2:06PM; Page 7/7 0110'•aringAgreement - Final #264820 16179-003 5 v4071.dw 9/15/04 kMGHT/CLOE TENANCY IN COMMON: 6 U— -ea U1,14 r 1� DAGMAR Q. KNIGHT Cy g JANE CLOE page 33 1� Federal Way DATE: 11/30/07 MEMORANDUM Public Works Department TO: Janet Shull FROM: Ann Dower SUBJECT: FEDERAL WAY VILLAGE - (07-104384-00-SU) 33701 PACIFIC HWY S; Development Services second review The Boundary Line Adjustment information provided on October 31, 2007 has been reviewed. The plans are acceptable as shown, with two exceptions: 1. Permanent survey markers are not shown as having been set. Please notify me when the lot corners have been set, and indicate on the BLA map. 2. The ownership issue has not been resolved. All owners and those with an interest in the property, such as lenders, must be shown as signators on the Boundary Line Adjustment. Currently only Kitt's Corner Development is shown on the BLA map, while King County Records shows several owners for the various parcels. FEDERAL WAY VILLAGE BLA CLOSURES 10/31/07 WDD BLA BOUNDARY North: 113206.3283 East : 1271498.7823 Line Course: S 88-45-01 E Length: 826.665 North: 113188.2988 East : 1272325.2506 Line Course: S 01-11-38 W Length: 10.000 North: 113178.3009 East : 1272325.0423 Line Course: S 88-45-01 E Length: 761.626 North: 113161.6898 East : 1273086.4871 Line Course: S 43-46-57 E Length: 38.164 North: 113134.1365 East : 1273112.8936 Line Course: S 01-11-38 W Length: 41.143 North: 113093.0024 East : 1273112.0364 Line Course: S O4-29-19 E Length: 30.298 North: 113062.7974 East : 1273114.4075 Line Course: S 01-11-38 W Length: 507.289 North: 112555.6185 East : 1273103.8378 Line Course: S 88-45-23 E Length: 2.000 North: 112555.5751 East : 1273105.8373 Line Course: S 01-11-38 W Length: 4.552 North: 112551.0241 East : 1273105.7425 Curve Length: 215.613 Radius:2805.000 Delta:4-24-15 Tangent:107.860 Chord: 215.561 Course: S 03-23-46 W Course In: N 88-48-22 W Course Out: S 84-24-07 E RP North: 112609.4684 East : 1270301.3514 End North: 112335.8432 East : 1273092.9735 Line Course: N 88-46-13 W Length: 266.095 North: 112341.5538 East : 1272826.9398 Line Course: S 01-12-20 W Length: 108.680 North: 112232.8979 East: 1272824.6533 Line Course: S 88-14-10 E Length: 9.076 North: 112232.6185 East : 1272833.7250 Line Course: S 00-10-12 W Length: 299.619 North: 111933.0008 East : 1272832.8360 Line Course: S 88-45-44 E Length: 189.746 North: 111928.9020 East : 1273022.5377 Curve Length: 200.341 Radius: 2805.000 Delta:4-05-32 Tangent:100.214 Chord: 200.301 Course: S 16-05-16 W Course In: N 75-57-30 W Course Out: S 71-51-58 E RP North: 112609.4720 East : 1270301.3524 in _zl -1D137 RESUBMITTED 0 C T 3 12007 CITY OF FEDERAL WAY BUILDING DEPT. End North: 111736.4478 East : 1272967.0331 Line Course: N 88-45-50 W Length: 1143.265 North: 111761.1109 East : 1271824.0342 Line Course: N 01-14-10 E Length: 822.102 North: 112583.0216 East : 1271841.7690 Line Course: N 88-45-23 W Length: 356.517 North: 112590.7592 East : 1271485.3360 Line Course: N 01-15-05 E Length: 615.719 North: 113206.3314 East : 1271498.7827 Perimeter: 6448.513 Area: 1,900,038 S.F. 43.62 ACRES LOT 1 North: 113206.3283 East : 1271498.7823 Line Course: S 88-45-01 E Length: 826.670 North: 113188.2986 East : 1272325.2556 Line Course: S 01-11-38 W Length: 10.000 North: 113178.3008 East : 1272325.0473 Line Course: S 88-45-01 E Length: 11.940 North: 113178.0404 East : 1272336.9844 Line Course: S O1-14-59 W Length: 58.640 North: 113119.4143 East : 1272335.7055 Line Course: S 24-16-10 W Length: 27.480 North: 113094.3630 East : 1272324.4104 Line Course: S 34-54-11 W Length: 85.410 North: 113024.3164 East : 1272275.5397 Line Course: S 11-00-00 E Length: 71.060 North: 112954.5620 East : 1272289.0986 Line Course: S 40-23-23 E Length: 40.830 North: 112923.4636 East : 1272315.5558 Line Course: S 23-34-46 E Length: 63.860 North: 112864.9355 East: 1272341.1011 Line Course: S 07-43-17 W Length: 72.950 North: 112792.6469 East : 1272331.2998 Line Course: S 40-44-56 E Length: 57.480 North: 112749.1014 East : 1272368.8196 Line Course: S 56-15-55 E Length: 33.620 North: 112730.4306 East : 1272396.7785 Line Course: S 71-07-09 E Length: 92.560 North: 112700.4781 East : 1272484.3582 Line Course: S 45-22-43 E Length: 55.900 North: 112661.2129 East : 1272524.1458 Line Course: S 01-07-05 W Length: 67.850 North: 112593.3758 East : 1272522.8219 Line Course: S 41-02-38 W Length: 93.820 North: 112522.6161 East : 1272461.2162 Line Course: S 19-15-47 W Length: 97.530 North: 112430.5464 East : 1272429.0405 Line Course: S 27-13-40 E Length: 66.330 North: 112371.5661 East: 1272459.3884 Line Course: S 34-25-14 E Length: 63.100 North: 112319.5143 East : 1272495.0565 Line Course: S 26-19-01 W Length: 74.200 North: 112253.0047 East : 1272462.1610 Line Course: S 44-45-48 W Length: 88.810 North: 112189.9477 East : 1272399.6227 Line Course: S 13-04-35 W Length: 34.450 North: 112156.3910 East: 1272391.8284 Line Course: S 78-53-02 E Length: 62.790 North: 112144.2852 East : 1272453.4404 Line Course: S 88-44-22 E Length: 148.600 North: 112141.0162 East : 1272602.0044 Line Course: S O1-15-38 W Length: 268.340 North: 111872.7411 East : 1272596.1012 Line Course: N 88-44-22 W Length: 6.000 North: 111872.8731 East : 1272590.1027 Curve Length: 169.637 Radius: 108.000 Delta:89-59-43 Tangent:107.991 Chord: 152.729 Course: S 43-44-13 E Course In: S 88-44-22 E Course Out: S O1-15-55 W RP North: 111870.4972 East : 1272698.0765 End North: 111762.5235 East : 1272695.6917 Line Course: S 88-44-05 E Length: 277.850 North: 111756.3882 East : 1272973.4740 Curve Length: 20.956 Radius: 2805.000 Delta:0-25-41 Tangent:10.478 Chord: 20.956 Course: S 17-55-12 W Course In: N 72-17-39 W Course Out: S 71-51-58 E RP North: 112609.4730 East : 1270301.3454 End North: 111736.4488 East : 1272967.0261 Line Course: N 88-45-50 W Length: 377.210 North: 111744.5861 East : 1272589.9039 Curve Length: 146.585 Radius: 166.000 Delta:50-35-40 Tangent:78.458 Chord: 141.868 Course: N 24-02-12 W Course In: N 40-39-58 E Course Out: N 88-44-22 W RP North: 111870.5004 East : 1272698.0777 End North: 111874.1523 East : 1272532.1179 Line Course: N 88-44-22 W Length: 2.000 North: 111874.1963 East : 1272530.1184 Line Course: N O1-15-38 E Length: 228.340 North: 112102.4810 East: 1272535.1417 Line Course: N 88-44-22 W Length: 86.050 North: 112104.3741 East : 1272449.1125 Line Course: N 78-53-02 W Length: 67.850 North: 112117.4554 East: 1272382.5355 Line Course: S 20-11-50 W Length: 39.800 North: 112080.1027 East : 1272368.7944 Line Course: S 24-49-00 W Length: 51.480 North: 112033.3766 East : 1272347.1874 Line Course: S 21-22-02 W Length: 64.080 North: 111973.7012 East : 1272323.8403 Line Course: S 03-30-15 W Length: 58.950 North: 111914.8614 East : 1272320.2372 Line Course: S 88-45-44 E Length: 34.730 North: 111914.1112 East : 1272354.9591 Line Course: S 01-14-10 W Length: 164.410 North: 111749.7394 East : 1272351.4123 Line Course: N 88-45-50 W Length: 527.500 North: 111761.1189 East : 1271824.0351 Line Course: N 01-14-10 E Length: 822.100 North: 112583.0276 East : 1271841.7699 Line Course: N 88-45-23 W Length: 356.520 North: 112590.7653 East: 1271485.3338 Line Course: N 01-15-05 E Length: 615.720 North: 113206.3385 East : 1271498.7806 Line Course: S 09-14-21 E Length: 0.010 North: 113206.3286 East : 1271498.7822 Perimeter: 6691.998 Area: 1,047,103 S.F. 24.04 ACRES LOT 2 North: 111749.7272 East : 1272351.4101 Line Course: N O1-14-10 E Length: 164.410 North: 111914.0989 East : 1272354.9568 Line Course: N 88-45-44 W Length: 34.730 North: 111914.8491 East : 1272320.2349 Line Course: N 03-30-15 E Length: 58.950 North: 111973.6889 East : 1272323.8380 Line Course: N 21-22-02 E Length: 64.080 North: 112033.3643 East : 1272347.1852 Line Course: N 24-49-00 E Length: 51.480 North: 112080.0904 East : 1272368.7921 Line Course: N 20-11-50 E Length: 39.800 North: 112117.4431 East : 1272382.5332 Line Course: S 78-53-02 E Length: 67.850 North: 112104.3618 East: 1272449.1102 Line Course: S 88-44-22 E Length: 86.050 North: 112102.4688 East : 1272535.1394 Line Course: S O1-15-38 W Length: 228.340 North: 111874.1840 East : 1272530.1161 Line Course: S 88-44-22 E Length: 2.000 North: 111874.1400 East : 1272532.1157 Curve Length: 146.585 Radius: 166.000 Delta:50-35-40 Tangent:78.458 Chord: 141.868 Course: S 24-02-12 E Course In: S 88-44-22 E Course Out: S 40-39-58 W RP North: 111870.4882 East : 1272698.0755 End North: 111744.5739 East : 1272589.9016 Line Course: N 88-45-50 W Length: 238.550 North: 111749.7200 East : 1272351.4071 Line Course: N 22-18-41 E Length: 0.008 North: 111749.7274 East : 1272351.4102 Perimeter: 1182.832 Area: 68,691 S.F. 1.58 ACRES LOT 3 North: 111872.7387 East : 1272596.1036 Line Course: N O1-15-38 E Length: 268.340 North: 112141.0138 East : 1272602.0068 Line Course: N 02-38-16 E Length: 200.410 North: 112341.2115 East : 1272611.2300 Line Course: N 42-28-57 E Length: 172.780 North: 112468.6339 East : 1272727.9196 Line Course: N 16-50-17 E Length: 62.680 North: 112528.6266 East : 1272746.0760 Line Course: S 90-00-00 E Length: 359.110 North: 112528.6266 East : 1273105.1860 Curve Length: 193.215 Radius: 2805.000 Delta:3-56-48 Tangent:96.646 Chord: 193.177 Course: S 03-37-29 W Course In: N 88-20-55 W Course Out: S 84-24-07 E RP North: 112609.4616 East : 1270301.3510 End North: 112335.8363 East : 1273092.9731 Line Course: N 88-47-13 W Length: 266.100 North: 112341.4697 East : 1272826.9327 Line Course: S O1-12-20 W Length: 108.600 North: 112232.8938 East : 1272824.6479 Line Course: S 88-14-10 E Length: 9.080 North: 112232.6143 East : 1272833.7236 Line Course: S 00-10-12 W Length: 299.620 North: 111932.9956 East : 1272832.8346 Line Course: S 88-45-44 E Length: 189.750 North: 111928.8967 East : 1273022.5403 Curve Length: 179.385 Radius: 2805.000 Delta:3-39-51 Tangent:89.723 Chord: 179.354 Course: S 15-52-26 W Course In: N 75-57-30 W Course Out: S 72-17-39 E RP North: 112609.4667 East : 1270301.3550 End North: 111756.3819 East : 1272973.4836 Line Course: N 88-44-05 W Length: 277.850 North: 111762.5172 East : 1272695.7013 Curve Length: 169.637 Radius: 108.000 Delta:89-59-43 Tangent:107.991 Chord: 152.729 Course: N 43-44-14 W Course In: N O1-15-55 E Course Out: N 88-44-22 W RP North: 111870.4909 East : 1272698.0861 End North: 111872.8668 East : 1272590.1123 Line Course: S 88-44-22 E Length: 6.000 North: 111872.7348 East : 1272596.1108 Line Course: N 61-25-46 W Length: 0.008 North: 111872.7386 East : 1272596.1038 LOT 4 North: 113176.7285 East : 1272397.0854 Line Course: S 88-45-01 E Length: 689.570 North: 113161.6889 East : 1273086.4914 Line Course: S 43-46-57 E Length: 38.160 North: 113134.1385 East : 1273112.8952 Line Course: S O1-11-38 W Length: 41.140 North: 113093.0074 East : 1273112.0380 Line Course: S O4-29-19 E Length: 30.300 North: 113062.8004 East : 1273114.4093 Line Course: S O1-11-38 W Length: 507.290 North: 112555.6205 East : 1273103.8395 Line Course: S 88-45-23 E Length: 2.000 North: 112555.5771 East: 1273105.8390 Line Course: S O1-11-38 W Length: 4.550 North: 112551.0281 East : 1273105.7442 Curve Length: 22.398 Radius: 2805.000 Delta:0-27-27 Tangent:11.199 Chord: 22.398 Course: S O1-25-21 W Course In: N 88-48-22 W Course Out: S 88-20-55 E RP North: 112609.4725 East : 1270301.3532 End North: 112528.6375 East : 1273105.1881 Line Course: N 90-00-00 W Length: 359.110 North: 112528.6375 East : 1272746.0781 Line Course: N O1-16-30 E Length: 255.930 North: 112784.5041 East : 1272751.7729 Line Course: N 35-40-10 W Length: 126.830 North: 112887.5401 East : 1272677.8173 Line Course: N 72-11-48 W Length: 245.810 North: 112962.6967 East : 1272443.7787 Line Course: N 30-46-52 W Length: 91.230 North: 113041.0750 East : 1272397.0909 Line Course: N 00-00-00 E Length: 135.650 North: 113176.7250 East : 1272397.0909 Line Course: N 57-22-24 W Length: 0.007 North: 113176.7288 East : 1272397.0850 Perimeter: 2549.974 Area: 318,951 S.F. 7.32 ACRES LOT 5 North: 113176.7285 East : 1272397.0854 Line Course: S 00-00-00 W Length: 135.650 North: 113041.0785 East : 1272397.0854 Line Course: S 30-46-52 E Length: 91.230 North: 112962.7002 East : 1272443.7732 Line Course: S 72-11-48 E Length: 245.810 North: 112887.5436 East: 1272677.8118 Line Course: S 35-40-10 E Length: 126.830 North: 112784.5076 East : 1272751.7674 Line Course: S O1-16-30 W Length: 255.930 North: 112528.6410 East : 1272746.0727 Line Course: S 16-50-17 W Length: 62.680 North: 112468.6482 East : 1272727.9163 Line Course: S 42-28-57 W Length: 172.780 North: 112341.2258 East : 1272611.2267 Line Course: S 02-38-16 W Length: 200.410 North: 112141.0281 East : 1272602.0035 Line Course: N 88-44-22 W Length: 148.600 North: 112144.2972 East : 1272453.4395 Line Course: N 78-53-02 W Length: 62.790 North: 112156.4030 East : 1272391.8275 Line Course: N 13-04-35 E Length: 34.450 North: 112189.9597 East : 1272399.6218 Line Course: N 44-45-48 E Length: 88.810 North: 112253.0167 East : 1272462.1601 Line Course: N 26-19-01 E Length: 74.200 North: 112319.5263 East : 1272495.0556 Line Course: N 34-25-14 W Length: 63.100 North: 112371.5781 East : 1272459.3875 Line Course: N 27-13-40 W Length: 66.330 North: 112430.5584 East : 1272429.0396 Line Course: N 19-15-47 E Length: 97.530 North: 112522.6281 East : 1272461.2153 Line Course: N 41-02-38 E Length: 93.820 North: 112593.3878 East : 1272522.8210 Line Course: N 01-07-05 E Length: 67.850 North: 112661.2248 East: 1272524.1449 Line Course: N 45-22-43 W Length: 55.900 North: 112700.4901 East : 1272484.3573 Line Course: N 71-07-09 W Length: 92.560 North: 112730.4426 East : 1272396.7777 Line Course: N 56-15-55 W Length: 33.620 North: 112749.1134 East : 1272368.8187 Line Course: N 40-44-56 W Length: 57.480 North: 112792.6589 East : 1272331.2989 Line Course: N 07-43-17 E Length: 72.950 North: 112864.9475 East : 1272341.1002 Line Course: N 23-34-46 W Length: 63.860 North: 112923.4756 East : 1272315.5549 Line Course: N 40-23-23 W Length: 40.830 North: 112954.5740 East : 1272289.0977 Line Course: N 11-00-00 W Length: 71.060 North: 113024.3284 East : 1272275.5388 Line Course: N 34-54-11 E Length: 85.410 North: 113094.3749 East : 1272324.4095 Line Course: N 24-16-10 E Length: 27.480 North: 113119.4263 East : 1272335.7046 Line Course: N 01-14-59 E Length: 58.640 North: 113178.0524 East : 1272336.9835 Line Course: S 88-45-01 E Length: 60.120 North: 113176.7412 East : 1272397.0892 Line Course: S 16-46-16 W Length: 0.013 North: 113176.7287 East : 1272397.0855 Perimeter: 2808.723 Area: 227,226 S.F. 5.22 ACRES PARCELCEL A North: 111925.4897 East : 1271827.5799 Line Course: S 88-45-44 E Length: 1187.799 North: 111899.8313 East : 1273015.1017 Curve Length: 170.341 Radius: 2805.000 Delta:3-28-46 Tangent:85.197 Chord: 170.315 Course: S 16-23-39 W Course In: N 75-20-44 W Course Out: S 71-51-58 E RP North: 112609.4649 East : 1270301.3506 End North: 111736.4407 East: 1272967.0313 Line Course: N 88-45-50 W Length: 1143.265 North: 111761.1038 East : 1271824.0323 Line Course: N O1-14-10 E Length: 164.420 North: 111925.4855 East : 1271827.5793 Perimeter: 2665.826 Area: 191,766 S.F. 4.40 ACRES PARCEL B North: 112254.2538 East : 1271834.6739 Line Course: S 88-45-51 E Length: 990.209 North: 112232.8973 East: 1272824.6526 Line Course: S 88-14-10 E Length: 9.076 North: 112232.6179 East: 1272833.7243 Line Course: S 00-10-12 W Length: 299.619 North: 111933.0003 East : 1272832.8353 Line Course: S 88-45-44 E Length: 189.746 North: 111928.9014 East: 1273022.5370 Curve Length: 29.999 Radius: 2805.000 Delta:0-36-46 Tangent:15.002 Chord: 29.999 Course: S 14-20-53 W Course In: N 75-57-30 W Course Out: S 75-20-44 E RP North: 112609.4714 East : 1270301.3517 End North: 111899.8379 East : 1273015.1028 Line Course: N 88-45-44 W Length: 1187.799 North: 111925.4962 East: 1271827.5810 Line Course: N O1-14-10 E Length: 328.841 North: 112254.2607 East : 1271834.6749 Perimeter: 3035.294 Area: 335,064 S.F. 7.69 ACRES PARCEL C North: 112583.0179 East: 1271841.7680 Line Course: S 88-45-23 E Length: 1264.367 North: 112555.5769 East : 1273105.8372 Line Course: S O1-11-38 W Length: 4.552 North: 112551.0259 East: 1273105.7423 Curve Length: 215.613 Radius: 2805.000 Delta:4-24-15 Tangent:107.860 Chord: 215.561 Course: S 03-23-46 W Course In: N 88-48-22 W Course Out: S 84-24-07 E RP North: 112609.4702 East : 1270301.3513 End North: 112335.8449 East : 1273092.9734 Line Course: N 88-46-13 W Length: 266.095 North: 112341.5556 East: 1272826.9397 Line Course: S O1-12-20 W Length: 108.680 North: 112232.8997 East : 1272824.6531 Line Course: N 88-45-51 W Length: 990.209 North: 112254.2562 East : 1271834.6745 Line Course: N O1-14-10 E Length: 328.841 North: 112583.0207 East : 1271841.7684 Perimeter: 3178.358 Area: 385,287 S.F. 8.84 ACRES PARCEL D North: 113206.3283 East : 1271498.7823 Line Course: S 88-45-01 E Length: 826.665 North: 113188.2988 East : 1272325.2506 Line Course: S 00-00-00 W Length: 10.002 North: 113178.2968 East : 1272325.2506 Line Course: S 88-45-01 E Length: 579.782 North: 113165.6517 East: 1272904.8947 Line Course: S 01-12-20 W Length: 213.600 North: 112952.0990 East : 1272900.4007 Line Course: S 88-45-01 E Length: 211.654 North: 112947.4828 East : 1273112.0044 Line Course: S 01-11-38 W Length: 391.949 North: 112555.6189 East: 1273103.8378 Line Course: N 88-45-23 W Length: 1618.884 North: 112590.7542 East: 1271485.3351 Line Course: N 01-15-05 E Length: 615.719 North: 113206.3263 East: 1271498.7819 Perimeter: 4468.255 Area: 943,330 S.F. 21.66 ACRES PARCEL E North: 113165.6501 East : 1272904.8948 Line Course: S 88-45-01 E Length: 181.636 North: 113161.6886 East: 1273086.4876 Line Course: S 43-46-57 E Length: 38.164 North: 113134.1353 East : 1273112.8941 Line Course: S 01-11-38 W Length: 41.143 North: 113093.0012 East : 1273112.0369 Line Course: S O4-29-19 E Length: 30.298 North: 113062.7961 East : 1273114.4080 Line Course: S 01-11-38 W Length: 115.340 North: 112947.4812 East : 1273112.0048 Line Course: N 88-45-01 W Length: 211.654 North: 112952.0973 East : 1272900.4012 Line Course: N 01-12-20 E Length: 213.600 North: 113165.6501 East : 1272904.8952 Perimeter: 831.834 Area: 44,591 S.F. 1.02 ACRES CITY OF ti. Federal Way October 22, 2007 Mr. Jeffrey S. Kieswatter, PLS ESM Consulting Engineers Project Supervisor 33915 1" Way South, Suite #200 Federal Way, WA 98003 CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com Re: Permit #07-104384-00-SU; PUBLIC WORKS COMMENTS Federal Way Village BLA; 33701 Pacific Highway South, Federal Way Dear Mr. Kieswetter: Please find enclosed a memorandum from Engineering Plans Reviewer Ann Dower with comments on the above referenced BLA application. Sincerely, Enc: August 27, 2007, Memorandum from Ann Dower Doc I D 42819 RECEIVED AUG 0 7 2007 MASTER LAND USE APPLICATION DEPAnr MENT OF COMMUNITY DEYELopmzN7 SEnvlces CITY OF CITY OF FEDERAL WAY 33325 8's Avenue South BUILDING DEPT. PO Box9718 Fe qr I Wa, Federal Way ax 98835-9718 .�Y/ 253-835-2607; Fax 253.835-2b09 ► V1y..+:,i1vnt'fi&ralway.coni APPLICATION No(s) _, -_j (`f .3y `o' ` �� S T_ Date Project Name -Federal Way_ Village , Property Address/Location Parcel Number(s) SW Quadrant of the 8 336th Street and Pacific Highway South intersection 202104-9069; 9070; 9086; 9090; 9072; 9080 and 9004 Project Description 5 lot BLA fo:t the mixed use 46-acre commercial and residential "Federal Way Village —Center As�ckv"D end- - — iC:q,5,qa- oZ,. -0c) --Jv Type of Permit Required Annexation _Binding Site Plan XX Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification — —Lot Line Elimination ___-. Preapplication Conference Process I (Director-s Approval) Process I (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quusi-Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use _ Short Subdivision _ Subdivision Variance: Commercial/Residential Required Information BC / RI2400 Zoning Designation BC multi -Comprehensive Plan designation family OValueoMistingImprovements Value of Proposed improvements International Building Code (IBC): Occupancy Type Construction Type Applicant Namo:Federal Way Villages Address: PO BOx 73790 City/State:Puyallup WA Zip: 98373 Phone: 253/848-0820 Fax: E-mail: LLC Attn: K.urt Wilson Srgnature: Agent (ifditTaraut than Applioant) Name, ESM Consulting Engineers LLC Attn: Eric S. Address: 33915 1st Way South, Suite 200 City/State: Federal Way WA Zip: 98003 Phone: 253-838-6113 Fax: 253-838-7104 Email: eric.pennalagesmcivil.com Signature: Owner Name: Kitts Corner Development LLC Address: 1026 Bellevue Way SE citylstaw.Bellevue, WA Zip, 98004-6834 Phone: 425-455-4772 Fax: Email: 425-453-27 Sign:tturcl-s94aadt@ j i om ,� - ,,-' 7 Leonard C. Sch i m n r Bulletin #003 - August 18, 2004 page I of I k:\14andoulMoster Land Use Application FEDERAL WAY VILLAGE BOUNDARY LINE ADJUSTMENT CLOSURES 08/03/2007 JSK LOT 1 North: 113206.3283 East: 1271498.7823 Line Course: S 88-45-01 E Length: 826.670 North: 113188.2986 East: 1272325.2556 Line Course: S 01-11-38 W Length: 10.000 North: 113178.3008 East: 1272325.0473 Line Course: S 88-45-01 E Length: 11.940 North: 113178.0404 East: 1272336.9844 Line Course: S 01-14-59 W Length: 58.640 North: 113119.4143 East: 1272335.7055 Line Course: S 24-16-10 W Length: 27.480 North: 113094.3630 East: 1272324.4104 Line Course: S 34-54-11 W Length: 85.410 North: 113024.3164 East :1272275.5397 Line Course: S 11-00-00 E Length: 71.060 North: 112954.5620 East: 1272289.0986 Line Course: S 40-23-23 E Length: 40.830 North: 112923.4636 East: 1272315.5558 Line Course: S 23-34-46 E Length: 63.860 North: 112864.9355 East: 1272341.1011 Line Course: S 07-43-17 W Length: 72.950 North: 112792.6469 East: 1272331.2998 Line Course: S 40-44-56 E Length: 57.480 North: 112749.1014 East: 1272368.8196 Line Course: S 56-15-55 E Length: 33.620 North: 112730.4306 East: 1272396.7785 Line Course: S 71-07-09 E Length: 92.560 North: 112700.4781 East: 1272484.3582 Line Course: S 45-22-43 E Length: 55.900 North: 112661.2129 East: 1272524.1458 Line Course: S 01-07-05 W Length: 67.850 North: 112593.3758 East: 1272522.8219 Line Course: S 41-02-38 W Length: 93.820 North: 112522.6161 East: 1272461.2162 Line Course: S 19-15-47 W Length: 97.530 North: 112430.5464 East: 1272429.0405 Line Course: S 27-13-40 E Length: 66.330 North: 112371.5661 East: 1272459.3884 Line Course: S 34-25-14 E Length: 63.100 North: 112319.5143 East: 1272495.0565 Line Course: S 26-19-01 W Length: 74.200 North: 112253.0047 East: 1272462.1610 Line Course: S 44-45-48 W Length: 88.810 North: 112189.9477 East: 1272399.6227 Line Course: S 13-04-35 W Length: 34.450 North: 112156.3910 East: 1272391.8284 Line Course: S 78-53-02 E Length: 62.790 RECEIVED North: 112144.2852 East: 1272453.4404 AUG 0 7 2007 CITY OF FEDERAL WAY UUILDING DEPT. Line Course: S 88-44-22 E Length: 148.600 North: 112141.0162 East: 1272602.0044 Line Course: S 01-15-38 W Length: 268.340 North: 111872.7411 East: 1272596.1012 Line Course: N 88-44-22 W Length: 6.000 North: 111872.8731 East: 1272590.1027 Curve Length:169.637 Radius:108.000 Delta:89-59-43 Tangent:107.991 Chord: 152.729 Course: S 43-44-13 E Course In: S 88-44-22 E Course Out: S 01-15-55 W RP North: 111870.4972 East: 1272698.0765 End North: 111762.5235 East: 1272695.6917 Line Course: S 88-44-05 E Length: 277.850 North: 111756.3882 East: 1272973.4740 Curve Length:20.956 Radius:2805.000 Delta:0-25-41 Tangent:10.478 Chord: 20.956 Course: S 17-55-12 W Course In: N 72-17-39 W Course Out: S 71-51-58 E RP North: 112609.4730 East: 1270301.3454 End North: 111736.4488 East: 1272967.0261 Line Course: N 88-45-50 W Length: 377.210 North: 111744.5861 East: 1272589.9039 Curve Length:146.585 Radius:166.000 Delta:50-35-40 Tangent:78.458 Chord: 141.868 Course: N 24-02-12 W Course In: N 40-39-58 E Course Out: N 88-44-22 W RP North: 111870.5004 East: 1272698.0777 End North: 111874.1523 East: 1272532.1179 Line Course: N 88-44-22 W Length: 2.000 North: 111874.1963 East: 1272530.1184 Line Course: N 01-15-38 E Length: 228.340 North: 112102.4810 East: 1272535.1417 Line Course: N 88-44-22 W Length: 86.050 North: 112104.3741 East: 1272449.1125 Line Course: N 78-53-02 W Length: 67.850 North: 112117.4554 East: 1272382.5355 Line Course: S 20-11-50 W Length: 39.800 North: 112080.1027 East: 1272368.7944 Line Course: S 24-49-00 W Length: 51.480 North: 112033.3766 East: 1272347.1874 Line Course: S 21-22-02 W Length: 64.080 North: 111973.7012 East: 1272323.8403 Line Course: S 03-30-15 W Length: 58.950 North: 111914.8614 East: 1272320.2372 Line Course: S 88-45-44 E Length: 34.730 North: 111914.1112 East: 1272354.9591 Line Course: S 01-14-10 W Length: 164.410 North: 111749.7394 East: 1272351.4123 Line Course: N 88-45-50 W Length: 527.500 North: 111761.1189 East: 1271824.0351 Line Course: N 01-14-10 E Length: 822.100 North: 112583.0276 East: 1271841.7699 Line Course: N 88-45-23 W North: 112590.7653 Line Course: N 01-15-05 E North: 113206.3385 Line Course: S 09-14-21 E North: 113206.3286 Length: 356.520 East: 1271485.3338 Length: 615.720 East: 1271498.7806 Length: 0.010 East: 1271498.7822 Perimeter: 6691.998 Area: 1,047,103 S.F. 24.04 ACRES LOT 2 North: 111749.7272 East: 1272351.4101 Line Course: N 01-14-10 E Length: 164.410 North: 111914.0989 East: 1272354.9568 Line Course: N 88-45-44 W Length: 34.730 North: 111914.8491 East: 1272320.2349 Line Course: N 03-30-15 E Length: 58.950 North: 111973.6889 East: 1272323.8380 Line Course: N 21-22-02 E Length: 64.080 North: 112033.3643 East :1272347.1852 Line Course: N 24-49-00 E Length: 51.480 North: 112080.0904 East: 1272368.7921 Line Course: N 20-11-50 E Length: 39.800 North: 112117.4431 East: 1272382.5332 Line Course: S 78-53-02 E Length: 67.850 North: 112104,3618 East: 1272449.1102 Line Course: S 88-44-22 E Length: 86.050 North: 112102.4688 East: 1272535.1394 Line Course: S 01-15-38 W Length: 228.340 North: 111874.1840 East: 1272530.1161 Line Course: S 88-44-22 E Length: 2.000 North: 111874.1400 East: 1272532.1157 Curve Length:146.585 Radius:166.000 Delta:50-35-40 Tangent:78.458 Chord: 141.868 Course: S 24-02-12 E Course In: S 88-44-22 E Course Out: S 40-39-58 W RP North: 111870.4882 East: 1272698.0755 End North: 111744.5739 East: 1272589.9016 Line Course: N 88-45-50 W Length: 238.550 North: 111749.7200 East: 1272351.4071 Line Course: N 22-18-41 E Length: 0.008 North: 111749.7274 East: 1272351.4102 Perimeter: 1182.832 Area: 68,691 S.F.1.58 ACRES LOT 3 North: 111872.7387 East: 1272596.1036 Line Course: N 01-15-38 E Length: 268.340 North: 112141.0138 East: 1272602.0068 Line Course: N 02-38-16 E Length: 200.410 North: 112341.2115 East: 1272611.2300 Line Course: N 42-28-57 E Length: 172.780 North: 112468.6339 East: 1272727.9196 Line Course: N 16-50-17 E Length: 62.680 North: 112528.6266 East: 1272746.0760 Line Course: S 90-00-00 E Length: 359.110 North: 112528.6266 East: 1273105.1860 Curve Length: 193.215 Radius:2805.000 Delta:3-56-48 Tangent:96.646 Chord: 193.177 Course: S 03-37-29 W Course In: N 88-20-55 W Course Out: S 84-24-07 E RP North: 112609.4616 East: 1270301.3510 End North: 112335.8363 East: 1273092.9731 Line Course: N 88-47-13 W Length: 266.100 North: 112341.4697 East: 1272826.9327 Line Course: S 01-12-20 W Length: 108.600 North: 112232.8938 East: 1272824.6479 Line Course: S 88-14-10 E Length: 9.080 North: 112232.6143 East: 1272833.7236 Line Course: S 00-10-12 W Length: 299.620 North: 111932.9956 East: 1272832.8346 Line Course: S 88-45-44 E Length: 189.750 North: 111928.8967 East: 1273022.5403 Curve Length:179.385 Radius:2805.000 Delta:3-39-51 Tangent:89.723 Chord: 179.354 Course: S 15-52-26 W Course In: N 75-57-30 W Course Out: S 72-17-39 E RP North: 112609.4667 East: 1270301.3550 End North: 111756.3819 East: 1272973.4836 Line Course: N 88-44-05 W Length: 277.850 North: 111762.5172 East: 1272695.7013 Curve Length: 169.637 Radius: 108.000 Delta:89-59-43 Tangent:107.991 Chord: 152.729 Course: N 43-44-14 W Course In: N 01-15-55 E Course Out: N 88-44-22 W RP North: 111870.4909 East: 1272698.0861 End North: 111872.8668 East: 1272590.1123 Line Course: S 88-44-22 E Length: 6.000 North: 111872.7348 East: 1272596.1108 Line Course: N 61-25-46 W Length: 0.008 North: 111872.7386 East: 1272596.1038 Perimeter: 2762.565 Area: 238,054 S.F. 5.46 ACRES LOT 4 North: 113176.7285 East: 1272397.0854 Line Course: S 88-45-01 E Length: 689.570 North: 113161.6889 East: 1273086.4914 Line Course: S 43-46-57 E Length: 38.160 North: 113134.1385 East: 1273112.8952 Line Course: S 01-11-38 W Length: 41.140 North: 113093.0074 East: 1273112.0380 Line Course: S O4-29-19 E Length: 30.300 North: 113062.8004 East: 1273114.4093 Line Course: S 01-11-38 W Length: 507.290 North: 112555.6205 East: 1273103.8395 Line Course: S 88-45-23 E Length: 2.000 North: 112555.5771 East: 1273105.8390 Line Course: S 01-11-38 W Length: 4.550 North: 112551.0281 East: 1273105.7442 Curve Length:22.398 Radius:2805.000 Delta:0-27-27 Tangent:11.199 Chord: 22.398 Course: S 01-25-21 W Course In: N 88-48-22 W Course Out: S 88-20-55 E RP North: 112609.4725 East: 1270301.3532 End North: 112528.6375 East: 1273105.1881 Line Course: N 90-00-00 W Length: 359.110 North: 112528.6375 East: 1272746.0781 Line Course: N 01-16-30 E Length: 255.930 North: 112784.5041 East: 1272751.7729 Line Course: N 35-40-10 W Length: 126.830 North: 112887.5401 East: 1272677.8173 Line Course: N 72-11-48 W Length: 245.810 North: 112962.6967 East: 1272443.7787 Line Course: N 30-46-52 W Length: 91.230 North: 113041.0750 East: 1272397.0909 Line Course: N 00-00-00 E Length: 135.650 North: 113176.7250 East: 1272397.0909 Line Course: N 57-22-24 W Length: 0.007 North: 113176.7288 East: 1272397.0850 Perimeter: 2549.974 Area: 318,951 S.F. 7.32 ACRES LOT 5 North: 113176.7285 East: 1272397.0854 Line Course: S 00-00-00 W Length: 135.650 North: 113041.0785 East: 1272397.0854 Line Course: S 30-46-52 E Length: 91.230 North: 112962.7002 East: 1272443.7732 Line Course: S 72-11-48 E Length: 245.810 North: 112887.5436 East: 1272677.8118 Line Course: S 35-40-10 E Length: 126.830 North: 112784.5076 East: 1272751.7674 Line Course: S 01-16-30 W Length: 255.930 North: 112528.6410 East: 1272746.0727 Line Course: S 16-50-17 W Length: 62.680 North: 112468.6482 East: 1272727.9163 Line Course: S 42-28-57 W Length: 172.780 North: 112341.2258 East: 1272611.2267 Line Course: S 02-38-16 W Length: 200.410 North: 112141.0281 East: 1272602.0035 Line Course: N 88-44-22 W Length: 148.600 North: 112144.2972 East: 1272453.4395 Line Course: N 78-53-02 W Length: 62.790 North: 112156.4030 East: 1272391.8275 Line Course: N 13-04-35 E Length: 34.450 North: 112189.9597 East: 1272399.6218 Line Course: N 44-45-48 E Length: 88.810 North: 112253.0167 East: 1272462.1601 Line Course: N 26-19-01 E Length: 74.200 North: 112319.5263 East: 1272495.0556 Line Course: N 34-25-14 W Length: 63.100 North: 112371.5781 East: 1272459.3875 Line Course: N 27-13-40 W Length: 66.330 North: 112430.5584 East: 1272429.0396 Line Course: N 19-15-47 E Length: 97.530 North: 112522.6281 East: 1272461.2153 Line Course: N 41-02-38 E Length: 93.820 North: 112593.3878 East: 1272522.8210 Line Course: N 01-07-05 E Length: 67.850 North: 112661.2248 East: 1272524.1449 Line Course: N 45-22-43 W Length: 55.900 North: 112700.4901 East: 1272484.3573 Line Course: N 71-07-09 W Length: 92.560 North: 112730.4426 East: 1272396.7777 Line Course: N 56-15-55 W Length: 33.620 North: 112749.1134 East: 1272368.8187 Line Course: N 40-44-56 W Length: 57.480 North: 112792.6589 East: 1272331.2989 Line Course: N 07-43-17 E Length: 72.950 North: 112864.9475 East: 1272341.1002 Line Course: N 23-34-46 W Length: 63.860 North: 112923.4756 East: 1272315.5549 Line Line Line Line Line Line Line Course: N 40-23-23 W North: 112954.5740 Course: N 11-00-00 W North: 113024.3284 Course: N 34-54-11 E North: 113094.3749 Course: N 24-16-10 E North: 113119.4263 Course: N 01-14-59 E North: 113178.0524 Course: S 88-45-01 E North: 113176.7412 Course: S 16-46-16 W North: 113176.7287 Length: 40.830 East: 1272289.0977 Length: 71.060 East: 1272275.5388 Length: 85.410 East :1272324.4095 Length: 27.480 East: 1272335.7046 Length: 58.640 East: 1272336.9835 Length: 60.120 East: 1272397.0892 Length: 0.013 East: 1272397.0855 Perimeter: 2808.723 Area: 227,226 S.F. 5.22 ACRES PARCEL A North: 111925.4897 East: 1271827.5799 Line Course: S 88-45-44 E Length: 1187.799 North: 111899.8313 East :1273015.1017 Curve Length:170.341 Radius:2805.000 Delta:3-28-46 Tangent:85.197 Chord: 170.315 Course: S 16-23-39 W Course In: N 75-20-44 W Course Out: S 71-51-58 E RP North: 112609.4649 East: 1270301.3506 End North: 111736.4407 East: 1272967.0313 Line Course: N 88-45-50 W Length: 1143.265 North: 111761.1038 East: 1271824.0323 Line Course: N 01-14-10 E Length: 164.420 North: 111925.4855 East :1271827.5793 Perimeter: 2665.826 Area: 191,766 S.F. 4.40 ACRES PARCEL B North: 112254.2538 East: 1271834.6739 Line Course: S 88-45-51 E Length: 990.209 North: 112232.8973 East: 1272824.6526 Line Course: S 88-14-10 E Length: 9.076 North: 112232.6179 East: 1272833.7243 Line Course: S 00-10-12 W Length: 299.619 North: 111933.0003 East: 1272832.8353 Line Course: S 88-45-44 E Length: 189.746 North: 111928.9014 East: 1273022.5370 Curve Length:29.999 Radius:2805.000 Delta:0-36-46 Tangent:15.002 Chord: 29.999 Course: S 14-20-53 W Course In: N 75-57-30 W Course Out: S 75-20-44 E RP North: 112609.4714 East: 1270301.3517 End North: 111899.8379 East: 1273015.1028 Line Course: N 88-45-44 W Length: 1187.799 North: 111925.4962 East: 1271827.5810 Line Course: N 01-14-10 E Length: 328.841 North: 112254.2607 East: 1271834.6749 Perimeter: 3035.294 Area: 335,064 S.F. 7.69 ACRES PARCEL C North: 112583.0179 East: 1271841.7680 Line Course: S 88-45-23 E Length: 1264.367 North: 112555.5769 East: 1273105.8372 Line Course: S 01-11-38 W Length: 4.552 North: 112551.0259 East: 1273105.7423 Curve Length:215.613 Radius:2805.000 Delta:4-24-15 Tangent:107.860 Chord: 215.561 Course: S 03-23-46 W Course In: N 88-48-22 W Course Out: S 84-24-07 E RP North:112609.4702 East: 1270301.3513 End North: 112335.8449 East: 1273092.9734 Line Course: N 88-46-13 W Length: 266.095 North: 112341.5556 East: 1272826.9397 Line Course: S 01-12-20 W Length: 108.680 North: 112232.8997 East: 1272824.6531 Line Course: N 88-45-51 W Length: 990.209 North: 112254.2562 East: 1271834.6745 Line Course: N 01-14-10 E Length: 328.841 North: 112583.0207 East: 1271841.7684 Perimeter: 3178.358 Area: 385,287 S.F. 8.84 ACRES PARCEL D North: 113206.3283 East: 1271498.7823 Line Course: S 88-45-01 E Length: 826.665 North: 113188.2988 East: 1272325.2506 Line Course: S 00-00-00 W Length: 10.002 North: 113178.2968 East: 1272325.2506 Line Course: S 88-45-01 E Length: 579.782 North: 113165.6517 East: 1272904.8947 Line Course: S 01-12-20 W Length: 213.600 North: 112952.0990 East: 1272900.4007 Line Course: S 88-45-01 E Length: 211.654 North: 112947.4828 East: 1273112.0044 Line Course: S 01-11-38 W Length: 391.949 North: 112555.6189 East: 1273103.8378 Line Course: N 88-45-23 W Length: 1618.884 North: 112590.7542 East: 1271485.3351 Line Course: N 01-15-05 E Length: 615.719 North: 113206.3263 East: 1271498.7819 Perimeter: 4468.255 Area: 943,330 S.F. 21.66 ACRES PARCEL E North: 113165.6501 East: 1272904.8948 Line Course: S 88-45-01 E Length: 181.636 North: 113161.6886 East: 1273086.4876 Line Course: S 43-46-57 E Length: 38.164 North: 113134.1353 East: 1273112.8941 Line Course: S 01-11-38 W Length: 41.143 North: 113093.0012 East: 1273112.0369 Line Course: S O4-29-19 E Length: 30.298 North: 113062.7961 East: 1273114.4080 Line Course: S 01-11-38 W Length: 115.340 North: 112947.4812 East: 1273112.0048 Line Course: N 88-45-01 W Length: 211.654 North: 112952.0973 East: 1272900.4012 Line Course: N 01-12-20 E Length: 213.600 North: 113165.6501 East: 1272904.8952 Perimeter: 831.834 Area: 44,591 S.F.1.02 ACRES n p7 D �0 c I— -n f✓i 0 -n Z M O o m rn y ry o � o ti FEDERAL WAY VILLAGE, LLC Tme In FEDERAL WAY VILLAGE ..... N M m�.3 r aer ar �ma a rw an KMr..a�w !t6"T.0 r z m s In < i c rth {n < LDT 1 ' 1 FYY I I e 00 0100 200 0 7 y m FWC. M. 200'IDB02F7000O7 mm �I� r _ m N (n LLL+++ O.y 27i�00 WAR O O yyd b om z�m N an.•m' Kill, '' m ILI D IF �F m IF ii a Im m I� 0 IN w S$ t 1i rr orfaas E ! I F r I Hip eo s r P 46 NlONIYAY $�l(/N - - k go �o �o OV Q g°g � ° BOUNDARY LINE LSIN� EH INr g_g kip_ - F'°. w 18 10 1 W I ®;;;6 z A a ADJUSTMENT z FEDERAL WAY VILLAGE Q CITY B� WASHINGTON r tw*� 1 r w�~ I S Untitled 7/19/07 10:28 AM Good Morning Janet, For the purposes financing, my client wishes to file a Boundary Line Adjustment (BIA) on the Federal Way Village site prior to recording the preliminary plat. (see attached). If we record the BLA separating the residential portion from the commercial portion will we then need to follow up with a binding site plan for the commercial portion? Or, can we record re i rotating easements to accomplish and satisfy the intent of the binding site plan requirement? We will be more than happy to comply with the proper process and procedure as long as we know what process is correct process to follow. Give me a call if you have any questions. Thanks, ERIC PENNALA, AICP I ESM CON$, iTING ENGINEERS, LLC P;'- "'tct Planner www.esmc:iii.com e nnala1_a)esrn-ivil.com Federal Way ; 3othell I Cle Elum 33915 1st Way S, Ste 200 Federal Way, WA 98003 Tel: 253.838.6113 Fax: 253.838.710 Civil Engineering I Surveying I Land Planning I Landsca,. Architecture I GIS n 1% 0Gwy�+ _ Arch Si9r �po� o,NAA^5. O�S� �tac� �� °K � k" - Cam, 47- I o,, WS WV _ ok stream://1/ Page 1 of 1 Sent By: LEN#SCHAAD#CPA; 4254532762; Jun 08 15:20; Page 1 L.EQNARD C. SCHAADT • Certified Public Accountant 1026 Bellevue Way S.E. Bellevue, WA 98004 Te(q)hone (475) 455-4772 Fvx (425)453-2762 DATE: June 9, 2008 TO: Janet Schull City of Federal Way FAX: 253-835-2609 FROM: Len Schaadt No Pages /',,-J including cover Janet, Jon Potter forwarded your e-mail of June 5`b in which you requested additional infonrnation. Attached are copies of the complete Article 5 of Kitt Corner Development's Operating Agreement, along with Section 6.3 which is referred to in Section 5.1. The opening paragraphs of your e-mail lead me to believe that Jon has not explained the sequence of events properly. You mentioned that this BLA is not typical because "normally, every owner effected by the action must sign". Further you wrote that our agreement allows me "to act on behalf of numerous property owners". This is not entirely accurate. Our agreement requires that each member transfer their property to Kitts Corner Development once all conditions to the initial closing with the buyer are met. The first step, therefore, will be the transfer of the properties to Kitts Corner. At that point, Kitts Corner is the sole owner of all of the parcels and will proceed to file the BLA. I am enclosing Section 8.1 which requires the transfer of the parcels, as well as Section 1, Definitions. Please call me if you have any questions at 425-455-4772 RECEIVED J U N 0 9 2008 CITY OF FEDERAL WAY CDS Member: AnICTkflP1 In.itaute of C:Uttfii•d Public Accountants and Wnshtnetuu Socierl of Cumfied Public Accouma?m Sent By: LEN#SCHAAD#CPA; 4254532762; Jun-O OB 15:20; Page 2 Way the Project Real Estate, partas the Commercial Portion of the Project and part as the Residential Portion of the Project; and to sell the Project Real Estate and any associated development rights and personal property; (13) to carry onany lawful business or activity which may be conducted by a limited liability company organized under the Act; and (C) to exercise. all other powers necessary to or reasonably connected with the Company's business which may be legally exercised by a limited liability company under the Act. ARTICLE 4. MEMBER INFORMATION The names, addresses, capital contributions, values of contributed real estate, and Percentage Interests of the Members are set forth on the attached SCHEDULE I, as amended or restated from time to time. The Manager is hereby authorized and directed, without further approval of the Members, to amend SCHEDULE I, frotn time to time, to reflect the admission, withdrawal; and substitution of Members or changes in their names and addresses, and to take whatever action the Manager deems appropriate or necessary to update the Company's books and records to reflect such changes in the identity, names and addresses of the Members. It after admission to the Company as a Member, a Member changes its name or address, or transfers part or all of its Membership Interest, subject to the restrictions on transfer contained in this Agreement, the Member shall promptly notify the Manager of such change to permit the updating of SCHEDULE I and the Company's books and records. ARTICLE 5. N ANAGERS; RIGHTS AND DUTIES 5.1. Management. Thetusiness and affairs of the Company shall be managed by the Manager. Except as provided in Section 6.3 below or otherwise expressly provided in this Agreement, the Manager shall have full and complete authority, power and discretion to manage and control the business, affairs and properties of the Company, to make all decisions regarding those matters and to perform any and all other acts or activities customary or incident to the management of the Company's business. Unless authorized to do so bythe Manager, no Member, employee or other agent of the Company shall have any power or authority to bind the Company in any way, to pledge its credit or to render it liable for any purpose. Subject to the limitations set forth in this Agreement, the Manager shall have full power and authority, on behalf of and at the expense of the Company, to: (a) acquire, improve, manage, operate, and, in accordance with the Stateside Agreement, sell the Project Real Estate and any personal property of the Company, including without limitation pursuing any permitting, platting, and other governmental or other approvals necessary or appropriate in connection with ttO R Operating Agreement - Final #2,64820 18178-003 5-a4071.doc 9/15/04 CIV OF FCDSRA� W pY Sent By: LEN#SCHAAD#CPA; 4254532762, Jun 08 15:21; Page 3 (b) oversee the development, management and operations of the Company, and develop operating budgets for approval by the Members; (e) borrow up to an aggregate of $30,000 from financial institutions or other persons on such terms and conditions as the Manager deems appropriate, and in connection therewith, to hypothecate, encumber and grant security interests in the assets of the Company to secure repayment of any such borrowed money; (d) purchase liability and other insurance to protect the Company's property and business, including without limitation insurance to fund any indemnification obligations of the Company pursuant to Section 5.3; (e) invest Company funds temporarily in time deposits, short-term governmental obligations, commercial paper or other short-term investments; (f) execute instruments and documents, including without limitation, checks, drafts, notes and other negotiable instruments, mortgages or deeds of trust, security agreements, financing statements, documents providing for the acquisition, mortgage or disposition of the Company's property, assignments, bills of sale, leases, and any other instruments or documents necessary, in the opinion of the Manager, to the _ business of the Company; (g) subject to any budget limits that may be adopted by Members, employ architects; engineers, accountants, legal counsel, managing agents or other experts to perform services for the Company and to compensate there from Company funds; (h) open bank accounts from time to time in the name of the Company, and be the sole signatory thereon; and (i) do and perform any and all other acts as may be necessary or appropriate to the conduct of the Company's business. 5.2. Payment of Expenses. The Company shall pay all of its expenses of operation, which expenses may be either billed directly to the Company or billed to, and paid by, the Manager or an Affiliate of the Manager and reimbursed to the payor by the Company. The Manager shall not iiacur any expense in excess of the amount specified for such purpose in any budget approved by the Members. The Company shall also pay or reimburse the Manager or an Affiliate of the Manager for all expenses incurred in connection with the organization of the Company and the sale to or acquisition by any Member of any interests in the Company. These expenses may include, but are not limited to, legal, accounting, Financing and other professional fees and costs, however, the legal, accounting, financing and other professional fees and costs incurred by a Member in connection with the purchase of an interest in the Company shall be borne solely by that Member. Operating Agreement - Final page 8 #264920 19179-003 S c4t171.doc 9/15/04 Sent By: LEN#SCHAAD#CPA; 4254532762; Jun-9-OB 15:21; Page 4 5.3. Limitation on Liability; Indemnification. Neither the Manager nor any Affiliate of the Manager shall be liable, responsible or accountable in damages or otherwise to the Company or the;Members for any act or omission by any such Person performed in good faith pursuant to the authority granted to such Person by this Agreement or in accordance with its provisions, and in a manner reasonably believed by such Person to be within the scope of the authority granted to such Person and in the best interest of the Company; provided, that such act or omission did not involve intentional misconduct or a knowing violation of law, conduct violating RCW 25.15.235 or any transaction from which the Person will, without the approval of Members collectively holding a Majority Interest, receive:a benefit in money, property or services to which such Person is not legally entitled. The Company shall indemnify, defend and hold harmless the Manager, any Affiliate, and each director, officer, partner, employee or agent thereof, against any liability, loss, damage, cost or expense incurred by them on behalf of the Company or in furtherance of the Company's interests without relieving any such Person of liability for intentional misconduct or a knowing violation of law, conduct violating RCW 25,15.235 or any transaction from which the Person will, without the approval of Members collectively holding a Majority Interest, receive a benefit in money, property or services to which such Person is not legally entitled. No Member shall have any personal liability with respect to the satisfaction of any required indemnification of the above -mentioned Persons. Any, indemnification required to be made by the Company shall be made promptly following the fixing of the liability,: loss, damage, cost or expense incurred or suffered by a final judgment of any court, settlement, contract or otherwise. In addition, the Company may advance funds to a Person claiming indemnification under this Section 5.3 for legal expenses and other costs incurred as a result of a legal action brought against such Person only if (i) the legal action relates to the performance of duties or services by the Person on behalf of the Company, (ii) the legal action is initiated by a party other than aMember and (iii) such Person undertakes to repay the advanced funds to the Company if it is determined that such Person is not entitled to indemnification pursuant to the terms of this Agreement. 5.4. RemovaL At a meeting called expressly for that purpose, the Manager may be removed at any time, with or without cause, by the affirmative vote of Members collectively holding at least a Majority Interest. If the Manager is an Affiliate of a Member, then such Member shall. not be entitled to vote on the removal of such Manager, and the vote required to remove such Manager shall be at least a Majority Interest calculated with respect to all Members eligible to vote on the removal. The removal of a Manager who is also a Member shall not affect the Manager's rights as a Member and shall not constitute a withdrawal of a Member, 5.5. Vacancies. Any vacancy occurring for any reason in the number of Managers shall be filled by the affirmative vote of Members collectively holding a Majority Interest. Operating Agreement Flnal #264820 18178-003 S c4071.doe 9/15/04 page 9 Sent By: LEN#SCHAAD#CPA; 4254532762; Jun- -OB 15:21; Page 5 5.6. Right to Rely on the Manager. Any Person dealing with the Company may rely (without duty of further inquiry) upon a certificate signed by the Manager as to the identity and authority of the Manager or other Person to act on behalf of the Company. ARTICLE 6. RIGHTS AND OBLIGATIONS OF MEMBERS 6.1. Limitation of Liability. Each Member's liability shall be limited as set forth in this Agreement and the Act. 6.2. Litibility for Company Obligations. Except as otherwise provided by law, Members shall not be personally liable for any debts, obligations or liabilities of the Company. 6.3. Major Decisions.: In addition to any Member approval requirements set forth elsewhere in this Agreement: (a) The following actions shall require the approval of Members collectively holdiint; at least a TWo-Thirds Interest: (i) Paj-ment of compensation to any Manager or Member for services provided to the Company. (ii) After: assignment of the listing agreements between the Members and Westlake A.sgociates, Inc. to the Company as provided in Section 8.1(a)(i), termination or amendment of such listing agreements (except for any amendment increasing in the commission or other fees payable by the Company pursuant to such agreements, in which the approval criteria set forth in Section 6.3(b) shall apply). (iii) Except for an advance by a Member pursuant to Section 8.1(d), any borrowing by the Company in excess of $30,000. (iv) Approval of operating and other budgets for the Company. The initial operating budget for the Company is attached to this Agreement as Exhibit F. (v) Dissolution of the Company. (vi) Admission of any additional Member, as further provided in Article 13. (b) The following actions shall require the approval of Members collectively holding at least a Two -Thirds Interest, including, as long as it is a Member, the Chase/MacLeod Tenancy in Common: Operating Agreement - Final #264820 18178-003 S c4071.doc 9115/04 page 10 Sent By: LEN#SCHAAD#CPA; 4254532762; Jun 4)-08 15:22; Page 6 Agreement. (i) Execution, amendment or termination of the :Stateside (ii) The sede, exchange, or other disposition of the Project Real Estate, except in accordance with the Stateside Agreement. (iii) Merger of the Company. (iv) Pursuit of any business other than the Project- (v) Execution, amendment or termination of any development agreement with the City of Federal Way. 6.4. Inspection of Records. Upon reasonable request, each Member shall have the right to inspect and copy: at such Member's expense, during ordinary business hours, the records required to be maintained by the Company pursuant to Section 11.5. 6.5. Na 1Pri6rity and Return of Capital. Except as expressly provided in Articles 9, 10 and :14, no Member: shall have priority over any other Member, either as to the return of Capital Contributions or as to Net Profits, Net Losses or distributions; provided, that this Section 6.5 shall not apply to loans made by a Member to the Company. 6.6. Dissociation and Withdrawal of a Member. (a) No Withdiawal Rights. A Member may not withdraw as a Member prior to dissolution and commencement of winding up of the Company pursuant to Article 14 without the written consent of all the other Members. (b) Dissociation .Events. A Person shall cease to be a Member upon the occurrence of one or more of the following events: (i) The Person withdraws by voluntary act from. the Company with the written consent of all other Members as provided in Subsection (a) of this Section 6.6; (ii) The Person ceases to be a Member as provided in RCW 25.15.250(2)(b) and Subsection 12.4(c) following an assignment of all the Person's Membership Interest; or (iii) Unless Members collectively holding a Majority Interest calculated _without regard to.such Person agree in writing that such Person's status as a Member shall not be terminated: (A) the Person (1) makes a general assignment for the benefit of creditors; (2) files a voluntary petition in bankruptcy; (3) becornes the subject of an order for relief in bankruptcy proceedings; (4) files a petition or Operating Agreement - Final page 11 -+264820 18173-003 5_c4071_dub 9/15/04 Sent By: LEN#SCHAAD#CPA; 4254532762; Jun } 08 15:22; Page 7/14 OPERATING AGREEMENT OF KITTS CORNER DEVELOPMENT, LLC TMS OPERATING AGREEMENT (the "Agreement") is made and entered into effective as of /'ram-t,.,tb*r 7, 2004, by and between the Members in the Company who have executed this Agreement. RECITALS A. The Members each own parcels of real estate located at Kitts Comer in Federal Way, Washington, as described on the attached Exhibits A through E, which together constitute the Project Real Estate. B. The Members have been approached by Stateside Investments, LLC, which is interested in purchasing;the Project Real Estate, provided that certain development permits and approvals have been obtained by the Members. C. The Members have formed the Company in order to prepare the Project Real Estate for acceptance of a development agreement with the City of Federal Way, and to facilitate the sale to Stateside. The Members desire to contribute the Project Real Estate to the Company and pursue the Project on the terms and conditions set forth in this Agreement. ARTICLE 1. DEFINITIONS The following terms used in this Agreement shall have the following meanings (unless otherwise expressly provided herein): 1.1. "Art" means the Washington Limited Liability Company Act, Chapter 25.15 of the Revised Code of Washington, as it may be amended from time to time. 1.2. "Afl'iliate" means, with respect to any Person, (i) any other Person directly or indirectly controlling, controlled by or under common control with such Person, (ii) any Person owning or controlling fifty percent (50016) or more of the outstanding voting interests of such Person, (iii) any officer, director or general partner of such Person, or (iv) any Person who is an officer, director, general partner, trustee or holder of fifty percent (50%) or more of the voting interests of any Person described in clauses (i) through (iii). For purposes of this definition, the terms "controls," "is controlled by" or "is under common control with" shall mean the possession, direct or indirect, of the Operating Agreement - Final #264820 1817"03 3_c4071,doc 9113/04 page I Sent By: LEN#SCHAAD#CPA; 4254532762; Jun 08 15:22; Page B/14 power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise. 1.3. "Blended Percentage Interest" with respect to any Member, means the percentage determined based upon the ratio that the combined value of the property contributed by such Member bears to the total value of all of the properties contributed by all Members, as set forth on Schedule I. 1.4. "Capital Account" shall have the meaning ascribed to that term in Section 8.2. 1.5. "Capital Contribution" means the total amount of money and the fair market value of property (net of liabilities secured by such property that the Company is considered to assume or take subject to under Code Section 752) contributed to the capital of the Company by a Member pursuant to the terms of this Agreement. 1.6. "Code" means the Internal Revenue Code of 1986, as amended, or corresponding provisions of subsequent superseding federal revenue laws. 1.7. "Commercial )Percentage Interest" with respect to any Member, means the percentage determined based upon the ratio that the value of the property contributed by such Member that is allocated to the Commercial Portion of the Project bears to the total value of all of the properties contributed by all of the Members that are allocated to the Commercial Portion of the Project, as set forth on Schedule I. I.S. "Commercial Portion of the Project" means the acquisition, permitting, preparation for development, and sale of the portion of the Project Real Estate that is developed for commercial purposes. 1.9. "Company" means the 'Washington limited liability company formed pursuant to this Agreement and initially named Kitts Corner Development, LLC. 1.10. "Company Minimum Gain" has the same meaning as the term "partnership minimum gain" in Sections 1.704-2(b)(2) and 1.704-2(d) of the Regulations. 1.11. "Defaulting Member" shall have the meaning ascribed to such term in Section 8.1(d). 1.12. "Default Loan" shall have the meaning ascribed to such term in Section 8.1(d)(i). 1.13. "Deficit Capital Account" means with respect to any Member, the deficit balance, if any, in such Member's Capital Account as of the end of the taxable year, after giving effect to the following adjustments: (A) credit to such Capital Account any amount that such Member is obligated to restore to the Company under Section 1.704-1(b)(2)(ii)(c) of the Regulations, Operating Agreement - Final 0264820 18179-003 5 v4071.doo 9/15/04 page 2 Sent By: LEN#SCHAAD#CPA; _ 4254532762 1 , Jun-9�08 15:23; as well as any addition thereto pursuant to the next -to -last sentences of Sections 1.704-2(g)(1) and (i)(5) of the Regulations; and (B) debit to such Capital Account the items described in Sections 1.704-l(b)(2Xi1)(d)(4), (5) and (6) of the Regulations. This definition is intended to comply with the provisions of Sections 1.704-1(b)(2)(ii)(d) and 1.704-2 of the Regulations and will be interpreted consistently with those provisions_ 1.14. "Designated Representative" means an individual designated by each Member to act as that Member's representative far voting, notice, and all other purposes in connection with the Company. Each Member grants to its Designated Representative the power and authority to act on behalf of such Member in all matters relating to the Company, and the Company and the other Members shall be entitled to rely on such action as the action of the Member. The initial Designated Representatives of the Members are as follows: Member. - Kitts Corner Partners LLC Campus Gateway Associates, L.P. Merlino Tenancy in Common Chase/MacLeod Tenancy m' Common Knight/Cloe Tenancy in Common Designated Representative: Leonard C. Schaadt Leonard C. Schaadt Jean Merlino John H. MacLeod Wa)me Knight A Member may change its Designated Representative from time to time by written notice to the Manager and the other Members. 1.15. 'Distributable Cash" means 01 cash received by the Company, less the SUM- of the following to the extent paid or set aside by the Company. (i) all principal and interest payments on indebtedness of the Company and other sums paid or payable to lenders; (b) all other cash expenditures; and (iii) any reserves the Company deems necessary or desirable, including without limitation sufficient funds to pay the Company's anticipated expenses until the next sale of a portion of the Project Real Estate. In calculating Distributable Cash Related to the Residential property, items 0), (ii) and (iii) above shall be calculated to include those items only to the extent they relate to or are essential to the sale and closing of the Residential Property. In calculating Distributable Cash Related to the Commercial Property, items 0), (ii) and (iii) above shall be calculated to include those items only to theextent they relate to or are essential to the sale and closing of the Commercial Property. To the extent items (ii)or Ili cannot be clearly defined as related to either the Residential or Commercial Property, (iii) prorated between the Residential and Commercial Property in ac accordance ose with thms e be Operatl�rg Agreement -Final 4264820 18178-003 5_C4071.doc 9115104 Page j Page 9/14 Sent By: LEN#SCHAAD#CPA; 4254532762, Jun-9-08 15:23, Page 10%14 relative aggregate valuations of the Residential and Commercial Property as set forth in Schedule I of this Agreement. 1.16. "Yatitty" means any general partnership, limited partnership, limited liability company, corporation, tenancy in common, joint venture, trust, business trust, cooperative or association or any. other organization that is not a natural person. 1..17. "Majority latere"" initially means more than 50% of the Blended Percentage Interests, The Members anticipate that the Residential Closing will occur prior to the sale of the commercial portion of the Project Real Estate. In such event, after the Residential Closing, the term"Majority Interest" shall mean more than 50% of the Commercial Percentage Interests: 1.18. "Manager" means Leonard C. Schaadt and any other Person who may become a substitute or additional: Manager as provided in Article 5. At any time when there is more than one Manager, the affirmative vote, approval or consent of a majority of the Managers shall be required to take any action permitted to be taken by the Manager. 1.19. "Member" means a Person who executes a counterpart of this Agreement as a Member, and each other Person who may hereafter become a Member pursuant to the terms of this Agreement and the Act, unless in either case such Person has ceased to be a Member pursuant to the terms of Section 6.6 hereof. To the extent a Manager is also a Member, such Manager will have all the rights of a Member with respect to its Membership Interest, and the term "Member" as used herein shall include a Manager to the extent such Manager is also a Member. 1.20. "Membership Interest" means the entire legal and equitable ownership interest of a Member in the Company, including but not limited to such Member's rights and interest in capital, distributions, Net Profits, Net Losses, voting rights, and all of such Member's other rights and obligations under this Agreement. 1.21. "Member Minimum Gain" has the same meaning as the tern "partner nonrecourse debt minimum gain? in Section 1.704-2(i) of the Regulations. 1.22. "Net profits" and "Net Losses" shall have the meaning ascribed to those terms in Section 9.5. 1.23. "Parcel' means one of the parcels of real property constituting the Project Real Estate, together with all improvements and appurtenances to such parcel, including without limitation any appurtenant privileges, easements, development rights, air rights, water rights, and any other easements, rights -of -way or appurtenances benefiting such parcel; all architectural, engineering, landscaping and other related studies, applications, drawings, plans, working drawings and specifications for the development of such parcel; and all goverrunental applications, permits, licenses, approvals, authorizations, variances and consents related to such parcel. Operating Agreement - Final #2W20 18179-003 S o4071.doc 9/15/04 page 4 Sent By: LEN#SCHAAD#CPA; 4254532762; Jun 8 15:23; Page 11/14 1.24. "Person" means any individual or Entity, and the heirs, executors, administrators, legal representatives, successors and assigns of such "Person" where the context so permits. 1.25. "Project" means the acquisition, permitting, preparation for acceptance of a development agreement with the City of Federal Way, and sale of the Project Real Estate. The Project and the costs: related thereto are expected to be divided and allocated into two parts, the Commercial Portion of the Project and the Residential Portion of the Project. 1.26. "Project Real Estate" means the Parcels of real estate located at Kitts Corner in Federal Way, Washington, to be contributed to the Company by the Members, as listed on the attached Exhibits A through E. 1.27. "RCW" means the Revised Code of Washington, as it may be amended from time to time. 1.28. "Real Estate Contribution Condition" means all conditions to the closing of the initial sale of any portion of the Project Real Estate pursuant to the Stateside Agreement which shall be deemed to be satisfied when it is, in fact, satisfied or waived by the appropriate party or when all documents, funds, instructions and approvals necessary to satisfy such conditions have been delivered to the escrow agent and the escrow agent is prepared to close: the transfer of the Project Real Estate to the Company and the initial sale of any portion of the Project Real Estate pursuant to the Stateside Agreement. 1.29. "Regulations" means temporary and final Treasury regulations promulgated under the Code and the corresponding sections of any regulations subsequently issued that amend or supersede Such regulations. 1.30. "Residential Cloning" means the closing of the sale of the real estate in the Residential Portion of the Project by the Company. 1.31.. "Residential Percentage Interest" with respect to any Member, means the percentage determined based 'upon the ratio that the value of the property contributed by such Member that is allocated to the Residential Portion of the Project bears to the total value of all of the properties contributed by all of the Members that are allocated to the Residential Portion of the Project, as set forth on Schedule 1. 1-32. "Residential Portion of the Project" means the acquisition, permitting, preparation for development, and sale of the portion of the Project Real Estate that is developed for residential purposes. 1.33. "Stateside" means Stateside Investments, LLC. 1.34. "Stateside Agreement" shall mean the purchase and sale agreement for the Project Real Estate between the Company and Stateside. Operating Agreement - Final — page 5 #264920 18179-003 5_04071.doc 9115104 Sent By: LEN#SCHAAD#CPA; 4254532762; Jun1--) 15:24; Page 12/14 1.35. Section 11.6. �J ''Tax Matters Partner" shall have the meaning ascribed to that term in 1.36. "Ten Percent Interest" initially means ten percent of the Blended Percentage Interests. The Members anticipate that the Residential Closing will occur prior to the sale of the commercial portion of the Project Real Estate. Ire such event, after the Residential Closing, the term "Teri Percent Interest" shall mean ten percent of the Commercial Percentage Interests. 1.37. "Two -Thirds Interest" initially means two-thirds of the Blended Percentage Interests. The Members anticipate that the Residential Closing will occur prior to the sale of the commercial portion of the Project Real Estate. In such event, after the Residential Closing, the term "Two -Thirds Interest" shall mean two-thirds of the Commercial Percentage Interests: ARTICLE 2. FORMATION OF COMPANY 2.1. Formation. The Company was formed on 4o- z 7 , 2004, when the Certificate of Formation was executed and filed with the office of the Washington Secretary of State in:accordance with and pursuant to the Act- 2.2. Name. The name of the Company is Kitts Corner Development, LLC. 23. Principal Place of Business. The principal place of business of the Company sha11 be 1026 Bellevue Way S.E., Bellevue, Washington, 98004. 2.4. Registered Office and Registered Agent. The Company's initial registered agent and the address of its initial registered office in the State of Washington are as follows: Name Address Hillis Clark Martin & Peterson, P.S. 500 Galland Building 1221 Second Avenue Seattle, WA 98101-2925 The registered office and registered agent may be changed by the Manager from time to time by filing an amendment to the Certificate of Formation. ARTICLE:3. BUSINESS OF COMPANY The business of the Company shall be: (A) to pursue the Project, and in connection therewith to acquire, own, operate and prepare for acceptance of a development agreement with the City of Federal Operating Agreement - Final page 6 #264920 18178-003 3 c4071.doc 9/15/04 Sent By: LEN#SCHAAD#CPA; 4254532762, Jun-9-08 15:24; Page 13/14 7.2. Place of Meetings. The Manager or the Members calling the meeting may desipiate any place within King County, Washington, as the place of meeting for any meeting of the Members. 7.3. Manner of Acting. Unless a greater vote for a specific action is required by the terms of this Agreement, all decisions by the Members shall be made by the affirmative vote, approval or consent of Members collectively holding a Majority Interest, except that the affirmative vote, approval or consent of all Members shall be required to amend this Agreement or to authorize any Member or other Person to do any act on behalf of the Company that contravenes this Agreement. A Member may vote, or otherwise give approval or consent in person (in writing or orally, whether face-to-face, by telephone or through any other- means of communication) or by proxy. ARTICLE S. CONTRIBUTIONS TO THE COMPANY AND CAPITAL ACCOUNTS 8.1. Members'Capital Contributions. (a) Initial Capital Contributions. Upon execution of this Agreement, each Member shall contribute to the Company such money as is set forth in the attached Schedule I opposite that Member's name as such Member's Initial Capital Contribution. In addition: (i) Upon satisfaction of the Real Estate Contribution Condition, each Member shall also contribute to the Company any Parcel in which such Member has an interest and his, her or its Capital Account shall be credited with the total value of the Parcel contributed set forth on Schedule I. Within 15 days after request from the Manager (which request may be made at any time after execution of this Agreement), each Member shall execute and deliver to an escrow agent selected by the Manager any and all documents necessary or appropriate to transfer to the Company any such Parcel free and clear of all liens, claims or encumbrances (other than non -monetary encumbrances that do not adversely affect the Project and are otherwise acceptable to the Manager), including without limitation escrow instructions, a statutory warranty deed, a real estate excise tax affidavit, an assignment of the listing agreement between such Member and Westlake Associates, Inc., and a certificate in form acceptable to the Manager containing representations, warranties and indemnities from the contributing Member regarding the condition of title, liens and encumbrances, absence of environmental contamination, absence of defaults under any deed of trust or other document or obligation encumbering such Parcel, and such other matters as the Manager may deem necessary or appropriate. The escrow instructions shall provide: that, upon satisfaction of the Real Estate Contribution Condition, the escrow agent is authorized and directed to record the statutory warranty deeds, file the real estate excise tax affidavits, and isle or record any other documents necessary to complete the transfer of the Parcels to the Company. Operating Agreement - Final pvge 13 *264320 1817"03 5` e:071.doe 9/15104 Sent By: LEN#SCHAAD#CPA; 4254532762; Jun-9-OB 15:24; Page 14/14 (H) If the initial closing pursuant to the Stateside Agreement is not completed within the time frame anticipated by such agreement or any extension granted by the Company, then the Company shall be dissolved unless the Members, within 180 days after the later of the scheduled or extended date of the initial closing, elect to continue the Company. Any such election shall require approval of Members collectively holding at least a Two -"Thirds Interest, including, as long as it is � Member, the Chase/MacLeod Tenancy in Common. if the Company is so dissolved, the escrow agent shall return the deeds, affidavits and other escrowed documents to the Members. (ifi) Pending the transfer of any Parcel to the Company, the contributing Member(s) (a) shall be solely responsible for payment of any mortgage or other loans, real estate taxes, water and sewer charges, and other fees, charges and payments of whatever nature required with respect to such Parcel, and (b) shall not sell, transfer,: assign (or agree to sell, transfer or assign) such Parcel, allow any defaults under any deed of trust, easement, agreement or other document or obligation affecting such Parcel, or further encumber such Parcel. (iv) All: financial liens or encumbrances on any Parcel contributed by a Member; as well as any real estate taxes or other charges for the period through the date of contribution, shall be paid in full by such Member through the escrow for the Residential Closing or, with the consent of the Manager, directly by the Member. As long as the amount of the distribution to be made to such Member asa: result of the Residential Closing, as determined by the Manager, will exceed the payoff amount of such liens and encumbrances, such payment may be made by the Company on behalf of such Member from the portion of the net sale proceeds otherwise distributable to such Member under Section 10. I (a)(i), and the amount of such payment shall be charged to such Member and offset against the amount distributable to such Member, under such Section, as a result of the Residential Closing- (y) The Company may record a Memorandum of Agreement against each Parcel to provide notice of the Members' obligations under this Agreement. (b) Additional Capital Contributions. Each Member shall be required to make additional Capital Contributions, in proportion to their respective Blended Percentage Interests (with respect to additional Capital Contributions required prior to the Residential Closing) or Commercial Percentage Interests (with respect to additional Capital Contributions required after the Residential Closing), as, when and in amounts the Manager determines from time to time to be reasonably necessary to provide worming capital, establish reserves or pay expenses of the Company, consistent with any budget that may be approved by the Members. Such additional Capital Contributions shall be made no later than thirty:(30) days after notice of the amounts to be contributed by each Member is given. Nothing contained in this Section 8.1(b) is or shall be deemed to be for the benefit of any Person other than the Members and the Company, and no such Operating Agreement - Final page 14 426487.0 18178-003 S c4071.dm 9/15/04 20071217001012.001 IRe ,j1-,, -4Z R1u�,ti C C, C.u. �a a I f UIIII 11F � 1 11111 Ir# rir au 11M jju IF11 Jill) jilt 11114111 ill ill s�]c71r nrz �A ►a1�1 200712 - 7001012 OLq iiPGSLIG i DI 52.00 PRGE@@1 D� @12 12/17/2007 12:23 KING COUNTY, lip This pace ded for Recorder's Use When Recorded Return to: Alan SWoodrruff,r Numerical Credit t Union, PO Box 60 Washington 99217 11, Spokane, RUST Grantor(s). Eugene C Nelson and Eliz bED th dFlon Grantee(s): Nurerica Credit Union Legal Description: Portion of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M. Assessor's Property Tax Parcel or Account Number: 202104-9090-09 Reference Numbers Of Documents Assigned or Released. . DATE AND PARTIES, The date of this Deed Of Trust (Security Instrument) is December 7, 2007. The parties and their addresses are. - GRANTOR: EUGENE C NELSON 3603 W Horizon Avenue Spokane, Washington 99208 ELIZABETH A NELSON 3503 W Horizon Avenue Spokane, Washington 99208 TRUSTEE-. OLD REPUBLIC TITLE & ESCROW a Corporation 2201 Sixth Avenue #1110 Seattie, Washington 98121 Washington Deed Of Trust W A14XXXdjchn00022000M848028120807Y ,ORT-CS aku 3 cay sa 019" $niekare Systems, Inc., St. Cloud, Mrl Pape 1 20071217001012.002 LENDER: NUMERICA CREDIT UNION Organized and existing under the laws of the United States of America PO Box 6011 Spokane, Washington 99217 Eugene C Nelson and Elizabeth A Nelson 1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which Is acknowledged, and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following described property: The land referred to is situated in the County of King, City of Federal Way, State of Washington, and is described as follows: That portion of the South half of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the Northeast corner of said Section 20; THENCE South 00°09'38" West along the Easterly line thereof, 877.49 feet; THENCE North 89°48'35" West, 137.00 feet to the Point of Beginning; THENCE continuing North 89°48'35" West, 186.00 feet; THENCE South 00609'38" West, 108.68 feet to the South line of the North half of said Subdivision; THENCE South 89°48'35" East, along said South line, 183.00 feet; THENCE South 00"09'38" West, 24.87 feet; THENCE South 89048'35" East, 86.28 feet to the Westerly margin of Primary State Highway No. 1 (also known as U.S. Highway 99); THENCE along said Westerly margin along a curve to the left, the center of which bears North 82930'57" West, 2805.00 feet distant, through a central angle of 00°33'20",an arc distance of 27.20 feet; THENCE North 89048'35" West, 56.73 feet; THENCE North 27°56'13" West, 20.98 feet; THENCE North 00°09'38" East, 88.06 feet to the True Point of Beginning. (BEING KNOWN AS Parcel B of City of Federal Way Boundary Line Adjustment No. 99-0007, recorded under Recording No. 20000126900005.) SITUATE in the County of King, State of Washington. The property is located In King County at 33905 Pacific Hwy S, Federal Way, Washington 98003. Together with all rights, easements, appurtenances, royalties,- mineral rights. oil and gas rights, all water and riparian rights, wells, ditches and water stock, crops, timber, all diversion payments or third party payments made to crop producers and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the NikLa'A. LLC Washington Deed 01 Trust WAf4XXXdjohn00022000005848026120607Y 01996 Bankers Systems, Inc., St. Cloud. MN 6c Page 2 20071217001012.003 future, be part of the real estate described (all referred to as Property). This Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. 2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time will not exceed $1,100,000.00. This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 3. SECURED DEBTS. The term "Secured Debts" includes and this Security Instrument will secure each of the following: A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements, A promissory note or other agreement, No. 602608, dated December 7, 2007, from NikLexi, LLC (Borrower) to Lender, with a loan amount of $1,100,000.00 and maturing on December 15, 2017. B. All Debts. All present and future debts from NikLexi, LLC to Lender, even if this Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or with others who may not sign this Security Instrument. Nothing in this Securrty Instrument constitutes a commitment to make additional or future loans or advances. Any such commitment must be in writing. In the event that Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest in the Grantor's principal dwelling that is created by this Security instrument. This Security Instrument will not secure any debt for which a non - possessory, non -purchase money security interest is created in 'household goods" in connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a security interest is created in "margin stock" and Lender does not obtain a "statement of purpose," as defined and required by federal law governing securities. C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 4. PAYMENTS, Grantor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument. S. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust, with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of record. 6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Grantor agrees - A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to lender any notices that Grantor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. NikLexi, LLC Washington Doe d Of Trust WAr4XXXdiohn00022000005848026120607Y 01996 Bankers Synerns, Inc., St. Cloud, MN Page 3 20071217001012.004 Lender may require Grantor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's payment. Grantor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Grantor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor may have against parties who supply labor or materials to maintain or improve the Property. S. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law 112 C.F.R. 591), as applicable. 9. WARRANTIES AND REPRESENTATIONS. Grantor has the right and authority to enter Into this Security Instrument. The execution and delivery of this Security Instrument will not violate any agreement governing Grantor or to which Grantor is a party. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good condition and make all repairs that are reasonably necessary. Grantor will not commit or allow any waste, impairment, or deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses. Grantor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Grantor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Grantor will notify Lender of all demands, proceedings, claims, and actions against Grantor, and of any loss or damage to the Property. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Grantor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Security Instrument. Grantor will not partition or subdivide the Property without Lender's prior written consent. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender will give Grantor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lender's benefit and Grantor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM, If Grantor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Grantor appoints Lender as attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right to perform for Grantor will not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument, If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND .RENTS. Grantor irrevocably assigns, grants, conveys to Lender as additional security all the right, title and interest in the following (Property). A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, Including but not limited to any extensions, renewals, modifications or replacements (Leases). NkLexi, LLC Washington Deed Of Trust WAf4XXXdiohn00022000005848026120607Y 01996 Bankers systems, Inc., St. Claud, MN F5159?k ." Page 4 20071217001012.005 B. Rents, issues and profits, Including but not limited to security deposits, minimum rents, percentage rents, additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Grantor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property (Rents). In the event any item listed as Leases or Rents is determined to be personal -property, this Assignment will also be regarded as a security agreement. Grantor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately after they are executed. Grantor may collect, receive, enjoy and use the Rents so long as Grantor is not in default. Grantor will not collect in advance any Rents due In future lease periods, unless Grantor first obtains Lender's written consent. Upon default, Grantor will receive any Rents in trust for Lender and Grantor will not commingle the Rents with any other funds. Grantor agrees that this Security Instrument is immediately effective between Grantor and Lender and effective as to third parties on the recording of this Assignment. This Security Instrument will remain effective during any statutory redemption period until the Secured Debts are satisfied. As long as this Assignment is in effect, Grantor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Grantor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Grantor or any party to the Lease defaults or fails to observe any applicable law, Grantor will promptly notify Lender. If Grantor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance. Grantor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) without Lender's consent, Grantor will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent. Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender's gross negligence or intentional torts. Otherwise, Grantor will indemnify Lender and hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases. When the Property is not farm land or the homestead of Grantor or Grantor's successor in interest, Grantor agrees that Lender is entitled to notify Grantor or Grantor's tenants to make payments of Rents due or to become due directly to Lender after such recording, however Lender agrees not to notify Grantor's tenants until Grantor defaults and Lender notifies Grantor of the default and demands that Grantor and Grantor's tenants pay all Rents due or to become due directly to Lender. Grantor consents to Grantor's tenants paying all Rents due or to become due directly to Lender after Lender makes this notification and demand to Grantor. When the Property is farm land or the homestead of Grantor or Grantor's successor in interest, Lender may not enforce this Security Instrument by taking possession of the Property for the purpose of collecting Rents, but Lender may seek the appointment of a receiver to take charge of the Property, collect the Rents for non -homestead Property, and apply the Rents under this Assignment. 13. DEFAULT. Grantor will be in default H any of the following occur: A. Payments. Grantor or Borrower fail to make a payment in full when due. NikLexi, LLC WasNngton Dead Ot Trust WA/4XXXdjohn00022000005848026120007Y 01995 Bankers Systems. Inc., St. Cloud, MN i50—Er�° Page 5 20071217001012.006 B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against Grantor, Borrower, or any co-signer, endorser, surety or guarantor of this Security Instrument or any other obligations Borrower has with Lender. C. Death or Incompetency. Grantor dies or is declared legally incompetent. D. Failure to Perform. Grantor fails to perform any condition or to keep any promise or covenant of this Security Instrument. E. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts. F. Other Agreements. Grantor is In default on any other debt or agreement Grantor has with Lender. G. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. H. Judgment. Grantor fails to satisfy or appeal any judgment against Grantor. I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. J. Name Change: Grantor changes Grantor's name or assumes an additional name without notifying Lender before making such a change. K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. This condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section. L. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired, M. Insecurity. Lender determines in good faith that a material adverse change has occurred in Borrower's financial condition from the conditions set forth in Borrower's most recent financial statement before the date of this Security Instrument or that the prospect for payment or performance of the Secured Debts is impaired for any reason, 14. REMEDIES. On or after default, Lender may use any and all remedies Lender has under state or federal law or in any document relating to the Secured Debts. Any amounts advanced on Grantor's behalf will be Immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available on Grantor's default. Subject to any right to cure, required time schedules or any other notice rights Grantor may have under federal and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of a default or anytime thereafter. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any NikL.Xi, LLC _ Washington Daed Of Trust WA14XXXd}'ohn00022000D058480261206D7Y 01996 Bankers Systems, W., St. Clod, MN E�er�1p Page 6 20071217001012.007 remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 15. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, Grantor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies under this Security Instrument or any other document relating to the Secured Debts. Grantor agrees to pay expenses for Lender to inspect and preserve the Property and for any recordation costs of releasing the Property from this Security Instrument. Expenses include, but are not limited to, attorneys' fees, court costs and other legal expenses. These expenses are due and payable immediately. if not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of the Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees incurred by Lender to protect Lender's rights and interests in connection with any bankruptcy proceedings initiated by or against Grantor. 16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as 'hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance' under any Environmental Law. Grantor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. C. Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental Law concerning the Property. In such an event, Grantor will take all necessary remedial action in accordance with Environmental Law. D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge of or reason to believe there Is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Grantor or any tenant of any Environmental Law. Grantor will immediately notify Lender in writing as soon as Grantor has reason to believe there is any such pending or threatened Investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding Including the rlght to receive copies of any documents relating to such proceedings. NikLexi, LLC Washington Dead Of Treat WA/4XXXdiohnOOD22D00D05B48026120607Y 018e6 Bankers Systems, Inc., St. Cloud, MN Exj5&1,r Page 7 20071217001012.008 E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been, are and will remain in full compliance with any applicable Environmental Law. F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Grantor and any tenant are in compliance with applicable Environmental Law. 1. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who Will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under this section at Grantor's expense. K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Grantor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remedlat)on costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return Grantor will provide Lender with collateral of at least equal value to the Property without prejudice to any of Lender's rights under this Security Instrument. L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived. 17. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or claims. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property, Such proceeds will be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 18. INSURANCE;. Grantor agrees to keep the Property insured against the risks reasonably associated with the Property. Grantor will maintain this insurance in the amounts Lender requires. This insurance will fast until the Property is released from this Security Instrument. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debts. Grantor may choose the insurance company, subject to Lender's approval, which will not be unreasonably withheld. NlkLexi, LLC Washington Deed Of Trust WA14XXXdjohn0002200000SB48026120607Y 01996 Bankers Systems, Inc.. St. Cloud, MN ExI55Ttr Page 8 20071217001017.009 All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "loss payee clause." If required by Lender, Grantor agrees to maintain comprehensive general liability insurance and rental loss or business interruption insurance in amounts and under policies acceptable to Lender. The comprehensive general liability insurance must name Lender as an additional insured. The rental loss or business interruption insurance must be in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writingl. Grantor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged condition, Grantor's rights to any insurance policies and proceeds will pass to Lender to the extent of the Secured Debts. Grantor will immediately notify Lender of cancellation or termination of insurance. If Grantor fails to keep the Property insured, Lender may obtain insurance to protect Lender's Interest in the Property and Grantor will pay for the Insurance on Lender's demand. Lender may demand that Grantor pay for the insurance all at once, or Lender may add the insurance premiums to the balance of the Secured Debts and charge interest on it at the rate that applies to the Secured Debts.. This insurance may include coverages not originally required of Grantor, may be written by a company other than one Grantor would choose, and may be written at a higher rate than Grantor could obtain if Grantor purchased the insurance. Grantor acknowledges and agrees that Lender or one of Lender's affiliates may receive commissions on the purchase of this insurance. 19. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds for taxes and insurance in escrow. 20. CO-SIGNERS, If Grantor signs this Security Instrument but is not otherwise obligated to pay the Secured Debts, Grantor does so only to convey Grantor's interest in the Property to secure payment of the Secured Debts and Grantor does not agree by signing this Security instrument to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from bringing any action or claim against Grantor or any party indebted under the obligation. These rights may include, but are not limited to, any anti -deficiency or one -action laws. 21. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor without any other formality than the designation in writing. The successor trustee, without conveyance of the Property, will succeed to all the title, power and duties conferred upon Trustee by this Security Instrument and applicable law. 22. USE OF PROPERTY. The real property conveyed by this Security Instrument is not used principally for agricultural purposes. 23. APPLICABLE LAW. This Security Instrument is governed by the laws of Washington, the United States of America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law. 24. JOiNT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security Instrument are independent of the obligations of any other Grantor. Lender may sue each Grantor individually or together with any other Grantor. Lender may release any part of the Property and Grantor will still be obligated under this Security Instrument for the remaining Property. If this Security Instrument secures a guaranty between Lender and MLexi, LLC Washington Deed Of Trust WA/4XXXdjohn00022000005848028120607Y 01998 Bankers Systems, inc.. St. cloud, MN EmOSr Page 9 2007121700' OT2-.M Grantor, Grantor agrees to waive any rights that may prevent Lender from bringing any action or claim against Grantor or any party indebted under the obligation. These rights may include, but are not limited to, any anti -deficiency or one -action laws. Grantor agrees that Lender and any parry to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Grantor's consent. Such a change will not release Grantor from the terms of this Security Instrument. The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of Lender and Grantor. 25. AMENDMENT, INTEGRATION AND SEVERABILFTY. This Security Instrument may not be amended or modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing and executed by Grantor and Lender. This Security instrument and any other documents relating to the Secured Debts are the complete and final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 26. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Security instrument. 27. NOTICE, FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING TAXES. Unless otherwise required by law, any notice will be given by delivering it or mailing it by both first class and either registered or certified mail, return receipt requested, to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Grantor will be deemed to be notice to all Grantors. Grantor will inform Lender in writing of any change in Grantor's name, address or other application information. Grantor will provide Lender any financial statements or information Lender requests. All financial statements and information Grantor gives Lender will be correct and complete. Grantor agrees to pay all expenses, charges and taxes in connection with the preparation and recording of this Security Instrument. Grantor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Grantor's obligations under this Security instrument and to confirm Lender's lien status on any Property, and Grantor agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof. Time is of the essence. 28. AGREEMENT TO ARBITRATE. Lender or Grantor may submit to binding arbitration any dispute, claim or other matter in question between or among Lender and Grantor that arises out of or relates to this Transaction (Dispute), except as otherwise indicated in this section or as Lender and Grantor agree to in writing. For purposes of this section, this Transaction includes this Security Instrument and any other document relating to the Secured Debts, and proposed loans or extensions of credit that relate to this Security Instrument. Lender or Grantor will not arbitrate any Dispute within any "core proceedings" under the United States bankruptcy laws. Lender and Grantor must consent to arbitrate any Dispute concerning the Secured Debt secured by real estate at the time of the proposed arbitration. Lender may foreclose or exercise any powers of sale against real property securing the Secured Debt underlying any Dispute before, during or after any arbitration. Lender may also enforce the Secured Debt secured by this real property and underlying the Dispute before, during or after any arbitration. Lender or Grantor may, whether or not any arbitration has begun, pursue any self-help or similar remedies, including taking property or exercising' other rights under the law; seek attachment, garnishment, receivership or other provisional remedies from a court having jurisdiction to preserve the rights of or to prevent irreparable injury to Lender or Grantor; or NikLD)d, LLC Washington Deed Of Trust WA/4XXXdjohn00022000006948026120607Y e1996 Bankers Systems, Inc.. St. Cloud, MN E.er " Page 10 foreclose against any property by any method or take legal action to recover any property. Foreclosing or exercising a power of sale, beginning and continuing a judicial action or pursuing self-help remedies will not constitute a waiver of the right to compel arbitration. The arbitrator will determine whether a Dispute is arbitrable. A single arbitrator will resolve any Dispute, whether individual or joint in nature, or whether based on contract, tort, or any other matter at law or in equity. The arbitrator may consolidate any Dispute with any related disputes, claims or other matters in question not arising out of this Transaction. Any court having jurisdiction may enter a judgment or decree on the arbitrator's award. The judgment or decree will be enforced as any other judgment or decree. Lender and Grantor acknowledge that the agreements, transactions or the relationships which result from the agreements or transactions between and among Lender and Grantor involve interstate commerce. The United States Arbitration Act will govern the interpretation and enforcement of this section. The American Arbitration Association's Commercial Arbitration Rules, in effect on the date of this Security instrument, will govern the selection of the arbitrator and the arbitration process, unless otherwise agreed to In this Security Instrument or another writing. 29. WAIVER OF TRIAL FOR ARBITRATION. Lender and Grantor understand that the parties have the right or opportunity to litigate any Dispute through a trial by judge or jury, but that the parties prefer to resolve Disputes through arbitration instead of litigation. If any Dispute is arbitrated, Lender and Grantor voluntarily and knowingly waive the right to have a trial bjr jury or judge during the arbitration. SIGNATURES. By signing, Grantor agrees to the terms and covenants contained in this Security Instrument. Grantor also acknowledges receipt of a copy of this Security Instrument, GRANTOR: E e Nelson lndi dua E[i�ab Ison IndAK90y ITLkLeA, LLC Washington Dyad Of Trust WA/4XXXdjohn00022000005848025120607Y 01296 Bankers Systems, Inc., St. Cloud. MN 6g5E?9" Page 11 12 ACKNOWLEDGMUiT. (Individual) _Z+cAr— OF Cau OF I certify that I know or have satisfactory evidence that Eugene C Nelson and Elizabeth A Nelson , is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument and acknowledged it to be a free and voluntary act for the uses and purposes mentioned in the instrument. Dated: [h otary Public In and for the St My appointment expires: Was in �on, r� a ding at) Nolmy PUNIC story or Woomi" Y Appa nh'rasnt Jul �3 ). 201Q REQUEST FOR RECONVEYANCE (Not to be completed until paid in full) TO TRUSTEE: The undersigned is the holder of the note or notes secured by this Security Instrument. Said note or notes, together with all other indebtedness secured by this Security Instrument, have been paid in full. You are hereby directed to cancel this Security Instrument, which is delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Security Instrument to the person or persons legally entitled thereto. (Authorized Lender Signature) !Date) MkLexi, LLC WmWngton Dead Of Trust WA14XXXdjohn00022000005WO26120007Y 01998 Bankers Systems, Inc.. St. Cloud, WN Ex�r Page 12 Pa C T. 18000 International Blvd. South, Suite 510 ° SeaTac, WA 98188 Stewart ' 206-770-8700 ♦ 888-896-1443 title _ Commercial division �o P� E-Fax Number. 206-770-6579 Title Officer: Robert B. Jackson Phone: (206) 770-8860 E-mail: gackson@stewart.com Fax: 206-802-9344 Title Officer: Don Peters Phone: (206) 770-8858 E-mail: dpeters@stewart.com Fax: 206-802-9344 Reference: NELSON Order Number: 200480513 FIFTH COMMITMENT SCHEDULE A 1. Effective Date: May 28, 2008 at 8:00 a.m. 2. Policy Or Policies To Be Issued: (X) ALTA OWNER'S POLICY, (6/17/06) Amount: TO BE DETERMINED (X) STANDARD ( ) EXTENDED Premium: COMMERCIAL RATE Tax: Total: $ 0.00 Proposed Insured: FEDERAL WAY VILLIAGE LLC, A WASHINGTON LIMITED LIABILITY COMPANY (X) ALTA EXTENDED LOAN POLICY, (6/17/06) Amount: TO BE DETERMINED SIMULTANEOUS ISSUE RATE Premium: Tax: Total: $ 0.00 Proposed Insured: TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE ESTATE 4. Title to said estate or interest in said land is at the effective date hereof vested in: E. CURTIS NELSON, ALSO APPEARING OF RECORD AS E. CURTIS NELSON, JR., AND ELIZABETH A.H. NELSON, HUSBAND AND WIFE 5. The land referred to in this commitment is described as follows: See Attached Legal Description Fite No.: 200480513 0043CG ALTA Commitment (6/17/06) — Schedule B I Page i of 9 cstew jo 0 9 2009 CITy OF FEDERAL WAY CDS Purported Address: 33905 PACIFIC HIGHWAY SOUTH FEDERAL WAY, WA 98003 File CG 20A Coma 7 stew ft 0043CG ALTA Commitment (6/17/06) - Schedule B I �r77 LV+ aa�,..�� Page 2 of 9 title guaranty company Exhibit A LEGAL DESCRIPTION File Number: 200480513 THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH 00' 09' 38" WEST ALONG THE EASTERLY LINE THEREOF, 877.49 FEET; THENCE NORTH 890 48' 55" WEST, 137.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 890 48' 55" WEST, 186.00 FEET; THENCE SOUTH 000 09' 38" WEST, 108.68 FEET; TO THE SOUTH LINE OF THE NORTH HALF OF SAID SUBDIVISION; THENCE SOUTH 890 48' 55" EAST, ALONG SAID SOUTH LINE, 163.00 FEET; THENCE SOUTH 00' 09' 38" WEST, 24.87 FEET; THENCE SOUTH 89' 48' 55" EAST, 86.26 FEET TO THE WESTERLY MARGIN OF PRIMARY STATE HIGHWAY NO. 1 (ALSO KNOWN AS U.S. HIGHWAY 99) THENCE ALONG SAID WESTERLY MARGIN ALONG A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 820 30' 57" WEST, 2,805.00 FEET DISTANT, THROUGH A CENTRAL ANGLE OF 000 33' 20", AN ARC DISTANCE OF 27.20 FEET; THENCE NORTH 890 48' 55" WEST, 56.73 FEET; THENCE NORTH 27' 56' 13" WEST, 20.98 FEET; THENCE NORTH 000 09' 38" EAST, 88.05 FEET TO THE TRUE POINT OF BEGINNING. (ALSO KNOWN AS PARCEL B OF CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. 99-0007, RECORDED UNDER RECORDING NO. 20000126900005) File NO.: 0043CG ALTA Commitment (6/17/06) -Schedule B ! steYaYt Page 3 of 9 -- title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part 1 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the public records. B. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not the matters described (i), (ii) & (iii) are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. C. Extended coverage exceptions, as follows: (1) Rights or claims of parties in possession not shown by the public records. (2) Easements, claims of easement or encumbrances which are not shown by the public records. (3) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises and which are not shown by the public records. (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. D. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer, water, electricity or other utilities, or for garbage collection and disposal. E. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. F. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government, or riparian rights, if any. File No.CG LTA Commitment ste ►� a 0043CG ALTA Commitment (6/17/06) - Schedule B t ►7 Lei Y Y E L Page 4 of 9 -title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part II The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record Note: Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. Format: Margins to be 3" on top of first page, 1" on sides and bottom, 1" on top, sides and bottom of each succeeding page. Font size of 8 points or larger and paper size of no more than 8'/" by 14". No attachments on pages such as stapled or taped notary seals, pressure seals must be smudged. Information which must appear on the first page: Title or titles of document. if assignment or reconveyance reference to auditor's file number or subject deed of trust. Names of grantor(s) and grantee(s) with reference to additional names on following page(s), if any. Abbreviated legal description (lot, block, plat name or section, township, range and quarter quarter section for unpiatted). Assessor's tax parcel number(s) Return address which may appear in the upper left hand 3" top margin SPECIAL EXCEPTIONS FOLLOW File CG 20A Coma Fesgl�!Yt 0043CG ALTA Commitment (6/17/06) - Schedule B l s7 ` V Y G.f L Page 5 of 9 title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I SPECIAL EXCEPTIONS LIEN OF THE REAL ESTATE EXCISE SALES TAX AND SURCHARGE UPON ANY SALE OF SAID PREMISES, IF UNPAID. AS OF THE DATE HEREIN, THE EXCISE TAX RATE FOR CITY OF FEDERAL WAY IS 1.78%. 2. DELETED 3. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: E. CURTIS NELSON, JR. AND ELIZABETH H. NELSON, HUSBAND AND WIFE TRUSTEE: FIRST AMERICAN TITLE COMPANY BENEFICIARY: WASHINGTON TRUST BANK AMOUNT: $182,000.00 DATED: SEPTEMBER 18, 2000 RECORDED: JANUARY 10, 2001 RECORDING NO.: 20010110000491 4. TERMS AND CONDITIONS OF NOTICE OF ADDITIONAL TAP OR CONNECTION CHARGES: RECORDED: JUNE 1, 1981 RECORDING NO.: 8106010916 5. TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN LOT LINE ADJUSTMENT: NO.: 99-0007 RECORDED: JANUARY 26, 2000 RECORDING NO.: 20000126900005 6. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: OCTOBER 27, 1992 RECORDING NO.: 9210272854 IN FAVOR OF: RICHARD A. LYONS FOR: INGRESS AND EGRESS AFFECTS: THE SOUTH 20 FEET OF THE NORTH 108.68 FEET 7. TERMS AND CONDITIONS OF RECIPROCAL EASEMENTS (DRIVEWAY AISLES) RECORDED: JANUARY 10, 2001 RECORDING NO.: 20010110000492 8. DELETED File r} 0043CG CG ALL.TA TA Comftmment (6I17/06) — Schedule B 1 �.r G.1 Page 6 of 9 Elie guaranty company 9. UNRECORDED LEASEHOLDS, IF ANY, RIGHTS OF VENDORS AND SECURITY AGREEMENT ON PERSONAL PROPERTY AND RIGHTS OF TENANTS, AND SECURED PARTIES TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. 10. DELETED 11. TERMS AND CONDITIONS OF CITY OF FEDERAL WAY ORDINANCE NO. 05-490 RECORDED: JUNE 24, 2005 RECORDING NO.: 20050624000627 12. THE COMPANY REQUIRES EXECUTION OF THE ENCLOSED COMMERCIAL AFFIDAVIT PRIOR TO CLOSING REGARDING UNRECORDED LEASEHOLDS, MECHANICS LIEN RIGHTS, PARTIES IN POSSESSION AND SURVEY MATTERS. FURTHER REQUIREMENTS, IF ANY, WILL FOLLOW BY SUPPLEMENTAL REPORT UPON REVIEW OF THE SAME. 13. (DELETED) 14. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH. THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31ST. YEAR: 2008 AMOUNT BILLED: $3,059.76 AMOUNT PAID: $1,529.88 AMOUNT DUE: $1,529.88, PLUS INTEREST AND PENALTY, IF DELINQUENT LEVY CODE: 1205 TAX ACCOUNT NO.: 202104-9090-09 ASSESSED VALUATION: LAND: $158,400.00 IMPROVEMENTS: $114,300.00 15. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: EUGENE C. NELSON AND ELIZABETH A. NELSON TRUSTEE: OLD REPUBLIC TITLE BENEFICIARY: NUMBERICA CREDIT UNION AMOUNT: $1,100,000.00 DATED: DECEMBER 7, 2007 RECORDED: DECEMBER 17, 2007 RECORDING NO.: 20071217001012 16. EVIDENCE OF THE AUTHORITY OF THE INDIVIDUAL(S) TO EXECUTE THE FORTHCOMING DOCUMENT FOR FEDERAL WAY VILLIAGE LLC, A WASHINGTON LIMITED LIABILITY COMPANY, COPIES OF THE CURRENT OPERATING AGREEMENT SHOULD BE SUBMITTED PRIOR TO CLOSING. END OF SPECIAL EXCEPTIONS File No.: 200480513 0043CG ALTA Commitment (6/17106) — Schedule B 1 Page 7 of 9 steWart titie guaranty company NOTES: NOTE A: SO THAT WE MAY COMPLY WITH ALL LENDER REQUIREMENTS AND ENDORSEMENTS, PLEASE ENCLOSE A COMPLETE COPY OF THE LENDER'S INSTRUCTIONS WITH THE RECORDING PACKAGE. ALL KING COUNTY PACKAGES NOT USING AN EXCISE FORM ARE NOW RECORDED ELECTRONICALLY. PLEASE ADD $4.00 TO THE RECORDING FEE FOR EACH ELECTRONICALLY RECORDED DOCUMENT. IN ORDER TO ASSURE TIMELY RECORDING ALL RECORDING PACKAGES SHOULD BE SENT TO: STEWART TITLE 18000 INTERNATIONAL BLVD., SUITE 510 SEATAC, WASHINGTON 98188 ATTN: RECORDER NOTE B: THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF NECESSARY TO MEET STANDARDIZATION REQUIREMENTS. THE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOCUMENT(S) TO BE INSURED. PARCEL B OF C/FED. WY. BLA NO. 99-0007, REC. NO. 20000126900005 NOTE C: THE SITUS ADDRESS OF THE PROPERTY HEREIN DESCRIBED IS: 33905 PACIFIC HIGHWAY SOUTH FEDERAL WAY, WASHINGTON 98003 NOTE D: GENERAL TAXES FOR THE YEAR 2007 WHICH HAVE BEEN PAID. AMOUNT: $2,952.41 LEVY CODE: 1205 TAX ACCOUNT NO.: 202104-9090-09 ASSESSED VALUATION: LAND: $135,800.00 IMPROVEMENTS: $106,600.00 NOTE: KING COUNTY TREASURER, 500 4T" AVENUE, 6T" FLOOR ADMIN. BLDG., SEATTLE, WA 98104 (206) 296-7300 WEB ADDRESS: http:/Iwebapp.metrokc.gov/KCTaxinfo/. PS File �+'� ► /� ■ t 0043CG CG ALTA LTA Commitment mitment (6/17106) — Schedule B I Y Y Page 8 of 9 title guaranty company Copies to: WESTLAKE ASSOCIATES, INC. 2810 EASTLAKE AVENUE EAST SEATTLE, WA 98102 ATTENTION: RICHARD BORSINI STEWART TITLE/NTS-SEATTLE 1000 2nd AVENUE, SUITE 1620 SEATTLE, WA 98104 ATTENTION: CHARLENE BAGAASON File No.: 200480513 0043CG ALTA Commitment (6/ 17106) — Schedule B I Page 9 of 9 bbe� guaranty EF �ste ca L STEWART TITLE OF WASHINGTON Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of STEWART TITLE OF WASHINGTON We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions We secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non -financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. COMMITMENT FOR TITLE INSURANCE Issued by stewart title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and sea[ to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: stew'+ . We gunrardy company Senior Chairman oft a Board ev, Authorized Countersignature _ � Stewart Title Seattlesr:�kio Chairman of the Board Company x�r SEATAC, Washington City, State President 004-UN ALTA Commitment (6117/06) File No.: 200480513 CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shalt disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment_ In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title_ Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated of the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< htt :I/www.alfa.o h. rstewart title guaranty tY company p Y All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. St�'Wc�rt �9� Y P 4 oNt r title - commercial division Title Officer: Robert B. Jackson Title Officer: Don Peters Reference: CARSON 18000 International Blvd. South, Suite 510 SeaTac, WA 98188 206-770-8700 ♦ 888-896-1443 E-Fax Number: 206-770-6579 Phone: (206) 770-8860 Fax: 206-802-9344 Phone: (206) 770-8858 Fax: 206-802-9344 FIFTH COMMITMENT SCHEDULE A 9. Effective Date: May 28, 2008 at 8:00 a.m. 2. Policy Or Policies To Be Issued: E-mail: gackson@stewart.com E-mail: dpeters@stewart.com Order Number: 200480514 (X) ALTA OWNER'S POLICY, (6117/06) Amount: TO BE DETERMINED (X) STANDARD ( ) EXTENDED Premium: COMMERCIAL RATE Tax: Total: $ 0.00 Proposed Insured: FEDERAL WAY VILLAGE LLC, A WASHINGTON LIMITED LIABILITY COMPANY (X ) ALTA EXTENDED LOAN POLICY, (6117/06) Amount: TO BE DETERMINED SIMULTANEOUS ISSUE RATE Premium: Tax: Total: $ 0.00 Proposed Insured: TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE ESTATE 4. Title to said estate or interest in said land is at the effective date hereof vested in: RICHARD L. CARSON PRSUMPTIVLEY SUBJECT TO THE COMMUNITY INTEREST OF HIS SPOUSE LINDA D. CARSON 5. The land referred to in this commitment is described as follows: See Attached Legal Description File No.: 200480514 0043CG ALTA Commitment (6/17106) — Schedule B Page 1 of 10 �uN U 9 2008 CIN OF FEDERAL W AY CDs Purported Address: 33903 PACIFIC HIGHWAY SOUTH FEDERAL WAY, WA 98003 File No.CG LTA Commitment ska � ■ram ft Q043CG ALTA Commitment (6/17/06) - Schedule B I 1��/� ` Page 2 of 10 title guaranty company Exhibit A LEGAL DESCRIPTION File Number: 200480514 THAT PORTION OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH 000 09' 38" WEST ALONG THE EASTERLY LINE THEREOF, 877.49 FEET; THENCE NORTH 890 48' 55" WEST 59.80 FEET TO THE WEST BOUNDARY OF PRIMARY STATE HIGHWAY NO. 1 (ALSO KNOWN AS U.S. HIGHWAY 99) AND THE TRUE POINT OF BEGINNING; THENCE CONTINUE NORTH 890 48' 55° WEST, 77.20 FEET; THENCE SOUTH 000 09' 38" WEST, 88.05 FEET; THENCE SOUTH 270 56' 13" EAST, 20.98 FEET; THENCE SOUTH 890 48' 55n EAST, 56.73 FEET, TO THE WESTERLY MARGIN OF SAID PRIMARY STATE HIGHWAY NO. 1; THENCE NORTHERLY ALONG SAID WEST MARGIN, ALONG A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 830 04' 17" WEST, 2805.00 FEET DISTANT, THROUGH A CENTRAL ANGLE OF 020 11' 14", AN ARC DISTANCE OF 107.08 FEET TO THE TRUE POINT OF BEGINNING. (SAID PROPERTY IS ALSO KNOWN AS PARCEL A OF CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. BLA 99-0007, RECORDING NO. 20000126900005) File No.CG 20A Como 7s}e� A /c 0043CG ALTA Commitment (6l17/06) - Schedule B I ` Y ►1 r�,.�� L Page 3 of 10 fte guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part 1 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the public records. B. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not the matters described (i), (ii) & (iii) are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. C. Extended coverage exceptions, as follows: (1) Rights or claims of parties in possession not shown by the public records. (2) Easements, claims of easement or encumbrances which are not shown by the public records. (3) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises and which are not shown by the public records. (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. D. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer, water, electricity or other utilities, or for garbage collection and disposal. E. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. F. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government, or riparian rights, if any. File NO.: �L+�}p► A ■� rt 0043CG ALTA LTA Commitment mitment (6l17/06) —Schedule B f 9 title uerarit eampArry Page 4 of 10 Y COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part II The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record Note: Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. Format: Margins to be 3" on top of first page, 1" on sides and bottom, 1" on top, sides and bottom of each succeeding page. Font size of 8 points or larger and paper size of no more than 8'/z" by 14". No attachments on pages such as stapled or taped notary seals, pressure seals must be smudged. Information which must appear on the first page: Title or titles of document. if assignment or reconveyance reference to auditor's file number or subject deed of trust. Names of grantor(s) and grantee(s) with reference to additional names on following page(s), if any. Abbreviated legal description (lot, block, plat name or section, township, range and quarter quarter section for unplatted). Assessor's tax parcel number(s) Return address which may appear in the upper left hand 3" top margin SPECIAL EXCEPTIONS FOLLOW File } 0043CG CG ALTA LTA Commitment mitment (6/17/06) — Schedule B I L�"i Y V Page 5 of 10 t1tle guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I SPECIAL EXCEPTIONS LIEN OF THE REAL ESTATE EXCISE SALES TAX AND SURCHARGE UPON ANY SALE OF SAID PREMISES, IF UNPAID. AS OF THE DATE HEREIN, THE EXCISE TAX RATE FOR CITY OF FEDERAL WAY IS 1.78%. 2. DELETED 3. DELETED 4. DELETED 5. DELETED 6. TERMS AND CONDITIONS OF NOTICE OF ADDITIONAL TAP OR CONNECTION CHARGES: RECORDED: JUNE 1, 1981 RECORDING NO.: 8106010916 7. TERMS AND CONDITIONS OF RECIPROCAL EASEMENTS (DRIVEWAY AISLES) RECORDED: JANUARY 10, 2001 RECORDING NO.: 20010110000492 BETWEEN: RICHARD L. CARSON AND LINDA D. CARSON AND: E. CURTIS NELSON AND ELIZABETH A. H. NELSON 8. TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN LOT LINE ADJUSTMENT: NO.: BLA99-0007 RECORDED: JANUARY 26, 2000 RECORDING NO.: 20000116900005 9. UNRECORDED LEASEHOLDS, IF ANY, RIGHTS OF VENDORS AND SECURITY AGREEMENT ON PERSONAL PROPERTY AND RIGHTS OF TENANTS, AND SECURED PARTIES TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. 10. DELETED 11. DELETED 12. DELETED File No.CG LTA Commitment F- ste A aft 0043CG ALTA Comm'ttrnent (6/17/06) — Schedule B 1 stewaft Page 6 of 10 title guaranty company �1 13. DELETED 14. TERMS AND CONDITIONS OF CITY OF FEDERAL WAY ORDINANCE NO. 05-490 RECORDED: JUNE 24, 2005 RECORDING NO.: 20050624000628 15. THE COMPANY REQUIRES EXECUTION OF THE ENCLOSED COMMERCIAL AFFIDAVIT PRIOR TO CLOSING REGARDING UNRECORDED LEASEHOLDS, MECHANICS LIEN RIGHTS, PARTIES IN POSSESSION AND SURVEY MATTERS. FURTHER REQUIREMENTS, IF ANY, WILL FOLLOW BY SUPPLEMENTAL REPORT UPON REVIEW OF THE SAME. 16. DELINQUENT GENERAL TAXES. YEAR: 2005 AMOUNT BILLED: $4,907.36 AMOUNT PAID: $2,453.68 AMOUNT DUE: $2,453.68, PLUS INTEREST AND PENALTY LEVY CODE: 1205 TAX ACCOUNT NO.: 202104-9086-05 17. DELINQUENT GENERAL TAXES. YEAR: 2006 AMOUNT BILLED: $4,775.96 AMOUNT PAID: $ 0.00 AMOUNT DUE: $4,775.96, PLUS INTEREST AND PENALTY LEVY CODE: 1205 TAX ACCOUNT NO.: 202104-9086-05 18. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH, THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31ST. YEAR: 2007 AMOUNT BILLED: $5,092.10 AMOUNT PAID: $ 0.00 AMOUNT DUE: $5,092.10, PLUS INTEREST AND PENALTY, IF DELINQUENT LEVY CODE: 1205 TAX ACCOUNT NO.: 202104-9086-05 ASSESSED VALUATION: LAND: $ 45,600.00 IMPROVEMENTS: $3593500.00 NOTE: KING COUNTY TREASURER, 500 4T" AVENUE, CH FLOOR ADMIN. BLDG., SEATTLE, WA 98104 (206) 296-7300 WEB ADDRESS: http:/twebapp.metrokc.gov/KCTaxinfo/. 19. DELETED File ��+� � A ►� t 0043CG CG ALTA LTA Commitment mitment (6/57106)— Schedule B I �7 Y Y�.�Y Page 7 of 10 title guaranty company 20. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30'H. THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31sF YEAR: 2008 AMOUNT BILLED: $5,569.06 AMOUNT PAID: $ 0.00 AMOUNT DUE: $5,569.06, PLUS INTEREST AND PENALTY, IF DELINQUENT LEVY CODE: 1205 TAX ACCOUNT NO.: 202104-9086-05 ASSESSED VALUATION: LAND: $ 53,200.00 IMPROVEMENTS: $402,500.00 21. DELINQUENT TAXES MAY BE SUBJECT TO FORECLOSURE PROCEEDINGS BY KING COUNTY. ADDITIONAL AMOUNTS MAY ALSO BE OWING IN CONNECTION WITH THE FORECLOSURE PROCESS. 22. EVIDENCE OF THE AUTHORITY OF THE INDIVIDUAL(S) TO EXECUTE THE FORTHCOMING DOCUMENT FOR FEDERAL WAY VILLIAGE LLC, A WASHINGTON LIMITED LIABILITY COMPANY, COPIES OF THE CURRENT OPERATING AGREEMENT SHOULD BE SUBMITTED PRIOR TO CLOSING. 23. PENDING ACTION IN KING COUNTY SUPERIOR COURT, BEING AN ACTION FOR DISSOLUTION OF MARRIAGE: CAUSE NO.: 07-3-08265-8 SEA PETITIONER: RICHARD L. CARSON RESPONDENT: LINDA D. CARSON PETITIONER'S ATTORNEY: WILLIAM LAY KINZEL RESPONDENT'S ATTORNEY: DEMUND PETER ALLEN END OF SPECIAL EXCEPTIONS File ]art 0043CG CG ALTA LTA Commitment mitment (6/17/06) — Schedule B l �7 `�iY Yam,[ Page 8 of 10 title guaranty company NOTES: NOTE A: SO THAT WE MAY COMPLY WITH ALL LENDER REQUIREMENTS AND ENDORSEMENTS, PLEASE ENCLOSE A COMPLETE COPY OF THE LENDER'S INSTRUCTIONS WITH THE RECORDING PACKAGE. ALL KING COUNTY PACKAGES NOT USING AN EXCISE FORM ARE NOW RECORDED ELECTRONICALLY. PLEASE ADD $4.00 TO THE RECORDING FEE FOR EACH ELECTRONICALLY RECORDED DOCUMENT. IN ORDER TO ASSURE TIMELY RECORDING ALL RECORDING PACKAGES SHOULD BE SENT TO: STEWART TITLE 18000 INTERNATIONAL BLVD., SUITE 510 SEATAC, WASHINGTON 98188 ATTN: RECORDER NOTE B: THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF NECESSARY TO MEET STANDARDIZATION REQUIREMENTS. THE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOCUMENT(S) TO BE INSURED. PARCEL A, C/FED WY. BLA. NO. BLA 99-0007, REC. NO.20000126900005 NOTE C: THE SITUS ADDRESS OF THE PROPERTY HEREIN DESCRIBED IS: 33903 PACIFIC HIGHWAY SOUTH FEDERAL WAY, WASHINGTON 98003 PS File No.: 200480514 � q� Yi�Y t 0043CG ALTA Commitment (6/17106) — Schedule B I Page 9 of 10 title guaranty company Copies to: STEWART TITLE/NTS-SEATTLE 1000 2nd AVENUE, SUITE 1620 SEATTLE, WA 98104 ATTENTION: CHARLENE BAGAASON WESTLAKE ASSOCIATES, INC. 2810 EASTLAKE AVENUE EAST SEATTLE, WA 98102 ATTENTION: RICHARD BORSINI File CG 2004Com :Ao le 'a ft 0043CG ALTA Commitment (6/17/06) - Schedule B 1 L�. L+ x r �..aa L Page 10 of 10 Utie guaranty company COMMITMENT FOR TITLE INSURANCE Issued by stewco,mrt title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall_ issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A Countersigned by:'t j/qf lisle guaranty C-riper'+Y- �! Senior Chairman oft a Board Authorized Countersignature,-�: Stewart Title Seattle �r�aji9L{1' fF;_:o *Chairman of the Board Company , 4 Y VY'• SEATAC, Washington City, State President 004-UN ALTA Commitment (6/17/06) File No.: 200480514 CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment_ In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000, 000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http:1Avww. alta. orgL>. �-stewart title guaranty tY company p Y All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law_ We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non -financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. �C*, Stewart xa� OryY e title - commercial division Title Officer: Robert B. Jackson Title Officer: Don Peters Reference: JONES 18000 International Blvd. South, Suite 510 SeaTac, WA 98188 206-770-8700 ♦ 888-896-1443 E-Fax Number: 206-770-6579 Phone: (206) 770-8860 Fax 206-802-9344 Phone: (206) 770-8858 Fax: 206-802-9344 FIFTH COMMITMENT SCHEDULE A 1. Effective Date: May 28, 2008 at 8:00 a.m 2. Policy Or Policies To Be Issued: E-mail: gackson@stewart.com E-mail: dpeters@stewart.com Order Number: 200480516 (X) ALTA OWNER'S POLICY, (6117/06) Amount: TO BE DETERMINED (-X) STANDARD ( ) EXTENDED Premium: COMMERCIAL RATE Tax: Total: $ 0.00 Proposed Insured: FEDERAL WAY VILLAGE LLC, A WASHINGTON LIMITED LIABILITY COMPANY (X) ALTA EXTENDED LOAN POLICY, (6/17106) Amount: TO BE DETERMINED SIMULTANEOUS ISSUE RATE Premium: Tax: Total: $ 0.00 Proposed Insured: TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein Is: FEE SIMPLE ESTATE 4. Title to said estate or interest in said land is at the effective date hereof vested in: RALPH O. JONES, JR., AS HIS SEPARATE ESTATE 5. The land referred to in this commitment is described as follows: See Attached Legal Description File No.: 200480516 0043CG ALTA Commitment (6/17106) — Schedule B Pagel of 8 btlegue Stewart INS-- �� juji U 9 Zon CITY OF FEDERAL WAY Purported Address: 34010 PACIFIC HIGHWAY SOUTH FEDERAL WAY, WA 98003 File No.: 20MO516 0043CG ALTA Commitment (6/17/06) — Schedule B I Page 2 of 8 FsteWarL --title guaranty company Exhibit A LEGAL DESCRIPTION File Number: 200480516 THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY BOUNDARY OF PRIMARY STATE ROAD NO. 1 AS THE SAME EXISTED PRIOR TO JULY 29, 1947, WITH THE SOUTHERLY LINE OF SAID SUBDIVISION, AND RUNNING THENCE NORTHEASTERLY, ALONG SAID PRIOR BOUNDARY LINE, 30 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE WESTERLY, PARALLEL TO THE SOUTHERLY LINE OF SAID SUBDIVISION 200 FEET; THENCE NORTH 00 10' 12" EAST TO THE NORTHERLY LINE OF SAID SUBDIVISION; THENCE EASTERLY, ALONG SAID NORTHERLY LINE, TO SAID PRIOR WESTERLY BOUNDARY OF STATE ROAD NO. 1; THENCE SOUTHERLY, ALONG SAID WESTERLY BOUNDARY, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION OF THE NORTH 25 FEET THEREOF, LYING EAST OF A LINE DRAWN SOUTH 0° 37' 02" EAST FROM A POINT ON THE NORTH LINE OF SAID SUBDIVISION WHICH IS SOUTH 890 27' 02" WEST 100 FEET FROM THE WESTERLY LINE OF PRIMARY STATE ROAD NO. 1 AS CONVEYED TO THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER RECORDING NO'S. 3706374 AND 3722663, IN KING COUNTY, WASHINGTON; ALSO EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR HIGHWAY PURPOSES BY DEED RECORD IN VOLUME 2663 OF DEED ON PAGE 127, RECORDS OF SAID COUNTY, IN KING COUNTY, WASHINGTON. File CG LTA Commitment �'+�tewcq" t 0043CG ALTA Commitment (6/17/06) - Schedule B [ w7 r ►� a.+ai Page 3 of 8 title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the public records. B. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not the matters described (i), (ii) & (iii) are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. C_ Extended coverage exceptions, as follows: (1) Rights or claims of parties in possession not shown by the public records. (2) Easements, claims of easement or encumbrances which are not shown by the public records. (3) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises and which are not shown by the public records. (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. D. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer, water, electricity or other utilities, or for garbage collection and disposal. E. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment- F. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government, or riparian rights, if any. File No.: 200480516 stewcart t 0043CG ALTA Commitment (6/17106) — Schedule B I V IitEe guaranty ry nty campar Page 4 of 8 COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part 11 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record Note: Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. Format: Margins to be 3" on top of first page, 1" on sides and bottom, 1" on top, sides and bottom of each succeeding page. Font size of 8 points or larger and paper size of no more than 8'/2" by 14". No attachments on pages such as stapled or taped notary seals, pressure seals must be smudged. Information which must appear on the first page. - Title or titles of document. if assignment or reconveyance reference to auditor's file number or subject deed of trust. Names of grantor(s) and grantee(s) with reference to additional names on following page(s), if any. Abbreviated legal description (lot, block, plat name or section, township, range and quarter quarter section for unplatted). Assessor's tax parcel number(s) Return address which may appear in the upper left hand 3" top margin SPECIAL EXCEPTIONS FOLLOW File 200480516ste A l�t 0043CG CG ALTA Commitment (6/17/06) - Schedule B I 1�/ Y Page 5 of 8 -title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I SPECIAL EXCEPTIONS LIEN OF THE REAL ESTATE EXCISE SALES TAX AND SURCHARGE UPON ANY SALE OF SAID PREMISES, IF UNPAID. AS OF THE DATE HEREIN, THE EXCISE TAX RATE FOR CITY OF FEDERAL WAY IS 1.78%. 2. TERMS AND CONDITIONS OF NOTICE OF ADDITIONAL TAP OR CONNECTION CHARGES: RECORDED: JUNE 1, 1981 RECORDING NO.: 8106010916 3. UNRECORDED LEASEHOLDS AND RIGHTS OF TENANTS, IF ANY. 4. DELETED 5. TERMS AND CONDITIONS OF CITY OF FEDERAL WAY ORDINANCE NO. 05-490 RECORDED: JUNE 24, 2005 RECORDING NO.: 20050624000629 6. THE COMPANY REQUIRES EXECUTION OF THE ENCLOSED COMMERCIAL AFFIDAVIT PRIOR TO CLOSING REGARDING UNRECORDED LEASEHOLDS, MECHANICS LIEN RIGHTS, PARTIES IN POSSESSION AND SURVEY MATTERS. FURTHER REQUIREMENTS, IF ANY, WILL FOLLOW BY SUPPLEMENTAL REPORT UPON REVIEW OF THE SAME. 7. EVIDENCE OF THE AUTHORITY OF THE INDIVIDUAL(S) TO EXECUTE THE FORTHCOMING DOCUMENT FOR FEDERAL WAY VILLAGE LLC, A WASHINGTON LIMITED LIABILITY COMPANY, COPIES OF THE CURRENT OPERATING AGREEMENT SHOULD BE SUBMITTED PRIOR TO CLOSING. END OF SPECIAL EXCEPTIONS File 200480516�L�'�'Q� A ■� �^t 00430G CG ALTA Commitment (6/97/06) - Schedule B I �7 LG Y YL� Page 6 of 8 title guaranty company NOTES: NOTE A: SO THAT WE MAY COMPLY WITH ALL LENDER REQUIREMENTS AND ENDORSEMENTS, PLEASE ENCLOSE A COMPLETE COPY OF THE LENDER'S INSTRUCTIONS WITH THE RECORDING PACKAGE. ALL KING COUNTY PACKAGES NOT USING AN EXCISE FORM ARE NOW RECORDED ELECTRONICALLY. PLEASE ADD $4.00 TO THE RECORDING FEE FOR EACH ELECTRONICALLY RECORDED DOCUMENT. IN ORDER TO ASSURE TIMELY RECORDING ALL RECORDING PACKAGES SHOULD BE SENT TO: STEWART TITLE 18000 INTERNATIONAL BLVD., SUITE 510 SEATAC, WASHINGTON 98188 ATTN: RECORDER NOTE B: THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF NECESSARY TO MEET STANDARDIZATION REQUIREMENTS. THE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOCUMENT(S) TO BE INSURED. PTN. OF THE NE1/4-NE1/4 OF 20-21-4 EAST, W.M. NOTE C: THE SITUS ADDRESS OF THE PROPERTY HEREIN DESCRIBED IS: 34010 PACIFIC HIGHWAY SOUTH FEDERAL WAY, WASHINGTON 98003 NOTE D: GENERAL TAXES FOR THE YEAR 2007 WHICH HAVE BEEN PAID. AMOUNT: $3,719.87 LEVY CODE: 1205 TAX ACCOUNT NO.: 202104-9080-01 ASSESSED VALUATION: LAND: $326,700.00 IMPROVEMENTS: $ 0.00 NOTE *: GENERAL TAXES FOR THE YEAR 2008 WHICH HAVE BEEN PAID. AMOUNT: $3,649.25 LEVY CODE: 1205 TAX ACCOUNT NO.: 202104-9080-01 ASSESSED VALUATION: LAND: $392,000.00 IMPROVEMENTS: $ 0.00 PS File �L+�Q► /l ►� Yt 516 We uara 0043CG CG ALTA LTA Commitment mitment (6117106) — Schedule B 1 Y company Page 7 of 8 �' Copies to: STEWART TITLE/NTS-SEATTLE 1000 2nd AVENUE, SUITE 1620 SEATTLE, WA 98104 ATTENTION: CHARLENE BAGAASON WESTLAKE ASSOCIATES, INC. 2810 EASTLAKE AVENUE EAST SEATTLE, WA 98102 ATTENTION: RICHARD BORSINI File NO.: o _ stews +�� "'t 0043CG ALTA200480516 LTA Commitment (6/17/06) - Schedule B I ! �- Page 8 of 8 title guaranty company COMMITMENT FOR TITLE INSURANCE Issued by Stewart title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company'), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to br affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: dewy^ �t lLo guaranty Company Senior Chairman of f e Board Authorized Countersignature*� �y� �" . � Stewart Title Seattle ,��' <'' •• • � . n�; i� COIIIPany Chairman of the Board .Q�_ ..,. �y�.�r -rFy7G'Ax � SEATAC, Washington City, State President 004-UN ALTA Commitment (6/17/06) File No.: 200480516 CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< httr3:IA44m.alta_o . 7S ewar title guaranty tY company p Y All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title Insurance Company, Arkansas Title Insurance Company, Charter Land Title insurance Company. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company. We may collect nonpublic personal information about you from the following sources: ■ Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance_ • Non -financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 18000 International Blvd. South, Suite 510 SeaTac, WA 98188 �Q Vwcqrt 206-770-8700 ♦ 888-896-1443 title - commercial division E-Fax Number: 206-770-6579 Title Officer: Robert B. Jackson Phone: (206) 770-8860 E-mail: gackson@stewart.com Fax: 206-802-9344 Title Officer: Don Peters Phone: (206) 770-8858 E-mail: dpeters@stewartcom Fax: 206-802-9344 Reference: CAMPUS GATEWAY ASSOCIATES/FEDERAL WAY Order Number: 200480510 VILLAGE, LLC FIFTH COMMITMENT SCHEDULE A 1. Effective Date: May 28, 2008 at 8:00 a.m. 2. Policy Or Policies To Be Issued: _ (X) ALTA OWNER'S POLICY, (6/17/06) Amount: TO BE DETERMINED (X) STANDARD ( ) EXTENDED Premium: COMMERCIAL RATE Tax: Total: $ 0.00 Proposed Insured: FEDERAL WAY VILLAGE LLC, A WASHINGTON LIMITED LIABILITY COMPANY (X) ALTA EXTENDED LOAN POLICY, (6117106) Amount: TO BE DETERMINED SIMULTANEOUS ISSUE RATE Premium: Tax: Total: $ 0.00 Proposed Insured: TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE ESTATE 4. Title to said estate or interest in said land is at the effective date hereof vested in: CAMPUS GATEWAY ASSOCIATES, L.P., A WASHINGTON LIMITED PARTNERSHIP 5. The land referred to in this commitment is described as follows: See Attached Legal Description File No.: 200480510 0043CG ALTA Commitment (6/17106) — Schedule B I Page 1 of 11 e tr z mp 3uN 0 9 2008 C'M OF FCDSRAL WAY Purported Address: 33701 PACIFIC HIGHWAY SOUTH FEDERAL WAY, WA 98003 File CG LTA Co 10 ste A ►wt 0043CG ALTA Commitment (6/17106) - Schedule B t �7�r Y Y Page 2 of 11 tine guaranty company Exhibit A LEGAL DESCRIPTION File Number; 200480510 THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 300.00 FEET THEREOF; AND EXCEPT THE NORTH 42 FEET THEREOF CONVEYED FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 7410030037; TOGETHER WITH THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET THEREOF CONVEYED FOR ROAD BY DEED RECORDED UNDER RECORDING NO.7410030037; AND EXCEPT THAT PORTION LYING WESTERLY OF PRIMARY STATE HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH) AS CONVEYED BY DEEDS RECORDED UNDER RECORDING NOS. 1778234 AND 3715474; AND EXCEPT THE EAST 223.6 FEET OF THE PORTION OF THE SOUTH 223.6 FEET OF THE NORTH 265.6 FEET OF THE EAST 319 FEET OF THE NORTH HALF OF THE -_NORTHEAST -QUARTER OF SECTION 20,-TOWNSHIP 2-1-NORTH; RANGE- EAST,-W:M:;-- LYING WESTERLY OF PRIMARY STATE HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH) AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 1778234, (SAID "EXCEPTED" PARCEL ALSO BEING KNOWN AS AN UNIDENTIFIED LOT IN KC BLA 8810007, RECORDED UNDER KING COUNTY RECORDING NO. 8812200807); ALSO EXCEPT THAT PORTION CONVEYED TO THE CITY OF FEDERAL WAY BY DEED RECORDED UNDER RECORDING NO. 20020926001701; (SAID PARCEL IS ALSO KNOWN AS LOT 2 OF CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. BLA 00-105818-000-00-SU, RECORDED UNDER RECORDING NO. 20010802900007, IN KING COUNTY, WASHINGTON.) File No.: 0043CG ALTA Commitment (6/17/06) — Schedule B I r-s eYWt Page 3 of 11 title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the public records. B. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not the matters described (i), (ii) & (iii) are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. C. Extended coverage exceptions, as follows: (1) Rights or claims of parties in possession not shown by the public records. (2) Easements, claims of easement or encumbrances which are not shown by the public records. (3) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises and which are not shown by the public records. --(4)---Any-lien; or-right-to--a-lien;-for services,-laboror material heretofore-orhereafter-furnished-,- imposed by law and not shown by the public records. D. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer, water, electricity or other utilities, or for garbage collection and disposal. E. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. F_ Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government, or riparian rights, if any. File No.: 200480510 0043CG ALTA Commitment (6/17/06) -- Schedule B I Page 4 of 11 rs LGWGft title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part II The following are the requirements to be compiled with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record Note: Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. Format: Margins to be 3" on top of first page, 1" on sides and bottom, 1" on top, sides and bottom of each succeeding page. Font size of 8 points or larger and paper size of no more than 8'/2" by 14". No attachments on pages such as stapled or taped notary seals, pressure seals must be smudged. Information which must appear on the first page: Title or titles of document. if assignment or reconveyance reference to auditor's file number or subject deed of trust. Names of grantor(s) and grantee(s) with reference to additional names on following page(s), if any. Abbreviated legal description (lot, block, plat name or section, township, range and quarter quarter section for unplatted)_ Assessor's tax parcel number(s) Return address which may appear in the upper left hand 3" top margin SPECIAL EXCEPTIONS FOLLOW File No.CG LTA commitment ste /� ■ f} 0043CG ALTA Commitment (ti/17/06) - Schedule B I �7 L Y Y L Page 5 of 11 tine guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I SPECIAL EXCEPTIONS LIEN OF THE REAL ESTATE EXCISE SALES TAX AND SURCHARGE UPON ANY SALE OF SAID PREMISES, IF UNPAID. AS OF THE DATE HEREIN, THE EXCISE TAX RATE FOR CITY OF FEDERAL WAY IS 1.78%. 2. DELETED 3. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: CAMPUS GATEWAY ASSOCIATES, A WASHINGTON LIMITED PARTNERSHIP TRUSTEE: CHICAGO TITLE INSURANCE CO. BENEFICIARY: THE CITY OF FEDERAL WAY, WASHINGTON AMOUNT: $60,000.00 DATED: JUNE 17, 1996 RECORDED: APRIL 21, 1997 RECORDING NO.: 9704211045 4. TERMS, CONDITIONS, PROVISIONS AND STIPULATIONS OF THE PARTNERSHIP AGREEMENT OF CAMPUS GATEWAY ASSOCIATES, L.P., A WASHINGTON LIMITED PARTNERSHIP, A COPY OF THE CERTIFICATE OF AGREEMENT AND ALL AMENDMENTS WHICH ARE PROPERLY FILED WITH THE SECRETARY OF STATE MUST BE SUBMITTED PRIOR TO CLOSING. ANY CONVEYANCE OR ENCUMBRANCE OF PARTNERSHIP PROPERTY MUST BE EXECUTED BY ALL OF THE GENERAL PARTNERS. NOTE: IF THE PROPOSED TRANSACTION INVOLVES A SALE OF ALL OR SUBSTANTIALLY ALL OF THE PARTNERSHIPS ASSETS, THE WRITTEN CONSENT OF ALL OF THE LIMITED PARTNERS SHOULD BE SUBMITTED, PRIOR TO CLOSING_ 5. TERMS AND CONDITIONS OF SETTLEMENT AGREEMENT AND COVENANT RECORDED: APRIL 21, 1997 RECORDING NO.: 9704211043 File No.CG LTA Commitment t 0043CG ALTA Commitment (6/17/06) — Schedule B I �aPage 6 of 11 title guaranty comp TEMPORARY CONSTRUCTION EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: APRIL 22, 1997 RECORDING NO.: 9704221245 IN FAVOR OF: CITY OF FEDERAL WAY FOR: CONSTRUCTING A MANHOLE AND RELATED FACILITIES AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 7. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: APRIL 22, 1997 RECORDING NO.: 9704221246 IN FAVOR OF: CITY OF FEDERAL WAY FOR: MANHOLE AND RELATED FACILITIES AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 8. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: APRIL 22, 1997 RECORDING NO.: 9704221247 IN FAVOR OF: CITY OF FEDERAL WAY FOR: WETLANDS, STREAM AND BUFFERS AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 9_ EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: APRIL 22, 1997 RECORDING NO.: 9704221248 IN FAVOR OF: CITY OF FEDERAL WAY FOR: ACCESS MAINTENANCE ROAD AND STORM DRAINAGE AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 10. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: APRIL 22, 1997 RECORDING NO.: 9704221249 IN FAVOR OF: CITY OF FEDERAL WAY FOR: INUNDATION FOR SURFACE WATERS AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 11. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES FOR SOUTH 3367N STREET AS GRANTED BY DEED RECORDED OCTOBER 8, 1974 UNDER RECORDING NO. 7410080037. File CG LTA C 51 D §te ►�.� 0043CG ALTA Commitment (6l17l06) - Schedule B I L Y Y Page 7 of 11 title guaranty company 12. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN, RECORDED: DECEMBER 1, 1976 RECORDING NO.: 7612010602 IN FAVOR OF: LAKEHAVEN SEWER DISTRICT FOR: SEWER MAINS AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 13. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: DECEMBER 1, 1976 RECORDING NO.: 7612010603 IN FAVOR OF: LAKEHAVEN SEWER DISTRICT FOR: SEWER MAINS AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 14. UNRECORDED LEASEHOLDS, IF ANY, RIGHTS OF VENDORS AND SECURITY AGREEMENT ON PERSONAL PROPERTY AND RIGHTS OF TENANTS, AND SECURED PARTIES TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. 15. TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN BOUNDARY LINE ADJUSTMENT: NO.: BLA00-105818-000-00-SU RECORDED: AUGUST 2, 2001 RECORDING NO.: 20010802900007 16. DELETED 17. TERMS AND CONDITIONS OF CITY OF FEDERAL WAY ORDINANCE NO. 05-490 RECORDED: JUNE 24, 2005 RECORDING NO.: 20050624000624 18. THE COMPANY REQUIRES EXECUTION OF THE ENCLOSED COMMERCIAL AFFIDAVIT PRIOR TO CLOSING REGARDING UNRECORDED LEASEHOLDS, MECHANICS LIEN RIGHTS, PARTIES IN POSSESSION AND SURVEY MATTERS. FURTHER REQUIREMENTS, IF ANY, WILL FOLLOW BY SUPPLEMENTAL REPORT UPON REVIEW OF THE SAME. 19. (DELETED) 20. EVIDENCE OF THE AUTHORITY OF THE INDIVIDUAL(S) TO EXECUTE THE FORTHCOMING DOCUMENT FOR FEDERAL WAY VILLAGE LLC, A WASHINGTON LIMITED LIABILITY COMPANY, COPIES OF THE CURRENT OPERATING AGREEMENT SHOULD BE SUBMITTED PRIOR TO CLOSING. File LTA Commitment rt Page CG 8 of 11 A Comm mitment (6117/06) — Schedule B I title guaranty CCoommpany 9 21. MEMORANDUM OF AGREEMENT TO PURCHASE REAL PROPERTY AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: KITTS CORNER DEVELOPMENT, LLC AND: FEDERAL WAY VILLAGE LLC RECORDED: SEPTEMBER 19, 2006 RECORDING NUMBER: 20060919000872 22. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30r" THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31sr YEAR: 2008 AMOUNT BILLED: $31,787.78 AMOUNT PAID: $15,893.89 AMOUNT DUE: $15,893.89, PLUS INTEREST AND PENALTY, IF DELINQUENT LEVY CODE: 1205 TAX ACCOUNT NO.: 202104-9070-03 ASSESSED VALUATION: LAND: $2,847,200.00 IMPROVEMENTS: $ 0.00 END OF SPECIAL EXCEPTIONS File No_: LTA Commitment Figlq. ►� {�+� �t 0043CG ALTA Commitment (6/17/06) — Schedule B I �7 L V Y Gib L. Page 9 of 11 title guaranty company NOTES: NOTE A: SO THAT WE MAY COMPLY WITH ALL LENDER REQUIREMENTS AND ENDORSEMENTS, PLEASE ENCLOSE A COMPLETE COPY OF THE LENDER'S INSTRUCTIONS WITH THE RECORDING PACKAGE. ALL KING COUNTY PACKAGES NOT USING AN EXCISE FORM ARE NOW RECORDED ELECTRONICALLY. PLEASE ADD $4.00 TO THE RECORDING FEE FOR EACH ELECTRONICALLY RECORDED DOCUMENT. IN ORDER TO ASSURE TIMELY RECORDING ALL RECORDING PACKAGES SHOULD BE SENT TO: STEWART TITLE 18000 INTERNATIONAL BLVD., SUITE 510 SEATAC, WASHINGTON 98188 ATTN: RECORDER NOTE B: THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF NECESSARY TO MEET STANDARDIZATION REQUIREMENTS. THE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOCUMENT(S) TO BE INSURED. PTN. OF THE NE1/4-NE1/4 20-21-4 EAST, W.M. NOTE C: THE SITUS ADDRESS OF THE PROPERTY HEREIN DESCRIBED IS: 33701 PACIFIC HIGHWAY SOUTH FEDERAL WAY, WASHINGTON 98003 NOTE D: ACCORDING TO THE APPLICATION FOR TITLE INSURANCE, TITLE IS TO VEST IN FEDERAL WAY VILLAGE LLC, A WASHINGTON LIMITED LIABILITY COMPANY COMPANY. EXAMINATION OF THE RECORDS DISCLOSES NO MATTERS PENDING AGAINST SAID PARTY(IES). NOTE E: GENERAL TAXES FOR THE YEAR 2007 WHICH HAVE BEEN PAID. AMOUNT: $32,407.66 LEVY CODE: 1205 TAX ACCOUNT NO.: 202104-9070-03 ASSESSED VALUATION: LAND: $2,847,200.00 IMPROVEMENTS: $0.00 PS File CG 2TA Co 10 F— ste /�/�� f^'� 0043CG ALTA Commitment (6/17106) - Schedule B I a7 �+' r M i.�a Page 10 of 11 title guaranty company Copies to: STEWWART TITLE/NTS-SEATTLE 1000 2nd AVENUE, SUITE 1620 SEATTLE, WA 98104 ATTENTION: CHARLENE BAGAASON WESTLAKE ASSOCIATES, INC. 2810 EASTLAKE AVENUE EAST SEATTLE, WA 98102 ATTENTION: RICHARD BORSINI File 200480510f�} 0043CG CG ALTA Coo Commitment (6117/06) — Schedule B I s�7 Lam.+ Gi�� i. Page 11 of 11 title guaranty company COMMITMENT FOR TITLE INSURANCE Issued by stewart title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company_ All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Authorized Countersignature Stewart Title Seattle Company SEATAC, Washington City, State 004-UN ALTA Commitment (6/17/06) Stewart WieSenior Chairman of t e Board r� aft": ., G;OW.Q v .�� r.s: •-". Leo- "..•:Lt, .^ Chairmen of the Board President File No_: 200480510 CONDITIONS 9. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< htto:Ilwwtn+. alta. nrge>. war title uaran 9 Many tY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. STEWART TITLE OF WASHINGTON Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of STEWART TITLE OF WASHINGTON We may collect nonpublic personal information about you from the following sources: Information we receive from you, such as on applications or other forms. ■ Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. ■ Non -financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 18000 International Blvd. South, Suite 510 SeaTac, WA 98188 �t 206-770-8700 + 888-896-1443 title - commeroiai division E-Fax Number: 206-770-6579 Title Officer: Robert B. Jackson Phone: (206) 770-8860 E-mail: oackson@stewart.com Fax: 206-802-9344 Title Officer: Don Peters Phone: (206) 770-8858 E-mail: dpeters@stewait.com Fax: 206-802-9344 Your Stewart Closer will be: Vanessa Morgan - Phone (206) 770-8814, Fax (206) 770-8868 Reference: KNIGHT/CLOE / FEDERAL WAY VILLAGE Order Number: 200480517 Escrow Number: 200480517 FIFTH COMMITMENT SCHEDULE A 1. Effective Date: May 28, 2008 at 8:00 a.m. 2. Policy Or Policies To Be Issued: (X) ALTA OWNER'S POLICY, (6117/06) Amount: TO BE DETERMINED (X) STANDARD ( ) EXTENDED Premium: COMMERCIAL RATE Tax: Total: $ 0.00 Proposed Insured: FEDERAL WAY VILLAGE, LLC, A WASHINGTON LIMITED LIABILITY COMPANY (X) ALTA EXTENDED LOAN POLICY, (6117/06) Amount: TO BE DETERMINED SIMULTANEOUS ISSUE RATE Premium: Tax: Total: $ 0.00 Proposed Insured: TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE ESTATE 4. Title to said estate or interest in said land is at the effective date hereof vested in: WAYNE B_ KNIGHT AND DAGMAR Q. KNIGHT, HUSBAND AND WIFE; JANE CLOE, WHO ACQUIRED TITLE AS JANE SLISCO, AS A SEPARATE ESTATE 5. The land referred to in this commitment is described as follows: See Attached Legal Description File No.: 200480517 0043CG ALTA Commitment (6117/06) - Schedule B I Page 1 of 10 F GDart mpar'y JUN 0 9 2008 CjTy OF FEDERAL WAY CDs Purported Address: 33901 PACIFIC HIGHWAY SOUTH FEDERAL WAY, WA 98003 File No.: 200480517 � � r` 0043CG ALTA Commitment (61l7/06) - Schedule B I s �► J► /�1 �..af Page 2 of 10 'title guaranty company Exhibit A LEGAL DESCRIPTION File Number: 200480517 THE NORTH HALF OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., LYING WEST OF STATE HIGHWAY (PACIFIC HIGHWAY SOUTH), IN KING COUNTY, WASHINGTON. File No.CG 20A Com7 E_§te A ►art 0043CG ALTA Commftment (6/17/06) — Schedule B 1 G Y Y Page 3 of 10 title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the public records. B. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not the matters described (i), (ii) & (iii) are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. C. Extended coverage exceptions, as follows: (1) Rights or claims of parties in possession not shown by the public records. (2) Easements, claims of easement or encumbrances which are not shown by the public records. (3) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises and which are not shown by the public records. (4) Any lien, or right to a lien, for services, labor or material heretofore or hereafter fumished, imposed by law and not shown by the public records. D. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer, water, electricity or other utilities, or for garbage collection and disposal. E. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. F. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government, or riparian rights, if any. File CG LTAC m Cste A►'aYt 0043CG ALTA Commitment (6/77/06) - Schedule B I �7 L Y V L.� Page 4 of 10 title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B - Part II The following are the requirements to be compiled with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record Note: Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. Format_ Margins to be 3" on top of first page, 1" on sides and bottom, 1" on top, sides and bottom of each succeeding page. Font size of 8 points or larger and paper size of no more than 8'/2" by 14". No attachments on pages such as stapled or taped notary seals, pressure seals must be smudged. Information which must appear on the first page: Title or titles of document. if assignment or reconveyance reference to auditor's file number or subject deed of trust. Names of grantor(s) and grantee(s) with reference to additional names on following page(s), if any. Abbreviated legal description (lot, block, plat name or section, township, range and quarter quarter section for unplatted). Assessor's tax parcel number(s) Return address which may appear in the upper left hand 3" top margin SPECIAL EXCEPTIONS FOLLOW File 207 �+ r A ►�+.i ■�+ 0043CG CG ALTA Commitment (6/17/06) — Schedule B 1 +7 V Y �.+L>t L� Page 5 of 10 -title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I SPECIAL EXCEPTIONS 1 _ LIEN OF THE REAL ESTATE EXCISE SALES TAX AND SURCHARGE UPON ANY SALE OF SAID PREMISES, IF UNPAID. AS OF THE DATE HEREIN, THE EXCISE TAX RATE FOR CITY OF FEDERAL WAY IS 1.78%. 2. DELETED 3. DELETED 4. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JANUARY 2, 1996 RECORDING NO.: 9601020659 IN FAVOR OF: CITY OF FEDERAL WAY FOR: SURFACE WATER DRAINAGE FACILITIES AFFECTS: THE NORTH 15 FEET, LESS THE WEST 527.5 FEET 5. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JANUARY 2, 1996 RECORDING NO.: 9601020660 IN FAVOR OF: CITY OF FEDERAL WAY FOR: DRAINAGE FACILITIES AFFECTS: THE WEST 527.5 FEET 6. AGREEMENT FOR PERPETUAL EASEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: WAYNE B. KNIGHT AND DAGMARQ. KNIGHT, AND: RECORDED: RECORDING NUMBER: 7. DELETED 8. DELETED 9. DELETED HUSBAND AND WIFE; JANE CLOE, WHO ACQUIRED TITLE AS JANE SLISCO, AS HER SEPARATE - ESTATE; AND THE ANDREW J. SLISCO LIMITED FAMILY PARTNERSHIP 11, A LIMITED PARTNERSHIP UNDER THAT LIMITED PARTNERSHIP AGREEMENT DATED JULY 10, 1989. CITY OF FEDERAL WAY JANUARY 2, 1996 9601020661 File NO.: 200480517�`` to r 0043CG ALTA Commitment (6/17/06) — Schedule B I � R. r ►► Page 6 of 10 title guaranty company 10. DELETED 11. TERMS AND CONDITIONS OF CITY OF FEDERAL WAY ORDINANCE NO. 05-490 RECORDED: JUNE 24, 2005 RECORDING NO.: 20050624000625 12. THE COMPANY REQUIRES EXECUTION OF THE ENCLOSED COMMERCIAL AFFIDAVIT PRIOR TO CLOSING REGARDING UNRECORDED LEASEHOLDS, MECHANICS LIEN RIGHTS, PARTIES IN POSSESSION AND SURVEY MATTERS. FURTHER REQUIREMENTS, IF ANY, WILL FOLLOW BY SUPPLEMENTAL REPORT UPON REVIEW OF THE SAME. 13. EVIDENCE OF THE AUTHORITY OF THE INDIVIDUAL(S) TO EXECUTE THE FORTHCOMING DOCUMENT FOR FEDERAL WAY VILLAGE, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, COPIES OF THE CURRENT OPERATING AGREEMENT SHOULD BE SUBMITTED PRIOR TO CLOSING. 14. (DELETED) 15. MEMORANDUM OF AGREEMENT TO PURCHASE REAL PROPERTY AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: KITTS CORNER DEVELOPMENT, LLC AND: FEDERAL WAY VILLAGE, LLC RECORDED: SEPTEMBER 19, 2006 RECORDING NUMBER: 20060919000872 16. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31sr YEAR: 2008 AMOUNT BILLED: $5,584.04 AMOUNT PAID: $2,792.02 AMOUNT DUE: $2,792.02, PLUS INTEREST AND PENALTY, IF DELINQUENT LEVY CODE: 1205 TAX ACCOUNT NO.: 202104-9004-04 ASSESSED VALUATION: LAND: $580,000.00 IMPROVEMENTS: $ 0.00 END OF SPECIAL EXCEPTIONS File CG LTA C m ste A ■— t 0043CG AL7A Commitment (6/17/06) - Schedule B 1 �7 Y YG�� 4 Page 7 of 10 .title guaranty company NOTES: NOTE A: SO THAT WE MAY COMPLY WITH ALL LENDER REQUIREMENTS AND ENDORSEMENTS, PLEASE ENCLOSE A COMPLETE COPY OF THE LENDER'S INSTRUCTIONS WITH THE RECORDING PACKAGE. ALL KING COUNTY PACKAGES NOT USING AN EXCISE FORM ARE NOW RECORDED ELECTRONICALLY. PLEASE ADD $4.00 TO THE RECORDING FEE FOR EACH ELECTRONICALLY RECORDED DOCUMENT. IN ORDER TO ASSURE TIMELY RECORDING ALL RECORDING PACKAGES SHOULD BE SENT TO: STEWART TITLE 18000 INTERNATIONAL BLVD., SUITE 510 SEATAC, WASHINGTON 98188 ATTN: -RECORDER NOTE B: THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF NECESSARY TO MEET STANDARDIZATION REQUIREMENTS. THE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOCUMENT(S) TO BE INSURED. PTN_ OF SE114NE114 OF SECT. 20, TWP. 21N, RNGA EWM. NOTE C: THE SITUS ADDRESS OF THE PROPERTY HEREIN DESCRIBED IS: 33901 PACIFIC HIGHWAY SOUTH FEDERAL WAY, WASHINGTON 98003 NOTE D: ACCORDING TO THE APPLICATION FOR TITLE INSURANCE, TITLE IS TO VEST IN FEDERAL WAY VILLAGE, LLC, A WASHINGTON LIMITED LIABILITY COMPANY. EXAMINATION OF THE RECORDS DISCLOSES NO MATTERS PENDING AGAINST SAID PARTY(I ES). NOTE E: GENERAL TAXES FOR THE YEAR 2007 WHICH HAVE BEEN PAID. AMOUNT: $5,692.39 LEVY CODE: 1205 TAX ACCOUNT NO.: 202104-9004-04 ASSESSED VALUATION: LAND: $500,000.00 IMPROVEMENTS: $0.00 NOTE: KING COUNTY TREASURER, 500 4T" AVENUE, 6T" FLOOR ADMIN. BLDG., SEATTLE, WA 98104 (206) 296-7300 WEB ADDRESS: http://webapp.metrokc.gov/KCTaxinfo/. File 207 0043CG CG ALTA Commitment tmitment (8l17l06) — Schedule B I �7 LGY YGiI 4 Page 8 of 10 title guararriy company PS File No.: 20D480517 �+1�`p► A �—Yt 0043CG ALTA Commitment (6/17/06) - Schedule B I `eY c Page 9 of 10 title guararsty company Copies to: STEWART TITLE/NTS-SEATTLE 1000 2nd AVENUE, SUITE 1620 SEATTLE, WA 98104 ATTENTION: CHARLENE BAGAASON WESTLAKE ASSOCIATES, INC. 2810 EASTL4KE AVENUE EAST SEATTLE, WA 98102 ATTENTION: RICHARD BORSINI File No.: 200480517 0043CG ALSA Commitment (6/17/06) — Schedule B ! V Y r L.w Page 10 of 10 title guarenty company COMMITMENT FOR TITLE INSURANCE Issued by Stewart title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company'), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: E� S§tewart �� l+u 9ia+rOrtt1' CcvnPant (f`Y'6'^, / ' 11 1 Senior Chairman of t e Board �—�—� AuthorizedAX- Countersignature �y p� Stewart Title Seattle Company �.k .. aims oF. . Chairman of the Board P Y k.1 9 e7�i�r',r� SEATAC, Washington City, State President 004-UN ALTA Commitment (6117/06) File No.: 200480517 CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2, 000, 000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules ate hyp.1tvww.a1ta_orQ1-. Iq rtirantY company n Y All notices required to be given the Company and any statement in writing required to be fumished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law_ We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as companies engaged in banking, consumer finance, securities and insurance_ Non -financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. CITY OF Federal Way DATE: 5/20/08 TO: Janet Schull FROM: Ann Dower SUBJECT: FEDERAL WAY VILLAGE - (07-104384-00-SU) 33701 PACIFIC HWY S; Public Works Review MEMORANDUM Public Works Department The boundary line adjustment provided on 5/20/08 have been reviewed. The applicant must make the following revisions: 1. Paper copies do not need to have an original stamp and signature since they will not be recorded. When the plans are ready for recording, mylar sets will be requested. These must be stamped and signed. 2. The signature block lists only Kitts Corner Development LLC as the owner. This is not indicated in King County's records. Please submit an update to the title report showing all owners and lenders. The names of all signators, along with the companies they represent, must appear under the Authorization. Proof of authority to sign on behalf of each company will be required. MEMORANDUM CITY OF Fades BBlay DATE: 11/30/07 Public Works Department TO: Janet Shull FROM: Ann Dower SUBJECT: FEDERAL WAY VILLAGE - (07-104384-00-SU) 33701 PACIFIC HWY S; Development Services second review The Boundary Line Adjustment information provided on October 31, 2007 has been reviewed. The plans are acceptable as shown, with two exceptions: 1. Permanent survey markers are not shown as having been set. Please notify me when the lot corners have been set, and indicate on the BLA map. 2. The ownership issue has not been resolved. All owners and those with an interest in the property, such as lenders, must be shown as signators on the Boundary Line Adjustment. Currently only Kitt's Corner Development is shown on the BLA map, while King County Records shows several owners for the various parcels. Page 1 of 1 Ann Dower - Federal Way VIllage BLA From: Ann Dower To: Janet Shull; William Appleton Date: 5/20/2008 12:40 PM Subject: Federal Way VIllage BLA Janet and Will, They are getting close to recording their BLA. It doesn't settle well with me that Lot 1 includes only a 20' wide strip for S 340th St connection to Pacific Highway. I wonder if this scenario could happen: they develop Lot 3 of the commercial portion first, using their full lot size. Then they develop the single-family, can't get the additional right-of-way from the property to the south, and therefore can't make the connection because Lot 3 is already built out and under separate ownership. I feel like we need to put some kind of restriction on the BLA for Lot 3 to assure that the right-of-way gets set aside. Thoughts? Thanks Ann file://C:\Documents and Settings\default\Local Settings\Temp\XPgrpwise\4832C6BCCHP... 5/20/2008 Form No. 14 Subdivision Guarantee (4-10-75) k' ,first America. Pat Fullerton (206) 615-3055 pfullerton@firstam.com Amy Garza (206) 615-3010 amgarza@firstam.com Title Team One Fax No. (866) 904-2177 Colleen Franz (206) 615-3050 cfranz@firstam.com SUBDIVISION GUARANTEE Guarantee No.: 4209-1074871 Page No.: 1 First American Title Insurance Company 2101 Fourth Ave, Ste 800 Seattle, WA 98121 Phn - (206)728-0400 (800)826-7718 Fax - Jennifer Salas (206) 615-3011 jsalas@firstam.com Tina Kotas (206) 615-3012 tkotas@firstam.com LIABILITY $ 1,000.00 ORDER NO.: 4209-1074871 FEE $ 350.00 TAX $ 31.15 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES SBI Developing LLC herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: July 09, 2007 at 7:30 A.M. RECEIVED AUG 0 7 2007 FirstAmerican Tide CITY OF FEDERAL WAY BUILDING DEPT, Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE A Guarantee No.: 4209-1074871 Page No.: 2 The assurances referred to on the face page are: A. Title is vested in: Wayne B. Knight and Dagmar Q. Knigh�,ftsband and wife, and Jane Cloe, as her separate estate, as to Parcel A; John H. MacLeod and Sarah MacLeod, who also appears of record as Sally MacLeod, trustees under the John H. Ma eod and Sarah MacLeod Family Trust, U.D.T. August 8, 1986; and William J. Chase and Jeanetr6M. Chase, trustees of the William 1. Chase and Jeanette M. Chase Living Trust, as to Parcel B; Jean M. Merlino, presumptively subject to the community interest of her spouse if married on or since June 28, 1993; James E. Merlino, as his separate estate; and MerlinoFederal Way Laid LLC, a Washington limited liability company, as p Parcel C; Campus Gate Associates, a Washington limited partnership, as to Parcel D; 0s Corner Partners LLC, a Washington limited liability company, as to Parcel E B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, t , ervations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: The land referred to in this report is described in Exhibit A attached hereto. APN: 202104900404 APN: 202104907201 APN: 202104900107 APN: 202104907003 APN: 202104906906 FirstAmerican ride Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: Guarantee No.: 4209-1074871 Page No.: 3 1. General Taxes for the year 2007. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 202104900404 1st Half Amount Billed: $ 2,846.20 Amount Paid: $ 2,846.20 Amount Due: $ 0.00 Assessed Land Value: $ 500,000.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 2,846.19 Amount Paid: $ 0.00 Amount Due: $ 2,846.19 Assessed Land Value: $ 500,000.00 Assessed Improvement Value: $ 0.00 Affects: Parcel A 2. General Taxes for the year 2007. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 202104907201 1st Half Amount Billed: $ 4,803.35 Amount Paid: $ 4,803.35 Amount Due: $ 0.00 Assessed Land Value: $ 843,900.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 4,803.35 Amount Paid: $ 0.00 Amount Due: $ 4,803.35 Assessed Land Value: $ 843,900.00 Assessed Improvement Value: $ 0.00 Affects: Parcel B FirstAinerican Title Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4209-1074871 Page No.: 4 3. General Taxes for the year 2007. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 202104900107 1st Half Amount Billed: $ 6,597.06 Amount Paid: $ 6,597.06 Amount Due: $ 0.00 Assessed Land Value: $ 1,159,100.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 6,597.05 Amount Paid: $ 0.00 Amount Due: $ 6,597.05 Assessed Land Value: $ 1,159,100.00 Assessed Improvement Value: $ 0.00 Affects: Parcel C 4. General Taxes for the year 2007. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 202104907003 1st Half i Amount Billed: $ 16,203.83 Amount Paid: $ 16,203.83 Amount Due: $ 0.00 Assessed Land Value: $ 2,847,200.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 16,203.83 Amount Paid: $ 0.00 Amount Due: $ 16,203.83 Assessed Land Value: $ 2,847,200.00 Assessed Improvement Value: $ 0.00 Affects: Parcel D FirstAmerican Title Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4209-1074871 Page No.: 5 5. General Taxes for the year 2007. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 202104906906 1st Half Amount Billed: $ 2,677.62 Amount Paid: $ 2,677.62 Amount Due: $ 0.00 Assessed Land Value: $ 470,400.00 Assessed Improvement Value: $ 0.00 Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Affects: 2nd Half $ 2,677.62 $ 0.00 $ 2,677.62 $ 470,400.00 $ 0.00 Parcel E 6. Taxes which may be assessed and extended on any subsequent roll for the tax year 2007, with respect to new improvements and the first occupancy which may be included on the regular assessment roll and which are an accruing lien not yet due or payable. 7. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for sewer, water and public facilities of Federal Way as disclosed by instrument recorded under recording no. 8905120210. 8. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: James E. Merlino, Michelle F. Merlino, Jean M., Paul L. Merlino and Cheryl Merlino Grantee/Beneficiary: The City of Federal Way, Washington, a Washington municipal corporation Trustee: Chicago Title Insurance Co., a Missouri corporation Amount: $120,000.00 Recorded: April 21, 1997 Recording Information: 9704211044 Affects: Parcel C 9. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Campus Gateway Associates, a Washington limited partnership Grantee/Beneficiary: The City of Federal Way, Washington, a Washington municipal corporation Trustee: Chicago Title Insurance Co., a Missouri corporation Amount: $60,000.00 Recorded: April 21, 1997 Recording Information: 9704211045 Affects: Parcel D and other property FirstAmerican Title Form No. 14 Subdivision Guarantee (4-10-75) 10. Deed of Trust and the terms and conditions thereof. Guarantee No.: 4209-1074871 Page No.: 6 Grantor/Trustor: William J. Chase and Jeanette M. Chase, husband wife, as Trustees of the William J. Chase and Jeanette M. Chase Living Trust, and John H. MacLeod and Sarah MacLeod, husband and wife, as Trustees under the John H. MacLeod and Sarah MacLeod Family Trust Grantee/Beneficiary: The City of Federal Way, Washington, a municipal corporation Trustee: Chicago Title Insurance Co., a Missouri corporation Amount: $90,000.00 Recorded: April 21, 1997 Recording No.: 9704211051 Affects: Parcel B 11. Question of the marital status of Jean M. Merlino on June 28, 1993, date of acquiring title. In addition, title is subject to matters which the record may disclose against the name of said spouse, if married. 12. Terms and conditions of the William J. Chase and Jeanette M. Chase Living Trust, under which title is vested. 13. Terms and conditions of the John H. MacLeod and Sarah MacLeod Family Trust, under which title is vested. 14. Easement resulting from King County Superior Court condemnation, including terms and provisions contained therein: Cause No.: 823293 -.- In Favor of: �Ekehaven Sewer District For: sewer main(s) Affects: Parcel A 15. Easement, including terms and provisions contained therein: Recording Information: 7612010610 In Favor of: Lakehaven Sewer District For: sewer main(s) Affects: Parcel C 16. Right to make necessary slopes for cuts or fills upon said premises for 336th Street as granted by deed recorded October 08, 1974 der recording no. 7410080037. Affects: Parcel D 17. Easement, including terms and provisions contained therein: Recording Information: 7612010602 In Favor of: Lakehaven Sewer District For: sewer main(s) Affects: Parcel D FirstAmerican Title Form No. 14 Guarantee No.: 4209-1074871 Page No.: 7 Subdivision Guarantee (4-10-75) 18. Easement, including terms and provisions contained therein: Recording Information: 7612010603 In Favor of: Lakehaven Sewer District For: sewer main(s) Affects: Parcel D 19. Easement, including terms and provisions contained therein: r Recording Information: 7612230644 In Favor of: Lakehaven Sewer District, a municipal corporation For: sewer mains and appurtenances Affects: Parcel B 20. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey No. 8610279015, recorded in volume 52 of surveys, at page(s) 1, in King County, Washington. Affects: Parcel C 21. Easement, including terms and provisions contained therein: Recording Information: 8812231027 In Favor of: ✓ E)=n Corporation For: access Affects: Parcel E 22. Easement, including terms and provisions contained therein: 1� Recorded: May 15,.1989 Recording Information: 8905150794 /V r � In Favor of: Pacific Northwest Bell Telephone Company For: underground communication lines and aboveground telephone equipment and cabinets Affects: Parcel D 23. Easement, including terms and provisions contained therein: Recording Information: 9601020659 In Favor of: City of Federal Way For: drainage facilities Affects: Parcel A 24. Easement, including terms and provisions contained therein: Recording Information: 9601020660 In Favor of: City of Federal Way For: drainage facilities Affects: Parcel A 25. Easement, including terms and provisions contained therein: Recording Information: 9601020661 In Favor of: City of Federal Way For: detention and wetland/stream restoration Affects: Parcel A 26. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey No. 9607129012 , in King County, Washington. FirstAmerican Tide Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4209-1074871 Page No.: 8 27. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes: Recording Information: 9704211043� 28. Easement, including terms and provisions contained therein: Recording Information: 9704211047 In Favor of: City of Federal Way For: innundation/surface water Affects: Parcel B 29. Easement, including terms and provisions contained therein: Recording Information: 9704211048 In Favor of: City of Federal Way For: wetlands, stream & buffers Affects: Parcel B 30. Easement, including terms and provisions contained therein: R cording Information: 9704211049 Favor of: City of Federal Way For: access maintenance road & storm drainage Affects: Parcel B 31. Easement, including terms and provisions contained therein: Recording Information: 9704211050 ,In Favor of: City of Federal Way t/ For: dam & appurtenant surface water structures & wetlands mitigation and stream reconstruction Affects: Parcel B 32. Easement, including terms and provisions contained therein: Recording Information: 9704220986 In Favor of: City of Federal Way For: inundation Affects: Parcel C 33. Easement, including terms and provisions contained therein: Recording Information: 9704220987 In Favor of: City of Federal Way For: access maintenance road & storm drainage Affects: Parcel C 34. Easement, including terms and provi�siss contained therein: Recording Information:=9704220988 In Favor of: City of Federal Way For: westlands & stream buffers Affects: Parcel C FirstAmer%Can Title Form No. 14 Guarantee No.: 4209-1074871 Page No.: 9 Subdivision Guarantee (4-10-75) 35. Easement, including terms and provisions contained therein: Recording Information: 9704221245 In Favor of: City of Federal Way For: manhole & related facilities Affects: Parcel D 36. Easement, including terms and provisions contained therein: Recording Information: 9704221246. In Favor of: City o Federal ederal Way For: manhole & related facilities Affects: Parcel D 37. Easement, including terms and proy_�Lsiorkscontained therein: Recording Information: 9704221247. In Favor of: City of Federal Way For: wetlands & stream buffers Affects: Parcel D 38. Easement, including terms and provisions contained therein: Recording Information: 9704221248 In Favor of: City of Federal Way For: access maintenance road & storm drainage Affects: Parcel D 39. Easement, including terms and provisions contained therein: ,,Recording Information: 9704221249 In Favor of: City of Federal Way For: inundation Affects: Parcel D 40. Easement, including terms and provisions contained therein: Recording Information: ,� 1-6 In Favor of: City of Federal Way For: manhole & related facilities Affects: Parcel D 41. Possession and Use Agreement and the terms and conditions thereof: Between: City of Federal Way, a Washington municipal corporation And: Rajinder Johal and Kulwinder Johal, husband and wife Recording Information: 9806052195 Affects: Parcel E 42. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes: 4 Recording Information: 19990816000033 y _ Affects: Parcel E FirstAmerican Title Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4209-1074871 Page No.: 10 43. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revisions): Recorded: August 02, 2001 Recording Informaton: 20010802900007 Affects: Parcel D 44. Easement, including terms and provisions contained herein: Recording Information: 20030109002453 In Favor of: City of Federal Way For: rights -of -way and utilities Affects: Parcel E 45. The terms and provisions contained in the document entitled "Ordinance No. 05-490" Recorded: June 24, 2005 Recording No.: 20050624000625 Said instrument also recorded under Recording Nos. 20050624000623, 20050624000624, 20050624000626,20050624000627,20050624000628,20050624000629,20050624000630 46. The terms and provisions contained in the document entitled "Memorandum of Agreement to Purchase Real Property" Recorded: September 19, 2006 Recording No.: 20060919000872 INFORMATIONAL NOTES A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. FlrstAmerlcan Title Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Guarantee No.: 4209-1074871 Page No.: 11 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description Set forth In Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or Improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set Forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to In Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does riot indude any property beyond the 11ne4 of the area described or referred to In Schedule (A) (C) or to Part 2, nor arty right, title, Interest, estate or easement In abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. L Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly In writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee, if prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured Is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to Institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which In its opinion may be necessary or desirable to establish the titre to the estate or Interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not It shall be liable hereunder, and shalt not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, It shall do so diligently. (b) If the Company elects to exercise Its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured In the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and ail appeals therein, and permit the CompaFry to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining wltnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company Is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the Facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, Inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, dlecks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant Its permission, in writing, for any authorized representative of the Company to examine, Inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, In the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permissian to secure reasonably necessary Information from third parties as required In the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) FirstAmerican Title Form No. 14 Subdivision Guarantee (4-10-75) 6. Options to Pay or Otherwise settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee Is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the Indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' Fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase; payment or tender of payment of the full amount of the Guarantee shall terminate all [lability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price, Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's Obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company Is obligated to pay. Upon the exercise by the Company of the opton provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed Ioss or damage, other than to make the payment required in that paragraph, shall terminate, Including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Sched0e A or In Part 2; (b) the amount of the unpaid principal Indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or Interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. S. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably dillgent manner by any method, imiuding litigation and the completion of any appeals therefrom, it shall have fully performed Its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. Guarantee No.: 4209-1074871 Page No.: 12 (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro Canto. 10. Payment of Lass. (a) No payment shall he made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall he fumished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest In the Company unaffected by any act of the Assured Claimant The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had agalnst any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permlt the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the Ions of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered Its principal, interest, and costs of collection. 2.2. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title insurance Arbitration Rules of the American Arbitration Association, Arbitrable matters may include, but are not limited to, any controversy Or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its Issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability Is in excess of ;1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may Include attorneys' fees only if the laws of the state In which the land Is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisd€ttion thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whale. (b) Any claim of loss or damage, whether w not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number or this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1292 (Rev. 12115/95) FifstAlmerican Title Form No. 14 Subdivision Guarantee (4-10-75) Exhibit "A" Guarantee No.: 4209-1074871 Page No.: 13 Real property in the County of King, State of Washington, described as follows: Parcel A: The North half of the North half of the North half of the Southeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington, lying Westerly of State Highway. Parcel B: That portion of the South half of the South half of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington, lying West of the Seattle -Tacoma Highway; EXCEPT roads, and EXCEPT the following portion: Beginning at a point on the West boundary of the Seattle -Tacoma Highway 30 feet Northeasterly of a point where the West boundary of said highway intersects the South line of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M.; running thence West parallel with the South line of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., 200 feet; running thence North 0010'12" East to the North line of the South half of the South half of said Northeast quarter of the Northeast quarter of said Section 20; thence East along said line of said South half of the South half of the Northeast quarter of the Northeast quarter of said Section 20 to the West boundary of the Seattle -Tacoma Highway; thence Southwesterly along the West line of Seattle -Tacoma Highway to the point of beginning. ALSO EXCEPT therefrom that portion conveyed to the State of Washington by instrument recorded under Recording No. 3722662. Parcel C: The North half of the South half of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT that portion thereof described as follows: Commencing at the Northeast corner of said Section 20; thence South 00009'38" West along the Easterly line thereof 877.49 feet; thence North 89048'55" West 241.00 feet to the true point of beginning; thence continuing North 89048'55" West 82.00 feet; thence South 00009'38" West 108.68 feet; thence South 89°48'55" East 82.00 feet; thence North 00009'38" East 108.68 feet to the true point of beginning; AND EXCEPT that portion thereof described as follows: Commencing at the Northeast corner of said Section 20; thence South 00009'38" West along the Easterly line thereof 877.49 feet; FirstAmerican Title Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4209-1074871 Page No.: 14 thence North 89048'55" West 60.00 feet to the West boundary of Primary State Highway No. 1 (also known as U.S. Highway 99) and the true point of beginning; thence continuing North 89048'55" West 181.00 feet; thence South 00009'38" West 108.68 feet; thence South 89048'55" East 81.00 feet; thence South 00009'38" West 24.87 feet; thence South 89048'55" East 90.00 feet, more or less, to the Westerly margin of said Primary State Highway No. 1; thence Northerly along said West margin to the true point of beginning. AND EXCEPT that portion thereof conveyed to the State of Washington for Primary State Highway No. 1 (also known as U.S. Highway 99). Parcel D: The Northeast quarter of the Northwest quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M.; Except the West 300.00 feet thereof; AND Except the North 42 feet thereof conveyed for road by deed recorded under Recording No. 7410030037; TOGETHER with the North half of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington; Except the North 42 feet thereof conveyed for road by deed recorded under Recording No. 7410030037; And Except that portion lying Westerly of Primary State Highway No. 1 (Pacific Highway South) as conveyed by deeds recorded under Recording Nos. 1778234 and 3715474. And Except the East 223.6 feet of that portion of the South 223.6 feet of the North 265.6 feet of the East 319 feet of the North half of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., lying Westerly of Primary State Highway No. 1 (Pacific Highway South) as conveyed by deed recorded under Recording No. 1778234 (said "excepted" parcel also being known as an unidentified Lot in King County Boundary Line Adjustment No. 8810007, recorded under King County Recording No. 8812200807). ALSO Except that portion conveyed to the City of Federal Way under instrument recorded under Recording No. 20020926001701. (Also known as New Lot 2 of King County Boundary Line Adjustment No. BLA 00-105818-000-00-SU, recorded under Recording No. 20010802900007) Parcel E: That portion of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the intersection of the South margin of South 336th Street with the West margin of Pacific Highway South, as conveyed by deed recorded under Recording No. 1778234; thence South 1012'23" West along said West margin 223.60 feet to the South line of the North 265.60 feet of said subdivision; thence North 88044'45" West along said South line 223.60 feet to the West line of the East 262.40 feet of said subdivision; FirstAmerican Title Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4209-1074871 Page No.: 15 thence North 1012'23" East along said West line 223.60 feet to the said South margin of South 336th Street; thence South 88044'45" East 223.60 feet to the point of beginning. EXCEPT those portions conveyed to the City of Federal Way by deeds recorded under Recording Nos. 19990816000053,19990819001819 and 20020927001676. Tax Parcel Number: 202104900404, 202104907201, 202104900107, 202104907003 and 202104906906 RrstAmerican 77de NE 20-21-04 KING COUNTY Ael� Kl�e � �| �|CAJ.U5 PARK 1 ^ Notice of Additional Water or Sewer Facility Tap or Connection Charge NOTICe 1S HEREBY GIVEN that Federal Way Water and Sewer, of King County, 'Washington, intends to levy a tap or connection ctiarge for providing water and/or sanitary sewer service to the realty be- 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: Exhibit "A" Viis 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. This notice is given pursuant to A.C.W. 65,08.170. DATED this ft day of 19-. By Fe era ay Ater an Se�+er E�3•'Gi5••;" 8D21G ]A Position: CASHSL .h**2:.00 STATE OF WASHINGTON ) 55 as: County of King ) I certify that I know or have satisfactory evidence that _rjYppHlN WIr1LKIL signed this instrument, on oath stated that we is authorized to execute the instrument and acknowledged it as theof 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: Am,- 1! 1484 Tat e PUBLIC I x i•. per•, r0 My appointment expires zS-91 ,, �•. . ,•l:►►��: SOT FYIIS,►'l�� a' g� ECEIVE® CITY of r 4D RAL WAY BUILDING; EPl. : 0 : �•t �. �3i �•r. ', 'ti FEDERAL WAY WATER ADD SEWER : LEGAL DESCRIPTION EXHIBIT 'A' All of Sections 3, 4, 5, 7, 8, 9, 10, 15r 16, 17, 18, 19, 201 All 34, Township 21 North, Rang(. 4 28r 29, 33, and Eastr W.M.; TOGETHER with all of Section 13, Township 21 Northr gange 3 East, O i W.14.; TOGETHER WITH portions of Sections 17, 20, 27, 28, 29, 32, 33, 4 East, W.M.; 34, and 35, Township 22 North, Range rl TOGETHER WITH portions of Sections 2, 6, 11, 14, 23, 26, 30, 31, 4 East, W.M•; 35, Township 21 North, Range Oand TOGETHER WITH portions of Sections 2 and 3, Township 20 Northr Range 4 East. W.M.; 11 10, llr 12, 14, 15, 23, TOGETHER WITH portions of Sections 21 North, Range 3 East, W.M.; 24, and 25, Township More particularly described as £oll3ws: : lthe ineOf Section Beginning at the intan9ec41Easbf theW.Knorth, centerLine Of and Township 21 North, known as 56th Avenue South; Grand View Boulevard, also ard View gPennsylvania the lAvenue, ne of ralso know noaseSourdthto itsnintersection with 348th Place; Thence Southerly along the centerline of Pennsylvania Avenue, and S6th also kSauthastooits intersection with GrandeViewt3aulevard; Placeh of Grand View Boulevard, Thence southerly along the centerline ts ad 57th Avnue South narth�lineiaf Intersectionswithhtheenue wssterlyhexpension oEethe In TO £ as rrecords Lotecorded 24, of of KingraCountye ll£Heinclusive,hts, agesMock12a,thr ughita Plats, pages pl& Washington; ion nd line ofesaid Lote24ytolthe northeastecornrly ertOfssaidaLott24;north lines of ts 24 34 ThencO �,therly lineoof Lott34 Block incluaiveof saldlong Blockh83,atoethe south 83, of rovita Heights; a i i 2 Thence westerly along said south line of Lot 34 and the westarly extension of said south line to its intersection with the centerline of Grand View Boulavard, 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, Black 146, of said Jovita Heights; Thence easterly Tong said westerly extension and saLd north line of Lot 6 to the northeast corner of said Lot 6; Thence southerly along the east line of 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 tieing the southeasterly lines of Lots 27 through 36 inclusive, in said Block 146, Jovita Heights, to the southwest line of said Lot 36; T1,ence southeasterly along the southeasterly extension of the southwest line of said Lot 36 to the centerline of Ohio Drive; Thence southerly along the eentorline 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, Block 146 of said Jovits Heights) Thiance extension he westernnmargins ofrOhio ly lDrive, also beong'said south fngtthe yo 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; on and the oTitncefesaideLote0 1tolong said westerlthe most easterly corner inorth line Of Lot 10; Thence southwesterly along the acu th line of said Lot 10 and its southwestavlY alsoto tkn❑wnease55thnwith the Place south; Thence southeasterly along said western margin also being portions of the eastern lines of Lots 15 and 16, Black 144 of said Jovita Heights, to the most easterly corner of said Lot 16; .;.r „ ,sj ,., 'W - 3 - Thencas th South, r3lnorthwesterly corner of y across Ohio Drive, sLot n., Block5143, of e tothemost said Jovita Heights; Thence northeasterly, southerly and southwesterly along the lines of said Lot 1, also being the southern and western margins of Oregon Drive, •thich is also known as 56th Place South, to the most southerly corner of said Lot 1; Thence continuing southerly along the western margin of Oregon Driv, also being saideJoviLa Heights,1etoathe st ls utherine ofn line ofdsaid BLot �143, in 3; Thence westerly along the south Line of said Lot 3 to its p intersection with the easterly line of Lot 4, Block 143, Jovita e4 Heights; N Q Thence southerly and southwesterly along the easterly line of Lots 4 through 13, inclusive, to the most northerly corner of 4 Lot 26, Block 143, Jovita Heights; G7 Thence southeasterly along the northeasterly line of Lots 26 M through 35, inclusive, to the northeast cornet of Lot 35, BBlloc 143, Jovita Heights; Thence southwesterly to a point on the northwesterly line of Lot rBlock ,Jcorner oeofhts, which 3Is 250 feet northeasterly ofthe southwest f said suthasterly thO esthling corneroot'36 rhereofr Thence South 00013151" West to the intersection with the north line of the south th1/22nof the eastNorthwest 1/4 of section 35, Township Thence 0a4terly along said north line to its intersection with the northerly extension of a line which is 120 East easterly of and parallel with the West line of Lot 8, Block 18, C. 0. Hilman's Pacific City Addition to City of Seattle, Division No. 1, according to the plat thereof unrecorded in Volume 13 of Plato, page 64, recards of King County, Washington; Thence southerly along said northerly extension and said parallel lies to its intorsection with the south line of said Lot 8; Thence westerly along said south Line to the northeast corner of Lot 5 of said Bloc'. 18; Thence soi:therLy along the east line of said Lot 5, a distance oe 100 feehT - 4 - Thence southwesterly to the intersection of the east line of Lot 4 of said %Luck 16, with a line 150 feet northerly of and parallel with the south line of said Lot 4; Thence westerly along said parallel line to its intersection with the west line of said Lot 4; Thence southerly along said west line to the southeast corner of Lot 3 of said Block 18; Thence westerl'i 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; C Thence southerly along said northerly extension and the west *4 line of said Lot 11 to its intersection eith a line which is 150 feet southerly of and parallel with Fhp north line of said Lot [BIZ 11; Thence easterly along said parallel line to its intersection with the west line of Lot 10 of said Block 11; cn Thence southerly along said west line to the northwest corner of Lot 5 of said Block 171 Thence easterly along the north line of said Lot 5 to the northeast corner thereof; Thence southerly alonot the eofast line of said Lot 5 to the northwest orner 17, Thenca easterly along the north line of said Lot 6, a distance of 240 feet; south e Of id Lot 6 Thence iso275efeet teasterly o£o a point nthe esouthwest na cornerthereof; Thence southerly at right angles to the south line of said Lot 6, a distans.� of 30 feet to the north line of the South 1/2 of the Southwest 1/4 of said section 35; Thene is feetceasterly lOfathe gwest 11nesaid tOflthe East 1/2ine to a nofwthe h350 said Southwest 1/4; h line South OfeSoutho1/2 ofy ythe saidSouthwest to a int an the tf450efeat 1/2 eaaterly (as measured along said no1/4which is rth line) of the said west line at 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; 5 - Thence westerly along said south line of said Section 35 which Is also the north line of section 2, 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 Company right-of-way); Thence ,o.+r`westerly, westerly and northwesterly along the north margin of hhe Puget Sound Electric Railway right-of-way (Puget Sound Power and Light CampanY right-of-way) to the intersection with the north line of Section 3, Township 20 North, Range 4 East, W.hi., which is also the south line of Section 34, 'township 21 North, Range 4 East, W-84 ❑ 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.; 1In Thence northerly along the west line of said Section 32 to the ❑ intersection with the southwestern boundary line of King County; 0 Thence northwesterly along said southwestern boundary of King County thr:rugh Section 31 and Section 30, Township 21 North, W.M-, ito lineralsolon beingttheheastslinenf Of Section 25, Township 21 North, Range 3 East, W.M.; Thence continuing northwesterly along the southwestern boundary of King County through Sections 25, 24, 23 and 14, Township 21 Borth, Range 3 East, H.H., to its intersection with the west line of said Section 14; also beingtheeast liae of Section 15, Township 21 North, Range 3 East, Thence continuing northwesterly along the southwestern boundary of King County to its intersection with the west line of Government Lot 2 in said Section 15; Thence said sectionn15tto the herly anorthwest corner long said west iof said Government Lot ne of Government Lot 2 2'; Thence easterly along the north line of said Government Lot 2 of Section 15 to Its intersection with the east line of said section 15, said ease line al.io being the west line of Section 14, Township 21 North, Range 3 East, W.M.; Thence continuing eastecly along the north line of the Southwest 1/4 cf the Northwest 1/4 of said Section 14 to the northeast •corner of said Southwest 1/4 of the HoGthwest 1/4 of Section 14, said point also tieing the southwest corner of the Northeast 1/4 of the NoLU%,:iat 1/4 of said Section 14; -6- Thance northerly along the west line of said Northeast 1/4 of the Northwest 1/4 of Section 14 to the northwest corner of said Northeast 1/4 of the Northwest 1/4 of Section 14, said point also being the southeast corner of the Southwest 1/4 of the Southwest 1/4 of Section 11, Township 21 North, Range 3 Cast, W.l1.; 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, Township 21 North, Range 3 East, W.M•; Thence continuing westerly along the south line of said Section 10, a distance of 554.34 feet; e+l tY Thence northerly parallel to the east Line of said Section 10 to 8 the southerly margin of Ingram Drive, also known as Southwest 31fith Place, as it existed September 1, 1981, 30'feet Ln width; Thence northeasterly along said southern margin of Ingram Drive pto a point of intersection with the east line of said Section ill 10, 31so being the west line of Section 11, Township 21 North, Lt1 Range 3 East, W.M.; Thence aid Section to northwest ucorner ofothe ng tSouthwest he west i1/4tle oofsthe Southwest 1/4 e 1/4 of hwest thesaidSection Northwestl1/4sofdtheinc also Southwesteing 1/4 OfesaidtSectiono11; of Thence easterly along the south line of said Northwest 1/4 of ofesaidthwest 1/4 of Northwest 1/45Of the Southwest 1/4ection 11 to the tof€said fthe s 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 to its intersection with the centerline of Puget Sound Marine View Drive, also known as Southwest Dash Point Road; Thence 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 the west line of the Northeast 1/4 of the Southwest 1/4 nE said Section 11; Thence north.9:17 along said line 60 feet east of and parallel to the west line of the said Northeast 1/4 of the Southwest 1/4 to the East-West centeriiae of said Section 11; Thence easterly along tho east -west centerline of Section 11 to a point 596.65 feet west of the southeast corner at the Northwest 1/4 of exld Section 11; - 7 - Thence northerly along the west line of the east 546.65 feet of said Northwest 1/4 of said Section 11 to its intersection with the south line of numas Heights, according to the plat thereof recorded. in Volume 63 of Plata, page 17, Records of King County, Washington, - Thence easterly along said south line of Dumas Heights to its intersection with the ea-.z line of said Northwest )./4 oc said Section it; 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; G 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; '4 Thence westorly along said south line of said Lot 16 and the psouth lines oC Lots 15, 14, and 13, to the most westarly line of said Plat of Schade Palisade Beach Estate; Q7 Thence northerly along said west line of said Plat of Schade Palisade Beach Estate to the line of high tide of Puget Sound; Thence northeasterly along said high tide line to its intersection with the north line of Section 12, Township 21 North, Range 3 East, W.M.; Thence easterly along the north line of said Section 12, also being the south line of section 1, Township 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 Fast, W.M.. to the Government Meander Line, also the northwest corner of Government Lot 2 in said section 1; Thence easterly along the :overnment meander Line, also being the north line of Government Lot 2 and Government Lot 1 in said Section 1, to the Meander Corner on tho east line of said Section 1, also being the west line of Section 6, Township 21 North, Range 4 Ease, W.M.; Thence northerly along the west line of said Section 6 to the line of Extreme 'Low Tide of P�iget Sound; , t - S - Thence saslerly and northeasterly along said line of extreme low tide of Puget Sound to its intersection with the east line of said Section 6, ' 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 lino of Government Lot 4 in Section 5, Township 21 North, _ Range 4 East, W.H.; j 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 south line of Government Lot 5 of Section 32, Township 22 Nurth, Range 4 East, W.M.; Thence nor0easterly and northerly along said Government Meander p Line to :.ts intersection with the north line of Section 32, r.j Township 22 North, Range 4 East, H.M., said line also being the C+2 south line of Section 29, Township 22 North, Range 4 East, W.H.; D CI! Thence continuing northerly along said Government Meander Line r4 to is intersection with the East-West centerline of said Section 0 29; Thence westerly to the westerly line of the Second Class m Tidelands of Puget Sound; Thence aort;jerly 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 parallel with the south line of Government Lot 2 in said Section 29; Thence easterly along said westerly extension of said line which is 4e4 feet north of 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 franking '• Government Lcts 2 and 1, section 29, Township 22 North, Mange 4 East, W.M., Government Lots 1 through 4, Section 24, Township 22 1 North, Range 4 East, W.H., and Government Lots 4, 3 and 2, Section 11, Township 22 North, Range 4 East, N.M., to its intersection 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; Thence southerly along said centerline to the centerline of South 230th Street; �4 E'1 e� U1 d CD OD A 9 Thence easterly along said centerline to its intcrsection with the west line of the west 200 feet of Tract 50, 0©s Moines 2-Acre Tracts,_accordi,ig Lo the plat thereof recorded in volume 10, page 67, records of King County, Washington, extended northerly; Thence southerly along said northerly extension and said west line to the south line thereofr Thence easterly along said south line to the east line thereof; Thence northerly along said east line and said east line extended northerly to its intersection with the centerline of South 230th Street; Thence easterly along said centerline to its intersection with the centerline of 10th Avenue South (Bay View Avenue); Thence southerly along said centerline to the south line of said Des Moines 2-Acre Tracts; Thence westerly along said south line to its intersection with the eas': lino of the north 497.75 feet of the NW 1/4 of the SW 1/4 of the SE 1/4 of Section 11, Township 22 North, Range 4 East, W.M.; Thence southerly along said east line to the south line thereof; Thence westerly along said south line to its intersection with the centcrline of Marine View Drive South; Thence southerly and southeasterly along said centerline to its intersection with the westerly extension of the northerly margin of South 240th Street; . ' 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, accoraing 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 oY Xing County, Washington; Thence easterly along nald north line to the east line thereof; I - 10 - Thence southerly along said east line and said line extended southerly to the centerline of South 242nd Street; Thence westerly along said centerline to its intersection with the northerly extension of the east line of Block 40 of said Plat of Des Floines 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 Hoines according to the plat thereof recorded in Volume 4, page 90, Records of King County, Washington; Thence southerly along said centerline to its intersection with the centerline of South 249th Street as platted in said plat; Thence westerly along said centerline to its intersection with the centerline of 10th Avenue South; 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, Township 22 North, Range 4 East, W.H.; Thence easterly along said north line to the east line thereof; Thence southerly along said east Iiie and the east line of W 1/2 of the t2E 1/4 of Section 29, Township 22 North, Range 4 East, W.M., to its intersection with the centarline 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 W odmont Park, Division No. 1, as recorded in Volume 25 of Plata, page 48, records of King County, Washington; Thence southeasterly along said northwesterly extension to the northwest corner of Lot l; Thence southwesterly and southerly along the west line of Lots 1, 2, 3, 4, 5, and 6 of said Woodmont Park, Division No. 1, and the southerly 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 tle north -south centerline of Block 39, Woodmont Beach, according to the plat recorded in Volume 22, page 30, Records of King County, Washington; Thence southerly along said northerly exteneion said north -south centerline, said centerline extended southerly, north -south eanterline of blcck 47 of said plat to its intersection with the north line of Lot 15 09 said Block 47; ' Thence easterly along said north line along said line extended easterly 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; . r! • v t� O I m 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 Section 33, Township 22 North, Range 4 East, W.H.; Thence easterly along said north line and the 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; 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; Thence easterly along said north line to the northeast corner thereof; Thence S 26.2812011 E, 292.22' r❑ the most westerly corner of Lot 10, Unrecorded ?lat of Redondo Heights (most northwesterly corner of Scarborough Division No. 2 according to plat recorded in Volume 132, pages 47 and 48, Records .of icing County, Washington); Thence North 52016120, East along the northwest line of said Lot 10 (northwesterly line of Scarborough Division No. 2) and its northeasterly extension 1,138.00 feet to its intersection with the centerline of South Star Lake Road, also known as Ring county Road No. 1969; Thence northwesterly along the centerline of South Star Lake Road to its intersection with a Tina extended southwesterly at right angles to the northeastern margin of South Star Lake Road from the most wasterly corner of Lot 2 in said Unrecorded Plat; Thence North 53.291550 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 Lot 2; Thence North 48.57'1" East, a distance of 743.27 feet along the northwest line of said Lot 2; sM r - 12 - Thence North 87*36130" West, a distance of 286.48 feet; Thence North 48"51'14" East, a distance of 442.29 feet to the south margin of South 272nd Street; Thence South 87"36'30" East along said south margin a distance of 327.80 fret to the west margin of Interstate Highway No. 5; Thence northerly along said west margin 50 feet more or less to its intersection with the north line of said Section 33 which is also the south line of Section 28, Township 22 North, Range 4 East, «.M.; Thence South 87"36130" East along said south line a distance of 375 feet pore or less to 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 Stato 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, Thence easterly along said north line to the east line of said Section 28 which is also the west line'of Section 27, Township 22 North, Rango 4 East, W.M.; Thence continuing easterly along the north line of the South 1/2 of tha Southwest-1/4 of said Section 27 to the north -south centerline of said Section 27; Thence southerly along said North -South centerline to the south 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 seid 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 Narthwast 1/4 of the Northeast 1/4 of said Section 34; Thence southerly along said east line to the south line of said Northwest 1/4 of tho Northeast 1/4; Thence westerly along said south line to the North -South centerline of said section 341 n - 13 - Thence southerly along said North -South c.3nterline to the north line of the Southwest 1/4 of the Northwest 1/4 of the Southeast 1/4 of said Section 34; Thence easterly along said north line to the west line of the East 1/2 of the ,;oethwest 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, Township 22 North, Range 4 East, W.B.; 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; 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 section 35; Thence southerly along said west line to the north line of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of said section 35; Thence easterly along said north line to the east line of the west 150 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 114 of said Section 35; Thence easterly and parallel with the south line of sai4 Section 35 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 3S to the north line of Section 2, Township 21 North, Range 4 East, t'.M.; Thence continuing southerly parallel with centerline of 56th Avenue South a distance of 300 feet; Thence easterly and parallel with north line of said Section 2, a distance Of 90 feet; - 14 - Thence southerly and parallel witn centerline of 56th Avenue South, a distance of 150.96 feet; Thence easterly and parallel with north ltnn of said section 2 to the was= 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 Section 2; Thence south along a line 1,108.8 feet west of and parallel to the east line of said Section 2 to the intersection of a line 1,236 feet north of and parallel to the south 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; O Thence southerly parallel to the east line of" said Northeast 1/4 to the intersection with the northern margin of Meredith Road G (65th Avenue South); Thence easterly along the north margin of Meredith Road (65th Avenue South) and the easterly extension of said north margin to the east line of the Northeast 1/4 of said Section 2; 0� m 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; Thencr 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 of 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 line of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of -said Section 2; .iT ., 4-1 ' - 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; Thence aoutherly along said east line to its intersection with the north tine 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; Thence westerly along said south line to its intersection with the east line of the west 1/2 of the Southeast 1/4 of said section 2; Thence southerly along said east line to its intersection with the south line of said Section 2, which is also the north line of section 11, Township 21 North, Range 4 East, N.U.; Thence continuing southerly along the east line of the Northwest (� 1/4 of the Northeast 1/4 of said Section 11 to the south line therecfi Thence westerly along the south line of the Northwest 1/4 of the G Northeast 1/4 of said Section 11 to the North -South centerline of said Section 11; Thence continuing westerly along the north line of the Southeast 1/4 of the Northwest 1/4 of 'said section 11 to the west line thereof= Thence southerly along the west line of said Southeast 1/4 of the Northeast 1/4 to the East-West centerline of said Section 11; Thence easterly along said East -Nest 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 SaecionSout, also beingftheinorthtlineloftSection 14i, Towashipg21 North, Range 4 Ease, W.N.r I 16 Thence continuing southerly along the east line of Northwest 1/4 of Northeast 1/4 of said Section 14 to the southeast corner thereof; Thence westerly along the north line of the Southwest 1/4 of the Northeast 1/4 of said Section 14, a distance of 39.1 feet to the northwest corner of Lot 1, Plat of Hi -Crest as recorded in Volume 59 of Plats, page 32, records of King County, Washington; Thence sauthwestarly along the westerly line of said Plat and Plat of Hi -Crest No. 2 as recorded in Volume 64 of Plats, page 58, 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 120551150 West to the centerline cf Mt. View Drive; Thence southurly and westerly along the centerline of Mt. View Drive to the west line of Southeast 1/4 of Section 14, Township 21 North, Range 4 East, W.r., also being the east line of the Southwest 1/4 said Section 14) Thence southerly along said west line 264.69 feet; Thence westerly along the easterly extension of the south line of Tract 73 and the southerly lines of Tracts 73 and 74 of West Auburn rive Acre Tracts as recorded in Volume 15 of Plats, page 12, records of King County, Washington, to the east line of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of said section 14; Thencw southerly along the east line of said West 1/2 of the Southeast 1/4 of the Southwest 1/4 to the south lins of said Section 14, also being the north line of Section 23, Township 21 North, Range 4 East, W.N.; Thence westerly 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 BEGIHNING. V. �C G r� H O � � . i f } FHWZ WAY mm mW SpM DlSTW r•y►+ R * SEWfR DIVISION P. 0. Ear 4u9 ; Fo4ml Wry. WA 98043 .r Retura Address., Carmen G. Hayward Cush= 8t Dam 1420 Fifth Ave. 33' Floor Scattle WA 9810t COVERSHEET to Document Title: DEED OF TREIST w A Grantor(sN: CAMPUS GATEWAY ASSOCIATES, a Washington limited partnership tv C' all Grantee. THE CITY OF FEDERAL WAY Legal Description: Portion of the North Hairorthe Northeast Quarter of Section 20, Township 21 North Range 4 East W.M. In King County Washington. Additional legal descriptions are an pages 1 and 2 of the document. Assessor's Property Ta: Parcel Account Number. 202104.9070 202104-9002 c%- yreaw -Ax RECEIVED :r f• AUG 4 7 ZOOT %l7Y OF FEDERAL WAY i l� This Spaee Ratetred for Reeordera Usa ME FOR RECORD AT REQUM OF: I j City of Federal Way j AFFER RECORURro MURN TO: t t City of Federal Way 33530 First Way South ' Federal Way, WA 98003 A Attn: Londi K. Lindell, City Attorney OT 0 .4 11FIM DE 3MUST I THIS DEED OF TRUST, made this 1_ day 4, 19 between CAMMS GATEWAY- ASSOCIATES, a Washington invited partnership, Grantor, whose address is 1026 Bellevue Way, S.E., Bellevue, Washington 98004, CHICAGO TITLE ; INSURANCE CO., a Missouri Corporation, Trusted, whose address is 701 Fifth Avenue, SUi1C 1700, ScaWc, Washington 98104, and THE CITY OF FEDERAL WAY, WASHINGTON, a Washington municipal corporation, Beneficiary, whose address is 33530 1st Way South Fudcral Way, Washington 98003, 1 WITNESSETH: Grantor hereby bargains, sells and conveys to Trustee in Trust, with power of sale, the following described real property its King County, Washington: Parcel A: I The East 319 feet of the North half of the Northeast quarter of the Northeast quarter of Section 20. Township 21 North, Range 4 Fart, Willamette Meridians, in King County. Washington; u.Msuar.at • 1- ORIGINAL EXCEPT the North 42 feet th=f conveyed for road by deeds recorded under recording number 741001IM37; and EXCEPT that portion thereof lying within primary State Highway Number I (P=.if c Highway South) as conveyed by dccds morded under recording numbers 1718234 and 3715474;and i EXCEPT the Fast 223.6 feet of that pord(m of.the South 223.6 feet of the North 265.6 feet of the Fast 319 Net of the North half of the Northeast quarter of the Northeast quarter of section 20, Township 21 North, Range 4 East, Willamette Meridian, lying westerly of primary State Highway Number I (Pacific Highway i South) as oanveyed by deed recorded under recording number 1778234; I (Also }mown as porEm of parcel B of King County Lot Line Adjustment Number 981007, recorded under recording number 88 12 200 907.) Parcel B: ;n The West 280 feet of the East 599 fact of the North half of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, lunge 4 East, rt Willamette Meridian., in King County, Washington; ` EXCEPT the North 42 feet thereof conveyed for mad by deed recorded under recording number 7410080037. (Also imown as portion of Parcel B of Icing County Lot Line Adjustment Number 881007, recorded under recording number 8812200807.) '. Parcel C: The Northeast quarter of the North west quarter of the Northeast quarter of Section 20. Township 21 North, Range 4 Past, Wiltameac Meridian. in King County. Washington; Also tic North half of the Northeast quarter of the North nst quarwr of said Section 20; EXCEPT the East 399 feet of said North half; and EXCEff that portion thereof lying within the North 42 feet of the Northeast qu=r of said Section 20 as conveyed for road by deed recorded under recording r number 7410090037. ]1g"Witl -2- a which real property is not used principally for agricultural or farming purposes, together with all the tenements, herediments, and appurtenances now or hereafter Ihereunto belonging or in any wise appertalning, and the rents, issues and profits thereof. This deed Is for the purpose of securing performasrce of each agreement of Grantor herein contained, anti payment of the sum of Sixty Thousand Dollars (360,DDO.00) with interest, in accordance with the terms of a.promis wry note of even date herewith, payable to Beneficiary or order, and trade by Grantor, together with interest thereon at such rate as shalt be agreed upon. To protect the security of tbis:Deed of Trust, Grantor covenants and agrees: 1. To keep the property in good condition and repair; topermit no w= thereof; and to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affcuting the property. 2. To pay before delinquent all lawful taxes and assessments upon the property; (0 keep the property free aril clear of all othcr charges, liens or encumbrances impairing the security of this Deed of Trust. 3. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustrc, and to pay all costs and expenses, including cost of W4 title search and attorneys' fees In a reasonable amount, in any such action or proceeding, and in r any suit brought by Beneficiary to foreclose this Deed of Trust. r 4. To pay all costs, fees nod expcnses incolu: donwith this Iced of Trust, including the expenses of the Trustee incurred in utfoming Chu obligation secured hereby and Trustee's and attorneys' fees actually inLurred, as provided by statute. 5. Should Grantor fail to pay when due any taxes, assessments, liens, encumbrances or other charges :against the property hereirabovc described, Sertericiary may pay the same, and the amount so paid, with interest at tiic rate sct forth in the note secured hereby, shall be added to and become a part of the debt secured in this Heed or Trust. G. In the event that any payment or portion thereof is not paid within f 11mn (15) days conunencing with the date it is due, Beneficiary may collect, and the Grantor agrees to pay with such payment, a -late charge" of two cents (S.02) for each dollar so overdue as liquidated damages for the additional expense of handling such delinquent payments. ]ANMM07.Rt -3- 0 al 1T 1S MUTUALLY AGREED THAT: 1. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so scoured or to declare default for failure to so pay. 2. The: Trustee shall neconvey 4 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 reeonveyance made by the Beneficiary or the person entitled thereto. 3. Upon default by Grantor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, all sums secured hereby shall immediately become due and payable al the option of the BUCECIary. Ire such event and upon written request of Beneficiary, Trustee shall sell the trust property, in accordanet with the Iced of Trust Act of the State of Washington (as amended), at pub Ile auction to the highest bidder, Any person except Trustee may bid at Trustee's sale, Trustee shall apply the proceeds of the sale as follows: (1) to the expense of the sale, Including a reasonable Trustee's fee and attorneys' fee; (2) to the obligadim secu.rrd by this Deed of Truss; (3) the surpius, if any, shall be distribuled to the persons entitled thereto or may be deposited ¢ess clerk's filing fee) with the clerk of the superior court of the county in which sale takes place. 4. Thutee shall deliver to the purchaser at the sale its dccd, 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 oust, and such as he may have acquired utereaftex. Trustee's deed shall recite the facts showing that the salt was conducted in compliance with all the requirements of law and of this peed of Trust, which recital shall be prima facie evidence of such ccmp]iatimand conclusive evidence thereof in favor of bona ride purchasers and encumbrancers for value. 5. Thc power of sale conferred by this Reed of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive remody; Beneficiary may cause this Dced of Trust to be foreclosed as a mortgage. In the event that this laced of Trust is foreclosed as a mortgage and the property sold at a foreclas'ure sale, the purchaser may, during any redemption period a]lowed, make such repaits or alterations on said property as may be reasonably necessary for the proper operation, care, preservation, prolec6on and insuring thereof. Any sums so paid together with interest thereon from the time of such expenditure at the highest lawful rate shall be added to and bccomc a part of the amount requited to be paid for redemption from such s-de. b. in the even. of the: death, incapacity, disability or resignation of Trustee, Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the mongagc records of the county in which this Dmd of Trust is maorded, the 2A1MMM30 -4- I successor uustx shah be vested with all pourers of the origM Trustee. The Tmstx is not obllpted to notify any patty hereto of ptxtding sale wWar any other Deed of Trust or of any action or protacding in which (Imntor, Trustee or Satfidary shalt be a party unless such action or proceeding b brought by the Trustee. T. Thiv Deed of Trust applies too inures to the benefit of, and is binding not only on the patties htrcto, but on dwir,bdrs, devisees, legatees, adrninlstrawrs, cxeeutors, its and assigns. The term Denefnciary shag meat: the holder and owner of the note so:utsd hereby, whetht r or not named as Beneficiary herein. 8. Beneficiary agrxs to request Trustee to rexonvey this Dwd of Tntst upon written rr mi by Grantor, es tv any portion of the property, upon payment by Grantor to Beneficiary of such portion of the total then- Outstanding indebtelnew seeurod by this Deed of Trust as bears the same ratio to the entire then -outstanding indebtedness secured by this Deed of Trust as tht portion of the property nxi=tcd to bt reaonveyed bears to the entire property originaliy encumbered by this Dead of Trust. 9. Time is of the essence hereof in connection with all obligations of the Grantor herein or in said note. By asecpting payment of any sum secured hereby after its due date, Beneficiary does not waive its right eMcr to require prompt payment when due of all other sutras :n so smurtd cr to declare default for failure so to pay. CAMPUS GATEWAY ASSOCIATES, a Washington Grdited partnership OZ� Its: VATS OF WASE NOTON ) • 1 • ) ss. COUNTY Old ) on th' day of 197� before me pa wa)y appeared - - , to me lrnown {ar proven ats the• basis of satisFartory rrldnoe) to bo .---- CAM US GATEWAY ASSOCIATES, a Washington - .Azi—�Of limited partnership. tht parmarsMp that exec w the tivithln and foregoing instrument and acimowledged said hw=cnt to be the free and voluntary act anfi d=d of said Partnership, for the uus and purposes therein mentioned, and on oath scored thu was authorized to execute said instrument. IN WITNi W WIiEREOP I have hereunto set my hand and affixed my official sea! the day and year first above written. i i NOTARY PUBLIC in and for the State of p Washington, residing at My commission expires �r Print Name a�tiHty, fy i i i; 2UHM0I.RI •'6' . 1 -mum � .-lees; o•; +-ri: -.. be.aroaa. xobr.dwy.ti..�L.s.mryls TO: TRUST Z The undersigned is the Legal owntr and holder of the note and ail other indebtedness sm rod by tht: within Deed of Tent. Said note, together wide ail other indebtednoas secured by sand Deed of Trust, has bets laUy paid an aaUsfied; and you am hereby reque,strd and directed, on payment to you of any sums owing to you under tht terms of said Deed of Trust, to Camel said note above mcrltloned, and all other evidences of indebtedness secured by said Deed of Trust deRverM to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to tha parties designated by the teens of aid Deed of Trust, all tha estate now held by you thereunder. DATED __� ,19_ p Mall rsaonveyance to at r ueutror.ni A -7- • S N. m 0 k Return Address: Carmen G. Hayward Grabam dt Dunn 1420 Filth Ave. 3314 Floor Seattle WA 98101 COVER SHEET 3 Q° rt HDocument Titlr. DEED OF TRUST i i ' i H N Grantor(s)IMortgagors: CHASE, WILLIAM J., TRUSTEE CHASE, JEANETTE M., TRUSTEE p McCLEOD, JOHN H., TRUSTEE MacLEOD,SARAH, TRUSTEE GrantedReneficlary THE CITY OF FEDERAL WAY i k f Legal Description, Portion of the South half of the South halrorthe Northeast Quarter of the Nortbeast Quarter or section 20, Township 21 North Range 4 East W,M.1in King : County Washington, lying Wet orthe Sralkie-Tacoma Highway, except portions. , I Additional legal description is on pages 1 and of domment 4 a � Assessor's Property Tax 202104-9072 g Parcel Account Number. i i Z 1 n t �:ec�.e7�y:dw.yCLreMeGudD7'toraAoa i ECEIVE® 4 7 2007 CiTY.OF FEDERAL. WAY This Spece Remved far Recorder's Use I I - FU FOR RECORD AT REQUEST OF. I ' City or Federal Wry AFTER RECORDING RETURN TO: City er Federal Way 33530 First Way South Federal Way, WA 98W3 Attn: Land! K. Lindell, City Attorney rt r4 DEED OF 333M t* THIS DECD OF TRUST, made this of between WIT. Mm J. CHASE and JEANETTE M. CHASE, h and and wife, as Trustees of G'. the William ]. Chase and leanelte M. Chase Living Trust, and JOHN H. MacLEOl7 and SARAH MacLEOD, husband and wife, as Trusters under the Iohn H. MacLeod and Sarah i MacLeod Family Trust (cclbettively "Grantor') whose address is 336 W. Shore Drive, Carnano Island, Washington 98292, CHICAGO TITLE INSURANCE CO., a Missouri Corporation, Trustee, whose address is 701 Fifth Avenue, Suite 1700, Srattie, Washington 98104, and THE s CITY OF FM- ERAL WAY, WASHINGTON, a Washington municipal corporalion, Beneficiary, whose address is 33530 1st Way South, Federal Way, Washington 198D03, WITNFSSETH: Grantor hereby bargains, sells and conveys to Trustee in Trust, with power of sale, the following described real property in King County, Washingion: That portion of the South half of the South half of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 EiV, Willamette Meridian, in King County, Washington, lying West of the Sezitle-Tacoma Highway as widened by deed recorded September 11, 1947 under recording number 3722662; EXCEPT roads and EXCEPT the following poition: 1 ORIGINAL PC 0 1 I I Beginning at a point on the West boundary of the Seatde•Tacoma highway as it existed on April 27. 1446, 30 feet Northeasterly of a point wlicre the West boundary of Bald highway intersects fhe South line of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 8ait, Willamette Meridian, in King County, Washington; I I Thence West parallel with the South line of the Northeast quarter of the Northeast quarter of said Section 20 a distance of 200 feet; Thence North 00' 10' 12' past to die North line of the South half of I he South half of the Northeast quarter of the Northeast quarter of said section 20 Thence East along said North line to the War boundary of the S� ttle-Tacoma Highway; Thence southwesterly along the West line of Seattle -Tacoma Highway to the point of beginning. which real property is not used principally for agricultural or farming purposes, together with all the tenements, hereditaments, and appurtenances now or hcreafler thereunto belonging or in any wise appertaining, and the rents, issues and profits thereof. i This dead is for the purpose of securing performance of each agreement of Grantor herein C contained, and payment of the sum of Ninety Thousand Dollars ($90,000,0) with interest, in asxortiartsc with the terms of a promissory note of even date herewith, payable to Beneficiary or V4 5s, Norder, and made by Grantor, together with interest themron at such rate as shall be agreed upon. C . To protect the security of this Deed of Trust, Grantor covenants and agrees: i 1. To keep the property in good eonditon and repair; to permit no waste thereof; and to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property. i 2. To pay before delinquent all lawful tastes and assessments upon the property; to keep the property free and clear of all other charges, liens or encumbrances imp2 rinlg the security of this Deed of Trust. ' 3. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expense., including cost of tide search and attorneys' fees in a reasonable amount, in any such action or proceeding, and in any suit brought by Beneficiary to foreclose this Deed of Trust. I s rEs�un.ar •2- e' i Y t t 4. To pay all costs, feet and expenses in connection with this Deed of Trust, including the expenses of the Trustee Incurred in enforcing the obligation secured hereby and Trustee's and attorneys' fees actually Incurred, as provided by statute. 5. Should Grantor fail to pay when due any taxes, assessments, urns; encumbrances or other charges against the property hefeinabove described, B"Priiciary may pay the same, and the amount so paid, with inrerest at the rate set forth In the note secured hereby,; shall be added to and become a part of the debt secured in this peed of Trust. I i 6. In the event that any payment or portion thereof it not paid within f fteen (M days commencing with the date it is due, Beneficiary may collect, and the Grantoragrets to pay with such payment, a'late charge" of two cents ($.02) for each dollar so overdue as liquidated damages for the additional expense of handling such delinquent payments. IT IS MUTUALLY AGREED THAT: 1. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums secured or to declare default for failure to so pay. 2. The Trustee 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 Benefitclary, or upon v4 satisfaction of the obligation secured and written request for rcconvcyancc made by the CBeneficiary or the person entitled thereto. 3. Upon default by Grantor in the payment of any indebtedness secured hereby or in +:� the performance of any agreement contained herein, an sums secured hereby shall immediately became due anpayable e op d ble at the: of the Beneficiary. in such event and upon written request of Ben efleiary 'trustee sha)I sell the trust propsrty. in accordance with the Deed of Trust Act of the State of Washington (as amended), 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' foilows. (1) to The expense of the sale, including a nasonabie Trustee's fee and attomeys' fee; (2) to the obligation secured by this Deed ofTnist; (3) the surplus, ifany, shall be distrihuter to the persons entitled thereto or may be depos1W (less clerk's filing fee) with the clerk of the superior court of the county in which sale tapes place. i 4. Trustee shall deliver to the purchaser at the sale its deed, without W+asranty, 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 have acquired thereafter. Trustee's deed shall recite the facts showing that the sale was conducted in compliance ; with all the requiremenu of law and of this Deed of Trust, which recital shalllbe prima facie Nmwnsl -3- t • i evidemx of such compliance and conclusive evidence thereof in favor of bona fide pdrehasm and cncumbtancers for value. 5. The power of sale conferred by this Deed of Trust and by the Deed �of Trust Act of the state of washiegton is man exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a m o agape. In the event that this Deed of Trust is foreclosed a� a mortgage and the property sold at a foreclosure sale:, the purctaascr may, during any redemption period allowed) make such repairs or alwations on said property as may be r=sonably necessary for this proper operation, rare, preservation, protection and irmring thereof. Any sums so paid together with interest thtreon from the time of such expenditure at the highest lawful rate shall be added to and become a part of the amount required to be paid for redemption from such sale. 6. In the event of the death, incapacity, 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 in which this Deed of Trust is iecarded, the successor trustee shall be vested with all powers of the original Trustee. The Frustec is not obligated to notiijr any pang hereto of pending sale under any other Heed of Trust or bf any action or proceeding in which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. 7. This reed of Trust applies to, inures to rite ben ciit of, and is binding not only on the parties hertm, but on their heirs, devisers, legatees, administrators, executors, suIec:ssors and assigns. 'iiic tem Beneficiary shall mean the holder and owner of the note secured hereby, Gwhether a not named as Dent riciary herein. � v�•t 8. Beneficiary agrees to request Trustee to reconvey this Deed of Trust upon written request by Grantor, as to arty portion of the property, upon payment by Grantor to Beneficiary 0 of such portion of the total then -outstanding indebtedness secured by this Dced of *`rust as bears the same ratio to the entire then -outstanding indebtedness secured by this Deed of Trust as the portion of the property requested to be reconveyed kws to the entire property originally encumbered by this Deed of Trust. 9. Time is of the essence hereof in connection with all obligations of the Grantor herein or in said note. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right either to require prompt payment when duc of all other sums so secured or to declare default for failure so to pay. t GRANTOR: n"AMW.Nr -4- WILT. CHASE, as Ca Trustee the William ]. as and Jeanette Chasc Living Trust o• i evidemx of such compliance and conclusive evidence thereof in favor of bona fide pdrehasm and cncumbtancers for value. 5. The power of sale conferred by this Deed of Trust and by the Deed �of Trust Act of the state of washiegton is man exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a m o agape. In the event that this Deed of Trust is foreclosed a� a mortgage and the property sold at a foreclosure sale:, the purctaascr may, during any redemption period allowed) make such repairs or alwations on said property as may be r=sonably necessary for this proper operation, rare, preservation, protection and irmring thereof. Any sums so paid together with interest thtreon from the time of such expenditure at the highest lawful rate shall be added to and become a part of the amount required to be paid for redemption from such sale. 6. In the event of the death, incapacity, 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 in which this Deed of Trust is iecarded, the successor trustee shall be vested with all powers of the original Trustee. The Frustec is not obligated to notiijr any pang hereto of pending sale under any other Heed of Trust or bf any action or proceeding in which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. 7. This reed of Trust applies to, inures to rite ben ciit of, and is binding not only on the parties hertm, but on their heirs, devisers, legatees, administrators, executors, suIec:ssors and assigns. 'iiic tem Beneficiary shall mean the holder and owner of the note secured hereby, Gwhether a not named as Dent riciary herein. � v�•t 8. Beneficiary agrees to request Trustee to reconvey this Deed of Trust upon written request by Grantor, as to arty portion of the property, upon payment by Grantor to Beneficiary 0 of such portion of the total then -outstanding indebtedness secured by this Dced of *`rust as bears the same ratio to the entire then -outstanding indebtedness secured by this Deed of Trust as the portion of the property requested to be reconveyed kws to the entire property originally encumbered by this Deed of Trust. 9. Time is of the essence hereof in connection with all obligations of the Grantor herein or in said note. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right either to require prompt payment when duc of all other sums so secured or to declare default for failure so to pay. t GRANTOR: n"AMW.Nr -4- WILT. CHASE, as Ca Trustee the William ]. as and Jeanette Chasc Living Trust o• i M. CHASE. as Co- wc Ar TtU#M of the William Chase and I== bf. C3= Living TF= /--1 +4 LIM H. MadSOD, x, Co-TaMm unda the John E. Mzctwd and Sank MwIAod Family Tw $ARM, Mkd:E0D. R5;CA)-Truitr-- uodw the John H. M=Lcod sad Smah MulAod Family Tru5t STATE OF WASMNaroN 5S. LM COUNW OF 0 CIO On this day palatally appewed before me WILUAM J. CHASE to roe Knmr w be the individual docnIed In and who exalted Ow wlWa and foreping Insitumcat, and acknowledged jC am he dped the same as his tree and voluntary act and deed. for the uses Mid purposes diercin mentioned. Given under my hand and official seal this of N Mdt In a w1wington. rtmdint lal My commission explecs Pont Nuns - 11MM07.02 -5- I e ' � 1 i 1 t _1F,ANUM MI CHASM, as CD - Trustee of the William J. Chase and Jeanette M. Chase Living 1 Trust H. Mad-BOD, as CaTrustcr- under the John A. MacLeod and Sarah MacLeod � amlly Trust I ` ARAH MwIWD, as Co.'Truuee_. under the John 9. MacLeod and Sarah Macleod � amity Trust STATE OF WASWNGTON ) ) Ss. v COUNTY OF ) ell c+ On this day personally appmtd irefom me. WILLIAM J. CHASE tome known to 6e the individual described in and who executed lhe,%ithin and foregoing Instrument, and acknowledged C ft he signed the same as his free and voluntary aetand dead, for the rises ind purposes therein mentioned. this day of Given under my had and official seal NOTARY -PUBLIC in dnd for the State of Washington, msiding at! My commission expires I Print Name: i St"NW.w -5- 00/17/99 1S:34 PAZ 919 401 0570 note= STATE OF wASi@ OTON ) Coum of On thu dtyperwazlly &*mW befmv me IRAMn M CHAS2 to me brow to ba me.. lruiMcirui nema: W in rind %v%o cucuttd dw within and foregoing Wwuirrrnt, and w.tmmledd thu ft SiW tht Fame aF hrs frm 4irA volunY,uy w ad derd, for tine nso and peerptM &vein MM&fgd- jl oivt n oWer my hmd ad amchll sea! drib !� day of -TaG , 19 Vio-wal9 .i'lalbin}4an. MIdlneat • - �,. , My=milgon res Print Nwg Cw�r�ortdrn 5['ATI! OF VHkSlHt2MN ]� a3 l a t � s N On dria day p zm mBy append before me JOHN U. MacLEOD to ate LMwn to be the pirdiwidual dcam-bed in and who cancnund ft wiNn and fvmping insitutr=k and aeknowlcdrtd 10, that he ogried the samc t3 his frvs end rolunru7 in and dmd, for ncc usss arras purpow rhosan mpRioOed. ' Given undo my NM and official scat this . „a day of .. g. _ � j y 4 $ n� a . r, == Mc MA �, za W tarrrn. nor M 2e,199a � Pri yrMwaa s -6- I STATE OF WASMGTON COUNTY OF j u. On tltit day parsona,tiy appdred barom me JLWZi'1'tti bL CHASE to me known to be Iht Indivldttal IIK iW in and why exctr W the within trod foregoing instrument, and acknowfted On Site sided the same 0.q Itrn for. and voluntary tact and dad, for the uses and lwrposes therein mentioned. Given undo my head and omdal ee>f this day of NOTARY PU8LIC In and for the Slate of Wasbinatom resldlneAt L l MyCommtuiaaexores i p tNam I clA Lt P-a n`xjtl1 STATC OF VhY9ffN* TON ) COUNTY Or kA-Waes ) On this day perxnaily appeared Wote me101IN 11. MacLEOD to nx known to be Ute NiAduai d=n'brd in and who ex cz tcd the within and foregoing im[ru=nt, and ecknowlcdgoi that he signed tht ssmc as hit f= and valu=.ry act and dwd, far the uxj and puepoxai therein mentioned. ! Given under my bend and official 3W this 07A day of .X11,9 _. r 19 CaoQLgl rttr NOTARY A BUC in and for the Voa of 4WAMjA rwtuy�aox-Caimma Washlop . r=idini al as , sI to- tas eta Mr-W?M bly curnmissian cxpird WA 7rye:mtn.erpkrM ib.t44a Faint Narnu G i tINIMOl.R -6- t t.CtZi ge. Li H1r cid em mLoW 4 =43M t{10 ZDMZi s o• I E , SL iCOUNTY OF Los cr eht thla day icy Mewed bdbx me SARAN MICU03A to M Gabe she E d In anR �M+arreaHtd lhaivllhln and faTe�oing iatfeurtatist and ri'D'*wledged j. = he dined tht sues u hls Free mue voluntAfy ace And dW. for the um and purposes therthi j auntiosu�d. � � Given under my hand and GMCW seal thlc day of ► U AI G 3y_?_& NOTARY PtMUC In rand fOt ft Snte Of ,y 3 V, rrsldla�at�. r+man k My commWlon sxplrei LOS enw� ��voe pfttr <d&QL a a�►�.t I -- N 4 w1 H � f O I 3 . i tS 2t 96. Lt Nlf 9Td M H1OC6 9 9 TI T lk �.sor� 7afardc�yrW rotrfw Eeoe p.id. TO: TRUSTEE. The undersigned is the legal owner and holder of the ttotc. and sll other indebtedness swurW by the within Deed of Trust. Said note, togelhcr with all other indebtedne w secured by said Deed of Trust, has bean'fay paid an satisfied; and you are. hereby requested and directed, on paymexmt to you of any sutras owing to you under &e terms of said Deed of Trust, to cancel said note above mendoacd, and nil other esvidencrs of indebtedness secured by said Dad of Tout delivered to you herewith, together with the said Deed of Trust, and to recanvey, without wzrranty, to the Faks designated by the tams of said Deed of '±'nut, of t the estate Row held by you thereunder. DATED 1 19_ 1 Mail reconveyarme to , ri Y oA wt rl , r1 r f rroismr.su 4- s 01 l 2! I 3i 41 I 5� i A 6 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNT) N r LAKEHAVEN SEWER DISTRICT of:11 King County, a MunicipalCorporation of the State of Washington, } Petitioner, ) 101 ) V. ) 11! ) I HARRY O. SAMPLE and L£1IPI D. ) 12i SAMPLE, his Wife; IRIS STRONG; ) MARTIN L. SLISCO and JANE ) SLISCO, his wife; ANDREW ) 131 SLISCO and SANDRA SLISCO, his ) wife; WAYNE B. KNIGHT and ) 14: DAGMAR Q. KNIGHT, his wife; ) B2g16IG3 GEORGE HAFFNER and JOAtI HAFFNER, ) 15: his wife; ARNOLD TAMA, SAFECO } NO TITLE INSURANCE CO., INC.; ) pFi3Rx.`c3 16: HOOD CANAL STATE BANK; WEYERHAEUSER REAL ESTATE ) ) LIS PENDENS - i COMPANY; V 6 V ELECTRICAL 17: ) ) Co., INC.; METROPOLITAN FEDERAL `` SAVINGS AND LOAN ASSOCIATION ) 18f OF SEATTLE, Inc.; H. L. FREASE ) I and VERA FREASE. his Wife: ) 191 AHERICAN FEDERAL SAVINGS AND )• LOAN ASSOCIATION OF TACOMA, 20! Inc.; JOHN DOE and JANE DOE, A his wife; AUBURN INTERCHAWE ) ASSOCIATES. A Limit-i Partoer- ) 21i ship; PROPERTY HOLDING 6 DEVELOP- ) I M= CO., Inc_; ELVIN P. CARN£Y } 22 and MAUDE C. CARNEY, his wife; ) JACOB A. WERLB and MARGARET S. 23 WERLE. his wife; GEORGE P. DUECEY, JR.. PETEit50H CONSTRUCTION CO., ) 24; Inc.: SMUAWN H. ROBERTSON and RICKMAN, ] REBA C. 251 Respondents. ) 26 27I NOTICE IS HEREBY GIVEN that an action has been instivu is now pending in the Superior Court of the State of 281 and Lis Pendens PAGE i w.rssoppr • fws A.rapw 1/11 �.► COE" 1'CEIVED MWS"0*0=am lti ams�o+av•aWaoo•sorswr c- G 0 7 2007 Description: Iiing,VA Document-Year.Montth.Day.neGin 1977.121.687 Page: 1 of & •--- •CITY �F FE. I —:- WAY order: D Comment: BUILDING DEPT, I I 1' 2; l 3�Washington, for King County, upon the Petition of LAKEHAVEN 11 (SEWER DISTRICT. King County, Washington, a municipal corporation= 41 ;of the Stare of Washington, Petitioner, against the above- 5named Respondents. ,f 6, That the object of that action is to condemn land CV ✓ 71and property for sewer mains; that the action affects real 8iescate described on Exhibit "A" attached hereto and by this i 9!reference incorporated herein, said realty being situate in 1 IOiKing County, Washington, of which the above named Respondents ,are owners, encumbrancers or parties in interest, so far as can 11: be ascertained from the public records; all persons in any 12•manner dealing with the real estate subsequent to the filing 13'hereof will take subject to the rights of the Petitioner as 14;established by this action. ' 15 1 16 ttorney or �- Lakebaven Sewer District 17 f 16 ' 19 l 20 21! 22 231 241 f I 251 261 27 28 Lis Peadens ao Eno Now PAGE 2 "'a""'01w a aoa s:aciw • ar�+w • wrw+ Description: King,WA Document -Year. Month. Day.DociD 1977.121.697 Page: 2 of 8 �� Order: D Comment: C I EXHIBIT "A" Z�PARCEL N0. 1 3:A perpetual right-Of-wy or easement for sewer mains with the ' necessary 4idescrihed proathrough. perty. situateinKing eCounty, Washington, more r and across the ng .particularly described as follows: co 5; That portion of the South half of the South half of the North half of the Southeast quarter of the 6 Northeast quarter of Section 20, Township 21 North. CV Range 4 East, W.M., lying West of State Highway 1 7! No. , situate in the County of King. State of i Washington. B�Said easement shall be the North 5 feet of the East 283.5 feet Hof the West 526 feet of the above described parcel. 9. 1Together with that portion of a 15 foot wide permanent easement 10ishall lieh7.50in hfeetoan eachve rside ibed olrthe followcel of ing described. Said centerline: 12'i Beginning at a point on the South line of the North half of the North half of the South half of the Southeast quarter of the Northeast quarter 131 of said Section 20. said point being 205 feet East of the Southwest corner of the North half 14! of the rorth half of the South half of said Southeast quarter and running North Northeasterly 154 to a point an t'te North line of the South half of.the South half of the North half of he Southeast quarter of the Northeast quart er 16i of Section 20. Township 21 North, Range 4 East, said point being 250 feet East of the Northwest 17; corner of the South half of the South half of the North half of said Southeast quarter. 181Together with a 40 foot wide temporary construction easement 'across the above described parcel of land, said easement lying 19120 feet on each side of the above described centerline, AND the North 15 feet of the East 306 feet of the West 536 feet ` 20of the above described parcel of land. 1 21fSaid temporary construction easement shall remain in force Tare accepted forimaintenancceon and land opthe etrationers nbyatherLakehaven ' tenances 22 � are p 1 DSerer District. ; Barry 0. Sample and Lempi D. ! ; I Sample. hia wife PARCEL TA. 2 25fwith A perpetual right-of-way or easement for sewer a the foil the 26 necessary appurtenaEr[s situate.inover King County. Washington.ing �dbscribed real prop Y 27 more particularly described as follows: i 81 The North half of the North half of the North lExhibit A sue. a w►w 1 ao am rw PAGE` ! ,yp a�ap.aswsr • airaw Description: King,WA Docent -Year. Month. Day.DoclD 1977.121.687 Page: 3 of order: D Comment: 2. half of the Snutheasl quarter of the Northeast I quarter lying W"L of State Highway Pacific i gighway South), Section 20, Township 11 North, 3. Range 4 Edst, W.M., in King County. Washington. ; 4i Said easement shall be the North 10 feet LESS the West 516 feet and the East 10 feet of the West 526 feet of the above 51 described parcel. Q0 ' Together with a temporary construction easement described i 61 as the North 20 feet LESS the West 506 feet and the East 30 N 7' feet of the West 536 feet of the shove described parcel of land. I pp ' Said temporary construction easement sl-all remain in force f� 8' during construction and until the sewers and appurtenances 1 are accepted for maintenance and operation by the Lakehaven j gisewer District. I Iris Strong lei Martin L. Slisco and Jane Slisco. his Lifd. Andrew Slisco and Sandra Slisco, his aiifc 11! Wayne R. Knipht and Dagmar Q. Knirht. PARCEL N0. 3 his wife 12� }A perpetual right-of-way or easement for sever mains with the necessary er and across the 13'described real rproperty situate intenances through, vKing County. Washingtoning 141mre particularly described as follows: ; That portion of the South half of the North 15! half of the North half of the Southeast quarter { of the Northeast quarter and that portion of 161 the North half of the South half of the North half of the Southeast quarter of the Northeast quarter of Section 20. Township 21 North, Range 4 171 East. W.M.. in King County. Washington, lying West I 1$; of State Highway (Pacific Highway South). } !Said easement shall be the South 5 feet of the East 283.5 feet 19;of the WcAr 526 feet and the East 10 feet of the West 526 Ifeet of the above described parcel of land_ 20, ITogether with a temporary construction easement described as 2ilthe South 15 feet of the East 306 feet of the West 536 feet and the East 30 feet of the West 536 feet of the above described 221 ,the of land, r jjSaid temporary construction easement shall remain in force x34during construction and until.the sewers and appurtenances are Iaccepted for maintenance and operation by the Lakehaven Sewer 24iaistrict. George Haffner and Joan Haffner. his ife 25i Arnold Tahja Safeeo Title insurance Co., Inc. Hood Canal State Sank 26� :PARCEL NO. 4 27 perpetual right-of-way or easement for sever mains with the 28 ecessary appurtenances through, over and across the following "A" ��w � s.r 4=am Wiw PAGE 2 car attt4.*•ar+we•ae Description: Xing,WA Document -Year.Month.Day.DoCID 1977.121.687 Page: 4 of 8--- -- - " Order: D Coamtent: r described real property sittlate in King, County, Washington, more particularly described as follows: I 3• The South 5 feet and the Easterly 5 feet or the South 175 feet of Lot 6 of West 1 4; Campus Business Park, as recorded in Voltene 97 of Plats, pag,-; 78 through 82, public 5. records of King, Cnunry, Washingtnn. 6 Together with a temporary construction easement described as the�i N South 15 feet and the Enst 15 feet of the South L85 feet of the O 7i above described Lot 6. Said temporary construction easement shall remain in force durin 8iconstruction vnd until the sewer mains and appurtenances are i . accepted for maintenance and operation by the Lakehaven Sewer i 91 District. 10l Weyerhaeuser Real Estate Company ! 11! PARCEL N0O5 I A perpetual right-of-way or easement for sewer mains with the I 121 necessary appurtenances through, over and across the followin; I described real property situate in King County, Washington, more i31 particularly described as follows: 14! The Northerly 5 feet of Lot 5 of West Campus Business Park as recorded in Volume 97, pages : I 78 through 82 of Plats, public records of l i5} King County, Washin,ton. j lhi Together with a temporary construction easement described as thee! , Northerly 15 feet of the above described Lot 5. 171 t Said temporary construction easement shall remain in force durinl 18; construction and until the sewer mains and appurtenances for ! maintenance and operation by the Lakehaven Sewer District. I t9; Weyerhaeuser Real Estate Company 20! PARCEL No 6 211 A perpetual right-of-way or easement for sewer mains with the necessary appurtenances through, over and across the following 22l describt-d real property situate in King County, Was. more particularly described as follows: k 23 That portion of the North half of the South ! half of the South half of the Southeast quarter + 241 of the Northeast quarter of Section 20. 'township k 1 21 North, Range 4 East, W-M . lying West of i 25i State Highway, (Pacific Highway South), EXCEPT I II the South 16 feet thereof, situate in King 261 County, Washington. i Said easement shall be the West 15 feet of the above described j 2 parcel of land. 28 Exhibit "A" aaksnow aVMb" *Aw-m a fa� 4M EM 1411. 1 PAGE 3 •4wo.o"O-o"'pasez tali outlaw. aiFt�a! • af7:altr I Description: King,WA Document-Year.Month.Day.DoclD 1977.121.687 Page: 5 of 8 - Order: D Comment: 2; Togt-ther with a temporary construction easement described as thel West 25 feet of the above described parcel. t 3: Said temporary construction easement shall remain in fnrcr durin i construction and until the sewers and Rppurtenancen are accepted 41 for maintenance and operation by the Lakehaven Sewer District. t V & V Electrical Co., Inc. j 5i Metropolitan Federal Savings and Loan. j N Association of Svnitle, Inc. 6. PARCEL. NO. 7 7! A perpetual right-of-way or easement for sewer mains with the necessary appurtenances through, over and across the following 81 described real property situate in King County. Washington, I more particularly described as follows: 91 The Wes! 15 feet and the North 7.5 feet of l0l the West 212.5 feet of the following described parcel of land: ll The West 62fr.60 feet of the South half of the North half of the Snuth half of the Southeast l2; quarter of ihr Northeast- quarter of Section 20, Township 2.1 North, Raaye 4 East W.M., situate 131 in the Crmnty of King, State of Washington. Together with a temporary construction easement described as the 141 We=t 25 feet and the North 20 feet of the West 225 feet of the above described parcel of land. 15 Said temporary construction easement shall remain in force during 16: construction and unril the sewers and appurtenances are accepted for maintenance and operation by the Lakehaven Sewer District. 17• V 6 V Electrical Co., Inc. l8 ` PARCEL NO. 8 I 19, I A perpetual right-of-way or easement for sewer mains with the 201 necessary appurtenances through. over and across the followin9 { described real property situate in King County, Washington, more i particularly described as follows: 21 i t The South 10 feet of the East 151 feet of 221 the West 271 feet of 'tract 15 of State Plat in Section lb, Township 21 North, Range 4 231 Bast, fi.M., as recorded in Volume 41, pages 30 through 32, of the public records o Ring 241 County, Washington. I 251 Scgthh20 feet ofttheorary East 171sfeettofnthe Westt271afeeteofAh¢ the above described Tract 15. 261 said temporary construction easement shall remain in force duritl 271 ""T.jet ion and until the sewer mains and appurtenances are accepted for maintenance and operation by the Lakehaven Sewer 28 giatrlct. Frease 6 Vera Frease, his wife Ca[tu,7+et can a ern Exhihit "A" s.ntWi F Tacoma, Inc. of AmMe N L John Doe and Jane Doe ye�W, I j PAGE r - •am starer m+w 4 Description: King,WA Document-Year.Month.Day.DocID 1977.121.687 Page: 6 of 8— Order: D Comment: 0 5 La 11 PARCEL NO. 9 41 A perpetual right-of-way or easement for sewer mains With the I M1 i necessary appurtenances though. over and acruss the following y: d.scribed re`nl NYC iq[rrLV of iVlfLr In lgisig L. D'1n Ly, Wpsiningtor., more particularly describe-d as fntl[tws• C4 6! The Southeasterly and Easterly 20 feet of { the following described parcel: { 7. The Snuthoasl quarter of the Northwest quarter � 1 8; of the SouthwesL quarter of Section 71. Town- ` 1 ship 21 Rnrrh. Range 4 Fast, W M „ in King County, l�xtihington and the South half of the 1 9 Southwest quarr.er of the Northwest quarter of 1 the Southwom quarter of said Section 21; j 10i EXCEPT those portions thereof lying within South 348th Street and 16th Avenue South; and E 11, EXCEPT those portions vanveyed ro the Stat. of Yashinq[:on by deedre recorded under King County l2! Recording Nos. 473g107o 4742320 and 4984579, EXCEPT that portion thereof condemned in 1 and King CounIV Superier Court Cause No. 533235 13: for Primary State Highway No, 1. 1/.: Together with a temporary construction easement described as the Southeasterly and Easterly 50 feet of the above described parcel, 15� Said temporary construction easement shall remain in force durin* 16; construction and until the sewers and appurtenances are accepted• for maintenance and operation by Lakehaven Sewer District. 17: Auburn Interchange Associates. A Ltd. Partnership Property Holding 6 Development Co., Inc. 1 18, Elvin P. Carney and Maude C. Carney, his wife PARCEL. NO. 10 Jacob A- Werle and Marrret S. Wavle. his wife 19: Ceorge P- Duecey, Jr. Peterson Construction, Inc. A perpetual right-of-way or easement for sewer mains with the 201 necessary appurtenances through, over and across the following I -described real property situate in King County. Washin,ton. ! more particularly described as follows: Ij Z1� The Beat 10 feet of the following described 221 parcel of land: 23I The South half of the Southwest quarter of the Northwest quarter of the Southwest Z4{ quarter of SeCt.ion 21. Township 21 North, Range 4 East, W.H.. EXCEPT those portions ! thereof lying within South 348th Street and 25! 16th Avenue South (S.S.H. No. 5 D). E 261 Together with a temporary construction easement described as the West 40 feet of the above described parcel. 27I Said temporary construction easement shall remain in force durin m 28 Exhibit "A" serc>..4rr+rws An—w at L . 1 Oi !y W* ` PAGE 5 Ad .a rt.re— Sc otYl 404W- 0944" • Rt7sw Description: King,WA Document -Year. Month. Day.DoclD 1977.121.687 Page: 7 of 8--- Order: D Comment: I construction and until rhost•wer mains and nppurronances art ! 21 accepted for maintenance and operai ion by the Lakehaven Sewer i District. 7' Auburn rntrrt•hanpe Assoc iytes. a Ltd. Partners ip Property Holding & Development. Inc. 4. Elvin I'. Carn+av and Maude C. Carney, his wife Javolt A. Werle and Margaret S. Werle, his wife nt.r+rt•+• 11. lhie rr•y , .I r. and Pet crtinn Construct. art, 1n+ �CE)p 11ANGE1, NO. 11 p 6 A perpetual right-of-way or easement for sewer mains with the N necessary appurtenances through, over and across the following described real propvr+v situate in King County, Washington, O 7 more particularly 3escribed as follows: B' The West 5 feet of the following described parcel of land: 9i llll Lot lii of Vick Adtlition, as recorded in Volume 1� 45 of Plats• page 27. records of King County, Washln!o on. I1 Together with a temporary construction easement described as thel Vest 15 feet of the above described Lot 1F I 12' ! Said temporary construction easement shall remain in force durint 131 construction and until the sewers and appurtenances are accepted. i far maintenance ant! olveration by the Lakehaven Sewer District. 14, Benjamin II. Robertson and 15' lleha C. Rickman L1IE 23! 241 251 261 271 28 F-xhihit 'W' PAGE 6 t i FILED for Record at Request of •..e. a.rrw i •+r�s M- 4a tar 00 EM tr4 7 Marti 1�M �� i7sY IR1sav • /i�a71•1t7�t I Description: King,WA Document -Year. Month. Day. DocID 1977.121.687 Page., 8 of 8 --•• 1 Order: D Comment: Cone L Incornata I•lurlino 11556 6th N.W. Seattle, 11A. 98117 BASEMENT THIS ACREi'P= made this IL day of _ _ 1 �7r l9 7� , by and between.'the rAKEHAVeN SEWER A7,7alc'r, a cunicipai rporatiom of King O ceunty, Nan ington, hereinu]f�f��r �t-dread "Crantee', and63 .G[ •+ harainafter termed "Grantor". unmsm- N That the said Grantor for valuable consideration does by these presents grant unto the Grantee a perpetual right-of-•vay or easement for sever trains o with the necessary appurtenances through, over, and across the following property, described as follows: The North 10 feet of the East S93 feet of the West 989 feet and the •�� Elst 20 feet of the West 988 feet of the following described pare-1 u of land: -i That portion of the North half of two South half of the North cast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4, E.WJI., described as follows: Beginning at the Northeast corner of said Section 20 and run- ning thence South 0937130" East along the Easterly line there- of 657.37 feet to the Northeast corner of said subdivision; Thence South 89026143" Hest along the Northerly line thereof to the Westerly margin of State llighti.ay No. 1, also known as U.S. Highway 99, and the true point of beginning of the tract heroin described; Thence continua South 89*26,43" Bust along the Northerly line to the Northwest earner of said subdivision: Thence South 0928'36" East along the Westerly line theroof 32R.56 feet to the Southwest corner thereof; Thence Korth 89027102" East along the Southerly line of said subdivision 893.70 feet; Thence North 0'37'30" West parallel to said Easterly line of subdivision 109.68 feet; Thence North 890 271021, East parallel to said South- erly line of subdivision to the Westerly margin of said State Highway 01; Thence Northerly along said Westerly margin to the True Point of 6aginning. TOGETHER WiT11 a terporary construction casement described as the North 20 feet of the East 599 feet of the Nest 993 feet and the East 40 feet of the West 993 feet of the aoove described parcel. Said temporary construction ossonent shall retain in force during construction and until the seniors and appurtenances are accepted for maintenance and operation by the i.akehaven Sewer District. 1% EXCISE TAX NOT P.Z:nU:RED King Co. Reg,.-U; L.115100 Easement No. S20-27-34 Description: King,WA Document -Year. Mon". Day.DOCID 1976.1201.610 Page: 1 of 3 �J RECEI AU C 0 7 2007 Order: d Comment: CITY OF FEDERAL WA B , I — s Said Grantee bhall have the right without prior institution of any suit or proceeding at 1AM. at such tines as may be necessary, to enter upon said edsement for the purpose of constructing. maintaining, repairing, altering or reconstructing said sever main, or making any connections therewith, without Incurring any legal obligation or liability therefore; provided that such shall be accomplished in a manner that existing private improvements shall not be disturbed or destroyed., or in the event that they are disturbed or destroyed, they will be replaced in as good a condition as they were iimed- iately before the pr2yerty was entered upon by the Grantee. The Grantor shell retain the right to use the aurfare of said easement O if such use does not interfere with installation or maintenance of the sever ZZ main. However, the Grantor shall not erect buildings or structures on the p easement. This easement shall be a covenant running with the land and shall be Lied on the su bore, heirs, and assigns of both of the parties hereto. -�� and and STATE 07 WASHINGTON ) } ) so COUNrY OF KIM ) 11, the undersigned, s notary public in and for the State of Washington, hereby certify that on this __; •day of p_ gT' _ 19,2_ personally appeared before ma —� �r�'•r t and ; and and to me known to be the individual (a) described in and who executed the torego!ng instrumesst, and acknowledged that � a signed sad sealed the Bare as P frice and voluntary act ma de.-4 for the uses nod puxpolds charain described. r•! . i ' !iota Public in a I a of iios'h�ngtcn, residing at Descriptions King,WA Document -Year. Month. Day.DoclD 1976.1201.610 Pages 2 of 3 orders d comments i L� Description: Ring k% Document -Year. Month.DaY.DDCXD 1976.1201.610 Page: 3 of 3 Order: d Cameant: Freda Candler FILED FOR RECORD l! 23 = 1 2523 46th Ave. W. OT R/W 3T1 Seattle, Washington 98199 1[I=C CbT& C! Ot � A.I.D. Nb. 6i I� EeauchMpr""� •• � - WAMMM T y' The aemaeo< barrio. r Fit»1t SWDIAM also -a aria of record as Freida handler, as her, separate estate. T V --� �_ _ Qoilarm o for the eomsideratiom of �+ +e Y and other valuable consideration, eaovey_md rmrrsd—'o the Comy of KWX' Stabs of as atom. an interest is the follmiaa described rN 1 estate: a' Tax 'Lots 2 b 69 The North-42-feet of the NE duarter of the WW Quarter, of the RE Quarter - of Section 20, TotShip 21 North, -Range 4 East, W.N. ALSO, the North 42 feet of the North Quarter of the NE quarter of the NE quarter of said Section 20. (� Containing 1.86 acres more or less. 7i R/W-south•336th Street M� 1% excise Tax Not RAquined King Co. WOW* owly i+ 't 'a r llh the r*bt to we* an mmosamy moms for cola mA filim spas the abuttima RoIb ae sa ea t¢ any road M1kY is low, or W be eosaaaeted mmarrr as maY property, br corlormeW ' ri►A.p pumas sod spec9katiaam for b*hrray yespesss. alai to 00A* ra vP Vias if the'!q s lmrsin trattsd bad base aegabed wa by caa4e4W preerardimp s • f .��'#�� 31mbe ofllabtaataa. . situated is the Cony of Kira, State of 1laabiratm. Dated ma.30th A. eL__ Auwst, A. IL 1/74RECEIV Ip.criptionr Xtag,WA Document —Year. Month. Day.DoclD 1974,1008.37 Pager 1 of 2 AUG ® I 2007 t' rder: d Comma t 2 ITY QF FFQFQAI WAY_- BUILDING DEPT. r` CU O n STD OF WASMO ON I Gomm OF two on tbe. 30th _.._...._day ot._........_.Aut�uste,,,,._...._....,1P�l.., betdre me. a NdM Pubuc fa and for the Stye of Wowngtoa, duly connlasioaed and agora, Pe<sa Mft =Mo — Fli8fia11 GMML8R .. ._,. ___...—...._..___ _�o me tmin to-W OW a+2wld+� - daer+lbrd In Sad 1thG..t :'eeuted-the wlthin mdrument anda�ceot WOpd to ma apad•NaM the nme ?�r-..__..__.hee and robmtuy ad and deed for ttaea and purpose, hind and otScW Seal the day and 9rar y �- „ . xat.s Polk 1. frx tIM AtW of *aaaetOMm i :1 Of tCOi[r'ORA77t7K•A��T �► SEATS OF WA16HRI 3'['aN. 1(( Covarrr or Srsa, On this. .......... .:day o1.....-- - ._...._...._...._............ me Petsrmauy appeared end 'to -me known to be of the corpa[auon that executed the fig umtrument, uid acknowledged ON tsrs;aumcflt to be Me free and vWMtWy act and deed of said corporatlon,'for the uses and purposes tbesrin men- tloned, and ® oath stated that ............. _.............. ....... ..--- natbosfmd to exeade o0M tnetrnmmt and that the seal affixed M the corporate seal of said comorabioKL Given under my hand and official seal The day and year Iasi above written. Notary rmw to and for Ow Was of Vzoax ftm Ratdhp at i F . vE] • 1 � � i ❑ '1 ci i � � � — 4 ; � s • i pp ii i X ; O ; OG a. t e E O r RFCOROEP rt. •.._�_t OF Wn Oct a 0 a 00 w FILED fo IM4 at bqW of sm Ma MLCM IAMOAM Descriptions King,WA Document -Year.Rlonth.Day. DocSD 1974.1008.37 Pager 2 of 2 Ordert d Cwoment: E Federal Way Investments P. O. Box 66101 Srattle, tfashington 98166 E A S� T f THIS ACREMUT nado this 15 day of 4'R',u 1:7�y _ 19 '. by and between the 1AXEMVEl4 SEWER DISU=, a municipal c=Poratinn Of King CMyty," h' Stan, hereiaafter taraad "Craft ea",.� hpraivafter teraad "Grantor'. 1TLTb'ESSBrBs �/ That the amid Graetcr for valuable coasidsYatioa does by these Presents grant unto the Grantee a Perpetual. r1Sbt-01:-way Or tusennat £or saver rsaiaY wich the aere-SWmY appurteaanees tbraugh, ever. and acrasa the foilcxin8 rapertp, 4—cribad na fo77oua: ' The Fast 20 feet of the Nast 425 feet 0the South 10 feet of the Fast 5F3 feet of the Kest 988 feet of the South half of the North half of the ,lortheasl quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, U.N. in Himg-county, llashingtoz TOGETUR WITH a temporary construction easement described as the East 40 foot of the West 435 feat and the South 20 feet of the East 598 feet of the ldest 993 feet of the South half of the North half of tho Northeast quarter of the Northeast quarter of said Section 20. Said temporary construction easement shall remain in force ' during construction and until tho hewers and aPpurterianccs - are accepted for maintenance and operation by the Laxoharea ' Sower District. i 5b EXCISE TAIL NOT RECUIRED Depuy • C. Easement No. S20-27-35 1t - AUG 0 7 7 - - n - WAY BUILDING DEPT. Description: King, M Document-Year.Month.Day.DoclD 1976.1201.602 Page: 1 of 3 order: d Comments N O O %D r- Said Grantee shall have the right without prior inaLlcutiQrs of any ra said or proceeding at law, at ouch climes as may be nuceaaaryropaienter enter f aoshoring or easeaeat fur the purpose of constructing. Maintaining, rocoastructitg eaid sewer twin, or making any connections tharevith, e:iehout incurring any legal obligation or liability therefore; provided that such uhnll shall be accomplished in a nnlAel, Lhat existing pimprovements not be: disturbed or destroyed, or in the event that they are disturbed or destroyed, they Will be replaced in no huod a condition ax they Were icmed- latoly before the property was entered upon by the Grantea. The Grantor sball retain this right to us* tba aurisce of said easement if such use dooa not interfere with installation or waintcnancc of the sever main, 8ouever, tha Grantor shall not erect buildinga ar structures on tba c"=Vnt. This easment shall be a covenant sunning with the land and shall be binding on the successorss heirs, and a55e11ga aE both of the parties hexctO- � ELL ay: 'By: STATE OF WAS:tI=0N ) ) so �r` yVubliy 0? %=4 7 1, the undetsigned, a notary public in and for the State of Washington, hereby cortif- that oa tbis 15thd8y of eMhv 19j¢_ personally r1F:ared before me to me known to be the - Tnint= of the "'v ctments who exttute-d the foregoing instr=eat and acknowledged that he signed ►:7d scaled the flame as h:$ freo and voluntary act and deed■ for tha uses Dad purposea therein sestion0d, And on oath stated that he is sutbdSto afcute saidth said inatrusent and that the Deal affixed is the Corporate Cor- poration. 9.t.r7 �18 Public in and _tat*of Siaahington, YeaidiAg LsC:.r.j.pt;cojn: I{ing,fa Document -rear.Month-Day.DoclD 1976.1201.602 Paget 2 of 3 Order: d eccmnent: w It i I - Descrfptfons Xfng,p►A Document -Year. Month. Day.DOCID 1976.1201.602 Pages 3 of 3 Order: d Comment: . Federal Way Investments P. 0. Box 66101 Seattle, Washington 96166 I BASEMENT _ THIS AGREMNT made this _ +, day of A by and between the URRUM SEGO:. DIMaICT, a municipal corporation of King County. 17anhin e, treinafter lracd "C•rA�ntea", a :8 hereinafter termed "Grantor". rr • NITNESSM: �r a, That the said Creator for valuable consideration does by these presents v .o grant unto the Grantee a perpetual right-of-way or eaaement for sever =I= r O uith the necessary appurtenances through, over, and across the following 0 property, described as £ollown: The South 20 feet of the East 20 feet of the West 425 feet of the North half of the North half of the Northeast quarter of the north- east quarter of Section 20, Township "I North, Range 4 East, W.M., o King County, Washington. . TOGETHER WITH a temporary construction easement described as the South 30 feet of the East 4v feet of the Nest 43S feet of the North half of the North half of the Northeast quarter of the Northeast quarter of said Section 20. t Said temporary construction easement shall remain in force during construction and until the sewers and appurtenances are accepted for maintenance and operation by the Lakehavan Sewer District. } 196 EXCISE TAX NOT ACOU MED Ydng Co. ftot % D.Vaj;n Br- _ ...... Deputy i s ♦ • L- E 4 Eosomvnt No. 520-27-36 R De,eCriptiOn: K.Jng,WA Document -Year. Month. Day.DoclD 1976.1201.603 Pages 1 of 3 Orders a Commentt . k • Said Grantee shall have the right ulthous prior inutity-tian of any suit or proceeding at iav, ar tuCh times as may be neceasary, to enter upon said easement for the purpose of r.onstructing, =aintaining, repairing, altering or reconstructing said sever =In, oz making any connections therewith, without incurring any legal obligation or liability rherefore; provided that auch vhall be accomplished in a mariner that existing private ieprovements shall not be disturbed or destroyed, or in the event that they arc disturbed or destroyed, they till be replaced in rb good a condition as they were jmmed- fately before the property van entered upon by the Grantee. The .Grantor shall retain the right to use the surface of said casement i£ such use does net interfere with installation or maintenance of the Cl) s■per p gain. However, the Grantor shall not erect buildinga or structures on the Oeasement. O This easement shall be a covenant running with the land and shall be N binding an tb,. ur-essors, heirs, and naaigoe of both of the parties hereto. By. Sy_ STATE OF WASHINGrON ) • ) as coum or KING ) 1 I, the undersigned, a notary public in and for the State of f7oshiagtan, hereby certify that on this 1Sthday of November r■roonaily appeared before mo Belton J. Bands to me k4MM to be the ErUstCC of the edral H LS i who executed Clio foregoing inatrument and acknowledged that he signrd and staled the name to his fcae and voluntary act and deed, for the uses and purposes therein nantioned, sad on oath rtated that he is authorized to execute the I said inserument and that the seal affixed is t e Corporate Seal of said Cor- poration. 4 uotary tAlic in and for ha eta•a 4 Washington, residing at =--__ t .. i i : Description: S1r1g,WA Document -Year. Month. Day.DoclD 1976.1201.603 pager 2 of 3 Order: a Comment: 9 r v r ILED for Record at Request o1 came _ j5K i v,- P�dre�s j DS8Cript3on: Sing,WA Document -Year. Month. Day.DocSD 1975.1201.603 Pager 3 of 3 orders a comment: i i aRip John � sally �latLOod B20 S4e' t Garfield," Seattl", A-98 19 EAS ExENT THIS A=Qff= Mads this lot day of Disc-%I-r 3,g76 y a uwnftf al Caxpffrati4ri bf �a8 by and between the LI�K6tiAvffl SEM aiSTA=. ■. p HiEliam zr. s jtanette !s. �County, 11ashingtanp he'eaina to tcrsed ��CranCee ■ an3 Chasm and doles B�o17 C• rase vd herminmfter tea u„ d "Gr��rrf - .a HTFIifS5ET1i: F That Lhe said Graatvr for valuable toaslderotian does by these prceea ts grtnr unto the Grantee a perpetual rfgbt-ogway or Matyeavnt for sewer taai:ss vilth the steeessar9 appurteaaneea through; ovary and across the iallos►ist8 property. dascribad as follows; _ ThQ South 10 feet of that Portiori'af the•5ovth 112 of the South 1/2 of the H.E. 1/4 of the H•E^ 1/4 astfrlecn Section atar]gyi5k6yfeot North, Flange 4 tast, W-K- ■ lying Y thereof and Westerly of the-4�esterly margin of pacific Higln+aY Sours: AGSU le The Easterly 20 foot ooutof thaly 3flpfeotothaf tb and wadtarlylof the nS ?gortherly of of fallowing deecrih2d line: Comrr--noing ut the intervactian of the plesKerly ranxgir+ of Pacific Commh ay South {as it existed prior to July 23■ 1947j with the South line of the said South 1/2r thonee ljortheasha rly along said Wes torly Margin 30 feet) thence Weet parallel With the said SO*Jth line 200 feet; thenca South 0010/12/1 West 30 feat more or inns to dif irate r section with the said dtsouth 112" Eaatof h330 feat e south lwrnnortIOUs tohe tanf Beginning; minusr,ectsnidwith trsethe eaC North sonde ALSOhe avid South 3/7 and to tcz- of 90 Tha westerly 5 feat of the rastarly 25 feet of thoNortherflf the feet of that portion of the Said South 1/2 lyingwesterly above described line. TCG£TfiER WITH a temporary construction easement described as f th t portion of the said South 1/2 lying West^rlv t South 20 feet o 3hereof of the sax of till Westerly 5A5 fhwayt5ovthl anpLSD yterly margin of pacific Highway outh The Eastcr� 40 the£SoutherlyezOpfCetuthereofn Of eendiwesterlylof thenline } Norther)y described above. mua 519-27-33m RE v r I IVE® AUG 1 7 2007 CITY OF F 7ERAL WAY pescriptions Sing,VA Document -Year. Month. Day.Doc2D 1976.1223.644 Pages 1 of G D EPT. prders d Coments i i • Rasenent :lo. "19-27.33 R page 2 L } S e S ` Said temporary construction easement shall remain in force and until the sewers and appurtepances mr '`r during construction arc accepted for maintenance and operation by Lakeha1en p 5owor District. Qjds all szi�# sewer merchant- and _ p�tdsnberlcutavntthehe able aseotentfta torSnCruc�tanted title to said timber shall remain in Grantors. � IO Grantee agrees to save and hold Grantors haroless.fxom all ions or a 4 damage which way be due to the exarcisa by Grantee of the right herein granted, and from -all claims-fdr mash-damage'by whamsosver made, and to indemnify Grantors for all much loss•, damage and claims. In the event sgvar main in5t8l.lAt1o1s construetiost has not aomm=sd on (1) from date hereof, this easement granted herein within *ae year sasenene ahall be void and of no force of affect. f E �f r d s I� 1 a r Y 1 I Basement go. S19-27-33 Rf� i I DeaGripElon: Ring,WA Document-Year.Montb.Day. Doc= 1976.1223.644 Page: 2 of 4 Order: d Comment: Said Grantee ahmAthSue" timesgan nnyht hautbe'Atce%sarrior yatioueAtera'upoaysadx or proceeding at Ievm alters or esscaent for tho purpose of coor;tvuctisngr nanin yin onyprharnuirh� w3tlLoua rtcbnstructjnS said Cever coin, or making Y incurring any legal abligatioa ar liability therefore,ain timthat ffuch provasaantn aball shall ba acca¢pl.ishad in a fex or thathe evrns$tpri ate axe distrubed or not 6o disturbed ar destroyed* Vera i=Rdl- %a destrorcd, they will be 1ately before the proparty wag nersfCxed vpvA bYetkeition as they Craatee. c) P ' N The CCngleoC ahAli tetF4n the right to use the osirfaca Of 'aid easeaeat if ,such "a floes not inter :re with iryy>~aliatian or xaaiateaaace of the ss�uer er not 8ie¢t irui:dingv or structures on thetwit. Romvar. the Grantor sew easement. This eaGAMent sh&U be a Cove mmt snaaiog with the lased and sbtgll be binding oa fife succeseorsr heirsq and assips a bath of the pasties trernt . sod" and STAIB OF UASZMG"N 3 ss - COVlIIY l>8 RIKG % ' tell, haroby 1, the undecai�df, gotarY yublia iri and for lhalg S operavna2ly apptr red certify tbat T this before A_ 4 ✓, and 1 and and 1 to eo known to be the individnel [e) dg4`rib4d signed mid s Ana vhD sled the BaeerBsotng inFLr menti,cond aeknaviedgad that Y ,(yrx free and volvnCAry act nd dead fog the usas and PUTPOI thetoia eaexi�d• • 7E rrr.., .r.4-. r Rotary Public t< and or t-tir�at Assblaatott, Xesidiag ct J¢ �� ui,iia in and for Llry `Si•oto of Colifnn�ia, iaCrdh]' Cert{fY mat [, tlrc umlr;�rijrwd* a nafas'Y P cu Vnvc ihie �2�d da} �f rolr 'P. 1976 parsorrcfiy aPl7rareJ d. li. HocLvod ease SACaII C. Hncts is me In,•w- to he tke indlvidulsla ilcacribed 1n omd ulre sxocuit•<3 !hc feregning ingfrumonl. OFFICISEAL Notary tc in au far the %W0 qt CJr Sfornlas AL SULAriNF A. WATTS �Sna� r ,1 fine S T+rrn f s ororaosvueuc•eau:otuam xcltirlinf[ at Las ARVtESCo wry k R J V escriptdon: King,R% Document -Year. Month. DAY.Lk-.rD rder: d Ct: 1976,1223.644 Page: 3 of 4 I 13 Ia US W Cv _40 . al�v�j dL .-L, IV4 $I OftsAx Ad _11PA�ray. f L�L VL �4-1,wj Descriptions KlngWA Document -Year. Month. Day. De 'Order: d Comments- 3 r LLr w Z Z cf) 3LL 3 ti O v Q Z . o =z ME W S O w `LU IY ZI — �I :3 Rif o i r. @eo_ I I It la •rL _ AUG o 7 2007 CITY OF FEDERAL WAY BUILDING DEPT. e M ITICOR TITLE ah~ta��lLray S N K haASE A E S C RYF a rflA RCCSIRar-A'a Y'Jt= J INSURANCE Filed for Record at Request of rp c _.04 AFTER RECORDING MAIL TO: IN O �S KARR TUTTLE CAMPBELL 't rn 411 - 108th Avenue N.E. h1NGCC!!7!7Y �c '=' W Art Suite 1600 ExCL�..v bnlo cv m _ `m Bellevue, WA 98004 c DEC 2 3 1989 Escrow A1261-KAB `� v -' —... • x --J 0 r cum FORM L•Sa 1384? ti Statutory Warranty Deed �j CAI O N THE ORANTOR CAMPUS GATEWAY ASSOCIATES, a Washington Limited N Partnership Zlor and in ronfidcrdlion of TEN IS10.00) DOLLARS, AND OTHER GOOD AND VALUABLE op CONSIDERATION In hand paid, conveys and w-arrattts w EXXON CORPORATION, a New Jersey Corporation r+� the following described real estatq situated in the County of KING , State of %shington: 'J The East 223.6 feet of that portion of the South 223.6 feet of the North 265.6 feet of the East 319 feet of the North 1/2 of the Northeast r%. 1/4 of the Northeast 1/4 of Section 20, Township 21 North, Range 4 tf) East W.M., lying Westerly of Primary State Highway No. 1 (Pacific UO Highway South) as conveyed by Deed recorded under Recording No. 17782341 Situate in the County of King, State of Washington Subject t.o Exhibit. "A" attached heret.o and becoming a parr. hereof riUD �G'• Dated this 13th day of December, 1988 CAMPUS OCIATES, a t ngton Limited nership By Environmental ReSe�trrrh rid Develop- ay.................................................................... }....memt..forporatian....it..s., nertL ........... Partner By.................................................................. By ....Its : ..................... STATU OF UASHINGTON STATLr OF WASHIIGTON COUNTYOF .......................... COUNTY OF .... ....t1 Cam.....,.,..,........ I r On this Jay penomlly appeared hefi,re rat fe this e un nijd3y of , a Na :.�.Publi ,.......d Fut........ aic i........... 1md . before mq the vrLffenignd, a half ry NIfi6e in and fnr the 5wee of ttb•hinf.`hen.duh• ! ..................................... ............ ..�................... .v,nntiwWaL:! ad ywora. I-"$0 allf' aP11 r;= to me I, no.n I tLe 1hS IndiA dual dewrihcd in MLt m�ecultd the viLhiri and fnfesvinp tf"lnimral, and h:fu l+�..:f. ..gis rt•7!r.,:7.4+!. Tf :�t:sk�.L�R�...Ii,t.r •-f: ti..... f: t.:fs } aekncr"1W,,.rd that ._..._.._._... Janed the same as ^'and ea•i.zy^ rp.....,..:s r.t? !.��.. r...1 C�.;.................... I ....» fleenptl voluntary as wal deed. for the S„-mclLw..na.•br an: ' utee and ovrpoK Ilurein mcnlionsd. •� 4 y , . G.................... l..:r:. a�a.:..,� I fegm:tittil`-nf ...... }5....i•^,!�i..�...... .' .......................� ..... 1 GIVEN umter my hand rind omcial seal Lhh .Lho:ulf.on,lwntlu[%a vaicdthefulr��j ��•yLyyt��•yL nrnatnlgcathc�ldin• dam, .......•••.• strummi to be the fife and tplunts: iZ f711A"ddfu-lt['�r ti"n, for the troy f9 .—.... and pugn%c> dLcitin mmlin '1' - 'i�ItrYlYtie;;lruuraiL au]hofi,rd W RRYIeaI LFIe ,at Notary Public in and far the Slat* of Whahtltgfon, _%.aL-= • L,;a'"�Ir"Lanon' ' Li'i 2Cw•my kLLnd anti n-004 aeal.hnr afia�.l the day and star fir11 ahaee rcaldingat»......_........_....................» ..._......._ e C.a E I `/ E Millen. �. L, -L �- , t.l� Alyoppolntmantexpitraan.................................. y ....w..... Notory`f'ublicinandfurlhLlSWlrai'lvmWAS'ian.r� aL ,ring•..,.._._...._......»..�..........._.._... Myappaintmentespireson ... .:�lti' .:.....». A JG 0 7 ?_jai CITY OF FEDERAL WAY BUILDING DEPT. EXHIBIT "A" Liability for surface water management (SWM) service charges, if any, which are not presently assessed, but may appear on future rolls. Right to make necessary slopes for cuts or fills upon property. herein described as granted to King county by deed recorded under Recording No 7410080037. Unrecorded Iease for billboard on the Northeasterly corner of property herein. Non-exclusive access easement described as follows: The south 20.00 feet of the north 265.6 feet of -the east 272.4 feet of the north half of the northeast quarter of the northeast quarter of Section 20, Township 21 North, Range 4 east, W.M., and the west 35.00 feet of the east 272.4 feet of the north 245.6 feet of said subdivision; and the east 17.5 feet of the west 52.5 feet: of the east 272.4 feet fo the north 92.0 feet of said subdivision; ti EXCEPT the north 42 feet thereof for south 336th street as conveyed C\i by Deed recorded under recording No. 7410080037; O AND EXCEPT the east 48.80 feet thereof for Pacific Highway South CV (Primary State Highway No. 11, the same as.conveyed by Deed recorded CV under Recording No. 1778234; � Situate in the County of icing, State of Washington. s Y c FILED FOR RECORD AT REQUEST OF: THIS SPACE RESERVED FOR RECORDERS USE: MAIL TO: CITY OF FEDERAL WAY 335301ST WAY SOUTH i 7 FEDERAL WAY, WA 98003 ATTN: me—? n $Salloum tY ' O PERMANENT EASEMENT FOR DRAINAGE FACILITIES For and In consideration of One Dollar [91.00I and other valuable consldora4on, the receipt of which is hereby acknowledged, Wayne 0. Knight and Dagmar G. Knight, husband aird wife, Jane Cfoo, farmarly known as Jane Sliscu, a married woman as her separate estato, and The Andrew J. Slisco Limited Family Partnership li, a limited partnsf:hip, ('Grantor') grants, convoys and warrants to the CITY OF FIECERAL WAY, a Washington municlpal Corporation ('Grantee'} for the purposes hereinafter set forth a perpetual permanent aasamunt under, across and over curtain real property ithe'Properzy') located In Federal Way, Washington, isgally, described as follows: North half of north half of north half of southeast quanor of northeast quarter lying west of State Highway, Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington. (�Except as may be otherwise sat forth herein, Grantee's rights shall be exercised upon that portion of the Property ---�'u l"Easemont Area-1 legally described as follows: ti h- the north 15 foes, less the west 627.5 ICQI of the following described property: North half of north half of north half of southeast quarter of no theast quarter lying west of State Highway, Section 20, Township 21 North, Ranuo 4 East, W.M.. in King County, Washington . W VJ 1. Purpose. Grantee and its agents, doslgnoes andlorassigns shall have tha right, withoutpdor notice to Gsanccr, at such times as deemed nocassary by Grantee, to antor upon the property to Inspect, construct, ror:onstruet. F; operate. malm3ln, fapair, replace and enlarge all aurfaco water drainage facilities inciuding, but not limited to. Y underground facilities andlor eysiams upon and under the Easoment. togethor with all necessary or convenient t� oppurtenancas shoroto, including withaut rmitatlon, plpos, catch basin's, and manholes i'Facilitws'l. Following t h a initial construction of tha Foci IiiIas, Grantee may from time to timo,'consuuct such additiorW facilities or any other improvomonts as it may require within the Easement Area. „ 2. Access. Grantee shall have the rightof access to the Easement over and across the Property to enable Grantee to exercise its rights hereunder. v 3. Obstructions: Landscaping. GraritBe. at no cast to the Grantor, may from Lima to time remgvavggetatlon, troo5, or other obstructions within the Easom0Pt, including tha existing fence, and may level and prude the Easement _ to the oxwnt reasonably nocassary to carry out the purposes sot forth in paragraph 1 horect, provided. that following any such work, Grantee shall, to the axtont reasonably practicable, resta+a the Easemont to a condition similar to itscanditian prior to such work Including reconstruction of tha oxlt:tfnufance. During any period during which Gran[ea sng-jgos in construction of the Property. FafEawing sha,ir:stalfadon of the Faciiitios, Grantor may undertaku any ordinary improvornents to the landscaping of the Easement, providad that notrees ar o[fror plants shall be placed thereon. which would ha unroascnably expensive or impractical forGrontoc-to remove and rastore--1 EXCISE TAX NOT HEGUIRED K,n 5 ORIGINAL IG A LA I T OF FCDEH'1. WAY 1�i1 4. GrontoI's Use of Easement. ihla Esaamunt shall s axclusive to Gran btee: provided, how over, Grantor r0s0rvos the right to use the ESSement for any PUrpesa riot Inconsistent wrth'Grantee's rights provided: further, that Grantor shall not construct or msintain any buildings or other stnscturus an the Gasmen;, that Grantor ahill i no; porform digging, tunneling or other form of constmeCon at tivitY ari the Property, which would disturb the compocticn or unaarth the Faeifities on the Easomant, or nndangar the lateral support to the Farllldas: and that Grantor shall not bias within fihean [SS} foot of tha Fasement. S. Successors and Assigns. The rights and obligatlone of the pardea shall Inure to the benefit of and be binding upon their raapoctive successors, helre and assigns. DATED THIS day of GRANTOR W yns . Knlgh; Dapmer . KnlQht Jana to . formerly known as C) Jane S o, a married woman Lr) as her separate estate LG O c" THE ANDREW J. SUSCO LIMITED r4 FAMILY PARTNERSHIP II t0 � S a} Lrtrx Its 1 ev•cl 1°4�t_1r 2 • rg® STATE OF WASHINGTON I f lL• 41— 1 ss. [INDIVIDUAL NOTARY] COUNTY OFillff9 1 - On this day personally appeared before me, the undersigned Rotary Public In and for the State of Washington, duly commisslanod and swam, Wayne B. Knight, to me known to be the Individual described in and who exacutod the foregoing instrument, and on oath swore that ha sxacmAd the foregoing Instrument as his free and voluntary act and deed for the uses and purposes therein manslonad( GIVEN my hand and official seal this-IAfy' day of a ' . 1'ti� o.ti�s�C CR inasary it st F = P i (woad/printed nania of notary '- : •� -+ �, Notary Public in and for the S a 6fYYabtrtsrt." `=r My commiselan 04111ras: ■� .Ss.NL STATE OF WASHINGTON 1 19ILS" I as. (INDIVIDUAL NOTARY] '^ COUNTY OFllffi8 1 u7 On Wg day personally appoarod before me, the undersigned Notary Public In and for tho State of :L: Washington, duty commissioned and swam, Daomar 0. Knight, to me known to be the Indlvldual described In 0 and who exacutod tht3 foregoing instrumany end on oath swore that ahote"eutad the foregoing inEtrurnant as tY her frog and voluntary act and dead for the aeea and purposes thareln rnentlonad. O 4=) GIVEN my hand and official goal this " day of ` ss ` 1995. Inotary slpnattrre r :,y fit; l CL e'1 {typedlprinted male of natetyl =. %,"' r a c!t Notary Public In and for the Star Wash]pgtQn .= t+.- My commisalon expirea: NIZW . 1� STATE OF V1LCMM EN ) THIRD JUDICIAL DIST.) as, ' (INDIVIDUAL NOTARY) COUNTY OF MKU ) AJfR-A • On thla day personally appeared before me, the undirOg"ned Notary Public In and for the State of y+'a>hfaom, duty commiseloned andawem, Jana Cloo, formerly kriown ♦s Jane Slfaco, to me known to be the Individual described In and who executed Lino foregoing Instruman4 and on oath swore that she executed the foregoing instrument as her free end voluntary act and dead for the uses and purposes thoraln mentioned. GIVEN my hand and official aeel this /�� day of 1885. r'Fiinri1+0q�iyry i. .a.J Inolery sltlnatural Deborah L. _Boyer_ ' itYpedlprinfed name of noeeryl Notary Public in and for the State of YV51iffi1ij) X Alaska G+t�`I My commisslon expires: I t710 319 7 '�' STATE OF WASHINGTON I 1 ss. [Partnership Notary) COUNTY OF KING I On this day pare analIY appeared before ma, ayj aV-?W T. i S U sr..z tp me known to be the •+GalarFnt✓ of TheAndrawJ.Si]scoL]mitedFamliyPennershipit.theWashingtonlimitedpartnership that executed the fofegoing instrument, and acknowfado9d the Bald instrument to ba the free and voluntary aCt in and doad of said Aannarship, fortha urea and puMosas therein manttonLtd, and on oath atstad that helsha was t� aulhorired to execute said Instrument on behalf of said partnership. O 0 GIVEN my hand and official goal thEs�� day of � C]V w1 �� . 1995. O CC r r m {typadlprintad bents of notary) Notary Public in and for the State of Washington. My commission exprrag✓.s_ .,,��} Z q �_ t� FNJoRBerNrYteQMf7.Wl �; i'nt . J•t 1: vru; O tG O H O �-1 O CD . FILED FOR RECORD AT REQUEST OF: City of Federal Nay MAIL TO: J City of Federal Nay 33530 let Nay South Federal Nay, WA 98003 ATMI Jeff Pratt r pERMAwmT EMPaENT POR DRAI1MGB FACILITIES FOR 336T8/ZITTO CORNM PROJECT For and consideration of one Dollar ($1.00) and othar valuable consideration, the receipt of Which is hereby acknowledged, Wayne 5. Knight and pag'mar Q. Knight, husband and wife, .lane Cloe, formerly known as .lane Slisco, a zaarried woman as her separate estate, and The Andrew J. slisco Limited Family Partnership 11, a limited partnership ("Grantor") grants, conveys and warrants to the CITY OF FCOEFA.L WAY, a Washington Municipal Corporation ("Grantee") for the purposes hereinafter set forth a perpetual exclusive easement under, across and over certain real property (the "Property") located in Federal Way, Washington, legally described as follows: North half of north half of north half of southeast quarter of northeast quarter lying west of State Highway, Section 20, Township 21 North, Range 4 East. W.M., in King County, Washington. Except as may be otherwise set forth herein, Grantee's rights shall be exercised only upon that portion of the Property ("Easement Area") legally described as follows: That portion of the north half of the north half of the north half of the southeast quarter of the northeast quarter lying west of State kiighway, section 20, Township 21 North, Range a East, W.H., in King county, Washington described as follows: The west 527.5 feet of the above -described property. EXCISE TAX 1 REO INED �}[] CI jorae H n �j -1- r� �EEliVEE.), ORIGINAL 0ITY OFIEDEkAL WAY BURI)ING PEPT. i i I U N ■ IS 1. purpose. Grantee and its agents, designees and/or assigns shall have the exclusive perpetual aright, without prior notice to Grantor, at such times as deemed necessary by Grantee, to enter upon the Easement to inspect, construct, reconstruct, operate, maintain, repair, replace, grade, excavate and enlarge all surface water drainage facilities including, but not limited to, underground facilities and/or systems upon and under the Easement Area, together With all necessary or convenient appurtenances thereto, including without limitation, pipes, catch basins, retention and detention facilities, ponds, biofiltration swales, ditches, water quality treatment facilities vaults and semi -buried or ground mounted facilities ("Facilities,,). Grantee shall have the right to flood the Easement Area and to engage in any and all activities and use the Easement Area for any purpose as if Grantee owns fee title to the Easement Area. Following the initial construction of the Facilities, Grantee may from time to time construct such additional facilities or any other improvements as it may require within the Easement Area. 2. Lq;�.os. Grantee shall have the right of reasonable access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. 3. op*tru_ctjonsp. _k n scaninv. Grantee may remove any and all p vegetation, trees, or other obstructions within the Easement Area, L7 and may level and grade the Easement Area. to N4• Gr_suL�Gx's liar Q�,.Fbsement. This 'Easement shall be exclusive to CD Grantee; provided, however, Grantor reserves the right to use the Easement Area in order to comply with city code requirements for open space, greenbelts or maximum lot coverage; and provided M further Grantor may install, at its expense, such facilities as reasonably necessary to provide for direct discharge of treated storm water from the Property to the Easement Area in compliance with all applicable laws and after obtaining all necessary permits. Further, Grantor shall not perforn digging, tunnelling or other form of construction activity on the property, which would disturb the compaction or unearth the Facilities on the Easement Area, or endanger the lateral support to the Facilities. Grantor shall not blast within fifteen (15) Feat of the Easement Area. 5. s A The rights and obligations of the parties shall inure to the benefit of and he binding upon their respective successors, heirs and assigns. -2- 6, Grantor shall 'maintain the Easement Area free of all encumbrances and defects and is prohibited from recording er taking any action which results in the recording of any lien, encumbrance or other defect against the Easement Area. DATED this day of JVO'e`nA�, 1995. GRANTOR: Wayne . Kn gh k7Lsg7AaP Q. kC�ght —� ,Ian oa, Pozmerly known as Cana lisco, a married �aaman as her separate estate THE ANDREW J. SLISCO LIMITED FAMILY PARTNERSHIP II C LO By: �r1� CDp,v.drt,] N C1 Its r cnr�a't 0 va -3- • P STATE OF WASHINGTON ) Q %,%46c-L ) se. [INDMDUAL XOTARY] COUNTY OF HENS ] on this day personally appeared before me, the undersigned Notary Public in and for the State of Washington, duly commissioned i and sworn, Wayne B. Knight, to tee known to be the individual described in and who executed the foregoing instrument, and on oath swore that he executed the foregoing Instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVE4 my hand and official seal this `�� ,rs�exy- qt 1995. '\ \moo--+a-.'��r. C �•, tii�C�-+, '��y� (notary atur L_car l.t - v (typad/pr nted ndMa 'sr, or, Notary Public in and Par the e'.b z� Washington,:.-. Hy commission expires: tO- STATE OF WASHINGTON ) PIRG(, ) as. [INDIVIDUAL ItOTAR.Y] COUNTY OF RE110 ) On this day personally 4ppeared before me, the undersigned C Notary Public in and for the State of Washington, duly commissioned W and sworn, ❑agmar Q. Knight, to nee known to be the individual, 0 described in and Who executed the foregoing instrument, and on oath C swore that she executed the foregoing instrument as her free and pvoluntary act and deed for the uses and purposes therein mentioned. GIVEN -- my hand and official seal this 'I day day of 1995. IQ (notary s g ture) C.,�• "+ (typed/printed na af nova Notary Public in and for Wa©hington Hy commission expires:. A -4- ='" Im. ►rm I ALASKA STATE OF ZZZMM=N } THIRD JUDIC1r1L DIST.) ss• CXN•AI7IDUAL NOTARY] 5MZN75rA iJI" X } u 6 kc3 - on this day personally appeared before me, the undersigned Notary Public in and for the State of , duly commissioned and sworn, Jane clop, formerly known as Jana Slisco, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that she executed the foregoing instrument as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this I� day of �jyu�fi [notary s gran ur G.. Deborah L. B❑ er (typed/printed name of notary) P ;�' ; ^; '�' �•ti m; Notary Public in and for the State ce 31•:1•' q; 4iltKh$}iqVbM Alaska My commission expires:10/03/97 WASHINGTON ) ) ss. EPastaership Notarpl COUNTY OF KING ) an this da personally appeared before me, AY1dY-ew - L_r5t� , to me known to be the Y12i% O of the Andrew J. Slisco Limited Family Partnership 11, the O WaBhln—gton limited partnership that executed the foregoing H instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument on behalf of said partnership. GlvF-N my nand and official seal this �� day of 1995. \ (typed/nr rated name of notary) Notary Hublic in and for the State of Washington.` iq�,^ n� r My commission expires ` r. ��rucwtcKrius • T r AGREEMEW FOR o PERPETUAL EASMUENT This Agreement for Perpetual Easenent ("Agreement") is dated effective this 2nd day of November, 1995 and in entered into between the City of Federal Way, a Washington municipal corporations ("City") and Wayne 6. Knight and Dagmar Q. Knight, husband and wife, .lane Cloe, formerly known as Jane slisco, a married woman as Andrefz her separate estate, and TheW(collect velyJ. Slisco �rePerred toimited gas W Partnership 11, a limited partnership o 'Knight/Slisco^). A. The City intends to construct and maintain the Kitts Corner/South 336th regional detention and wetland/stream restoration project ("Prajects') as a public project located on real property within the City; g. Knight/Slisca Own real property within the City, portion(,-) of which are required by the City for its Project; C. The City has notified Knight/Slisro that the City has r.� threatened to sonde= an interest in the Knight/Slisca property 7,r for the Project; and QI D. It is in the best interest of Knight/slisco and the City Z�oto reach a voluntary agreement regarding the transfer of the property from knight/Slisco to the City without the noed for ts3 condemnation litigation, if the parties can agree to the terns and E � -Licondition5 of such transfer. r NOW, TtiEREFaRE, the City and Height/Slisca enter into this Agreement for good and valuable consideration, the sufficiency and deracof which is acknowledged, in order to effect an riate proper terms ty interest tram fer to the City on the following a N teropand conditions: I. Ease w Knight/Slisco shall convey at closing permanent exclusive easements to the City by fully executing, Y3 delivering and recording easements in the form attached hereto s re Exhibit "A° and Exhibit "0'r and incorporated herein by this reference ("Permanent Easement"). The Permanent Easement affects f( the Knight/slisco real property tax parcel 202104-9004 as legally described and ae drawn in Exhibit "C", pages 1 and 2, attached hereto and incorporated by this reference ("Property"). Z. ZuXchase_Pric The City shall pay, by certified check. to Knight/511sco the su.n of Two Kundred seventy -Three Thousand TWO o Hundred Hine Dollars and 35/100 ($273,209.35) at closing. Y4 a C G W 4RIGINA, o FED' BUILDING DEPT. s • 3. jtle- 3.1 cand't a o t . Title to the permanent Easement is to be free of all encumbrances or defects other than general exclusions and exceptions approved by the City. Encumbrances to be discharged by Knight/Slisco shall be paid by Hnight/Slisco on or before closing. 3.2 w The City shall, at the City9s expense, immediately upon execution by the parties to this Agreement, apply for an ALTA standard form of owner's policy of title insurance issued by Stewart Title Company of ',Washington, Inc. The l preliminary commitment thereto, and the title policy to be issued, shall contain no exceptions other than general exclusions and exceptions approved by the City. If title cannot be made so insurable prior to the closing date, this Agreement shall be terminated. The city may elect to waive any such defects or encumbrances. 3.3 Hnight/Slisco shall be prohibited j o from encumbering the Permanent Easement in any manner following the full execution of this Agreement. raj 4. closing. 4.1 g1gs'n . This sale shall be closed on or before November 30, 1995 after the City,s satisfaction of the contingencies set forth in Section 5.1 herein, or at another time agreed to in writing by the parries; provided, however, that the parties agree to extend the cloning date for an additional two (2) weeks if the need for such extension exists in order for the City to satisfy the contingencies. 4.2 C os' s s o at'o Each party shall pay its own closing coats. Kzi'9.Islisco shall pay any real estate excise tax and rev©nue stamps. Parties shall pay those standard closing costs accruing to the date of closing on or before the date of closing. upon closing, }Hnight/Slisco will promptly apply for and diligently pursue appropriate reevaluation with the King county Assessor Of that portion of the Property subject to the Permanent Easement. The City shall support such reevaluation by writing a letter to King County and agrees to pay to Knight/Slisca at 'east ten (10) days before due and after receipt of a copy of the King County tax statement, the pro rata portion of the real property taxes applicable to the fair market value'of the Permanent Easement area equal to 0.31% of the total taxes owed on the Property from Closing until the first half, 1996 payment• upon such reevaluation, and any refund issued by the Xing County Assessor, Knight/Slisco shall pay to the City the monies the City previously paid for such real property taxes. The Cityrs obligation to pay such taxes terminates on April 30, 1996 regardless of whether or not Knight/Slisco has obtained the requested reevaluation. -2- e r, M 4.3 The City shall be entitled to possession of the Permanent Easement at closing. 5. Conti gWgieII. 5.1 The Cpntf.naenci The city's obligations under this Agreement are conditioned upon and _subject to the city's satisfaction, in its sole discretion, or the City's written waiver of the following contingencies: (a) Final approval of this Agreement by the City Council of Federal way; (b) The absence of any violation, for which notice has been given, of federal, state or city laws including without limitation, all city codes, ordinances, resolutions, regulations, standards and policies, as now existing or hereafter adopted or amended, effecting the use, occupancy or condition of the permanent Easement; (a) The pendency or threat of anyilitigationor proceeding relating to the.Property and/or the permanent Easement; or (d) Any material change in the Property, the Permanent Easement or the improvements on the Property occurring after the execution of this Agreement. 5.2 c The city shall have three (3) weeks following execution of this Agreement in which to notify, pursuant to Section 15.9, Knight/Slisco that it has satisfied, has waived satisfaction of the contingencies or has elected to terminate this Agreement pursuant to such contingencies. 5.3 at Ca t e cRgrjog. If Knight/Slisco does not receive the notice required by Section 5.2 prior to the closing date, this Agreement shall terminate. 6. city neyeLgpMpZt Conditions- Knight/Slisco may utilize the Permanent Easement area consiating of approximately 87,740 square feat in complying with any existing ❑r future city code requirements for open space, green belt, or maximum lot coverage, as a result Of Knight/slisca's development on the Property. 7, e s . Knight/Slisco hereby grants a license to the City, its agents or representatives to enter upon the remaining Property legally described in Exhibit 1D11 to place soils excavated for its project as an engineered fill on the Property, to use the property for a temporary earthwork disposal, area, and a temporary intercepter ditch, subject to the following terms and conditions: a) As part of the City's Project, the City Will grade and fill pursuant to the grading and fill plan -3 - 3 attached hereto as Exhibit "E" and incorporated herein by this reference ("Plan") and pursuant to the terms of any permit issued based upon the Plan. The City shall, at its cost, satisfy any condition of mitigation, restoration and/or replacement resulting from this grading/filling. The city agrees that the specifications delivered to Knight/Slisco on October 5, 1995, will be used by the City in bidding at this project; provided, however, that Knight/Slisco shall have no independent cause of action or claim pursuant to such specifications. The City shall have no obligation to place fill on the Property exceeding the usable fill resulting from ita excavation. The city shall determine what fill in usable in its sole discretion. in the event the available fill is not sufficient to complete the Plan, the City will use and place the available fill in a manner, to the best of City's ability and without liability, guarantee or warranty, to create a o uniform fill among the three (3) affected C14 properties known as the Wright Parcel, the Par East C "I parcal and the Property, starting at the east line and progressing west. The City shall have no obligation to construct any structural components or improvemants in connection with placing such fill and/or to incur any additional costs other than moving the available fill from the Praject and placing it on the Property, pursuant to the Plan and pursuant to all permits. . b) By Knight/slisco's execution of this Agreement, they acknowledge receipt and their approval of the Plan. c) Knight/Slisco agree to indemnify, defend and hold the City harmless from and against any and all liabilities, claims or damages (including attorney fees and costs) resulting from the City's fill of the Property described in section 7(a) above and resulting from the field condition and structural support characteristics of the existing fill on the Property. d) This license grants to the City control of the Property during the City's grading and filling activities, but no later than October 31, 1997. Any use by Hnight/Slisco of the Property shall in no way interfere with the City's use of the Property. This license will revoke upon the city's completion of the grading and filling activity; pravidod, however, that such revocation Vill not affect the City•s right of reasonable access to the Permanent Easement over and across the Property to _y_ ■ • enable the City to exercipe its rights pursuant to the Permanent Easement. a w a City shall provide in its Project sufficient storage volumes to handle treated storm water discharges from the Property under a maximum developed condition. Accordingly, the Cy agrees that Knight/Slisco, its heirs, assigns City and/or successors, shall not be required to provide any on -site retention/detention fatalities for storm water on the Property as a result of the initial development and the City shall provide such compensating storage 'within its Project; provided, however, that t1le City makes no such accommodation for any redevelopment of the Property and such redevelopoant will bo required to comply with all applicable City coders and conditions. Knight/Slisco, his heirs, assigns and/or successors, shall install at KnightySlisco's expense, facilities for direct discharge of treated storm water from the Property to the City's Project. g,-ocess' In the event Knight/Slisco, their M heirs, assigns and/or successors, apply to the city for permit(s) to develop the Property, the City agrees to reasonably expedite the W processing of any such complete application; provided, however, O that such application will be treated in the same manner as other C11 city applications. The City is bound in such processing to fully Q effect the terms and conditions in Section 6 of this Agreement. rq 0 Nothing in this Section or in this Agreement relieves Knight/Slisco a) rules, their obligation to comply with all applicable laws, codes, rules, regulations and/or per-mitting requirements. lo. KaightOlis=se t t❑ s d Wa a 'es. 10,1 K v' ❑ .e c . Knight/Slisco acknowledge that it is Knight/slisco's obligation, at their vole cost and expense to comply or ensure compliance with all federal, state, foreign and local laws or administrative orders with respect to the environmental conditions existing on the Permanent Easement at closing. 21.2 Vq Leases. Knightyslisco represent and warrant that the Permanent Easement is nut subject to any leases, tenancies or rights of persons in possession. 11.3 Na Materia L D `act. Knight/Slisco is unaware of any material defect in the Permanent Easement. 12 Contra In the event any permit is issued by the city for development of the Property, and the City elects to enter into a vritten contract with Might/Slisco for Knight/Slisco to perform the grading work described in the grading permit, Knight/Slisco, their he era, asi111n a d/orbegisuccessors uccening s rtheir conduct, at their expense, gx g/ 9 eastern boundary consistent with the terms and liwitations of the -5- O M City,s grading/filling permit as necessary to establish proper grades/foundation. 13. oraftiW . This Agreement has been mutually drafted by the parties and in the event of any dispute, terms and conditions will not be construed or applied against any party as a drafter. 14. The terms, covenants, representations and warranties contained in this Agreement shall not merge in the Permanent easement, but shall survive the closing. 15. e 15.1 �e��-cam• Time is of the essence to this Agreement. 15.2 This Agraebant contains all of the agreements of the parties with respect to any natter covered or mentioned in thin Agreement and no prior agreements or understandings pertaining to any such matters Shall be effective for any purpose. ri t0 15.3 Modification. No provision of this Agreement may be p amended or added to except by agreement in writing signed by the Gparties. 'y 15.4 ial_�4rran5L ect. Any provision of this Agreement tp which is declared invalid, void or illegal shall in no way affect, 0 impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 15.5 Govetnina_Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 15.6 Cap iP-M. The respective captions of the paragraphs of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Agreement. 3.5.7 t a t to a u Each party warrants that it has specific authority to execute this Agreement. 15.8 Rec�rd�ina. Upon full execution, this Agreement shall be recorded with the King county Department of Records. 15,9 No kc--g. Any notices required to be given to the parties shall be delivered to the parties at the following addresses either personally delivered or by depositing the noted shall be deemed States mail., postage prepaid (any p received three (3) days after the date Of mailing): city of Federal Way, c/o Londi K. Lindell, City Attorney, 33530 1st way South, Federal Way, WA 96003, and Wayne E. Knight and Dagmar Q. -6- a SETT BY-.SPATTLE, 1M. .11-22-35 '- 13*53 S'IEj— -,— BaG 343'135s 661 4024 r-IS Knight, husband and vita, Jana Clara, tormarly xnorrn as Jan1a,!&1iva0, a married woman as bar aePtirate ■state. anti The Andrew J. sllaao Limited Family Pat-tnurahip II, a liMited pa,x-tnarahip, C/o Ylayne B. Knight,'•Law ❑tCicas or stoutSer L Knight, &Uito 27Q old City Baal, 625 cc=urca Stract, Tacoma, VA 9a402. KNIGHT/SLISCO CITY OF[FEDERAL WAY a muraicgpal corporation of the State Of VdDhington' .bn—!C�a_�Darq gray e n 4 t Its: city manager Q vagmn :4 • 1[n g t ,lane C , ormer y own as Csanher separate Soo, at eaatat■ ied woman H r4 THE ANDREW J. SLISCO UNITED 0 FAMILY PARTNERSHIP II By • uMDrLe Ste+ a ATTEST: IL C ty C ark, r of Green, CliC APPROVED AS TO FOR)[: C C ernM�� x *M I Knight, husband and wife, Sane clue, formerly known as Jane Slisca, a married Woman as her separate estate, and The Andrew J. Slinco Limited Family Partnership 11, a limited partnership, c/❑ Wayne S. Knight, Law Offices of Stouffer & Knight, Suite 270 Did city Hall, 625 coerce Straet, Tacoma, WA 99402. KNIGHT/SLISCO CITY OF FEDERAL WAY a municipal corporation of the State of Washington Way ew ght Kenneth E. Nyberg Its: City Manager Q Dagmar Q. Kn ght '4 Jane c , ge rly known as cD Jane S C.married woman Oas her separate estate a O THE ANDREW J. SLISCO LIMITED m FAMILY PARTNERSSH}IP II By:�{ �3 rs o rie uJ S L, S CA Tts �.xlGral av$ner_ ATTEST: city Clerk, H. chr st ne Oteen, Emc APPROVED AS TO FORM: City Attorney, LOnCl K. Lindell -7- STATE OF WASHINGTON ) V}^F-Se-i- ) Ss. [INDIVIDUAL NOTARY] COUNTY OF on this day personally appeared before me, the undersigned Notary Public in and for the State of Washington, duly comzaisaioned and sworn, Wayne a. }might, to roe known to he the individual described in and who executed the foregoing instrument, and on oath swore that he executed the foregoing instrument as his fzee--an�' voluntary act and dead for the uses and purposes therein mentioned::.--k GIVEN my hand and official seal this �'� day of S 1995. y V-S,t, o ;1 �l 1+...�i yip` _�� `� f7..�K�: �. .•' •a f � (notary, nature�; � � a•.,� v� ,� M1i:*,'�.' r4 — (typed/printed name Gam' o pp,ry ; Q Notary Public in and for the.5�a�E of Washington ? My commission expires: rf GG ' C) STATE OF WASHINGTON ) ,e ) so. [INDIVIDUAL NOTARY] COUNTY OF HIND- ) r on this day personally appeared before me, the undersigned Natary Public in and for the State of Washington, duly commissioned and sworn, Oagcar Q. Knight, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that she executed the foregoing instrument as her free and voluntary act and dead for the uses And pur'posos therein mentioned. GIVEN my hand and official seal this ��` day_-af 1995. �� s (notary a Gl-A (typed/printed name, of. -na Notary Public in and for -tti -' to ??f;';� f Washington My commission expires: V3 G��'r��Zi � -a- A aso a ALASICA STATE OF VAIMMM} THIRD JUDICIAL DIST.} ss. (IBDIVIDII7IL NOT]IHY] COUNTY OF IKM On this day personally appeared before me, the undersigned Notary Public in and for the State of �v r, duly co=issioned and sworn, cane sloe, formarly known as Jane Slisco, to ne known to be the individual described in and vho executed the foregoing instrument, and on oath swore that she executed the foregoing instrument as her free and voluntary act and deed for the uses and purp�sas therein mentioned. GIVEN my hand and official seal this day of r,N� notary s gnature} Deborah L. 80 :,• . � --- [typed/pr rated name of notary} Notary Public in and for the State of a �Y iYXA3yLiM4=11 Alaska Hy commission expires: 10/03/97 STATE OF WASHINGTON } } as. [partnership Notary] COUNTY OF KING } On this day personally appeared before Ile, to me known to be the of The Andrew J. Slisco Limited Family Partnersh p 11, the wash�nggton limited partnership that executed the foregoing instrument, and acknowledged the said instrument to bp the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument on behalf of said partnership. GIVEN my hand and official seal this = day Ot N tiCrnn_? 1995. r {typed printed name of notary) Notary public in and for the State of Washington. lsy co ission expires-Su\.j to q5 _.9 • rxm 0 SENT BY: SEATT E. WA. :11-22-95 13:54 STEi9 206 343' I§M 861 4024 ;021 STATE OF WAMUNGTOR 3 y se. COUNTY of KING ] On this day parearally appaarGd befor* me, the und&aigned Notary Public in and for thQ state of WAQhineJtan, duly co=L�Ajpianad and sworn, KwMath E. Nybezy, to na known to+ ha the City HaT'agar of the City of Federal Kay, a Wambington )auniripal corporation, the corporation that axacuted the farago�tng inatx�an�, and acknawledped the said instrument to be the free and voiunt act and dead of said corporation, fcr the use4 and purponas Jtharein mentioned, and on oath stated that be yeas authorized to sat*4 � Q the said instrument. GrVMI my hand and official Meal this 1!Yy% 1Lay Of (no gnature �! • d Q(typedl r ad rams of not+ry) Notary 1Publi in and for the, state 0 of Waahingtortl. Xy ra=iMaiorl oxpirart W � 07 C�Idormvit4C11�It2.Aat 11•o2-95 ("-70a) -10- I 4 TO AGREEM ENT FOR PERPETUAL EASEMENT FILED FOR RECORD AT REQUEST OF: city of Federal Way MAIL TO: City of Fadoral Way 33530 lot Way South Federal Way, WA 98003 ATTNt Jeff Pratt pERKAInMT EASEXENT POR DAAINA00 FACILITIES FOR 336TU/KITTS CORNER -PROJECT M Far and consideration of one Dollar ($1.00) and other valuable consideration, the receipt of Which is hereby acknowledged, Wayne pB. Knight and Dagmar Q. Knight, husband and wife, Tape Cloe, formerly known as .Tana Slisca, a married woman as her separate estate, and The Andrew J. Slisco Limited Family partnership 11, a limited partnership ("Grantor") grants, conveys and warrants to the (4 CITY OF FEDERAL WAY, a Washington Municipal Corporation ("Grantee:") M for the purposes hereinafter get forth a perpetual exclusive easement under, across and over certain real property (the "property") located in Federal Way, Washington, a legally described as follows: North half of north half of north half of southeast quarter of northeast quarter lying west of State )3ighway, section 20, Township 21 North, Range A East, W.M., in King County, Washington. Except as may be otherwise set forth herein, Granteefs rights shall be exercised only upon that portion of the Property ("Easement Area") legally described as follows: -That portion of the north half of the north half of the north half of the southeast quarter of the northeast quarter lying west of state Highway, Section Z0, Township 21 North, Range 4 East, W.bl., in King County, Washington described as follows: The west 527.5 feet of the above —described property. -1- 3T j -r--n 0 1. gAI122pe. Grantee and its agents, designees and/or assigns shall, have the exclusive perpetual right, without prior notice to Grantor, at such times as deemed necessary by Grantee, to enter upon the Easement to inspect, canstruct, reconstruct, operate, maintain, repair, replace, grade, excavate and enlarge all surface water drainage facilities including, but not litaited to, underground Facilities and/or systems upon and under the Easement Area, together with all necessary ar convenient appurtenances thereto, including without limitation, pipes, catch basins, retention and detention facilities, ponds, biofiltration swales, ditches, water quality treatoont facilities vaults and semi -buried or ground inuunted facilities ("Facilities"). Grantee shall have the right to flood the Easement Area and to engage in any and all activities and use the Easement Area for any purpose as if Grantee owns fee title to the Easement Area. Following the initial construction of the Facilities, Grantee may from time to time construct such additional facilities or any othoc improvements as it may require within the Easement Area. GEC � 2. Access. Grantee shall have she right of reasonable access to O the Easement Are,x over and across the Property to enable Grantee to cV exercise its rights hereunder. W4 3, a 9t uct o c Grantee may remove any and all W vegetation, trees, or other obstructions within the Easement Area, M and may level and grade the Easement Area. 4. to This Easement shall be exclusive to Grantee; provided, however, Grantor reserves the right to use the Easement Area in order to comply with City code requirements for open space, greenbelts or maximum lot coverage; and provided further Grantor may install, at its expanse, such facilities as reasonably necessary to provide for direct discharge of treated storm water from the Property to the Easement Area in compliance with all applicable laws and after obtaining all necessary permits. Further, Grantor shall not perform digging, tunnelling or other form of construction activity an the Property, which Would disturb the Compaction or unearth the Facilities on the Easement Area, or endanger the lateral support to the Facilities. Grantor shall not blast within fifteen (15) feet of the Easement Area. S. ssr_cessors an}�ign The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors, heirs and assigns. -2- 6. Xg EncgMbrances. Grantor shall maintain the Easement Area free of all encumbrances and defects and is prohibited from recording or taking any action which results in the recording of any lien, encumbrance or other defect against the Eacezient Area. DATED this 7 day of GRANTOR: Wayne B. Kn ght Dagmar . Knight (23 eK sp -Jane clock rmer y Hawn as Sarre SlLacv, a married woman Cas her separate estate ai THE ANDREW J. SLISCO LIMITED FAMILY PARTNERSHIP II Bp. _ 0 :7 _ _ L.:5�rJ Its •v® STATE OF WASHINGTON } , 1RceiZc1*— ) as. [INDIVIDUAL NOTARY] COUNTY OF KING } on this day personally appeared befoara me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, Wayne B. Knight, to me known to be the individual described in and who executed the foregoing Instrument, and on oath swore that he executed the foregoing instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this `��``` day of 11CrT�l�w�_ _ r 1995. wr s r (notary naC - p • '_i`�.• r (typed/px me aazaer-q ' "s' Notary Public in and for7. Washington Hy commission expires:\6 � •S�,yn�•r%t• CS D STATE OF WASHINGTON ] rf 3 %eP.ce_ ) as. [INDIVIDUAL NOTARY] COUNTY OF iIM- ] On this day personally appeared before sae, the undersigned Notary Public in and for the State of WashingtoY, duly commissioned and sworn, Dagmar Q. Knight, to me known to be the individual described in and ► ho exacuted the foregoing instrument, and on oath r� swore that she executed the foregoing instrument as her free and voluntary act and dead for the cases and purpasea therein mentioned. GIVEN my hand and official seal this ` day of 'v% e *e , .�,u , 1995. store] (notary r •raft, :y„; .• (typed! pr rated naanw -or- Notary Pub11C in and fox:ttii Washington �tnaia ;r� My commission expires; r • I== 0 s ALASXA STATE OF f1i69M%XJ;JMX ) THIRD JUDICIAL DIST. ) se. (INDZVIDDAL NOT]1RY] COUNTY OF XXXS ) [QSFSQ•- On this clay personally appeared before me the. undersigned Notary Public in and for the State of duly commissioned and sworn, Sasso c1De, formerly known as Jane Slisco, to me known to be the individual described in and who executed the Loregoing instrument, and on oath swore that she executed the foregoing instrument an her free and voluntary act and deed for the uses and purposes therein mentioned. GIV my l hand and official seal this le day of f�ak�RPILJ —-' 1995. (notary a gnature) ':i r; •• .is Deberah - e.ai 17 1d' (typed/pr rated name of notary) =c� ` Notary Public in and for the State of • ` 1. /(l }1L�11;'i ! ` �4 (ZfT(Ylii kS�[ti Alaska My commission expires: 1o/03/97 o STATE OF WASHINGTON ) as. [partnership Natasy+] D COUNTY OF KING1.0 ) 01 On this daypersonally appeared before me, �, 0 ids IT- 5 sc-o _, to me known to be the Crt n Pva 4 £Y of The Andrew J. Slisco Limited Family Partnersh p II, the kashar�gton limited partnership that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and dead of said partnership, for the s:sss and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument on behalf of said partnership. _ GIVER my hand and official seal this "\'� day of I-) e 1995.� � r� (typed/pr n name oP nataryy Notary Public in and for the State of Washington. Hy cv=iesion expires +wrr r imme s r , 44A I.'G6�Sa2: 35 Yf ._� ° p o p xNww uunx n x1-31 si xH Y xunnn sxi iii �l }II:. "s�g7Ci ��"- � ]? D „•Y�n g i:'xS:: Nia =SY.= :",� n�n aS�..�R -� � - r y IN I�� e5-§ke-:Ltkskfs:kBhe�L�R�p�a.� :g i $ I. � C iN I - ynn■y "ry n nns [[Rif rp any nn�n g:g _ g • is I O8•lI®€Osa�ea-�vEs I All moo° C ;::.• it I p E ; C WEST CAMPUS 8USENES§--. PAFi{C I � f 12 Ji 6' CHM uW Fence 'M ufTtsY..E^'RApS' OF UN -J J'•:• ; ^''Y u ^� 328.8Y �� ]mAS' -%V �--��---�+..-�-.�N - — — . "ry • . ��. — N 4" 4 3� 10 u � _ �g®i •y I 1n IAs JiJr. [� � � •'"� � t` [ � Ilrl Am r SL • a r __ LS� I -•Y7i N is Fes,, .•II x1h;.. . ,.."k ••• n p 4+ r w�ti �I n N' c 5•- - rIr ~� I I.'�. •� . 4 a 131 iCr W� [ I 4Z7 � x � 1S'� s •''•h I x I I P Oo -01 qua t. _�� k �-k sn 7 _ 0 gg g Imo' •:,::.,� m � g I p .uvd, M-S4,li.,a 5 [ 7 i ' i' .. — .. — - � � �.X .,�.'1• � � Qn $ � y� � _I ors I I y Ito y mS N$ q z NO N I =fie 1 r g m I 11 xar4- i �M M-Ir ' a W..w hW xaMR we p'2 r� ov3rw [ 117eA.37' T r�- " 12 -4 xv6 —� --------------PACIFlC FWY_S.S �1��—� 0 ] w "s -- --- — --r — -- BUILDING DF'.T... Z U10� a �mao� n c GN P g 0 tgy? 3SIP zua.s4' (y •- Non [ a n rle s� c d s�sxsr es't. WTM iggig Ili g5 P�•Y�' ui •" y a law. [l{y� y 8' • �Q1� ^�J1 •�. = H H '��o- orLraia, eei:er`' i 1 nn MAR Fri All ' N 1'3i' --S ••• � —.or rw o? 1 — � -•� Y "'�,� � --- c o r-'� ..� r. m•�st`ia•i xoe9.a' � a 11 - � �$�� m �r...-�qA` m gx O 'Ig� . "• D: cw, �`•s��44444s y D 0 C ,A g'. -•Ii rD f.l L.1 •••1 j A w� O y!?Y i rnLz�uQy� :: �. •� = r O w^ V/ I�� - •17 I - i �11 IIR ��y7YYa �j•� iY �7h �� + �I D ,u 11,41Y I� D _SEC TION LlfiE •S py • �� M1 ~� ~~~ — '— ',- � �'pTa _ PAC. RWY. y�sy R Rl S Rq K $�P9 �'..-NSfj F IR"om 77ee i33p¢_i BLS11y11 JAI • S C PAC. HWY. Vp • •r.' , 4i tl I Return Add=; � { Carmen G. llayward y GMhem & Dunn 1420 TM Ave. 3V Floor SeattleWA48101 COVER S9EET r i i Document Title: EASEMENT FOR WETL0(DS, STREAM AND 11UMRS FOR 336M STREET/KrM CORNER � r' *b PROJECT � Grantor(s)h CAMPUS GATEWAY ASSOCIATFSs a Washington - ' limited partaenbip Grantee: Cr Y OF FEDERAL WAY Legal Description: Portion of the North Half of the Northeast Quorttr of ; � ; Section 20, Towmhip 21 North Range 4 Emt W-K in k 1Qng County Washington. , Additional legal descriptions are on Exhibit "A" pagt3 1 and 2, and Exhibit "$" psgr3 1, 2 and'3 of the docutntaL Assessor's Property Tas Parcel Account Number: 202104.9070 202104-9002 y"CE! t\'cgbC'arRdWgCu�nWsUu�.dOe�.5 `"x Y EV 1 G 0 7 2007 3 FEDERAL WAY r` �';":�---••��.�...;. r.r' i L'DING DEPT. ►► i FILE FOR RECORD AT REQUEST OF: s City of Federal Way MAM TO - City of Federal Way 33530 First Way South '. Federal Way, WA 9M Attn: Londi K. Lindell, City Attorney t EASEMENT FOR WETLANDS, STREAM AND BUFFERS FOR 336TH STREET/K1TTS CORNER PROJECT ? � 1 For and in consideration of One Dollar (S1.00) and other valuable consideration, the receipt of i' which Is hereby acknowledged, CAMPUS GATEWAY ASSOCIATES, a Washington iirslsted partnership ('GRANTOR'), grants, conveys oud warrams to the CITY OF FEDERAL WAY. a Washington Municipal Corporation ("GRANTEE") for the purposes hereinafter set forth a i perpctwit non-exclusive easement over comain real property (the "?Nt crty') located in Federal 4 Way, Washington, legally described in Exhibit A attached hereto and incorporated herein by this 1cference. Grantee's rights stall be exercised only upon that portion of the Property ("i asemcnt"} set nus l� as the surveyed wetlands and the an- hundred foot wetlands buffer boundary on parcels C and 8 of Record of Survey by Barrett Camutting Group, =corded under King County Auditor's Number 9607129012 and legally described in Exhihiit U attached hereto and incorporated herein by this reference. 1. UrpRst. Grantee shall have the non•exalusive perpetual right, without prior notice to Grantor. at such times as deemed necessary by Grantee. to enter upon the Easement for the purpose of using the wetlands, sircams. and t114ir respective buffets sa as to maintain the conveyance capacity of a required storm draiftagt project being constructed by the Grantee ars,l �. ORIGINAL a. -L i for the purpose of constructing, Operating, tvainiatrs'sng, inspecting, replttctng, or repairing surface water facilities, including pipes, manholes and other appurtertanres (collectively, the "improvemme). oar:c the construetion or the Improvements has bee completed and in the event GM,= elxts to teconsuuct (excludlag repair or repLia:merd) or enlarge the Improvements and the colt of such work exceeds the tuaount or $I00,000.0D and such work will have a negative impact On the Property, rhea Grantee shell give notice to and obtain wrinen permission from Grantor, wbioh pertaissIon will not be umm wonably w'sthbeld, for any such work; provided, bowever, that such notice in advance shall not be required In the event of an ctuergency, but immt•diatcly tbereailer, and provided, further that nothing in this Section shall be dertned to cc asIiW[a a waiver of Grantor's tight to bring any claim against the Grantee for any adverse impacts to the Property parsuant to applicable law. x. Ac�em. Grantee sball have the right of teasonable access to the PU ment to enable Gaither to exercise its rights hereunder. Such access will be afforded l such a an Access Access Maintenance Road Easement recorded of even data against the property• Maintenance Road is unavailable to use for access due to an emergency. Grantee shall have die right of access to the Easement over and across the Propt:Ry to enable Grantee to exercise its rights hereunder. 3 Graaror reserves tJtc right to use the Property r�4 and Pascrnant in order to comply with City code requireMents for open space, greenbelts. significant ttee ddgadon or maximum lot coverage. Further, Grantor may install, at their expense, and in compliance with all applicable laws and codes and after obtaining all rtecesstuy 1. permits and apptovals, such facilities as my be reasonably necessary to provide for direct discharge of treated storm wake from the Property to the Ease=Ot, which will have adequate copacily for sae.: and under Full build -*at conditions and, which facilities shall not Interfere with Grantee's use of the Easement. Further, Grantor may disturb wetlands areas on the Property and Easement to make future connections to any existing utility lines so tong as such section does not interfere with Grantee's use, is in tomptiame with ail applicable codes and after Obtaining all necessary permits and approvals. Gmajor may install landsseping on the Property subject to Grantee's reasonable approval of such Imulladon and after obtaining any required permits therefor in compliance with ail applicabic laws and codes and so long as such iandsmping is not inconsistent with Grantee's tree. 4. . The rights and obligations of the Gratuor and 0mntce shall inure to the beacfit of and be binding upon their respective successors, heirs and assigns. 34MJM06.ESY •2� s � ` 3 . y •t YF jr-; }.••. •,i .. - ••e r 4 ,'gyp ��,`��y '�C •: '�-'•" •fir: "i:��x _• r,w.. ,4.• .�;':^�,rf f:x�;r"y• .�•ix`•s.;3:�- ;;y Y. Xrl �::. Sf ��.: •; ;t�•t : � .t..s .z; � '�f •i r).F"', "� :•r+'� � + �i Y`:- .. • :s:. -y "..:- JAY: .: yy •ti:.� .•j•.•=• •t•: .:.h,`0•�a7i. i. r`7 •�: "+ . =' ' �:f-�' •�..=:1.:� ..:+•'.mot~•: s• :` ..;::_� �•i ;r^�stiXr`• .. 4 �,�•, r v 3. I,iR>I<11n�• Ora = and Qmme lnund that iu+tea of UAbbiiity with mPtd to ft t%F0.1ttt[tdOt, Rprsxdon Sstd toaiast:drshce 4f tht: Imptavel=t! airs# ft oso of the Fluemen[ and the Ptopesty by Chants[ surf amn* shall ix d* mincd under the aunat or than c,[ietitrS law. DATED this 17. dlY Of, 1996. CANMS ww alm umftedAp yhIC3G1A'iliS, s .i Iaooatd C. Schaadt Its panag PaMer GR UM& CITY OF FEDERAL WAX, a WaShingM Munldpal Corpotatkm S' x«rneth F. my Its City Mamer APPROYM A5 TU FORM 1 • L ndtll, City Attomey t •r J. 67 S. IJAIlirl Gwor mid Grantee intend that W= of NabIlity with MEW to the theEaernent =nnwft, operation an mabftWca of Me IMMvemepts RAd this use of and ft Property by Grantm and Umntee %W be d*w&md under the =Mt or then existing law. DATED this day of 1996. GRANM J CAwuS GATEWAY ASSOCIATES, a CITY OF FEDERAL WAY, a Washington Wgsblhpn limited partnership Municipal Corporation or Kes nciw MEa. uNgY Imwcram PSacrh=atult er APPROVED AS TO FORM di K. Lindell, City AtIomey A345MOGAW -3- s , t STATE OF WASHING'TON ) :, ss. COUNTY OF ) On this 11—' day of 1996, before me personally appeared LEOPARD C. SCHAADT, to rne Aown (or provers on the basis of satisfactory evidence) w be the general pastmr of C�VMWUS GATEWAY ASSOCIATES, a Washington lirttit ti : partnership, ft partnership that executed the within and foregoing instrument. and acknowledged said instrument to be the free and voluntary act and deed of said partnership. for the uses and purpD= therein mentioned, and on oath stated thus he was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. OTARY PUBLIC in and for the 5tate of Washington, residing at u My commission expires 3Nltlt+r,., Nam E M G1J Print e: , r ' Lb.n�. n■ •y J11B�Df r i STATE OF WASHINGTON ) COUNTY OF L41 On this 2�L-Iday of '�Ci 1996, before me personally ap pin{ E. NYBERG. to me persurr� y lrnrnm (or proven an the basis of satisfactory evidence) to be the City Manager of the City of Federal Way. a Washington municipal corporation, the corporation that uwLled the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and doW of said corporation, ' ;} for the uses artd purpascs therein mentioned, and on oath stated that they were authotile d to ext'nrwte the said Warumertt, and on oath further stated that he was authorized to execute the said instrument for the u= and purposes therein mentioned. IN WTIMS WHEREOF t have hereunto set my hand had affixed my official seal - tlte day and year first above written. NOTARY PUBL[C in and for the State of ;? ,• HO=�Y Washington, residing at � �2�-r� Q _ �� f. ••� My comrrussion expires i v pU9l1G Print Name: , I a s sttn WilsO', ,�I• •. .. itit11 � ;' swsru+.rsf 4- t ' M ' t STATE OF WASEWGTON ) } ss. � i • COUNTY OF ) `i on Oda day,of 1996, before me personally appeared LLONARD C. SCHAADT, to me kmmn (Or proven on the basis of satisfactory evidernr) to be the general partner of CAMFUS GATEWAY ASSOCIA'i'ES, a. Washington lirni e partnership, the partnership that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, ai£d on oath stated that he was authvrixed to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. •s NOTARY PUBLIC in and for the State of• Washington, residing at My commission expires . NPrint Name: VSTATE OF WASHINGTON j I- COUNTY OF jt4l IV (e ] �. On this a-3*',Gay of Old- 1996, before me personalty appcascd KENNETH E. NYIlERG, to me person y known (or proven on the basis of satisfactory evidence) to be the City Manager of the City of Federal Way, a Washington municipal 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 purposes therein mentioned, and on oath stated that they were authorized to execute the said 'instrument, and on oath further stated that he was autltaHied to execute the = said instrument for the uses and purWses therein mentioned. 4 IN WITNESS WmEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. ^� .fie O NOTARY PUBLIC in and for the State of ild7�Y Z Washington, residing at —Laj i w. y `la AUgkiC My commission expires !-7L�i r+ y �qc ��pp�s Print Na me r tVASa'� , r+wewa.tua -4- } ►� >:* r` ra;;Wy mil, M,%• ..r . r i t B7tHl9l•I"A' .t CAMPUS GATEWAY PROPERTY { Pared A: The bast 319 feet of the North half of the Northeast quarter of the Northeast _. quarter of Section 20, Township 21 North, linage 4 East, Willamette Meridian. . . in King County, Washington; EXCEPT the North 42 feet thereof conveyed for road by deeds recorded under recording number 7410080037; and EXCEPT that portion thereof lying within primary State Highway Humber I (Pacific Highway South) as conveyed by deeds r=rded under recording ' numbers 1778234 and 3715474; and Y l EXCEPT the Eau 223.6 feet of that portion of the South 223.6 feet of the :} t North 265.6 feet of the Fast 319 feet of the North half of the Northeast quarter ` of ttte Northeast quarter of section 20, Township 2I North, Range 4 Fast, .t ? Willamette Meridian, lying westerly of primary Stale Highway Number 1 t V (Pacific highway South) as conveyed by deed recorded under recording number ell 1778234; CIA (Also known as portion of parcel 3 of King County Lot Line Adjustment i Number 881007, recorded under recording number $812200807.) Parcel 8: t The West 280 feet of the East 599 feet of the North half of the Northeast ' quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 fast, Willamette Meridian, in King County, Washington; EXCEPT the North 42 feet thereof conveyed for road by deed recorded under recording number 7410080037. (Also known as potion of Parcel 8 of King County Lot Line Adjustment Number $81007, recorded under mording number 8912200807.) +'•. ' Marcel C: ' f}�• The Northeast quarter of the Northwest quarter of the Northeast quarter of Section 20, Township 21 North, Range4 East, Willamette MeridLn, in King 29107Al071Oe �'.'•'% 1 = 111 4x F-I 7'.•V 2"QAIO7.WC County, Washington; AUo the North half of the Namhemt quarter of the Northeast quarter of said Section 20; EXCEPT the Fat 599 feet of said North W, and EXCEPT that portion thereof I*g within the NoM 42 feet of the Northeast quuw of said Section 20 w conveyed for road by deed mot&d under recording number 7410080037. .2. a • A 1 »IBIT "B" TO e Cams GMAT WETLMS EASSH R 1.20"I)FSCREMON FOR PERMANENT BASRb NT WT1731r1 Too FOOT SUFM PARCEL NUMBER 202104 9070 - CAMPUS GATEWAY ASSOCIATES A PORTION OFTIM NORTH HALF OFTHE NORTHEAST' QUARTER OF THE NORTHEAST QUARTER OF SECTION 20. TOWNSHIP 21 NORTH, RANGE 4 EAST. WILLAbMTTEMF.RIDIAN f IN KING COUNl'Y, WASHIN=N. DESCMED AS FOLLOWS, I� f HEOINNING AT THE NORTIZISTCORNER OFSAID $KTION20.T9WMNORTH 360"'44" WEST'ALONG THE NORTH LINE OFTIMNORTHLASf QUARTER OF 7HE NORTHEAS[ QUAR7ER.778.06 FE6T,'Tii1.NM SOUTH Ol'is, 16* WEST. 42.00 FEET TO THE SOUTH 1 MARGIN OF SOUTH 336THSTREET AND TIMTRUE POINT OFBEGNMING, Tffi+.F M ALONG A NONTANQENT CURVE TO THE RIGHT WHOSE RADIAL CE M BEARS } SOUTH "931'19" WEST. I00.00FW ANARC DISTANCE OF 3V0FMM SOUTH08.19'1V W=.39,03 FEET; THENCE ALONO A CURVE TO THE RIGHT WHOSSRADIAL CENTER BEARS NOnH 81°40'40" _? C4 WEST. I00.00 FEET, AN ARC DISTANCE OF 53,62 FEET; 1;4r THENCE SOUTH4000133" WEST. 64.37 FEET. :3 THENCE SOUTH2O.47'S1" EAST. 47.93 FEET! THENCE ALONG A NONTANGBN'T CURVE TOTHE RIGHT WHOSERADIALCENfER SEARS SOUTH 26.44'17" WEST.100.00 FEET. AN ARC DISTANCE OF I38,33 FEET; THENCE. SOUTH 16%6'45" WEST 19.90 FEET; THENCE SOUTH 04`22'3I- WEST 24.45 FEET. 'THENCE ALONG A NONTANG6NT CURVE TO THE RIGHT WHOSE RADIAL CENTEA BEARS , SOUTH 14%5'SV WEST,100.00 FEET. AN ARC DISTANCE OF68.56 FEEL; THENCE SOUTH79'11'4r FAST. 57.67 FEU; THENCE ALONG A CURVE TO THE RIGHT WHOSE RADIAL CENM BEARS SOUTH 1078'11" WEST,100.00 MT. AN ARC DISTANCE OF 118.0 FEET; THENCE SOUTH 11-23'04" EAST, 49.73 FEET: THENCE SOUTH 15.13'24" %VWt.44.63 FE17 ; A F.E1118iT "B" — PACE 1 xcrwrusDoc 1 ' it' �� .,�'-• ti�,r•�i,,x�•- • r, r ,•., :..:...., .. . ; . ,}per ,�. . .s I THENCE ALONG A CURVETO THE RIGHT WHOSE RADIAL CEN73'R BEARS NORTH 74.46'36" WEST,100.00 FEET, AN ARC DISTANCE OF 13.67 FEE1''TO THE SOUTHLINE OF THE NORTH HALF THE NORTHEAST QUARTER OF THE NOR'f73EASTQUARTER OF SAID SECTION20, TRICE NORTH U 4J'O6" WEST ALONG SAID SOUTH LINE, 436,V FEET: THENCE ALONG A NONTANMC CURVA TO THE RIGV WHOSE RADIAL CENTER BEARS SWM a3'02'14" EAST,109.00 FEET. ANARCDISTANCE OP 41.72 F= THENCE NORTH4M7'34" WEST 21.87 FEET; TH'LNCB ALONG A NONTANOENT CURV$ TO TILL RIGHT WHOSE RADIAL CENIPR BEARS NORTH i9 ,sr EAST, iDo.00 FEET, AN ARC DISTANCE OF 92.73 FEET, THENCE NORTH L74VIC WEST, 20.52FEM THENCE NORTH 24042'14" WEST 45.23 FEM THENC8 ALONG A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 65417'46" EAST, i00.00 MT. AN ARC DISTANCE OF 33.90 FEET; TUMM NORTH 05110108" WEST. 26.It FEET; L•TBENCIENOR1H004418"WEST•19.17P= ht TMCB NORTH 0!'28'IC WEST 38.78 FEET; THENCRNORTH01'03'36" WEST, 53.23F= Z nWCE NORTH 00.16'OS" WW. 27.34 FEE[; Tf M(M ALONO A CURVP TO TiiE R1GILT WHOSE RADIAL CENIE9l BEM NORTH 89'43'SS" EAST, lOD.00 FEET, AN ARC DISTANCE OF 1 IJ.eS FlIE'C; TH2NCEN0RTH28'01')8" WW,1S.04F=T:, TMNCE ALONG A CMvE TO THE RIGHT WHOSERADIAL CENTER BEARS NORTH 61'J8'2Y EAST, IOO,OOFEET AN ARC DISTANCE OF 73.35F= TMCENORTH 14' 17'OT EAST. 29.66 FWP. IMCE ALANO A CURVETOTHERIGHT WHOSE RADGL CENTSRBEARS SOmi73'42'33" Fm ioD.00 FEET, AN ARC DISTANCE OF 28.02 FEETTO THB SOUTH MARGIN OF SOUTH 336TH STRBET: THENC31 SOVIH 88'44'44• EAST ALONG SAID SOUTH MARGK 191.25 PEETTOTHETRUE POINTOFBBGRIN NG. 1ImLe1 i�µ6is okC8 2 S..1T'9w 2 w f 1 I a PA.* 2 - Q I Y E yy sw ■ �a e• r L��ai}xw S M11I sl;lo7i" .—..w—•— i I . � -______ --- -- f S n I'bi f i I a m I 1A+m i I E 210 c a � 74, r -'�.. Y.:•:. •�:. .,. - - v5; ice-. , I -. .. )1:`�. a •• E I r•� 1 ry Return Address: [ ) ,� Carmen G. Hayward to Graham A Duna ; 1420 Fdh Ave. 33b ilm 5rtttle WA 98101 I i I i • V. 0 FILE FOR RECORD AT REQUMT OF: , •° 1 City of Federal Way 'r MAIL TO: City of Federal Way 33530 Fast Way South Faded Way, WA 98003 Attu: Londi K. Lindell i ACCESS MAINTENANCE ROAD AND STORM DRAINAGE EASEMENT i M~J Far and in consideration of one Dollar (SI.00) and other valuable comiderapon, the rrceipi of c oil which is hereby acknowledged, CAMPUS GATEWAY ASSOCIATES, a Washington limited i ! putaergdp ('GRANTOR', &•ants, convey% and warrants to the CrN OF FEDERAL WAY, a Washington Municipal Colponation ('GRANTW) for the purposes hereinafter act Forth a perpetual non-exclusive easement over cerWn teal property (the `Property') located in Federal P. Way, Washington, legally described in Etbiblt A, tnachtd hereto and incorporated herein by this reference. Crraatee'a rights shall be exercised only upon that portico or the property ("Easement') legally - described in EiNbit B, gnashed hereto and incorporated herein by this reference, I a The Pram- As used hvein the term 'the Froject" mwns ccrtvn X013050d cAPU imprwerrtent projects to be located 'tn the Weat Hylebas Sub -basin area of the City, which are mare fully described in the 'WH 09. WH 10. and WH I I Rt&nd Drainage Analysis and WH 08 • CIP 01 Project Qc9ip Regan" dated i]ecxmber 1994 (the "Project Design Report'), and in the final deign drawings for the Project dated June 095 ("Final Design"). ltT1lNOa.sU - i' +i ORIGINAL Y� .t. i b• MainLMana Aq�_U2_&W, As used herein the ttrm `INainttnancc Access Road' means that intcrconmeetod maintenance aersss toad to be consuucied as part or the Project across three separate lcgilty described properties. no Easement granted herein is one of three (3) such tasenenu and represt:nts a portion of the Maintenance Access Road. The Final Design for the Maintenance Access Road is set out in Exhlbit C attached hereto and incorporated herein by this reference. C. j=. As used herein the term 'Dam` refers to that certain earthen embankment that is Bari of tht project. Thc Dam is an imcgral part of the Maintenance Access Road and provides access to the west side of the Property. 2 Grantee shalt have the non-exclusive, ptrprwal right, without prior notice to Grantor, at such times,3s detmtd necessary by G=tee, to eater onto the Easement for ingress to and egress from the Project and as reasonably necessary for construction, operation, maintenance, inspection, replacement, and/or repair or the Project_ Once the constructian of the project has been completed and in the event Grantee elects to rcconstsuct, (excsuding repair or rtplaccment) or enlarge the Project, and where the cost of such work exceeds SI04,000.00 and such work will have a negative impact an the Property, then Grantee shall give: notice to and obtain written permission from Gramar, which permission shalt not be unreasonably withheld for any such work: provided, however, that such notice irz advance shell not be mqui red in the event of an amtrgentiy, but Immtdiattly thereafter, and provided further that nothing in this section shall be deemed to constitute a waiver of Grantor's rights to bring any claims against the Grantee for any adverse impacts to the Property pursuant to appiicabie law. 3. may, Grantee shall have she tight of reasonable access to the Easement to enable Crrarttee to MUC13e its rights Hereunder. Such access shall be provided by the Maintenance Access Road, if the Maimenace Access Hood is unavailable to use for access due to an emergeAcy, Grantee shall have the right of access to the Easement over and across the Property to enable Granite to exerciso its rights hereunder. 4. Granter shalt bear all expenses assaeiated with maintaining the mwntennntc Access Road until such time a Grantor commences any development activity, such as {pad aurfasc modiGeaduns, on the Property, which development activity requires Ot use of the Maintenance access Road. Grantor shall bear all txpenses associated with maintaining the Maintenance Access Road in good condition and repair ante such development activity has commenced. Grantor may, after notice to Grater, but shall not be required to, pave the Hlaintenance Access Road at any time Crrantar so desires so tong as such paving does not into cre With the Grantee's use of the $aserttent, and eamplies with all applirabic codes and laws. s.ssstma.ass -Z- 7C" ; :*: :'� f.. '.r ;4n', •4;, :.......^ is %•.. _ A.1. 5. Csrantor exprewy reserYm Pram the Beam rmd mom yenct of this Easement the right to install artd maintN'sn utility lints in the Easement In compliVCe with all applicable laws and cadet, eftu obWiting all necessary parKm or appfovais and so long as sarh ublity llnee do not interfere with Graattma's use of the Emma Tht NWrlttnano Act= RoPA will bo rued by the Granter. lts tsuoaesmrs, agebsa, designees and other ptnmitm for inVm and egras tutd any aer purpose rnastonably necessary for the use of tltt Property rmt tawnssacnt with a=tee'a ass and rn camptlxnm with all applicaNe laws rind codes. It Granted laaWla locked bollards on the P+Fo}ntansma Access Ruud, Gmtor will be famished keys of same. d• Ligbility. i3maw and Cfra" intend that issues of liability with rcpd to the ronsuue6an. operation and maintenance of the Project and ass of the Easement and the pmperty by Oraptor and Grantee thatI be drtc mined under the current or then ad3zing law. i 7. . The rights and obligations of the perdu shall inure ro the bmtfst of and bt: binding upon lhtar respective succemrt heirs and assigns. i DATED pile _) day of 1 1996. r l m GRANTOM G>RANML- [tit CAMS GATEWAY ASSOCIATES, a CITY OF FEDERAL WAY, a Washington Washington lim1w parmership Ivlaaidpel Corporation y ? >� S sy: Leonard C. Schnadt ettrteth Its Oenerai Partner Its City APPROVM AS TO FORM: a : Y.. LiadrJl, City Attflrney I ►1 .yrir e'� ••Y. STY• •' _ _ .. � .. , •. i 4r�• ' •' � M� .�%t ::fw �"•a :.{. • w 5. LUrM gQmApn. Grawr exprasly reserves ftotti the, gent and canvcyancc of Ws t Fsasament the right to itt►M and rnaioWn Wity ]fees in the Easement in compliance with all applicable laws and coda, d#ber obWt6ng all neca%my ptrm'sts or approvwB and so long as such utility lines do aot interfere with Grantee's use of the tasement The Malatenance Ac:= Read w411 be uteri by for Grantor, its mar; BMts, designers and athcr permitets � for ingreas and egress and any other pmpoas reasanabiy necessary for the use or the Property f not lnconriswt with Gt ntce's use and in compliance with all applicable laws sand codes. If Grantee installs taclxd bollards on the blaintensace Access Raid, Grantor will be Nnilshed w keys of esrne. 6. Liability Grantor and Grantee intend that lamas of liability with mprd to the ronsmsction, optmxian and maintenance of the project and use of the Easement and the Property by Urn wr and Gerona shall be determined under the current at than miAng law. f q, , The rights and obliptions of the parries shad] inure to the benefit of and be hirsding upon theft respective successors, heirs amd assigns. DATED this day of - 1996. n w GRANTOR: GRANTEE: 04 CAMS GATEWAY ASSOCIATES, a CITY OF FEDERAL WAY. a Washington l~ Washington limited partnership Municipal Corporation I By: sIS j Leonard C. Schaadt cnncth !1 Its Genetal Partner its City APPROVED AS TO FORM: :r *KUm4e�-TC�ityArw,�q� on 3439US.nr -3- :- o 4 •f STATE OF WASMOTON ) ) a�, COUNTY op ] ' On this � day of 1996, before me peraanefly appeared d LFONARD C. SCl3A01f, to m own (or proven on the basis of satisfactory evidence) to be the general parmtr of C&ViPUS GATEWAY AS40CIATESx a Washington limited partnership, the parmwahup that executed the within and foregoing instrument, and acknowledged said instrumeat to be the free and voluntary act and deed of said pannefsl ip, for the uses and purposes therein mentioned, and on oath swted that he was authorized to exetatte said instrument. IN WITNESS WHEREOF I have hereunto set my head and affixed my official seal the day and year first above arrstten. _ NOTARY PUBLIC in and for the lattopf Washington, residing a My commission ires / 1 •. Print Name- r� t STATE OF WASHINGTON )92. COUNTY OF JLI- � On this 4d3y of1 1996, 1seCart me ptrsanally MnT'H E. NYSERG, to me person y known (or proven on the basis of s4tisfa=6 evidence) to be the City Mugu of the City of Federal Way, a Washington municipal eorpeimtion, the corporation Thai executed the within and foregoing insmunent, and acknowledged said instrument to be the (tv: artd volunmry act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said insuutnenr, and on anth further stated that lie was authorized to execute the said insument for the um and pinposea therein mentioned. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and gear Snt above written. ��► �ztt '•r' NOTARY PUBLEC in and for the State of WaWngton, residing at Feder 4 �2� $ ' My commimion expires f►` s3 °lIBLIO z- Print Name: r 5 1* * :i STATE OF WASHINGTON ) i as. COUNTY OF ) L On this day of 1996, before m* personally appeued LEONARD C. SCHAADT, to me known (or provers on the basis of satisfactory evidence) to he eases general partner of CANYUS GATEWAY ASSOCIATES, a Washington limited partnership, tha partnership that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary net and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute acid instrument t IN WITNESS WHEREOF 1 have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in and for the State of Wwhington, residing at at My commission expires w�q Print Name! STATE OF WASIIINGTON ) �+ COUNTY OF olly appe (}n this —ra&y of Q 1995, before me pcisonared KENNETH E. NYBERG, to me personknown (or proven on the basis of satisfactory evidence) to he tite City Manager of the City of Federul Way, a Washington municipal corpofation, 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, 4 for tht uses and purposes therein mentioned, and on oath stated Ilia they were authorized to ; I execute the said insttumenk and on oath further stated that he was authorized to execute the said instrument for the uses and purposes therein mentioned. s''! IN WITNESS WHEMOF I have hereunto set my hand and affixed my official seal the day and ear first above written. f " `rOt�, NOTARY PUBLIC in and For the State or 004+' Washington, residing at Feole V4 Lt.2J _ M commission expires ►9—cC �'UBLIG p�C `' y 1,sy �_ Print Name: r yam, r. F /T�rr . Ic^19.9a V r �. �• F��F i . •r�i l — 4 R7 04 U N 44, er. =418rr W CAMPUS GATEWAY PROPERTY Parcel A: The Fast 319 f4 d of tht: North half of Iht: Northeast quarter of the Northeast quarw of S=tion 20, Township 21 North, It oge 4 i ant, Willamene Meridian. in King County, Washington; EXCEPT the North 42 feet thereof conveyed for road by deeds nxorded under recording number 7410080037; and EXCEPT that pardon thereof lying within primary State Highway Number 1 (Pacific Highway South) as conveyed by deeds recorded under recording numbers 1779234 and 3715474; and EXCEPT the Fast 223.6 feet of that poMoa of the Sao di 223.6 feet of the North 265.6 feet of the Post 319 feet of the North half of the Northeast quarter of the Northeast quarter of section 20, Township 21 North, Range 4 Fast, Willamette Nforidian, lying westerly of primary State Highway Number 1 (Pacific Highway South) as conveyed by deed recorded under recording number 1778234; (Also known as portion of parcel 8 aF King County Lot Line Adjustment Number 831007, rrmorded under recoiling number 8812200807.) Parcel i3: The West 280 feet of the Fast 599 feet of the North half of the Nonhcast quarter of the Northeast quarter of Section 20, Township 21 North. Range 4 East, Wilhmeuc Meridian, in King County, Washington; EXCEPT the North 42 feet thereof conveyed for road by deed retarded under recording number 741008OD37. (Also known as portion of Parcel B of King County Lot Line Adjustment Number 881007, recorded under recording number 8812200807.) Parcel C: The Northeast quarter of the Noahwrst quarter of the Northeast quarter of Section 20, Township 21 North, flange 4 East, Willarnetle Meridian, in King 791o7�ra7.DOC • t 11 .� {:ice- •�'�.:•::,«=•�' f�ti ;�.,. County, Washington; Also the Notch half of the Northmst quWa of the Northeau quarter of said Secft 20; EXCFFr the Fast 599 feet of said North half; and . IXCpIrr that portion thcreof lying within the North 42 feet of the Northeast qua= of ,aid Section 20 as conveyed for road by dced rre WW under moording cumber 741000M. I • S 29201MOMOC •�• r - I 1 I 41 • 4 L EMU "Do 10 CAMS G&WT ACCESS WEXRYM LICALIMSMUMONFORAC=LAS&MM PARMNUMEdR2(41049970 ge CAMP OAIBWAY ASSOCIMS M SOUM 10 FW(wmgAvsq9=roF7WmoItMW7OFTW NOMMV QTJARMOFUMNORMEASr QMMCWSSCMN20.TOWMMP21 NORMPANM4 LUT, WWAhMM MMIM DI =0 COUM, WASMMN'. gXCgpT THAT poRTwjjMkwmYWLWIMYOFTHR WWUARMOPSTATE MOWAYNO. I. $I -17- S f. MMULT -11- - IPME I ii; all mp� Zia, I I 1 � � Return Address: Cartmn G. Hayward t Graham & Dunn 1420 Fifth Ave, 33'" Floor t3 Seattle WA 98101 z ' COVER SUET }, I b t Document Tide: 0"ATION EASEMENT FOR 336M STREtT1KMS CORNER PROJECT pV Grantor(a}I: CAMPUS GATEWAY ASSOCIATES, a Wmhington xf° limited partnership tC� � esi N Grantee: CITY OF FEDERAL WAY cr Cr X1%Q Legal Description: Portion of the North Half of the Northeast Quarter of Section 20, Township 21 North Range 4 East W.1% in King County Washington. ; r Additional legal descriptions are on Exhibit "A^ pages 1 and 2, and Exhibit'B" pogo 1 and 2 of the document. {? i Assessor's Property Tax Parcel Account Number: 202104-9070F 202104-9002. L= �ECEIVED j;1'eVVCityFedWayGmpuelmeddiaadoC % ;UG ® 7 20-07 ,; t 7F FEDERAL WAY I I � FILE FOR RECORD AT REQUEST OF: City of Federal Way ' :i MAIL TO: City of Federal Way ' 33530 First Way South Federal Way, WA 98003 Aim: Londi K. Lindell `•' VWMATION EASEMENT FOR 33M STREET/UM CORNER PROJECT 4 For and list consideration of One I]o11ar (52.tl4) and other valuable consideration, the receipt of which is hereby acknowledged, CAPTUS GATEWAY ASSOCIATES, a Washington = '-" limited partnership ('GRANTOR'), grants, conveys, and warrants to the CITY OF FnEI'AL WAY. a ❑la3lrington Municipal Corporation ("GRANi'1=E') for the purposes z CI hereinafter set forth a perpehad non-exclusive casement over certain real property (the 'propetry') located in Federal Way, Washington, legally described in Exhibit A. attached f ZD hereto and incorporated herein by this reference. ` M mtent") Graee's rights shall be exercised only upon that portion e Property of th['Easem legally described in ExMlbit 5, attached heretO and incorporated herein by this reference. L hi= . Grantee shall have the non-Uclusivc, perpetual righi, without prior route to Grantor, at such times as deemed nG ciwy by Grantee, to allow surface water$ W enter upon the Easement. The Easement rtpresents the max mum inundation level of 289 feet to elevation. ;y ; 2. Grantor reserves the right to use the 4, property 2nd the F"ment in order to comply with City code requirernuas for open space, +' greenbelts, significant trot mitigation or maximum lot covtsagt. Further, Clrantor may install, at its expense, in compliance with all applicable laws and evdts and after obtaining au necessary permits and approvals, such facilities as may be reasonably necessary to provide 701giP6.FJ1 •t- ... �` ORIGINAL t�=: AIV, Q1 for d1fect Vcaed =rM water from the pmpeM to the Basement which will have adequate capadty for =a under full bu.Ud-M conditions, so long as any such fa.-Idldes of Grantor &W be lo=zd so as to not 111terOn with Otm='s 4m Of the E=m=- Funkier, Grantor may dLTLO wetlands areas on the PmP=tY and E=m-t to make fuftt"T cmmccdons to arty aisd" utility U= so loras as sixh conmectiom do not interfere with Grantee's UW of the Easement, am in compliance with ;U1 applicable laws artd cWdm and after obtaWng all necessary pmm4a and apomb. Orator may install lmdimping on tiro pmpcny subject to amift's imv=bla approval or wh installation, after obtaining any itqvired Wrmita and RWOW3 th0WOt, In compliance with L11 spEcable laws turd codes, and so long as such lmdsc*ing Is not jamsigent with Grantee's use of ft Easement, 3, S Mand_ Assigns, The rights and obligations of the Grantor and Grantee uWI ilitat to the b= fit of and be binding upon Its rv'JPWdvt 511=dWr% WTS and as�Lp& 4. Idabj3jly. Grantor and GraAlte Intend that issues Of kiaMbItY with rcgwd to the use Of the Easement and Property by Grantor and G=ft " be ddmnined under She "=t or Shen existing law, DATED this 1Z_ day of GRANTOP-- 0 CAMPUS GATEWAY ASSOCIATES, R CITY OF FEDERAL WAY, a Washington WWdogton limited partnenhip municipal Corporation By-. 40— Leonard i C. Schaldt th F - N Ito Gentria Pamer its city mamtr APPROVED AS TO FORM: 4t6ndiX LL-69ell, Ciry Attorney 306866s" -2. F12 For direct discharge of trcatad storm water from the Property to the Easement which will have adoquatt capadty far same under full bad-w Conditions, so long aS any such facilities of Grantor aha11 be lomtrd so as to not interfere with Grantee's use of the Fasement. Further,. Grantor may 4brurb wetlands arms on the Prapatty and Eaxment to make further connections to any existing utility liges so long as Such connections do not interfere with Grantee's use of the F.ascimt, arc in campiiance with all spplirable laws and codes and aftcx obtaining all necrrsaay permits and appravels. Grantor may install landscaping an the Property abject to Grantee's reMnable aplltawal Of such instaii.arion, alter obtaining any sutlu'tred permits urd apptwals therefor, in comAuce with All egplicable laws and codes, and so long as such landscaping is not Inconsistent with O?rantee's use of the Emmatt. 3, 5uaresaars and Assiens. The rights and obbgatiotls of the Grantor and Grantee Shall Inure to the ben e5t of and be binding upon its rmpecdvc suceessars, heirs and assigns. q, X,(gh�&. Ci=tor and Grantee Intend that issues of liability with regard to the use of the Easement and Property by Grantor and Grantee shall be determined under the current or Um existing law. DATED this _ day of ,,.y.� 1996. M GRANTOR: 4M CAMPUS GATEWAY ASSOCIATES, a Washington limited partnership ❑l e� i` s By. Leonard C. Schaadt Its General Partner 36ILMKU4 -?r GRANTEE: CITY OF FEDERAL WAY, a Washington Municipal Corporation S• x�,rnGtl,. Ny Its City Manager APPROVED AS TO FORM: ndi•1C. i.m—d-c% City Attorney r STATE OF WASIUNGTON ) ` • � ss. • COUNTY OF A4? r t?n this y of 1996, Ware me personariy appeared Lt ONARD C. SEFUC JT, to me o�( proven on the basis of satisfactory evidence) to be the pneral parmtr of C&bfFVS GATEWAif ASSOC[ATi:S, a Washington limited partnership, the partnership that execulcd the within sad foregoing instrument, and arlmawledged said instrument to be the free and voluntary act and deed of said partnership• for the uses and purposes therein mentioned, and on oath stated that hr was authorixrd to exocata said instrument. IN WITNESS WH2 EOF I have hereunto set my hand and affixed my official seal the day and year first above written. � 44 j, .� N TARY PUBLIC in and for the f Washington, residing My commission • Print Name: r f �� 1i4K *� �) k / I ri�Sf • i STATE OF WASHINGTON } ' COUNTY OF 4n his --�3r�day of 1995, before mo personally appeared i{FIVT+IMI E. NYBERG, to me persanafly known (or proven on rho basis of satisfactory evidence) to be the City Manager of the City of Federal Woy, a Washington municipal corporaton, the corporation that executed the within and foregoing insmtment, and r acknowledged said instrument to be the free and voluntary act and deed of said corporation, P. for the ruses and purposes therein mentioned, and on oath slated that they were authorized to :+ execute the said instrument, and on oath further stated that he was authorized is execute the Bald instrument for the uses and purposes theteln mentioned. IN WiI'NESS WIiEREOF 1 have hereunto set my hand and affixed my official seal the day and year first above written. ftDg�A NOTARY PUBLIC In and for the State of Z) Washington, residing at _�zdlcr�s s2_ W i. t OTA k My commission expires t- p(18L10 Print Name: ell rrttt;y WAS��t:=' • inwKacrsr -3. ':7 1 I STATE OF WASENGTON ) COUNTY OF ) On this day of 1996, before me personally appeared LEONARD C. SCHAAD"I', to me known (or proven an the basis of satisfactory evidence) to be the general partner of CAMMS GATEWAY AssOCUTES. a Washington limited r" partnership, the pat mership that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said partnefship, for the uses and purposes therein mentloned, and on oath stated that he was authorized to is execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seas r the day and year first above written. es NOTARY PU13LIC in and for the 51we of -` Washington, msiding at My commission expires Print Name- STATE OF WASHINGTON ) rt ss. COUNTY OF . On this :�3rjday of 1996, before me personally appeared KF1sNETH E. NYBERG, to me personally known (or proven on the basis of satisfactory evidence) to be the City Manager of the City Of Federal Way, a Wushingtnn municipal corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be like free and voluntary act and deed of said corporation, for the uses and purposes thereln mentioned, artd on oath stated that they were authorized to execute the said instrument, and on oath further stated that he was authorized to sxorute the said Instrument for the uses and purposes therein mentioned. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and yeas first above written. •+'eta Rd$INrtr NOTARY PUBLIC in and for the State of Washington, residing at ��{Q� E r t,0TAR_Y $ My commission expires l— ,i r i tl� F'!J$ti C f Print Name: c e► 1, , a r f►'g'114,j; 2S ' WAS -3- >rs. ". cif l '. f ti � F,XHA31T'A' t •1 CAMPUS GATEWAY PROPERTY . .N Parcel A: The least 319 feet of the NoAh half of the Notthea_4t quarter of the Northeast *- quarter of Section 20, Township 21 North, Range 4 PA34 Willamette Meridian, r in King County, Washington; EXCEPT the North 42 feet thereof conveyed for road by deeds recorded under ' s recording number 7410080037; and ; EXCEPT that portion thereof lying within primary State Highway Number 1 (Pacific 14ighway South) as conveyed by deeds recorded under recording y= ;' numbers 1778234 and 3715474; and EXCEPT the Fast 223.6 feet of that portion of the South 223.6 feet of the North 265.6 feet of the East 319 feet of the North half of the Northeast quarter •• , of the Northeast quarter of section 20, Township 21 Forth, Range 4 East, r ;* Willamette Meridian, lying westerly of primary Slate kilghway Number 1 3 (Pacific Highway South) as conveyed by deed recorded under recording number ! ' t' 1778234; t (Also known as portion of panel tt of King County Lot Line Adjustment ;=t Number 881007, recorded under recording number 831220DS07.) t1 O Parcel B: payJ. The West 280 feet of the East 599 feet of the North half of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, Willamette Meridian. in King County. Washington; EXCEPT the North 42 feet thereof conveyed for road by deed recorded under { recording number 7410080037. (Also known as portion of Parcel 8 of King County Lot Line Adjustment Number 8810M, recorded under recording number 8812200807.) Parcel C: 7'he Northeast quarter of the Northwest quarter or the Northeast quarter of s Section 20, 'Township 21 North, Range 4 East, Willamette Meridian, in King rno7MQ7.rwc . � . � is ' :. '�• .. _ _ ' ��' �'�3!7}:4 :. ;mot°e • i f�ti..x �% .:! •' mow• ~• .. ,•. Tq• •.• '.�•..�s l,.S.,Y' r - �� •rf' :.:: ;, ''-•rf : ice}•: :�':`�•n.: f' � t',, -� �..� ��y li •` 1 . r • �J�.:" � : ti!.. � .; 4 .;3 its ��! _ .�• .�� y County, Washington; Also the North half of the NMh= quarter of the Northtast quartet of $aid 5eodon Z0; EXCEPT the Fast 599 feet of said North half; acid EXCEPT that portion thereof lying within the North 42 fat of the Nortfr= quarter of said Section 20 as co:r %M for road by deed recorded under rwmT ing numbar 74100EW37. 79r07MOMM �. _ �� e.n r.Jrr .r __� _�..��rir�'�. � s-��r.�;.w•ti+w•�.r....y.y';s�... � .'�S. t EnIDIT "a" 'T'0 CAMS GA'1U47 UjmA2TOA 8L981m = ' 289 ELEVATION PARC9L HUNMER 202104 9010 CAKWUS GATEWAY ASSOCIATES A PORTION OF THE NORTH HALF OF TIM NORTHEAST' QUARTER OFTHE NORTHEAST' QUARM OF SECTION 20. TOWNSHIP 21 NORnL RANGE 4 BAST. WI L•AMETTI MMD AN IN KRM COUNTY. WASFDNGTON. DESCRIBED AS FOLLOWS: + ZgGMM AT THE NORTHEAST CORNEROP SAID SECTION 20. THENCE SOUTH 01012'4,r WEST ALONG THE EASTLINE OF THE NORTHEAST QUART'EROF7IE 140MIMAST - QUAIMER, 657.49 FELT TO THE SOUSFI LINE OF THE NORTH HALFOF THE NORUMASP QUARTER OF TIM 14OR77L =QUARTER OP SAID SECTION Sk THENCE NORTH 88•45'0r WEST ALONG SAID SOUTH MP- 801,31 FBST TO AN EIEVATIO14 OF 280 BASEP ONTM QIY OF FEDERAL WAY VMMCAL, DATUM AS OF JANUARY. M. AND THETRUE POINT OF BBOINNTNO. 7MC2 CONITNUINO NORTH na,4!'06' WEST ALONG SAID SOU1i1 LM 129.12 FEEL. TO i C1 ANYxEVA'C;OHOF289; 7HMM ALONG ANELEVATLON OF 289 THE FOLLOWING COURSES: 4 L- TmcsNORTH 16°41wEAST, 7S31Fin :• i ` THENCE NOM 02013'30" EAST. 64J2 FEEL' r: _ �s i IMCE NORTH 01033'03" EAST. 7.66 FEET'. 7H@ICE NORTH 22046.3i" WIM. 5.36 FEET, THENCE SOUM 66021'06" EAST. 4.4S FEET. TITENCB 5OU7H 01026' IY FAST. 30.31 FoRr. ' MtWCE SOUTH 09`04'49" BAST. 6." FEET`. '. ? THENCE SOUTH 66032'23" BAST. 46.20 FEET'. THENCE SOUTH 75053'05" EAST. 24.43 FRET; { Tit M SOUTH 64034'OV EASC. 33AS FEET, MJENCE SOUTH 64043'27" EAST, 10.78 FEET. THENCE SOUTH 43020'05" EAST. 11.69 "Zr. MTENCF SOUTH 18025'05" WEST, 43.17 FMTOTHETRUE POINTOFBEGINNING. :" a- 0 0 R Fz I au- i 4 N. FILE FOR RECORD AT REQUEST OF: City of Federal Way MAIL TO: City of Federal Way 33530 First Way South Federal Way, WA 98003 Ann: Londi K. Lindell, City Attomey;Y O PERPETUAL EASEENT FOR DAM AND APPURTENANT SURFACE ^t WATER STRUCTURES, PORTION OF PROJECT ROAD, WETLANDS MITIGATION AND SCREAM RECOMSTRUCTION FOR SOUTH 336TH STREETIKMS CORNER PROJECT ti For and in consideration of One Dollar (si.00) and other valuable consideration, the receipt of which is hereby acknowledged. W ILLIAM J. CHASE and JEANETTE M. CHASE. husband and wifc, as Trustees under the William J. Chase and Jcansttc M. Chase Living Trust, and JOHN If. MacLEOD and SAR,%MacLEOD. husband and wifc, as Trustees under the John H. MacLeod and Sarah MaeL¢od Family Trust ("GRANTORS"). convey, and wsrmt to the CITY OF FEDERAL WAY. a Washington -Municipal Corporation ("GRANTEV) for the purposes hereinafter set forth a perpetual non-exclusive easement over certain real property (the "Praperty") located in Federal Way, Washington. iegally described in Exhibit A attached hereto f and incorporated hereto by this rccrence. 's Gran tee's rights shall be exercised only upon slat Portia n of the Property ('Eascmcnt")se t nut as { the surveyed wetland and buffer areas on Parcel E of Record of Survey by Barrett Consulting Group, recorded under King County Auditor's Number 9607129012 and legally described in Exhibit 13 attachcd hereto and incorporate 6 heroin by this refercm:c. r 1. pLITposc. Gtantcc shalt have the non-exelusivc perpetual right, without prior notice to Grantors, at such times as d"unt!d necessary by Grantee. tocmer upon the EucmenI to vonstruct. maintain, inspect, agnrarc, replace, andlor trpair an earthen embankment and its appurtenant stnutures ("Dam"), surface watir facilities, various mitigaicd wetlands and a rceonstructud stream rasuktn,Csr -t- RE I�i } ORIGINAL �� AUG 0 7 znn� { Y OF FEDERAL WAY '3UILDINO DEPT. charmel (collectively, the "Improvements"}. Once the construction ofthc Improvements has been compkicd and in the event Graatce elects to mconswxt (excluding repair or repiacernertt), ar enlarge the Improvements and the cost of such work exceeds theamount of$100,000.00 and such work will have alnegativc impact on the Property, than Grantee shall give notice to and obtoin written perraissiott from Grantors, which permissicn will not be urucasonably withheld, for any such waste; provided, howcver,,that such notice in advance shall not be required In the event of an emergency, but immediately the rea@er;,and provided further thst nothing in this Section shall be deemed to constitute a waiver of Grantors' rights to bring any ctairns against the Grantce for any adverse impacts to the Property pursuant to applicable law, 2. Ac ant ❑LQ—v luaWp. Grantors recognize that the Dam and its appurtenant structures, including but not limited to pipes, catch basins, weirs, and any other storm water facilities belong to and an valuable property of the Grantee. a 3, ob;trttctions;yyirt, Grantee shall have the right to remove vegetation, trees or other obstructions front within the Easement. a. A=. Grantee shall have the right of reasonable access to the Easement to enable h 'lt 6e Off rd d 'o an AC'e.S Maintenance C Grantee to exercise %" rights heraanUM 5uc access wt o c yr qRnad Easement, recorded of even date against the Property. If such Access Maintenance Road is unavailable to use for access due to an emergency, Grantee shall have the right of access to the NEasomenl over and across the Property to enable Grantee to exercise its rights hereunder. el g, Use �nY� Grantors reserve the right to use the Property '- �' and Ewwment in order to comply with City code requirements for apen space, greenbelts, ; significant tree mitigation or maximum lot coverage. Further, Grantors may intsUll, at its expense and in coinplionce with all applicable laws and codes and after obtaining all necessary permits and approvals, such facilitles'us may be reasonably accessary to provide for direst discharge of treated storm water from the Property to the Easement, which faciiitirs shall not imcrferc with Grantee's use of the Easement. Further, Grantors may disturb wetlands areas on the Property and Easement to make future connections to any existing sanitary sewer lines so long as such action does riot inrcrfcre with Grahice's use, is in compliance with all applicable laws and codes and alter obtaining all necessary permits and approvals. Grantors may install landscaping on the Property subject to Gronice's reasonable approval of such inatal lalion and aRer obtaining any required permits or approvals thetefar, in compliance with a I I applicable lows and codes and so long as such landscaping is not inconsistent with Granter's use. 6, * ressnrs and Assit*rs. The rights and obligations or the Grantors and Grantee shall inure to the benefit of and be binding upon their respective successots. heirs and assigns. : ruuMOr, Es t -2. ti 08/17/20 15,30 PAZ Sig 401 0370 RattM 1�003/01B i d to the 7. gi tx. Csr:sators at+d Grantee intend that all itfLLeC of he ise f he r� rnalntenaat a of the Imgrm'rmmtt aitd talc use of tttc Easernrnt ar+d fire p,npcy by Grantors and Grantee shall he deuxmined under the cu nont or dlcn rxisting t law. ' pA2PD this mil= —day Of pN 1496. s rgADi'rpRS: GAAWTlsE. f E QTY OF FEDERAL. WAY. a Washiagron Muhtdpd Catpomdon lC.ennesh & i�Iyb . •- Williiuri i.- ax'Co-'Crustea ' Its City Manager of Est William 7. Chase and Jeancue M. Chase Living Trust APPROVM AS TO FORM: ! ''7 =eft NL ChasS I Co Truett l rq of the William ]. Cnasc and I,arsdi YC. to i, Ciry Attotxtey t 7rsnetie M Ch— Living 7rurr r ynn�st C H Ms e�• as Cn Truuee ' oC the John k MacLeod and Sarah MxcLwd Family Trust 5ersh 141scL� as Ca�Tnaseee � of tha ]0M FL ivT.a—A end i Ssxah M■rLeod iamiiy Trull raw+ossst . 7, i,+Rbilliy. OruRors And Gren+ea Insend that al! issurs of liability with regard to the convthe p pem_ by�G,cz jarx and Grantee shnl be determined undo the curtertor [ tor� existing the ProPaiY- Y laW. DATM this day of - '"d, GRANTORS: GRANTEE: CITY OF FFDMtAL WAY, a Washington Municipal Corporation i i By: William J:'Chase, as'Co-Ttostee . Ksnnst}r>v: t3r6 a of the Willltitn.L Chase and its City Manager i leaeette M. Chase Living Trust J APPROV..D AS TO FORM: lasnette bL Chase, as Co -Trustee _1i1�JC � of the William L Chw End to �K, +Attomey 0 1=ette M. ttease Living Trust %-I + �t CIA T, [t WcLeod, as Co-Trdme of the John H. MacLeod and Sa►ah MacLeod Family True 1 Ssmh Mar.Lecd, m 0;-Truatse of the John H. MacLeod and 3 Such MacLeod Family Trust s J ��lu►tot.rt: '3' A I at f1 7. Li6blii Grantors and Granoo intend that all issues of liability with regard to the construction, oyeration and maintenanck of the Itttprovarnents and the use of the Easement And the Property by Grantors and Grantee'sUi be deft mitied under the currant or then existing law, it DATED this day of 1996, f . GRANTORS: GRANTER: i CITY OF FEDERAL WAY, a Washington ! Municipal Corporation By: i William 1. Chase,;oa Co>-Trus(cc Kenneth E. Nyb of the William L Chum and Its City Manager } Jeanette M. Chase Living Trust p APPROVED AS TO FORM: Jeanette M. Chats, as Garus -Ttee j T4 ellof the William J. Chase and r �di �-I.ity Attorney Jeanette M. Chase Living Trust ,. Jahn H. MncLcad. as Co -Truster of the John H. Mucl.cod and Sarah MacLeod Family Trust d. ; y� 4 1 Sarah IvtacLeed, as Co-Tntstee of the John FL MacLeod and Sarah MacLeod Family Trost Huwos.tsr '3" d � {1 i STATE OF WASIUNG'TON } ss. COUNTY OFWi IN r,) On ti»s �}' _ day of y �, 1996, before me PusonailY appeared William J. Chase to me kruwn (or proven vn the basis of satisfactory eviderux) to be the Co-Tmstca under that certain Williar6 J. Chew and Jeanette M. Chase Living Trust dated and who exewLed the within and foregoing i>astrumeny and rt,knoM e qcd the;aald instmmerit to be;hia free and voluntary aq and dccd, as Co Truster, for the vus and purpa;cs therein mend oned- iN WITNESS WHEREOF I c o set my hind and affixed my official seol the day and year first-'abwe written. NOTAR �LIC'Jn and for the fitast of 40 +� Washington, residing at _ea—veA -N ti' �� l My commission expires �` t, Print Name: rw tLn SPATE OF WASWNGTON � 0 ) ss. �3 •its COUNTY OF AAgG,_ ) ) On this jam_ day of �nr 1996• before me personally appeared Jeanette L� hL Chase to me known (or pmvcn on the basis of satisractory evidente) to be the Co•Truatee under that ctrop William I Chasse and Jeanette M. Chase Living Trust dated j and who executed the within and foregoing instrument, and atknowle esi the sand instrument to be her Cc" and voluntary act and deed, as Cc-Trustte• far the uses and purpose thctein mentioned. x 1N WITNESS WHEREOF I have hcreurito r my hand and affixed my official seal the day and yea first above written. TARY IC in and fir the State of, • ' Washington, residing at My carnmisslon expires tO Print Marne: �`'� of • • . NUAW231 4- �4 9 0 CAs.IFa"IA STATE•01FA• ) COUNTYOF Is_AilI-CtEs ) On this 17 e- day of u der 1996. before me pmamdly appeared John EL MacLeod to me known { to be the Co-Tnutee dcr that cet'tain John H. MacLeod and Sarah Macleod Family Trust dated ! IRa3 rind who extcuted the within and foregoing instwmaat, and Acknawl edged the said innrumcr[ to be his free and voluntary act and dead, as Co•Trustee, for the uses and puiposestherein mentioned. i IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the i day and year first above written. i NOTARY PUBLIC in and for the Stuc of ,�e44-iYaahingron. residing er �c: eA } rwoq *-Cos!as30 My commiSSion expires rTIAr. 120 tot was earn SM cv.rn.pd.•s� N1 2e.1vas Print None: t~A Gwx,r-ortatn STATE OF W&9iZa't'V+ ) ' ss. COUNTY OF Las k'YI gtr-5 ) I v4 On this .17]k day of ..Tu;JC . 1996, before me personally appeared Sarah � 14 dlsc]Leod to me known () to be the Co -Trustee oe under that eenain John H. MacLeod and Such MacLeod Family Trust dated Z 1 f and who exacutM the within and foregoing instrument, and Gs acknrnviedgcd the said instrument to be her free and voluntary au and deed, as Co-Ttvstet, for the uses and purposes therein mentioned. IN WITNESS WBEREOF 1 hzve hereunto set my hand rind affixed my official sat the day and yaw first above written. t+OTARY PUBLIC in and far the Slate of G�xr�n4r�tR oOWN Wkington, raiding at A t rG Cyr • nw,orrt+ufyc�asruM1a My ebmmission expires a142G LOS AHQELFS COu!fre �,y epntr. �.pry�.R1L 76,IV90 Pdnt Name: CR ❑z. t atstxsst -S- ' 1 STATE OF WASU NGTON ) COUNTY OF I9 �r ) On thin day of a M 1996. before me. pers.ansiiy appewed KENNETH £, NYBERG, to me pemndry known (or proven on the bassi of satisfactory evidence) to be the City Monger of the City of Fcdtra) Way, a Washington municipal corporation, the 4irporation that exe�uted the within and foregoing instrument, and acknowiedgcd said instalment to be the free end voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and an oath suted that they were authorized to execute the said irisuunesit, and on oath further hated that he was authorized to execute the th 8 d sand Instrument far the uses and purposes ernn men one , IN WITNESS WHMOF I have hereunto set my hand and affixed my official Seal the day and year first above written. if I NOTARY PUBLIC in and for the Suite of f � �Q7ARl, Washington, residing at L° L � y 'w r My commission expires ��Zq a - v r*sr� HU6tlC R� � Frint,tr'amc: — ,e. b;hz0n ViAS}�t� r �y •�At�l1\ �~l QI 3 1 • 1 113NAIOaFSI •6" •� _ ;Et � r r N. E UMM "AP The land referred to in this'�ewrmitment in situated in the county of King, state of Washington, and described as follows: That portion of the south half of the South half of the northeast quarter of the northeast quarter of Section 20, Township 22 North, Range 4 Eaat, W.M., in King county, Washington, lying West of the Seattle -Tacoma higghway as 3.t sxict;d prior to July 29, 19,47: EXCEPT the fallollag.portian: Beginning at a point on the West boundary an it existeei prior to July 291947, of the Seattle -Tacoma Highway 30 feet northeasterly ] of a point whezc said west boundary of said highway intera►_cts the south line of the northeast guattar of the northeast quarter of Section 20, Township 21 Horth, Range 4 Ba¢t, W.M.: thence *rent parallel, with the south line of the northeast quarter of the northeast quarter of Section 20, township 21 North, Range 4 east, W.M., 20o feed thence north Oa10112" eaot to the north lino of the south half of the south°half of said northeast quarter of the northeast quarter of said Section 20; Chance east along said live of said south half of the South halE of the northeas qquuaxrter of tho northeast quarter of Section 20 to the said went:bound�ry of the Seattle -Taco Highway: thence eouthweoterlyy along the Vast line of Seattle -Tacoma Highway to the point of beginning; AND EXCEPT that portion thereof conveyed to the State.of Washington i0 by deed recorded under Recording Number 3722662. END OF SCHEDULE A { i S t i 1 EffiBIT "B" TO T:BASE DAM Ea�ao�= LEGAL DFACR]MON FOR pERMANENT EASEMENT WMHN 100 FOOT HOPPER PARCEL NUhMER 202104 9072 W. N. CHASE TRUST A PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF TIME NORTHMAST QUARTER OF SECTION 20. TOWNSHIP 21 NORTIL RANGE 4 EAST, WILAMETTE NjERMIAN IN MG CGUNT'Y. WASIONGT'ON, DESCRMED AS FOLLOWS; BEGINNING'AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH OP12'44' WEST ALONG THE EAST LINE OF THE NORTHEAST QUART'EROFTHP NORTHEAST QUARTER 966.23 FEET TQ Tim NORTH LINE OF THE SOUTH HALF OF THE SOUTH ]HALF OF THE HORTEEAS7 QUARTER OF NORTHEAST QUARTER OF SAM 7=ON2A; THENCE NORTH i8°4v jr WEST ALONG SAS NORTH LM 610.45 FEET-TOTHETRUE POINT OF BEG[ 4Ma; THENCE ALONG A NONTANGENT CURVE TO Tim RIGHT WHOSE RADIAL CENTER BF1RS NORTH 51130'44" WEST.100.00 FEET, AN ARCDISTANCE OF 62.93 FEET. TIFENCE SOUTH 47651'32" WEST. 36.79 FEET, THENCE SOUTH l3"IS'07" WEST.71,83 FEET; �4 THENCE SOUTH 20'11'$W WEST, 46,99 FEET; C THENCE SOUTH 24149'00" WEST, $1.29 FEET; �+ THa+CE SOUTH 19°45'34" WEST. 29.13FEET: -a-MNCE SOUTH 221316" WEST, 2l.24 FEET: THENCE SOUTH 00°03'53' EAST, 50.21 FEET TO THE SOUK{ LINE OFTTM SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECUON 20, TMXM NORTH Ss°45'28" WEST ALONG SAID SOUTH LINX 224.55 FEET; 7}iENCE NORTH 0043214v EAST, 34.00 FEET: THENCE ALONG A NONTANGENT CURVE TO THE RIGHT WHOSE RADIAL CMM2 t BEARS SOUTH 89'2T13" EAST,100.0o FEET. AN ARC DISTANCE OF 39.21 FEET: THENCE NORTH 23'00'46' EAST, 36.42 FEET: TIMNCE NORTH 17'55'00" EAST.41.24 FEET: THENCE NORTH 2B°38' l8" EAST, 40.03 F90', THENCE NORTH 23140'06" EAST.34.17 FEET. THENCE NORTH 14108'20" EAST. 26.72 FEET: MNCENORTH 1l'28'32" EAST.25-M FEET: EnIBIT "B" - PAGB 1 R-CUSE .DOC 1 t I o• TIMCII ALONG A CURVE TO THE RIGHT WEOSB RADIAL CENTER BEARS NORTH 396197r EAST, t0o.00 FEET, AN ARC DISTANCE OF'a28 FEET TO TM NORTHLOM OF TM SOUTH HALFOFTH$SOUTHI'LALFOFTHENOStIMSTQUARTMOPTHSNORT W-WQUARTER OF SAID SECTION 2% IMC8 SOUTk U-43'17" BAST ALONG SAID NORTHLM 332.70 FEETTO THE TRUE 9 a POINTOFBEGI M(3: T4_C ETIME R YJIlTI TIM FOLLOWING DESMED PARCEL FOR A PORTION OPTHE PROIBCi• ROAD: 13EGLTR3NO AT THL' NMTHEAST CORN[:Lt OF SAW SP.CIL092O: TflWM SUM 01.12'W LYM ALONG THE T3AST MIE OF TM NORTLL!'AST QUAATM OFTHE NORTU-AST QUARTZ'.1314.97 FEET TO TiM SOUTH LINE OF THE SOUTH HALF OP TES SOUTH HALF OF TM NORTHEAST QUARTER OF THE NORTHPASTQUAR MOPSAMSECTION20.THUM NORT}I!i'431w WEST ALONG SOUTH L DM 991A FMTOMMTRW POOPI.OF BEGROVe. VIENCE CONTwwo NORTH W45W WEST, 39.42 FELT: THENCE ALONG A NONTANGM4T CURVETo THE LEFT WHOSE RADIAL CIMMIIEARS NOMOPW32" EAST, $3.00 FEET. AN ARC DISTANCEAOF 65.SO FEM �f1 THENCE NORTH 23"00'46" EAST, 40.60 FEET; THENCE ALONO A CURVE TO THE L E'n WHOSE RADIAL CEMIIt BEARS SOUTH 66°39' 14" 0 FAST, 100.00 Mr. AN ARC DISTANCE OF 39.21 PEST, p MWNCESOUTH 00"32'4rWEST,74,00FEET•tOMTRUE POLNTOFBEORMO: L` �i E> MIt "B" — PAM 2 c'.2Y0(✓ Ltl{Ai21.000 2 n 9170423,1050 , V OAK WA } Mt& rr7r,rwbul law arc W, 4 7Jost, a" w,ror • R.M 13= w Ac d,l0' ■ IM M f ".Sjr w, 1 ".,r ' C nnv,a gum" 1 t a pnrlr c r` G naa If w4r7n + uo.,r 11 - A xoY,asoao J I I ►1 'mx�ru �� I J .7 L2 11. ►� IJ- __ �. t It tl5 7 >• �� I MIS ■ 6!'7S'7C A"CW SRSr SG1� 6 PACE 5 fq.- RebutsAddress: Carmen G. Hayward Graham & Dunn I420 Fifth Ale. 33`d Floor Seattla WA 98101 Document Title: to ao v _ NGrantor(su: C7 Grantee: Legal Description: 01 COVER SHEET' iM "ATION EASEMENT FOR336TH STRiMa TTS CORNER PROJECT MERLINO, JAMES L MERLINO, MICHELLE F. MERLINO, JEAN K MERLINO, PAUL L. MERLINO, C13ERYL CITY OF FEDERAL WAY Portion orthe North heirortheSouth halrorthe Northeast Quarter orthe Northeast Quarter orSeetion 20, Township 21 North Range 4 EntWX In King County Washington, eseept portion. Additional legal description is on Exhibit "A" end ambit "B" pages 1, 2, and 3 orthe document Assessor's Property Tax Pared AecouaI Number. 202104.9001 i Ji'c��CdyPadWryMdlowLnudukndoa 1' S r 0 RECEIVED AUG 0 7 2007 CITY':OF:FEDERAL WAY . JLQING REPT,, FILE FOR RECORD AT REQUEST OF: City of Federal Way KAM M, City of Federal Way 33530 Flsst Way South Federal Way, WA 98003 Attn: Londi K. Lindell DMMATION EASEMENT FOR 336th Sl'REETIKI'ITS CORNER PROJECT For and in eonsideration of 06i; Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, JAid S Z M=LiNO, rMCHELLE F. MKINO, mauar&" M. YAUL L. NERL%NO and CHERYL MERLIND ['GRAMORS'), grsnl, convey, and warrant to the, CM OF FEDERAL WAY, a Washington Municipoi t Corporation ('GRANTEE") for the purposes hereira set forth a perpetual non-xrlusive n casemcnt aver certain real property (the 'Property") located in Federal Way. Washington, S legally dL%tibed in Exhibit A., altached he= and incorporated htrcla by tills referenu. i Grantee's rights shall be excmLmd only upon that portion of the Property CFasement') I lega'Jy described in Exhibit 8, at=hed hereto and incorporated herein by lays reference. 1. RuM . Grantee shall have the non-eulasive perpetual right, without prior notice to td Grantors, m such times as deemed necessary by Grantee, to allow surface waters to enter upon the Easement. The Easement represents the maximum inundation level of 289 Felt In elevation. 2. QZMnrt' Ups of Frtzoemt_and Fsremcni. Grantors reserve the right to use the cn Property and the Easement in order to comply with City code requirements for open space. C�1 grecabc o, significant t= mitigation or maximum lot eo►"e. Further, Grantors may install, at their expense, in wmpliance with all applicable laws and ;odes and alter cbWning all tiece ,•try perrrtlts and approvals, such facilities as may be reasonably necessary to provide for direct discharge a treated storm water from the Property m the Easement which will have adequate rapacity for swnc under fuii build -out conditions, so long as arty such facilNcs of * a single person on June 5, 193 and at all times since Hrscaroe.an d- . IS urc��iivxL i I � i t � . Grantors shall be located so as to not interfere witb Grantee's use of the Fasefnent. Fuxdter. Gunton may disturb %tj?nds &etas on the Property and Easement to ttsake further arnnecdom to any existing utility lines so lung u such connections do not interferer with Grantee's u t)f the Easement, are in compliance with all applicable laws and codes and after obtaining all neumswy permits and approvals. Grantors may Install bndscaping on tlrc PropeM subject to Grantee's rcasonabfe approval of such ittstftMtion, after obtaining any required pmTn'sts and a provals therefor, In compliance with ail appUcatle laws and codes, and so long m such bantiseaying is not kcaas'satcnt with Grantee's use of the FaxindrIL 3. SurmmThe rights and obligations of the Grantors and Grantee shall inure to the ben of and be binding `upon dtdr respective surremn, heirs and assigns. 4. Cult U, Grantors and Grande intend that isxuca of iiabiliry with regard to the use of the ,Easement and Property by Grantors and GnnW shWI be deurrnined under the cufrent or then existing law. k DATED this lz� day of .1996. +! GRANT PS: GRANTEE: I CITY OF FEDERAL WAY, a Washington Municipal Corporation O C By: iLn is E. Mtrlinn - i{enrteth E Ny lela, ; Y--e /W Its City Manager ��• '%�Gdl� a- APPROVED AS TO FORM: ��cc)jb�cft F// Ma ro,.� .y t� M a*off . [ ordf K. Lindell, Ciry Attorney f 1 ul Nfcr00 ��- �v t �cn Cis i /erlinv I e f�rw�mr,eu -2- 4 ' _ � - --_ -Hai.....- . -....� ., • , •• -- - .. - is .y.l... .i as. .a ... .. .. ...r. .� u ....... .. ....—...... • . .. ..... •� A Gmntota shall be located 3o as lQ not interfew with Grantoe'a use of the Easement. Further. I3mntors may d:aturb wetlands auras an the Property and Fasentrnt to make furthet =nndons to any Gdst:ng utility liras so long as such connccrion3 do not intmf= with Grantee's use of the Easement, are in sompllanm with all applicable laws and oft and after ob%Wng all necessary permits and approvals. Granin a may bataU kadscafti; art the Property subject to Granteee% rmwaable approval of such installation, after ebtar* any required permits and appruvhl3 therefor. in compliance with all applicable taws and codes, and so long as such landscaping is not ineorolsient with Grantee's usa of the Easement. 3. 5uccesmrs and _Assigns• The rights and obligations of the Gtantore and Gravure shall Inure to the benetii of and be. binding upon their respw6ve succezor3, hein and assigns. 4. Lab iv�• Gramm and Grantee intend that itom of liability with regard to the use of the Easement wad Protxrty by Grantors and Grantee shalt be determined under the current or then existing law. DATED this day of , 1996. 1 GRANTORS: GRANTEE: . CITY OF FEDERAL WAY, a Washington ch D Municipal Corporation s � a By: James E. Merlino 1{cnneth E. N � its City Manager APPROVED AS TO FORM: Michelle F. MerUfto _ Jean M. Merlino lAndi K. Lindell, City Attomey Paul L. Morlino Cheryl Mcrlino snsouos.aas -2Tu - i Ila .4dyj n STATE OF WASMdTON COUNTY OF On this &y personally appeared Urom M�M"WO to me known to be the individual dcsziibod in and woo executed the within and foregoing Intrunmt. and 90M owl edged that tie signed the same as his free and voluntary = and deed, for the UM and Purposes 9=ein mcnticritd. Given under my hand and official seal this i-#iday of 1995. NOT11CRY PUBLIC in am1 Tar the of My Commimlon expinx STATE OF WASRWGTON COUNTY OF On this day personally appezred. Wore me WCHELIX F. e m o t 0 11 mknown 94� �I go be ft Individual described in and who executed the within a3d-Cong*g lnstrumert4 and cq acknowledged that she dped the zm as her fret z:fid �vol act and died, for the uses ft ""'as and purposes thetein mentioned. day of Given under my hand and officlid Is day of NCYrARY PUBLIC in and for the State of Waglingm, residing at MY commission expires Print Name-. is 0 STATia OF WASENGTON ) ss. COUNTY OF ) On this day pe mnally appeafad before me MM bf. MMLINO to r M to be flee indMdtW des�aibed in aad who Rated the Witbilt.and Potr;otng f, and aolawwledged that she signed the same as her five: and voluntary act and , for the uses and purposes therein mentioned. Oivea under my hand and official seat this day of t996. NOTARY PUBJXC in 9M for the Stale Of vvnsb ngtoa, jeaft at My caffaw eapirts Print . -.-- _-- STATE OF WASEVOTON ) ) ss. sC COUNTY OF ) to On this day prmwUy a before me PAUL f.. O to me known to be the individual d=dbed in and ❑ executed the within end foregoing ioMmdnt, and 0 idmawledged that he signed the a as his fees and Wuntary act and dad, for the um and 0 putpasestherein mentioned. Q3 Given under my and official ssai Uds day of _ u , 1996, N NOTARY Paws in ww far then Sato of Ke�E'�,mdding at - -� My exnunPsslan eapiras Dint Name: -4- r � t STATE OF WASHNGTON ) ) Ss. f COUNTY OF ) On this day perwTLakiy apprued before me CEIERYI, NUMLINO to me known to be the Individual dcwdbcd in and who executed the within and foregoing Innmcnr, and 1 acknowledged tha: she sigrtdd the same as her ftee.and voluntary act and deed, for the uses j and putpow therein mentioned. Given under my hand and official seal this day of , 1996. t , I l NOTARY PUBLIC in and for ft Suss of ++� f Washington, residing at 1 y commission expir Prex Print blame: STATE OF WASIIINGTON ) t ti COUNTY OF 1 r I ) 1996, before Me nail � On this :� r day of i� Y apPMMd KENNETH E. MERG, to me permnaly known (or proven on the basis of sadsfaetory eAdenca) to be the Ory Manager of the City of Federal Way, a Waytungwn municipal corporation, the corporation that execmed the within and foregoing instrument, and C) acknowledged said instrument to be the free and voluntary act and dead of Said corporation, for the hues and putposrs [hr:rc n mentioned. and on oath crated that they wen authorized to exeeutc the said instrument, and on oath furthe•. stated that he was authorised to execute the said instrument for the uses and purposes thetdn mentioned. IN WITNESS WHEREOF I have hereunto set my hand and afiuced hay ofReW seal i the day and yrar fint above written: l e 0 NOTARY PUWC In aad for the State of Washington, roiding at p�u�, My cgmtnisSlon txpim4-99 �011,,iay�i Print Name: Fh (e-uv, sasmtoa.e,z 'S' 'I _..------ ;ate �v:«-.:.i . • . - .. . O STATE OF WASHINGTON ) f ss. COUNTY OF ) On this day Personally appeared hefore me CF=YL K RLINO to me Mown to be the iodividual dr_scribcd in and who executed the within and foregoing irsstntment, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes tlterein mentioned. Given under my hand and official seal this day of , 1996. NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires Print Name, STATE OF WASHINGTON ) COUNTY OF / f t (r- ) On this ci2� day of MC 1996, before me personally appced KENNETH E, NYII>"RG, to me personaDy Imown (or ptuvcn on the bays of satisfactory N evidence) to be the City Manager of the City of Federal Way, a Washington municipal 04 corporation, the corporation that executed the within and foregoing instrument, and i p acknowWged said instrument to be the fax and voluntary act and dead of said corporation, t for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument, and on oath further stated that he was authorized to execute the said instrument for rho uses and purposes therein mentioned. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. v 4i f e S NOTARY PUBLIC in and for the State of Washington, residing at .EeA—drvkALoL� il1G My commission expires `*+�, r.zyrp�s Pt9.nt Name• &s rt�+ 9 t++t FrvX. AS�a x , wsoMoe.rn -S' 7' , _.—._.-p ♦+�• 1•iFi:..ti��YioCW:i�a.Ss1�t��.li ' _ _i _ _ •,�f�i -41 .....`.w... � n `Fees _ w 1 • i HEMIM F1W That portion of the north half of the south half of the northeast quarter of the northeast quarter of Section 20, 'Township 21 Nort:b. Rangs 4 East, R.M., in King County, Washington, described as follows: C6=encing at the northeast corner of said Section 20; thence Routh 0137130" east along the easterly line thereof, 651.37 feet to the northeast corner of Paid subdivision; to thence south 89026143" west along the northerly line thereof to the (4 westerly mrgia o£ State Highway No. I, (also kno*rn as U.S. Highway C7 No. 991 and the TRUE POINT OF BEGINNINO of the tract herein O d*acribcd; N thence continuing south W26143" west along said northerly line, to the northeast ciamer of said subdivision; 4 thence south 0029136' east along the easterly line thereof 326.S6 feet to the neut:hwast corner thereof; thence north 89027102" east along the southerly line of said subdivision, 893.70 feet; thence north 0137,300 west parallel to said easterly line of said subdivision 108.68 East; thence north 89627,022 east parallel to said southerly line of subdivision to the westerly margin of said State Highway No. is thence northerly along said Westerly margins to the TRUE POINT OF BEGINNING; ,+r • ti M BIT "B" TO 10' LU10 TTWMATTOB FASEKENT 219 ELEVATION 1I f PARCPL NUMBER 202104 MI b9MLINO. ZV4 M AND PAUL L. ' A PORTION OF MM NORTH HALF OF THE SOUTH HALF OFTHE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, T0W14S1lV 21 NO1C[Ti, RANGE 4 PAST, WILLAMIM MERIDIAN IN XING COUNTY. WASIMNGDON. DESCRIBED AS FOLLOWS: i BEGINNING AT MM NORTHEAST CORNEA OF SAID SECTION 20.7 E'NCE SOUTH 01.12'44" f WL'ST ALONG THE EAST LINE OFTHF. NORTHEAST QUARTER OF'1NE NORTHEAST QUARTER, 986.23 FmTTOTM SOUTH LDM OF7HENORTHRA1FOFTHE S OUTHHNFOF THS NORUMAS1' QUARTER OF TILE NORTimT ST QUARTER OF SATs SECTION 20; THENCE NORTH 88143' 17" WEST ALONG STEED SOUTH LRM 732.03 FEET70 AN XXVVATION OF 289 BASED ON THE CITY OF FEDERAL WAY VERTICAL DATUM AS OF JANUARY,1996, AND THE TRUE POINT OF BEGINNING; THENCE OONfINURdti NORTH w43'17" WEST ALONG SAID SOUTH Lm 113.32 FEET 70 AN ELEVATION OF 389; LD THENCE ALONG AN ELEVATION OF 289 THE FOLLOWD0 COURSES: THENCE NORTH 06°52'06" WEST, 70.61 FEM Q GV THENCE NORTH 14"0919" WEST.140.06 FEE rq THENCE NORTH 18001'22' WEST. 37.07 FEET, b THENCE NORTH06°4274" WEST,17.27 FEET; IMCE NORTH 07°47'38" WEST 23.99 FEET: THENCE NORTH 02°03'IV EAST. 46,10 FMTO THE NORTH L Dm OFTTE' NORM FIALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THENORTHPAST QUARTER OF SAID SECTION 20; THENCE SOUTH 88"43'06' EAST ALONG SAID NORTH LINE. 129.12 F"FEET TO A14-MEVATION OF 289; THENCE ALONG AN (ELEVATION OF 289 THE FOLLOWING COURSES: TITENCE SOUTH t8'13'OT WEST.7.95 FEET; THENCE SOUTH 43-24'23" EAST, LOAS FEET; THENCE SOUTH 72°33'10"EAST.6031 FEET. THENCE SOUTH 63.321V EAST.1333 FEEL; THENCE SOUTH 2T4O'43' EAST.12.85 FEET; THENCE SOUTH 23°27'20" WEST 15.95 FM; E3HI8lT "B" - PAGE 1 6 ' �'i•: •J. • art. ..- � `� � r ,• - •�. �i.�n,.....'.I:n....i.t...n.:ii:.il:: Apt.: .. w,:.��.:s.,.....�..... ... .w.nn.... s..�aM�... s- •':]�•: _.. r.. ....A 1 1 CC m Q1 O G4 N d° a THENC$ SOVPH 64'11154" WEST, 41.93 FEET, THP2 M SOUTH i3'S4'30' WEST. 77.IZ FEM t cF. fidSir112!•41•SO" mr,1031 FEm. THENCE SOUM40`34'02" ia' T 19.49 FEET. THENCESOUM39'19'20"PAV.26.5kMM . THENCIiSOUTH39'10'IS"L* 1.Si,30,99FEBi; THS M SOU'1'HM-A'16" BAST,16.82 F'EE'1: THENCES0[T W42'29'' WW. 946 FEW, THENCE SOUTH41'30W WM.45.63PERr,, THENCE SOUTH 3rS3'2r WRST. 3739 VWTO THSTIiUC POW OF 8EOINNlZf0. Entllti °a" - PAGE 2 PIZ a • t Return Addles: : Carmen G. Hayward Graham & DUan 1420 Mh Ave. 33id Eloor Seattle WA 98101 zi r COVER SEMET t ! Document Title: ACCESS MAINTENANCE ROAD AND STORM DRAINAGEEASEMENT t T" o Grantors)/: MERLINO, JAMES E. i IYMMMO, MICMLLE F. MTrRLINO. JEAN M. MERLINO, PAUL L r MERLINO, CHERYL Grantee: CITY OF FEDERAL WAY Legal Description: Portion of the North baser the South half of the Northeast Quarter of the Northeast Quarter of Section 20, Township 21 North Range 4 East W.M. in Mug County Washington, except portion. I Additional legal description is on Exhibit "A" and Exhibit +'V' pages 1, 2, and 3, and Exhibit "C" ofthe documcat. ' i Assessor's Property Tax Parcel Account Number. 202104.9001 C E l V E D f:5'eCigFedWyMediro iU( 4 7 2007 �. - FEDERAL WAY .." — ; . :. ...; ,.:i,:•:r:: • . '13UILQING, EPT. ',f =i• ` 0 • ` ti y 1 i F1l+E FOR REcoRD AT REQUEST OF: City of Fed=W Way MAIL TO: 3 City of Federal Way 33530 Fun Way South N Federal way, WA 98003 1 Attn: Londl K, Lindell. City Attorney ACCESS MAniPE1+1ANCE ROAD AND STORM DRAIWAGE EASEbWff i; For and in considernuan of t3nn poilaz (i1.00) and other valuable constderasion, the reseipi of which is hereby acknowledged, jAMFS E. Mk,RL,LNO, MLC1'ilvL.LE F. &SR11 tO, YEAN M FALIL.. L. KMLINO and C'MRn if+i'EPWO ("ORAMORS`), Bm� JIP convey, and warrant to tice CMV OF f'F]3EFAL WAIT, a Washington Municipal i' Corporation ("GRAL3'iU') for the purpasea herdeafter set forth a perpetual mm.earcltuive easematt over min real property (the "Property') tocatod in Federal Way, Wttsteiagtan, legally described in Exhibit A, attached hereto and Incurporaud herein ay this reference. Grantee's righi5 shall be exercises only upon tint portion of the Prgnrty Masement') legally described in Faxhlbit B, attached hereto and irrcprparated hereia by this reference. The Prcixt. As used herbs the term "the Project" means certain proposed capital bnProvement pmjectt to be toeated in the West Hyirbos Sutr-basin area of the City. which are mace fully described in tlta 'WH 08, WH 10. and WH l i Regional Drainage Analysis and WH D8 - CiP 01JPmjed Design Report" dated December 1994 (the 'Project Design Report'), and in the fin&! design dtawlhgs for the NeCt dated June t995 ('Flog Design'). *a single person on June 5, 1993 and at all times since. wtai+ae.eu _L- O ORIGINAL b. hMntcrtanee ss_ Road. As used berets the turn "Maintenance Access Road" means that interconnected maint&wca acetate toad to be constructed as part of the PMect across there saparate leg:.11y described properucs. The Easement granted herein is one of three P) such eammenu and mprewts a portion of the MaWMance Access Road. i The Final Design for the Maintenance Access Road is set out in F.xblbli C attached hereto and lncatpos�ird herein by this reference. C. pamL As treed herein the term "Dam" refers to that certain earthen r embanlancnt that is part of the Project. The Dam is an hupgW part of the Maintenance Access Road and provides access to the west aide of the Property. 2 EWZ b=. Grantee shall have the nM-"c1u&t, perpetual right, without prior notice to Grantors, at such Ames as deemed necessary by Grantee, to enter cam the Easement for ingress to and egress from'Ihe Project and as reasonably necessary for construction, i opmr ern, maintenance, inspecdrn. replacement, and/or repair of the Project. Once the = t cmtructiun of the Prof ect has been completed and in the event Grantee e9i7ets to reconstruct, (excluding repair or replaccment) or enlarge the Project, and where the: cost of such work :i exxcds 31DO.ODD.00 and such •:+ork will have a negative Impact on the Prapeny, then t Grantee shall give notice w and obmin written penri scion from Grantors, which permission shall not be unreasonably withheld For any such work; pmvided, however, that such notice in advanct shall not be required in the event of an emergency, but immediately thereafter; and provided furthcr that noshing in this station shalt be dcemW to consdiute a waiver of GGrantors' rights to bring any clams against the Grantee for any adverse impacts to the N Property piusuant to applicable law. 0 3. Access- Grantee shall have the right of reason" access to the Easement to embic ps Grantee w txercise its rights hemunder. Such access shall be provided by the Maintenance Access Road. If the Maintenance Access Road is unavailable to use for access due to an emergency. Grantee shall have the right of access to the Easement over and across the property to enable Grantee to exercise its rights he=oder, 4. Maintenanu of F.as+aoi. Grantee shall bear all eapcwts axsociaud with maintaining the Maintenance Ao= RORd until such time as Granmrs commence any development activity, such as land surfs= modifications, an the Property, which develtpment activity rcquues the use of the /maintenance Access Road. Grantors shall bear all expenses essoeiatcd with mainulming the Maintenance Access Road in good candiuon and repair once such devciopntnt activity has cammencai. Grantors may, aftex nutice to Grantee, but shad not be required to, pave the Maintenance Access Road at any time Grantors so desire so long as such paging does nni interfere with the Grantee's use of the Easement, and complies with ail applicable codes and laws. WUM.e+a -2- S. fZgMji RcaeZMAM. Granule's eaprcWy reserw From the grant and conveyance of this Ea=cnt the fight to install and maintain utWty lines In the Easement in compliance with all applicable laws asid cadrs, after obUning aU r=essUy permits or appruval.s and 0 long as such Wity Imes do nut interftra with Granue's use of the Eautnent. The MainWwte Accros Road will be used by the Gtantvra, their successors, agents. design= and other perrl tb= for ingass and egress and any oft purpost rtmrsably neeessary for the use of the Property oat hiconsistent With Grantcm`s ust and in compliance with all applicable laws and oodcs. If ()cartes installs locked bollards on the Maintm=ce Arcrss Road, Grantors will W fltmished keys of same. 6. Li Ujjl .. Grantom and Cl;antea intend that Issues of liability with regard to the Can6tA:ttion. operation and maintenance of the Projetf and use of the Eawncrit and the Property by Grantors and Gran tec shall be drttcmined under the current or then existing law. { 7. The rights and obligations of the parries IhW inure to the benc5t of and be binding upon their rwrpccdve suwemts. heirs and assigns. its DATED this y of 1996. r t � GRANTORS: GRANTEE: t N CITY OF FEDERAL WAY, a Washington oMunicipal Corpotation 3 � to 1 ,NCO BY f roes E. Merlino Kenrseth4E-,ytl a!!/��'E its city Manager �, MiChctlC F. Malmo,G "� APPROVED AS TO FORM: � 1 ~� j di K Lindell, City�Atwey�� Hl31MOf.YJ+1 -3- 1 k.� e. � t f�i N. S. L'xnress RemM;t4 xa. Grantors expressly reserve from thts grant and cartveyaace of this Easement the right to instal! and mdrdain udlity fines in the Fasement io compliance with Q applicable lawn and codes, affac obtaining all nuxssuy permits or appmvals and so long as such utility lines do not interfere with Granuae's use of the lasemeot• The Maintenance Aorras Road will be used by tiro Grantors, their suca=3, agents, drsignecs and other permitees for ingress and egress and any other purpose reasonably necessary for the use of the Property not inconsistent with Granteo's use rind In octnpliance with all appli"c laws sad codes. If Grantee Installs Ioclwd bollards on the Mainwance Access Road, Grantors will be furnished keys of same. 6. Liabifiry. Grantors and Grantee intend that issues of liability with regard to the Construction, orpemdon and mai.ntenanoe of the Project and use of the Easement and the Property by Grant= and Grantee shall he determined under the cus:ent or then existing law. 7. The rights and obligations of the parties shall inure to the benefit of and bo binding upon their respective suocamrs, heirs and assigns. DATED this day of _ , 1996. GRANTORS: GRANTEZ CrrY OF FEDERAL WAY, a Washington Municipal Corporation 13y. James E. Merlino Kenneth . yb Its City Manager b icheUe F. Merao APPROVED AS TO FORM: Jean M. Medino di K. �Ud,11, City Attorney wsrmoa.rse -3- t •L: . w°r �1 F � Pau L. Mcriira 1 i fn r'f die S crlino - STATE 6p WASH NGTON ) } 39. COUNTYOF Gar j Cn this day petsonaliy appeared before me MMEB-e. MERi ING to me (mown to be Um individual dcscribcd in and who c:tccutcd the witWr% and fOfqcj4 insmsmaotr atsd Fieknowledgzd that he sigceed the sam= as his free and voluntary act and deed, for the uses and p pulp= therein rrtcntioaed.�FiT : &Cc..."-V�w�` C Givcn under my hand and cMriel seal this day of 49. QTARY PUBLIC in astd fo the tc of Washington. raiding at� My commission expires _ /Ar19'a Print Name: 12MA, w &41 111s.Mos.M -4- f ' .. •F• •eye _+�' .., rikr•�ii<' ti a fit �•' STATE of WASE Nri TON ) ss. COUNTY OF ) On dsis day �Y before me bUCM= F. MT•7tL1N0 to inc known to be the Individual described ' and who exem ted list whWn and faregoing insuummt. and acknowledged drat she signed th same as her fee and voluntary act and deed, for the usa and purposes therein mentioned. Given under my hand and ofi°ts w sal this day of , 19 CARY PUBLIC in and for the State of Mngton, residing at cammmon expires t Name., t, STATE OF WASHINGTON ) u. o COUNTY OF ) On this day pcT;Dray appeatrd before me JEAN MIMING to me known to be the individual dtscribrd In and who executed the wi ' mtd fategoing instrument, and 1, acknowledged that sihc aigned the amc as her froe aad vat tmsy act and deed, for the uses + and purposes therein rnwtioned. Given under my hand and official seat this day o NOTARY PURUC in aof tlta $talee of tiyashingtan. 32A, g atnd My Cammiuion eaphw Print Name' I `i 1 0 '•:ate . '.• t�: ..-•a.5.�' _ ••. :N-.-.... .:+): � .. .. . �.......�. ..- ... .....i_.r.._ .. .....-. . -.. _..•�...:f-i:. ......A:=' 7. w::.. .`'lee. `!... -..-.L•�• - E 1 SPATE OP WASFUNGTON ) ss. COUNTY OF ) on ilia day puwrdly appcarod before PAUL L. NMRUNO to me Imown to be Mc individ-W desc6bcd in end who Baca ubad within and foregoing W"ment, and adwowfedgcd that hz idg the lime a bJ3 fr> c d voluntgryact and deal. far the uses and purpnm owein Mendoned. Given under my hand and official seal M day of____�__r_�. t4 Ht7TA8Y PU C in and for the State of Washingtotl. ding at my commission pirm Print Name: STATE 0V WASMNGTON ) N COUNTY OF ) N C On this day personally agpra W before me Cli MVL O to roe kbown to be the: individual described in and wha executed the within and fo uing instrument. and admowledged that she �Iped the same as her free and voluatuy act and deaf, for the uses and purposes therein mentioned. Given under my hand and official sea[ M _ day of , 19_ WARY PUBLIC in arid for Washington, residing at My commiulon expires Print Name. 1 . .r t a,- 0 .s —�� "• i+ � Sr • f STATE OF WASWNMON ) COUNTY OFF -KL.8! &- On this Of ,,,,1996, Wart me PwwaY VPM'td mI Y, rfM L NYBERG, me (or pro= uu tha basis of %i%&cLory VW==) to, be the: cjVlb4nqw of IM City of F*Iad Way, a Wwhlrpn municipal corporation, the corporation dmi 6xemW the wlWn and foregoing instrument, and =kni3wjcdgcd said Wtruyntnt to be the ftm and voluntary act and deed of said corporation, for the tj= and purposes thereiA mmlbaed. and on oath sealed that they vmze authorized to emmum the raid instrument, and on oath further stated that he was authorized to actule the said instrument for the wo and purposes therein mentioned. IN WITNESS WHEREOF t have huftnto at my had and affixed my QMCW SCSI the day and year first above written. NOTAitY PUBLIC in and for The State of Washington, residing at rl.9ldrAk mycomrrdulo Xpim I - - Print Name, ;I&-"— EDZ"nsbel -7- k 9 .1pa.0 ILI MMIBIT "A" MUM0 PROPYaftl'I That portion of the north half of tho south half of the northeast quarter of the northeast quarter of Section 20, Township 11 North, Ranga 4 East, W.M_, in King County, Washington, described as follorwa: Co=tncinrg at the northeast corner of said Section 20; thenco uouth 0937,30, east along the easterly line thereof, 657.37 feat to the northeast corner of said subdivision; thence south 99026'43" west along the northerlyp line thereof to the westerly margin of State ISi.ghway Np. 1, [ulsa W.."n as U.S. highway No. 991 and the TRUE POINT OF BEGINNING of the tract herein CG described; (n thence continuing south 09426#43" mat along said northerly line, to 0 the northw-eat corner of said =Wivieina; i M thenca south 0°29136" east along the westerly line thereof: 326,56 •` N feet to the nouthwaat corner thereof; C thence north 69027,02" cast along the southerly, line of said I- oub<UviSion, 693.70 feet; q) thence north 4037'30" went parallel to said easterly line of Said subdivision 108.68 teat; ;.' thence north e9°27102" east parallel taaididtsouthighwaline Of aubdivialon to the westerly z4argin ofate 11 thence northerly along aaid wastarly margin to the TRUE POINT fl8 BEGINNING; i i t ;CUUM A=8 USEHM LEGAL DESCRIPTION FOR ACCESS EASEMENT PARCEL NUNIBER 202104 MI ' I22LINO. JEAN M AND PAUL L M NORTH 20 FEET OF THE EAST 399 FEET OF TO NORTH HALF OFTHE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SBCTLON 20. TOWNSHIP 21 NORTH.RANGE 4 PAST WILLAMETTE MERIDIAN INMO COUNTY, WASMOTON: may` 2 THAT PORTION THEREOF LYING tASTF1tLY OF 'THE WEST MAROIN OF SPATE HIGHWAY NO.1. ASTRIP OF LAND 30 FEET WIDE,15 FEETON RACK SIDEOFTHE #33 } FOLLOWING DESCRIBED CIO`1nMLDM- BEGINNING ATTHE NOKHEAST CORNER OFSAID I 1 SECTTON20, THENCE SOUTH 0I'12'44"WESTALAN(lZMEASTI=OFSAMNORTHEAST QUARTER OF THE NORTHFJ=QUARTER 984.23 FTLETTOTHE SOUTHLW OFTHE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORM-64TQUARTER OFSAID SECTION 10', THENCE NORTH u-43'1T WESTALDNO $Amsou t LDM 602.37 r.G FEET TO THE TRUE POINT OF BEGINNAIO; THENCE ALONG ANONLANGENT CURVETO THE LEFT WHOSE RADIAL CENTER BEARS NORTH3rl6'2S WEST.115.00 FEET, AN ARC (D(� LV DISTANCE OF IOL99 MT. THENCE NORTH 21-34'36- Wl.'ST, 26JO FM THENCE ON A p CURVE TO nM LUT WHOSE RADIAL. CMtM BEARS SOUTH "W'2P WEST, I13.00 mr. l~ C7i AN ARC DISTANCE OF52.33FEET, THENCE ALONOAREVEASECURVET ME RIGHT WHOSE RADIAL CENTER BEARS NORTH 42'10'19" FAST. 30.00 FEET, AN ARC DISTANCE OF i 90.63 FEET; THENCE NORTH 44.44' 14" EAST, $9.63 FWP. THENCE ALONG A CLIRVB TOTHB 1 U3FTWHOSBRADIALCFNTERBEARS NORTH4$"lS'4VWEST. 113.00FOr.ANARC DISTANCE OF 49.46 FFETT'O THE NORTH LINE OFTHE HE NORTH 1111LF OF TIE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARMOFSAID SlICTION20 AND THS 710,MIUS OFTHIS CMntRLME DESCRIPTION. THE SIDE L M TO BE MCITNDIID OR SHORTENED TO BMIN ON TILE SOUTH LINE AND END ON'nM NORTH LINE OF THE NO= HALF OP T HEI SOUTH HALF OFiH6 NORIIMAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 20. ,. T EIBIBLT "B" - PACE 1 d! L7 ni [Y v CD MIBIT "a" - PAGE 2 7 ' r ' r • t 1 sn.Jrarer • "" ,• �,r; _ .. _ .. — . - -- 'I�'»: r��^I ' ,' •�S `■ ~�` fit` I ��%�� &LL AL t ELEYAnON 189' 100' BRIM ►� parr 03 rx WULMD AL 100' BUFFER 1 rr 1 l 1 r ~ 1 LAL y•r � fgtw lw &tCvAnaH' t?S0I$lT ^B^ -PACE 3 I ,,ems:. • -'�: Return Address: Carman G. Hayward Graham & Dunn 1420 Fifth Ave. 33id Floor Seattle WA 98101 Z� ~ COVERSHEET I )Document Title: EASEMENT FOR WETLANDS, STREAM AND BUFFERS FOR 3WM STREETAGITS CORNER PROaECT tY N Grantor(sy. MERLINO, JAMES ti':. MERLINO, MICHELLE F. T 1l4 MIN0, JEAN K MERLINO, PAUL L. NERLINO, CBERYL Grantee: CITY OF FEDERAL WAY Legal Description; Portlan of the North half of the Soulb barif of the B NrDrt ,east Quarter of the Nortbwt Quarter of Section 2o, Township 21 Nortb Range 4 East WX tar King County Washington, except portion. Additional legal description is on Exhibit "A" and Exhibit s "B" pages 1, 2, and 3 of the document. Assedsar's Property Tax Parcel Account Number: 202104-9001 L;CE1VED k•��,�c;iyraw,yM�an,wai.m.da CITY OF FEDERAL WILY a ' BUILDING DEPT. ,. i FILE FOR RECORD AT REQUEST OF: j City of Federal Way 1 MAIL TO: i City of Federal Way l 33530 First Way SouthGo } Federal Way, WA 98003 } CIO Attm Londi K. Lindell, City Attorney O N 4 p�j EASEMENT FOR WETLANDS, STREAM AND BUMPS FOR 336TH sTREET urns CORNER PROJECT For and is consideration of One Doilar (51.00) and Other valuable consideration, the receipt of which is hereby aftow€edged, .]AXES E. NIERLINO. h11CHELLE F. 4[ERLi{'I0, LEAN r am+* M; PAIDL L. I+3ERI.M and CHEiRYL XERLINO ('GRANTORS'), grant, convey and warrant to fiat MY OF FEDER&L WAY, a Wasriwgton mttrticipal corporation {'GRANTEE') for the purposes hereinafter set forth a perpetual, nun -exclusive rzsement over ecrWn real property {the "Pfoperty'} located in Federal Way, Washington, legally described in Exhibit A attached hereto and incorporated herein by this reference, i 1 Grantee's rights shall be exercised only upon that port€an of the Property ("Eascmtnt') set Gut as the surveyed wetlands and the one hundtxd foot wetltttxls buffer boundary on Parcel D of i Record of Survey by Barns[ Consuidsg Group, retarded under King County Auditor's iYtunbcr , 9607129012 and legally described in Exhibit R atrached hereto and incorporated hercin by this { refercnce. 1, pie, Grantee shall have the non-exclusive perpetual right, wititout prior notice m Grantors. or such 13mes as dearued necessary by Grnntrt, to enter upon the Easement for the purpose of using the wetlands, screams, and their respective buffers so as to maintain the conveyance capacity of a rt:quIrcd starm drainage project being constructed by the Grantee and for the purpose of constructing, operating, malntaining, inspect€ng, replacing, or repairing ■ a single person cn June S. 1993 and at all ti-mes since ORIGINAL i�'1• f . .:S ' � ',fir•' "�- ]��.,��. '}�..y� • , .•tom "1,� `l• • • t surface water faci]itIrs, including pipes, rnrmholes and other appurtenances (collectively, the "improvcwcats")• Oftee tha construction of the l:atprovements has been completed arrd in the cvtut Grantee elects to remnsOur I (excluding repair or repiacma at) or enlarge the tmprovcrncnts and the cost of such work exceeds the amotunt of $100,000.00 aril such work will havo a negative impact on rite Property, then Grantee shall give notice to and obtain written permission from t Grantors, which permission will not be unreasonably withheld, for any such work; provided, however, that such notice in advance shall not be required in the event of an emergency, but immediately thereafter; and provided, further that nothing ih this Section shall be deemed to constitute a waiver of Qrantors' tight to bring any delta against the Grantee for any adverse Impacts to the Property pursuant w applicable law. 2. Agcg5S. Grantee shall have the right of re-asombte access to the Easement to enable Grantee to cxeraise its rights Lm-under. Such access will be afforded via an Access MaWeama Aoad Easement recorded of even date against the Property, if such Access Maintenance Road is unavallable to use for access d u c to an cmerge ncy, Grantee shall [rave the right of access to the e uemetit over and nrross the Property to cKahl c Grantee to exercise its rights hereunder. 1 3 � Gtantors reserve the right to use the Property and Easement in order to tontply with City code requirements for open spare, greenbelts, significanc [.roc mitigation or nmimum lot coverage. Further. Granters tttay install. at their W expense, and in compliance with all appilrab,e laws and codes and after obtaining al] necessary GD m permits and approvals, such facilities as may be reasonably necessary to provide for direct E discharge of [rooted storm water from the Pmputy to the Easement, which will have adequate N capacity for wane and under full build -Gilt cond]6ans and, which faciIWC5 shall not interfere with Grantee'r, are of the Easetnem. Further. Grantors nny distrait wetlands areas on the Property end Easement to make future cnntx Wrts to arty existing utility lines so long as such action does not interfere with Grantee's use, is in compliance with all applicable laws and codes and after obtaining all n=tssury perInits and approvals- Grantors may install landscaping On " Propa ny subject to Grantee's reasonable approval of such installation and after obtaining any required permits therefor its cornpliarcc with all applicable laws and codes and so long as such landscaping is uvt inevnsistem with Grantee's use. 4, , The rights and obligations of the Grantors and Grantee shall inure to the bencftt of and be binding upon their respective successors, heirs and assigns. 3434IM06 ESS -2- r' F Liahilin . Granters and Grantee int"d Fhat issues of liability with regard to the cunsuucdon, operation and malntenanee Of the IMPtnve=nts and the use of the 1:.•tsemcnt and ' the Properly by Grantors and G�r}antee shall be dctcrmind undcf the earrnntar then existing taw. DATA ibis day of= �C +t•� , I9X N GRANTOP.S: GRANTEE: r v7 Crry OF MURAL WAY, a Washington 1vMuolclp4 Corporation Ito a,, fvo' Jamei H. MerUno �scnneth E. Aiyb - 3 Its arty Nlanagrr APPROVED AS TO FORM: Mich F. Merlins `� Y Londi K. Lindell, City Attorney M. M llno ul L. Metuno �CChheelyl iti "li // �" ! %XGGfr/IGO,,yt/law :. •eY�o'77 'I'nr 1 I S. Lifthiiily >on ntors and Granita Intend filar issues of HablUtr with rtgard to the 1 r=uwdort, operation and nWntmmca of the IrnpcavemMs and the ttta of the EAwment; and tho ptapcny ny Gmtom and orantm shall bodetrrmined underfteWuntar then Wi ting law. I ` DATED this day of1996. GRANTORS: GRANIU: CP1'Y OF FEDERAL WAY, a Washington Municipal Corporation Bar Ai�a lames B. Malmo i=utdh E. NY Its City Manager APPROVED AS TO FORM: m Wehellt: F. Merlin m 4Lon& K. Lindell, City Attorney tv a �eaniean MMer olinali n Paul L. Mcrlino Cheryl mwlino s. ,,,,�►f�,� -3- d ' _ -, a ••�.-• .� i l.i •.- i • .. . : .. . . :r 1 SPATE OF WASMNGTON > ss. COUNTY OF ) On this day ierymuy appmrcd bcfem melAAWh" MFRLTNO to me known to be the Individual described in and who caeeuted the within and foregoing Lt Ment, and octrnowlcdged tit.at he signed the saute as his frea aid voluna q act and deed, for the, yses d purposes therein nimtivned.VA ,u.".i+'�s� }� Given under my hand and official seal this &ay of , 19f4E;. OTARY PUDUC in and or the to ,4,; Fain Washington, tending at iviycamrrtission ez�ires Print i>ratrc; l�,• �gyyutr,Sy� STATE OF WASIMGTON ) {� `SOP ' Q COUNTY OF ) �o'�sittwfa Q ' day pcmnaliy appeased before me WCRELLE F. lNff RMO to me krie�+m to W the indivt described in and who cx=md the within And foregoing Ltstrttment, and acknowledged that sh ' ned tho same as her freo and voluntary act and deed, for the uses and purposes therein mention . - Given under my hand and o 'al seal this day of m to v N N RY PUBLIC in and for the State or � ' Washin , residing at r- E �' Mycomnuss expires I � Print Name; a - • Hsarao M 4" ',r,•A STATE OF WASHINGTON > )SS. COUNTY OF � ) On this day pc=aUy appoared before me JEAN M. MERWO to me known to be the irdi "dual described in ;and who executed the within and foregoing instrument. and sc!a;vwl tl t shy :[gncd the same as her flee and voluntary act and deed, for the uses and purposes the in mtnGaned. Given un my hand,and official seat this day of 14 NOTARY PUBLIC in and for the State of Washington. residing at bly commission expires )hW1 Num STATE F WASHINGTON ) q�y COUNTY OF ) D N On this day personally appcarrd before a PAUL L. h+MMNO tome known to be the individual described in and who sxccuwd the wi and foregoing 1"latment, and at lawwie�fged e7 that he signed the same as his free and voluntary and deed, for the uses and purposes tberein mentioned. Given under my hand and official seal this day of NOTARY P Vt and for the slate of Washington,t Myeommissio print gum, - 2 i • a STATE OF WASHINGTON ) u- COUNTY OF ) this day t. and ptts°nquy appeared before me CHMYL Nt�R INO to me known to be acknowledged that ahe� b in pained same as her free and voluntary act foregoingwho executed the within and dre,rfo the uses and purposes therein mendoncd. r Given urider y hand Land official seal day of l`� NOTARY PUBLIC In an a state of Washington, residing at Mycommisslon expires_ Print Name: SPATE OF WASHNGTON SS. CQUNTY OF r� 1 --- K On this � Y, of l996, before me Pessor'"y aPA�� g E. r[Y9ERG, to me person y itnown (or proven an the bans of stisfaetvey � evidence) to be the City Manager of ute City of Federal Way, A Washington rnunuand t PW p� rorpomaon, the corporation that executed the WLthitact l aaad f0m °f Ginsaid corporatiOnt. for said instrument to be the free and rolunlary rho rues and purposes therein mentioned, and on oath stated that they were authorized to exeeatc the said instrument, and an oath further stated that he was audsosizod to execute the said instrument for the uses and purposes therein mentioned. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year`,Wve written. Q�A�y NOTARY PUBLIC in and far )he State of Washington, re ift at ^t p119L1C � my commission expires I— & .O`'- 'prism Name: t L +� `ti a. ►-t a a MAMBO K:waars�mii3tirul?ti�r -6- - r ---� —--Not INNOW • STATE OF WASKVGTON ) t ss. COUNTY OF ) On this day personally app=ed Worc me CMYL AffitI.iu' G to me known to be the individual describcd in and who cxmutcd the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this day of . 19 NOTARY PUBLIC in and for the Stale of Washington, residing at Mycommission expires Print Name: _ - I STATE OF WASHINGTON ) 1z COUNTY OF 11V 6' a On this Q34day of iCc t996, before me personally appeared k �K.ENNETIi E. NYBERG. to me person y known (or proven on the basis of satisfactory t. evidence) to be the City Manager of the Ciry of Federal Way, a Washington municipal 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, far the uses and purposes therein mentioned, and on oath stated chat they were authorised to execute the said instrument, and on oath further stated that he was authorized to execute the said instrument for the use and purposes therein mentioned. IN WITNESS WHEREOF I have hereunto set my hand aad affixed my official seal the day and yeu gt;k��ovc written. r�- T�T NOTARY PUBLIC in and �hc State of �1C,q}. Z Washington. residing at y J r pUBL10 �� My atmmission expires —�� "i jai' ..�.x A Print Name: E i f� i KADO cvsa.^•�wn ' w�aMoe.ws► '6' r, is ss. COUNTY OF ) On this day personally app=ed Worc me CMYL AffitI.iu' G to me known to be the individual describcd in and who cxmutcd the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this day of . 19 NOTARY PUBLIC in and for the Stale of Washington, residing at Mycommission expires Print Name: _ - I STATE OF WASHINGTON ) 1z COUNTY OF 11V 6' a On this Q34day of iCc t996, before me personally appeared k �K.ENNETIi E. NYBERG. to me person y known (or proven on the basis of satisfactory t. evidence) to be the City Manager of the Ciry of Federal Way, a Washington municipal 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, far the uses and purposes therein mentioned, and on oath stated chat they were authorised to execute the said instrument, and on oath further stated that he was authorized to execute the said instrument for the use and purposes therein mentioned. IN WITNESS WHEREOF I have hereunto set my hand aad affixed my official seal the day and yeu gt;k��ovc written. r�- T�T NOTARY PUBLIC in and �hc State of �1C,q}. Z Washington. residing at y J r pUBL10 �� My atmmission expires —�� "i jai' ..�.x A Print Name: E i f� i KADO cvsa.^•�wn ' w�aMoe.ws► '6' r, is EMMT 00 !lLflUM PRD29 t Th4t portich of the north.;halE of the south half of the northeast quarter of the northeast quarter of Section 20: Township 31 North, Range 4 East, H.M., in King County, Washington, described as follows: Commencing at the northeast corner of said Section 20; thence south 0037=30" east along the easterly line thereof, 6S7.37 feet to the northeast corner of said subdivision: thence routh 99625'43" Nest along the northerly line thereof to the Westerly margin of State Righwny No. 1, (also known as U.S. Highway No. 99) and the TRUE PCINT.oF BEGINNING of the tract herein descxibed thence cantinuitsg south 99-261434 west along said northerly line, to the northeaat corner of said oubdivicion; thence Mouth 0/29/364 esst along the westerly line thereof 326.5E feet to the southwest corner thoreoE; thence north. 09027102R east along the southerly line of said subdivision, 993.70 foot; ' thence north 0937=30" west parallel to said easterly line of said subdivision 106.60 feet; thenco north 09�27=02" east parallel to said southerly line of subdivision to the westerly margin of said State highway No. 1; thence northerly along said westerly margin to the TRUE POINT OF BEGINNING; s 1 - � J • t EXHIBIT "B" TO MERLISO WETLANDS EASEt1Eff LEGALDESCRWTION FOR PERMANENT EASEMENT WITHIN 100 FOOT BUFFER j { i PARCEL. NUMBER 202104 9001 � 1 NIERI.INO, JEAN M, AND PAUL L. f i . A PORTION OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF MM NORTHEAST QUARTER OF SECTION 20. TOWNSHIP 21 NORTH. RANGE 4 BAST, ' WIL Abt TTE MERIDIAN IN KING COUNTY, WASHTNGTON. DEEMED AS FOLLOWS: i s BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH 01.12'4,r i WEST ALONG THE EAST LINE OFTHE NORTHEAST QUARTEROFTHE NORTHEAST QUARTER, 657.49 FEET TO THE NORTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OP SAID SECTION 20; THENCE NORTH 88'45'06" WEST ALONG SAP) NORTH LINE, 598.01 FEET TO THE TRUE POINT OF BEGINNING. THENCE ALONGA NONTANGENT CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 66036'49" WEST.100.00 FEET. AN ARC DISTANCE OF 73.99 FEET; n THENCE SOUTH 6502618" WEST, 6.47 FEET. C3 THENCE ALONG A NONTANGENT CURVE TO TIM RIGHT WHOSE RADIAL CENTER BEARS NORTH 78044*26" WEST.100.00 FEET, AN ARC DISTANCE OF52.67FEET. cq + RT THENCE SOUTH 11903'12" WEST, 42.87 FEET, S ? THENCE SOUTH09,11'22" EAST, 7.13 FEET; 3 iTHENCE ALONG A NONTANCENT CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS SOUTH 24926'33" WEST. IOD.00 FEET, AN ARC DISTANCE OF 76.76 FEE P. THENCE SOUTH 21'34'36" EAST. 26.80 FEET; THENCE ALONG A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS SOUTH 6B92S'24" WEST, 100.00 FEET, AN ARC DISTANCE OF 104,25 FEET TO TIe SOUTH LINE OFTHE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OFTHF NORTHEAST QUARTER OF SAID SECTION20; THENCE NORTH 88945' lr WEST ALONG SAID SOUTH LINE. 33L70 FEET; 1111ENCE ALONG A NOISTANGENT CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 8 V 1743" EAST.100.00 FEET, AN ARC DISTANCE OF 1136 FEET; THENCE NORTH 0291114" WEST.4211 FEET; � THENCE NORTH 04942'51"EAST;16.29 FEET: B^�I87 T "S" — PAC? I i :e 4 .•_..uw...�..•4:..•a�.._.. i._•.... �.. ...ram ..._�.�.....�...l,a._�..i. .. .... :ti:es'IJr•: S'e•r.w�... J1i—.. ..... � • THENCENORTH 11.001A9" WEST.14.57FEbT. THENCE NORTH 2P31'44" WEST. 23.22 Md', THENCE NORTH 11-06-11" WEST, 52.40 F10ri; THENCE NORTH 09-27'30" WEST. %62 mir. THENCE NORTH 33920'W" WEST, 21.77 FES'1`, THENCE NORTH 1490V WEST. 42.71 FZM THENCE NORTH M0'31" WEST. 63.67 IMr cc cc THENCE ALONG A NONTANOWr CURVE TO TILE RIGHT WHOSE RADIAL CZNTM BUM Q NORTH 70' 10'19" EAST.100.OD F'EEIr. AN ARC DISTANCE OF43M FEET 707H6 NORTH LINE N C'4 OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHIM QUARTEROF THE 41* 0 NOR: +:MISTQUARTERR OP SAID SECTION 20 Tm—;cz sOUTH 88°45.Od" zAsT .iLOrroSAID mom M 416.071 MT01M 7Ru8 FOiNT Of BECOMING: r, ys�.yD MlBIT "B" — PACE 2 A•6t8NtJ10.[70C 2 � e m 7� y R 4 I� IM � �' -----�`- .' •� — — ~• "" i'—i rruv�yC �li1� — noY t tt�lbf [[ were {i r G r 1 $ lac � , ` f 1 1 9 MEREINOCOF ! 4im i O ierr � a N � 1111 L - r IN ! j ! a 20IM90e6 r � + M PIY+f 11110• �• U r F2U[BIr "6" — PACE 3 • •y 1 t 'tip. •::,,. :. r _ 0. Rcturn Address: Carmen G. Hayward k! Graham & Dunn 1420 Fifth Ave. 33" Floor Seattle WA 98101 A; J COVER SHEET DocumentTille: TEWowity coNsTRucTION CASEMENT FOR MANHOLE AND RELATED FACILITIES CAMPUS GATEWAY ASSOCIATES, a Washington limited partnership CITY OF FEDERAL WAY 4 Vd 0 Legal Description., Portion of the North Half of the Northeast Quarter or Section 20, Township 21 North Range 4 Ent W.M. in King County Washington. Additional legal descriptions are an Exhibit 'N" pages I A and 2, and Exhibit "B" pages I and 2 of the datument. Assessor's Property Tax Parcel Account Number: 202104-9070 202104-9002 J ACEIVED j:Vcgh'CityFcdW4yCdffipusT"hluMcLdm AUG 0 7 2007 .IYOFFEDERAL WAY QUILDING DEPT. ilk 0; 1 I FILE FOR PZCORD AT REQUEST OR City of Fcd--m! Way MALL TO: City of Federal Way 33530 rKm Way South Federal Way, WA 98001 Atm, Londi K. Lindell, City Attorney TEMPORARY CONSTRUCTION EASEMENT FOR MANHOLE AND RELATED FACMr= For and in coinsiderad on of One [?altar {S1.00) and other valuable consideration, the receipt of which is hereby acknowledged, CAMPUS GATEWAY ASSOCIATES, 2L Washington tirnilt:4 partnership ('0 RA NTOR^). grants, conveys, and warrants to the CITY OF FED ERA L WAY, a Washington mualcipnJ corporation ('GRANM') for the purposci hereinafter set forth temporary =psnctloa easement under, across and over certain real property (the "Property") located in Federal Way. Washington, legally described In Exhibit A. attached hereto and incorporated herein by this reference. Grantee's righ 1i shall be exercised only upon that portion of the Property ('FASCn1CM') lCg,111Y described in F—,dilbit 1), attached hereto and incorporated herein by this rclercrice. 1, kwLnLr. Grantee and Its agcrizs, dmigD=, jmd1or assignu shall have the wmPqy.-zy 4 right, withoutto the 0 = to r, at such times as deemed newviary by Grantee to ej itt. notice upon the e sole purpose of ton i tim c ung a manhole and related facIN ties as 14 designated In that certain capital ImprovcMem project to bt located in the West HyIeDos SO- ,^4 basin area of the City and set out in Fuit-a designs by CR2M Hill dated kne 1995 ('P(0JecL')- 2. AfS&s . Grantee shall have the right of access over the Property to the Easement for purposes of cor=C60n' 3. TsTnljll ittSrR This Easement shall remain in full force and effect until completion of the Project. DATED this 42Y of 1996. GRANTOR: GRANTEE: CAMPUS GATEWAY ASSOCIATES, a CITY OF FEDERAL WAY. a Washington Washington Uriacd parMcIshl MunIcipal Corporatlon By: By: e- Kenzicth E. Nyberg Its General Partner Its city ma"&tr Ajldmwelz A- lr"II.E FOR RECORD AT REQUEST OF: City of lred=l Way MAIL TO: City of Federal Way 33530 First Play South Federal Way, WA 98003 Am, Londi K. Lindell, City Attorney t 'i .r, TOMRARY CONSTRUCTION EASEXW FOR MANHOLE AND RELATED FACILITIES For and in ronsi&mOon of One Dollar (31,00) and mYcr valuable consideration. the receipt of which is h c reby acknowl edged, CA,WUS GATEWAY ASSOCIATES, a Washington €imited partnership ("0RAN OR"), grams, conveys. and warrants to the CITY OF FEDERAL WAY. Ln a Washington municipal corporation ('GRA-NTFI-") for the purposes hereinafter se forth a urnporary construction casement under, across and over certain r&d property (the "Properly"] rr Iodated in Federal Way, Washington, legally descrihcd in Exhibit A, attached hereto and t!t incorporated herein by this reference. Grarnwe's righs, shall be exercised only upon that portion of she Pmpcny ("Easement") logaily L' drscribW in F--j hit B, attached hereto and incorporated herein by this refemmc. 1. P.u=. Gtantre and its agents, designers, and/or assigns shall have the temporary right, without prior notice to the Grantor, at such times as deemed necessary by Grantee: to enter upon the Propeny far the sale puW., of constructing a manhole and related facilities os designated in that certain capital emprovcntent pmjett to be located in the West Hylebos Sub - basin area of the City and set out in final designs ay C B 2 M W I dated June 1995 ("Project'). 2. Accem. Grantee shall have the right of access over the Propeny to the Easement for purposes of construction. 3. Temiit . This Easement shall remain in full force and effect until completion of the Project. DATED this _. day of , 1996. GRANTOR: GRANTEE: CAMPUS GATEWAY ASSOCIATES, a CITY OF FEDERAL WAY, a Washington Washington limited partnership Municipal Corporation e �I •7 By: By: Leonard C. Schaadt Kertne E. Nyberg Its Gencral Partner Its City Manager 143MM06 elr • €" ORIGINAL •Sty ■ APPROVED AS TO FORM: n i f' ndeli, City Attorney STATE OF WASHINGTON ) ] ss. COUNTY OF , } • on this / day of 1996. btfore me personally appeared LEONARD C. SC AADT, to rre known (or provtn on the basis of satisfactory evidence) to be the gcnrml partner of CANM5 GATEWAY ASSOCIATES, a Washington limited ; partnership, the parmershipthat executcd the within and foregoing instrument, and aeknowicdged ' said instrument to be the free and voluntary act and deed of said partnership, for tha uses and purposes therein mentioned, and on oath stated that he was authorized to ex(xute said Instrument. a� IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. 114 CTARY PUBLIC in and for he S of tf Washington, residing at r�} M� commission expires Prim Name: C.v 44= 903 STATE OF WASHINGTON ) 0i;,n�orb COUNTY OF _ K 1 �ti �• ) On this A day of ° 1M, be fare me personally appeared Ph'ILiP KEIGHTI.EY, to me personally know or proven on the basis of sa4sfat:tory tvidtnre) to be the Lieputy Ciry hianager of the City of Federal Way, a Washington municipal corporation, the cc- oration that rxecutcd d:ewiddn and foregoing instrument, and aeknow [edged said instrument to he the free and voluntary ain and deed of said corporation, for the uses and purgascS thcrein mentioned, and on oath stated that they were authorized to execute the said utsuurnent, and an vath funhsr ststM that he was authorized to enmute the said instrvnsent for the uses and : purposes lherdn mendoned. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official sea! the day and yesr First above written. � NCTARY SJUBLIC its rind for me State— �t3TrwY Washington, residing at �+•*— 7 My commission expires iVA5'U()L1G �= Print NWr C: L Ir. se ►� 7hti, l.�,e4 ,}O_ _ ustaxrcn.ell tAS��: -2- I I A APPROVED AS TO FORM: n t ndell. City Attpmcy STATE OF WASHINGTON ) i ) ss. COUNTY OF ) On this day of 1996, before me pe:rsonaily appeared LEOI ARD C. SMCtDT, to me known (or proven an the basis of satisfactory evidence) to be the general panner of CAMPUS GATEWAY ASSOCIATES, a Washington limited partnership, the partnership thatcxmuted the within and foregoirig insirunit! nt, and ac knowledged said instrument to be the f= and voluntary act and deed of said partnership, for the uses and purposes thetelo mentioned, and on oath stated that he was authorized w execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the .k day and year first above written, 1 to c tV NOTARY PUBLIC in and for the State of Wmhington, residing at tK my commission expires Print N inie: STATE OF WASHINGTON ) ss. COUNTY OF I ) On tF,is day of 1996. before me personally appease 1'H1LtP K IGHTLEY, to me personally known r ptnvcn on the basis of satisfactory evidence) to be the Deputy City Manager of the City of Fcd" Way, a Washington municipal corporation, the corporation thatexecuted the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, far the uses and purposes therein mrntioned, and on oath stated that they were authorized to execute the said instrument, and on nth further stated that he was authorized to execute the said instrument for the uses and purposes therein mentioned. IN WITNESS WHEREOF i have hereunto set my hand and affixed my official seal the da and ca• trst above written 0fAKY PUBLIC in and for the State os F++r�aT►�i' Z washinglon, residing at rrwt-)w-L --►•+-- my commission expires � �7 r fj y PUBLIC ,, Print Na rue: ,- r 6 in a c s t ♦a r� ,, r.�y,ys �o .: N7aehlu4 sr4 °��svAs�� -2- ttts,«. u r ' r . i EXHIBIT 'A' CAMPUS GATEWAY PROPERTY Parcel A: The Fast 30 feet of the North half of the NardtCM quarter 9rdMNadheart auw to of Section 20. Township 21 North, Range 4>EiA W111000 Madam - in King County, Washington; EXCEPT the North 42 feet thereof conveyed for road by deeds recorded under recording number 7410080037; and EXCEPT that portion thereof lying within primary Slate Highway Number 1 (Pacific Highway South) as conveyed by deeds recorded under recording numbers 1778234 and 3715474; and EXCEPT the Fast 223.6 feet of that portion of the South 223.6 feet of the t!7 North 265.E feet of the Fast 319 feet of the North haifof the Nonhca,st quarter C1 of at: Northeast quaner of section 20, Township 21 North, Range 4 East, Willamette Meridian, lying westerly of primary State Highway Number 1 ty (Pacific Highway South) as conveyed by deed marded under retarding number 1778234; (Also known as portion of parccl B of Icing County Lot Line Adjustment Number 881007, recorded under recording number 8812200807.) Parcel B; The Wcst 280 fcet of the East 599 feet of the North half of the North cast quarter of the Northeast quarter of Section 20. Township 21 North, Range 4 Gist, l Darncttc Meridian, in King County, Washington; EXCEPT. the North 42 feet thereof conveyed for road by deed recorded under recording number 7410080037. (Also known as portion of Parcel B of King County Lot Litre Adjustment Number 881007, recorded under recording number 9312200807.) Parcel C: The Northeast quarter of the Northwest quarter of the Northeast quarter of Section 20, Township 21 Nonh. Rangc 4 East, Willamette Meridian. In King 2420M07 WC . r. t 0 County, Washington; Also the North half of the Northeast quarter of the Northeast quarter of said Section 20; EXCI=FT the East 599 feet of said North half; and EXCEPT that portion thereof lying within the Honk 42 teat of the Northeast quarry of said Section 20 as convcytd for road by deed tcoorded under recording number 741008Q031. i w _ s •s F 70,n:1 rim rt "a" To CAMS murway Taauiw MANE= WEMM LEGAL DPSCPJPMSTEMPORARY EASEMENT ALONG PACMC HIGHWAY SOUTH A PMT70N OF TIM KORtH HALF OF IIM NORTIWASr QUARTER OF THE NOMIT-UT OF SECTION 20.70WNSHT 21 NORTH, RANGE 4 BAST. WLLANffM MM" QUARTER IN wo coumY. WASHrNoTON. DESCRMED AS FOLLOWS: 9j3GDmWQ ATTHBNORmmkST CORNER oFsm SECTION 2o,,TmczSOUGH ol*ir44* WPM ALONG nm ViSTLINSOP'nM NORTHEAST QUARTER OP THE NORTHEAST QUARTM 526.94 FEXrTKRCENORTH 88048'Q2"W=, 48,66 FECTIOARANGLRPOINT' INTHE WESrMLYMOMCWPACMCMGIWAY SOUTH MMMMMWOF bBQoMG;jjjRKCa SOUTHOVIIIA'WEST ALONG THE WLTrMYMARaN OPPACIKC I., HIGHWAYSOUM 130.31 FEEL' TO THE SOUTH LRM OF THE NORTH HALFOP THE NORMUV QVARTMtOP7HE NORTHEAST QUAKMOLF SAID V=OH20', TIMNCE NOP.79 88°43'od"WeSr ALONG SAID SOUTH LM 10.00 PW, Cir TMCP- NORTH 0101 I'Sr EAST PARALLEL TO SAID ATZMY MARCV, 120-51 FEED, =Na NORTH 38*48'02` VIM. 10-00 MT, TMICE NORTH 01*1 l'JrJ2AST, 55-00PBST' THENCE SOUTH 88°48'02" EAST. 20.00 FEEI%. TmNcp- SOUTH otlivsr WEST, 53.00 FEET TO THE TRUE POnC OF BECDOONG: .r.r?410 smut "r - rAim I R-CAMMWC 4 0, K w wor w O 1 0. 10 EASEMENT DETAIL mmk s,-� •:. -�- SFr':':--7. i Return Address: ' Carmen G, Hayward ' Ciraham & Dunn .' 1420 Fifth Ave. 33r° Floor is Seattle WA 98101 } `I COVER SEMET Documetst Title: EASEMENT FOR MANHOLE AND RELATED ;.: FACILnUS = ?' GrAntur(s)/: CAMPUS GATEWAY ASSOCIATES, a Washington limited partnership 4 . , to K Grantee: CITX OF FEDERAL WAY 1 N T O Legal Description: Portion of the North Half or the Northrast Quarter of 9 ' Section 20,'T4wnshlp 21 North Runge 4 East 1Y.hi. in KingCounty Washington. = Additional legal descriptions are on Exhibit "A" pages 1 and 2, and Exhibit "B" pages 1 and2 orthe documents �i AS, Assessor's Property Tar Parcel Account Number: 202104-9070 - i 202104-9002 ; Vl I t RECEIVED - JA'cgM[iiyF,dW.,Kx,pmbwd dLdw ry Y AUG 0 7 2007 Y OF FEDERAL WAY j • 1 t •.l. w i i FILE FOR RECORD AT REQUEST OF: City of Federal Way MAIL TO: City of Federal Way 33530 First Way 5cuth Federal Wtsy, WA 98003 Attn: Londi K. Lindell, City Attorney II Ja EASEMENT FOR MANHOLE AND RELATED FACELUIES J.i For and in consideration of one Dollar (SL.00) and other valuable consideration, the receipt of which is hcreay acknowledged, CAMPUS GATEWAY ASSOCUTFS, a Washington limited i w pumership ('GRANTOR"), grants, conveys, and warmts to the CITY OF FEDERAL WAY, eq a Washington municilral carporaticn ("GRAM'-E") for the purposes hereinafter set forth a rf perpetual pemtanent e,'tscmeat under, across and over certain real property (the Property") • N located in F:.lcra] Way, Washington, legally described in Exhibit A attached hereto and cq incorporamd i.ercin by this reference. r' Grantee's rights shnEl be exercised only upon that portion of the Property ("Easement") legally described in F.xhlblt B, attached hcrc,,o and incorporated herein by this reference. { ; 1. EuL=5g• Grantee and its agents, designees and/or assigns shall have the perpetual, permanent right. without prior nulice to Grantor, at such times asdeemed n==saty by Grantee, to enter upon the Property to inspect, construct, operate, maintain, repair, and replace underground facilities an systems open and under the Easement, together with all necessary or convenicnt appurenances thereto, including without limitation, pipes, catch basins, and manholes. 2, 6.s_ -. Grantee shall have the right of reasonable access to the Easement to en3blc Grantee to exercise its rights hereunder. Such access will be afforded via an Access '• Maintenance Road P.,scment recorded of even date against the Property, if such Access Maintenance Road is unavailable to use far access clue loan emergency, Grantee shall have the right of access to the Easement over and across the Property to enable Grantee to exercise its rights hereunder. j 3. Grantor's Use af_Ftap�v__ aEAM=. "wor reserves the right to use the property -A. j and Easement in order to comply with City code roquirements for open space, gracnbckts, lot Further, Grantor may install, at its :^A significant tree mitigation or maximum coverage. expo sc, and: in compliance with all appiicabic laws and codes and after obtaining all accessary ® 0 pctmas andapprovals, such facilities as may be r=onably necessary to provide for direct ry.. S'. c wunlce ell _l� ORIGINAL i .R t' � . - �.�. :'-••.. i'�•^i'�„,.. ice' ••J .V•y .:T � •. ,..fin.,.. ry x .. i. r' � - +Y,•4:fit. ,� Jim i discharge uY tfrait3 stUtln vrdtxr atom he Pra�ctty W the Eaxrmcnt which wi]3 have adequata amity fur aim end under fu116uf1d uut curd�dons ond, wluch facfiildcs steal! nat inwfat with { tdntes'a urn office l=umatr f�rlhcr, Grantor may disturb wWands eras an the Ptvpem 1 tatd Fasarnent to ntala future ootufectia ss w sny rxisting urtLty 11mes so tang as such action does i avt intfa'fuc wfth Gr.,mtu's use, 3s in sorngiienev with air applicable coda and afar obi2ining 1111 nexssary pertfiits and approvals. Grantor rssay install landxa�lrig 41! the Property sublC+Ct of aurh ilrstalfxticm and after obmining any tqulred perntits I E to abIc aypmval dMfor, in comp with all anamble laws urtd codes, and sa Fong as sash landscaping it tSOt inCQm6iStBnt with Ciz•„mtt;e'S tr3C. d, &RaWa a r_rj_&gj=. no dghts artd obiiga um of the [#sanWr W Grantee shall inure: to the b=cf'it of and W bind ng upon dttrir mr*udve lucceuwrs, hcifs anti aulgns. { 5. Llab3f[fv. Cram and Owta inmd that issues of liability with regard to the mcc of"imp:overnans and the use of the lraxmcnt and omhtucdon, CPO-m6ort and walbbu the Property by Gm n-)r and Grenrx shall be detemined under lilt: currsrie or then existing law. GRANTOR: GRAME: CAMPUS OATEWAY ASSflCfATFS, CITY OF FOERAi. WAY, a Washington t a Wa hington ilmital parmcnhip Municipal Corpomdan B ��.• y Lwws C. SChaadt enmetlt >E, Its O neral Partner Ta City cr APPROVED AS TO FORM: Y .-My ;S ur xii - - • +.. .. {{ yr; 7 •��: }i••.�`=]n •l„'. �,.• « „��lr y .. • r � _•. ate'=�5i�•'• =!„ . ... S.• �l • •l fit. �`�� i.5.;ti. . P disc7rargt: of trrateil Storm water from the Propmty to the Easement which wilt have adequate eapa Sty for same and under Full hdId•out conditions and, which facilities shall not inlarftxc With GranbWs use: of the Easement. Funher, Orantor may disturb wetlands ums on the Property and Easement to ma's, fuKrre cntmccdons to any adsting utility lines so long as such action does not inlrrfae with G-aatx'3 use, is in compliance with all sppUcabie codes and at= obtaining all tL=ms ty permits and approvsla. Grantor may Invall landscaping on tht: Ptn subjecs to armntca's reasonable approval of such insiallahan and afttt obtaining any rr�perrnits thenfur, In compliance with all appfic2blc laws and codes, and so long as such dscaping is i� not lnconsisteat with Gmtcc's use. 4. 5uccesa trs and Assiens. Thn tights and obligations of thr Grantor and Grantee shall inure to thw benefit of and be binding upon their respxhve suaoesm, heirs and tissigns. S. T.MUiri.- GranicT and Grantee intend that issues of liability with regard to the consnucdon, operation and maintraianm of the improvements and the use of the Easement and the Propesry by Gmn tot and 0manLee slWl be dctcrmIncd under the current o: then exlsiing law. GRANTOR: GRANTEE: CAMPUS GATEWAY ASSOCIATES, CITY OF FEDERAL WAY, a Washington a Washington limited partnership Municipal Corporation By. LQonard C. Schaadt enneth E. Its General Partner Its City Manager e l~ F• APPROVED AS TO FORM: t t . L.indeJt, City Au❑mcy � i r 7 5 � rl. • �l .Y T STATE OF WASHINGTON ) <• • ) u, coirNTY or On this �Idq of 106, before me personalty appeared i.F,ONA D C. SCIIAAIYf. to mt own (or pprrovren an the basis of satisractory evidence) to be the gencri partner of CANMS GATEWAY ASSOCIATES, a Washing= limited :e partnership, the pa rwmship that executed the within and foregoing instrument, and acknowledged said instrument to i ~ the frcc and volume.'y act and deed of said partnership, far the uses and j. purposes therein mentiomd, and on tzsth stated that he was authorized to execute said nsttumcnt. IN WI-FNFSS WHEREOF I have hereunto set my hand and afrhud. my official seal the day and year First above written. � t NDTARY PUBLIC in -an- thh of t Washington, melding at i My commission cxp'ues Print Name: STATE OF WASHINGfON eb ) ss. �c COUNTY OF f ,r,t j ea On thIs rct day of 1996, before mt personally app�are�! N3��1 tl;iN>rEl1. �G, w ntc persat+ y mown (or pmrtts on the koala of satisfactory y p cvid"cc) to be the City Manager of the City of Federal Way, a Washington muttitnpa. r, ?% cmpomtion, the :nrparation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and vaiuntary act and deed of satd corperzt on, for :;•4,: the uses and purposes therein mentioned. a;.d an oath stand that they were authorized toexscsta the said instrument, and on oath €lather stand that he was authorized to execute thL Mid instrument for the uses and purposes therein mentioned. : ,? IN WiINFSS WHEREOF 1 have hereunto set my hand and affixed ray official seal the day and year first above written. y»ti�itit �: S Nur Y PUBLICin and or rife rate a �i Washington, residirg at r My commission expims s PUBLIC Pant Name: E + lie s J.�qt 'Y - ole .., :r. c t t' STATE OF WASHINGTON ) ss. COUNTY OF ) On this day of 1996, before mt personally apprared LEONAM C. SCfi:sAM, to me known (or proven on the basis of sasisfaotary evidence) to be the general partner of CAAMS GATEWAY ASSOCIATES, a Washington Untited paanc-ship, the mrtnership that executed the within and foregoing instrument, and aamowiedged said imt: un:eht to he the free and voluntary act and deed of slid partnership, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said y utstrttmcnt. IN WTTNFSS WHEREOF 1 have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in and or the State of Washington, residing at i My commission expires } Print Name: 13 7 �. STATE OF WASHINGTON ) t COUNTY OF 9 1 AJ G ) On thisc2rA day of f 1996, before me personally appeared l tt awn {ur pmven on the basis oatisfactory I{,F.NNEM E. NYBERG, to me persof s evidence) to be the City Managcr of the City of Federal Way, a Washington municipal i i Corporation, the corporation that cxmutcd the within and foregoing instrument, and acknavricdgcd said instrument to he the fr= and voluntary act and deed of said corporation, for •t t t the uses and purposes tlnrcirt mentioned, and on oath stated that they were authorized to execute the said instrument, and an oath furtiicr stated that he was authorized to execute the said r instrument for the uses and purposes therein mentioned. �. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seat the i.. day and year first above written. i 1 � +N50TARY PUBL C in and ar the Swhe of F 4 l } r Washington, residing at .4 - i = �. y My cotnmissiun expires —n —r • pliBor' , Print Name: �, rrve j Nam.% I't�,�y��'�p { I JfJAJMoe CII 3_ i 1 r � A I I �i , ! EXHIBIT'A" ' ' CAMPUS GATEWAY PROPERTY Parcel A: ' The East 319 fast of the NoNt half of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 Fast, Willamette Meridian, * ' in King County, Washington; L' EXCEPT the North 42 feet thereof conveyed for road by deeds recorded under recording number7410080037; and EXCEPT that portion thereof lying within primary State Highway Number 1 (Pacific Highway South) as conveyed by deeds recorded under recording numbers 1778234 and 3715474; and EXCEPT the Fast 223.6 feet of that portion of the South 223.6 feet of the North 265.6 feet of the East 319 feet of the North half of the Northeast quarter of the Northeast quarter of section 20, Township 21 North, Range 4 East, i w Willamette Meridian, lying westerly of primary State Highway Number 1 t'r (Pacific Highway South) as conveyed by deed recorded under recording number ; CI 1778234; (Also known as portion of parcel 8 of ring County Lot Line Adjustment co C Number 881007, recorded under recording number 8812200807.) 3 , i Parcel ©: 1 The West 280 feet of the East 599 feet of the North half of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 Fast, Willamette Meridian, in King County, Washington; EXCEPT the North 42 feet thereof conveyed for road by deed recorded under recording number 7410080037. (Also known as portion of fars.:l A of King County Lot Line Adjustment Number 881007, recorded under recording number 88i2100807.) t Parcel C: The Northeast quarter of the Northwest quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, Willamette Meridian, in King :. •YS„ . I' pr i • .a • • -� .: i • ��: Yuri ;.� ? " �': 1e i . ..•, • {'i Y � to err. ,:. :t�•_..; - _ •�S; + -•��: �' , y: �. � - a .. .. • - :;ti i•;�S.Y. �;C.'r�4.,j :• ::y�YY`�'�r �'Y•;1;�-.+"ri•t.i-•- - N. CountWashin ton' Also tht North half of the Nottheaatquuterofthe yr g , • North=st quarcer of said SccOR 20i . EXCEPT the Bast 599 feet of saki Notch half; and EC U&r th.'u pardon thereof lying whin the North 42 fact of the Narcheast s� j qu-L-ter of said S=do 20 as =veyed for raid by dwd rwordod wider recording number 9410DSW37, 1 .. 1 t i - II � {E I � 19105tit07, p[iC •]• 4 H 1III.'---IZ r CV rtl LM C 0 IS Vim tT "B4 To CAMS GATE!IIAY VA 0 M mb=.L LE0ALDE5CRnlnON FOR 10' BYSV PI MANENTEASEMW ALONG PACTIC MGHWAY SOUTII APOAMON OF THE NORTHHWOPTFMNORTHEASCQUARTMLOPZMNORTH LAST QUARTL'R OF SECTION 20, TOWNSHV 21 NORTH, RANGE 4 BAST, W=AbMTTH M MIAM 1NMQ COUNIY. WASFMOMN.I)PSCR1BEED AS FOLLOWS: BpOR4NQIt3 AT TT M NORTHEAST CORNER OF SAID SEMON 20'• TMC9 SOUTH 01'12'44" WEST ALONp -nM EAST LIME OFTHE NORTHEAST QUARTHROMMNORnMA4T QUARTM J16.94 FM',THENCENORTH88048'0r WE {'.3L66FMYOANANUMPOW IN THE WSS'a LY MARGIN OPPAM4C HIGHWAY SOVrH AND THB UM POINT OF BEGINNING; TH2(M CONTWLq O NORTSI U04BT2" WMALONOMMNORT]OALY MAROW OF PACIFIC IUGHWAY SOVTyi.10.00 FIE[; TFIM= NORTn DI'11'SA'RA$P PAfiAI.M WAIN SAID WESTF7tLY MARGIN. 51001MT. THENCE SOVMONS'DrEASt10-ODFFT.`CTOSMWFLSIULYMAR M THENCH SOuTH 0111 r5r WESTALONO SAID WHS1'F1Al•Y MARGIN. S3.00FHH3' TOTHE TRUE PONT OF B E'GFNNIRM S•17-'14 ��PA4Z 1 3 0 low" H n' i m 2021049069 V) >_ W lW4a'OT W N 00' 'Or %W e4r4a of -to, 11 m OAS: to vi g EASEMENT DETAIL V9 ixo_ y= IT "A" — PdBE 2 ! r i j i Recording Requested By: Ctn, of Federal Way '' } 0 When Recorded Mail To: 9t f3 CITY OF FEDERAL WAY 33530 1ST WAY SOUTH ' FEDERAL WAY, WA 98003 ' r ATTN: Mary:+an Sellaum EASEMENT FOR MANHOLE AND RELATED FACILITIES r Grantor (s): CAMPUS GATEWAY ASSOCIATES Grentoo (s): CiTy OFFt. dE�AL WAY property Legal Gaacrfpt)on iah rariatodk: N Y. of N 14 of the NE 114 of NE 114 of Sectlon 20, T 21 N, R ) a E" WM, Entire Property Levi on Exhibit A E:,r •rr ant Legal Doscrlpt;on: A PorVon of the N'A of the NE 114 of NE 114 of Section 20, T 21 N, R 4 E, 1{ 1oWM. Entire Easement Legal on Exhibit 8 )i Assessor's TaxPerceIlDR(s): 2025049070 O fa For ❑nd in consldareileh of Six Thousand liloliors and no cents 188,000.00) and other valuable i O con -'duration, the tacelpt of whlch Is hereby acknowledged, CAMPUS GATEWAY ASSOCIATES, a �• Wus:�•ngton Iimitad parlftfship I'Grantar'1 prenta, convari and woorantsta the CITY OF FEDERAL WAY, a Washington munkipal car::oration ('Grantee') for thn purposos hereinafter Set forth a perpOtual r permar+ent case"nt undor, across and oyar Certain real prapafly Itha'Pro "ArI located in Federal Way. Washington, legally described as follows: i Legal Description of Property attached hereto as Exhibit "A' and Incorporated heroin by " this reference. Ex : c;,t as may be otltorwiso sot forth herein, Grantee's rights shell be o><prciSed upon that portion of the i t Pn:;r_•rly consisting of a utility oascmont ('Easement') described asfoltows: I Legal Description of Eosomont attached hereto as Exhibit "6" and incorporated heroin by J f (f this rafaronco. 1. Purpose. Grantee and ils agents, dasigaeas andlor assigns shall have the perpetual. permanent rilrh+, with00% prior notice to Grantor, at such tima7 as daamW necessary by Grtentee, to a n t a r rrpon the Pr• . 'ty to irtapocI. car,SUVCt. reconstruct. opdrata, rnointaIn. ropair. isnlaFile. and rOplacc underground to •,•es antflor-ysloms upurt and undor the Easement, tonothor with Oil necessary or convaniont a$:: rtonancoa 11Norot a. incruc::I%g YAtbout limitation, pipes, catch ba-. Ms, and manholes, i r RECEIVE® A,U151 () 7 2007 CITY OF FEDERAL WAY ••Aup,' - _IMF BUILDING DEPT. L d 2, r,Q=. G;aq j" SW have the fight of in m nablo a cc a al to the Est*" rit to crsabTo Grantee to axe mi ;v its rights herou nd a r. Such access will 13-a afforded v ID en Ac co as M at ritom n c o Road En R me nt nr o rd &d of even date a g4ral the Property. If such Accazs M D In t a n %n" Road Is unavaWsWe to Uza for or-ct;.s due to an emorgqi", Grantee "I have the right of access to Om Easement over and access the Property to enable Grantee to exarcl2e Its rights hereunder. 3, �',renitnr'n [Jai mores; . Grantor gosarvea the right to use the Property and Et'..' am 1, In o(dor to co -ply 0 City co -do roquiromama for Open wro, graontWts. 2121"If1wit Use m:: Further, Giarnormcy lfwta:l, at Its expense, and In compliance with ol I ;:. rwAbta 14-wo &M cod" and after obrWrkQ all noco wry permits and aPP9 ow 610, such 186141 so all may lae f s onsbt/ no cozos ry to provide for direct idl ache rga of tee ot ad storm water from the Property to the Eaa-viivnt which will have isdo"la caparlty for some and under full Witef-errs cwAltons and, which f,jr-P..z;[,3 shall not Interfere With Grantee's un of the Esaomoni. further, Grantor may disturb wetlands vo;, � on the Property " Easerr writ to make fuWm cowcUoris to snyoximing utility Unoo to long Is such an. i, dons not Imorlism with 10fo rntio'le uta. Is In compll once vOth ell opplIcable codes end after obtal ril no a:. ssery pffrnriu and approvals. Greiner may Insult landscaping an the Property vniblect to Cfantoo'B �%;a apptoval of such Intl at la don and after obtaining any required permits 01*1`009, In c OMPI l2rc 0 i- applicable laws and cod�:,- end so long ossjthlanlfscoping is not Inconsistent with Granteo'n us*. G. G Pceginn r i grwl Atari. The rights and obligatlons of the Grantor and Grantee shall inure to the boy uflt of and he binding Upon their respeptiva succoasors, holes and asslgrm P . Llabill1g. Grantor W. Grantee intend that Issues of 11obitiry wkh regard to the coeirtrucilon, opya0an and "iatznance of tf,,> ImwuvanwnW and tho use of the Easement end the Property by Grantor '-,ranles thnil be determined t0dur the current of then existing low. Gil LC TO R: GRANTEE, C�k-!PUS GATEWAY ASSOCIATES, CITY OF FEDERAL WAY, a Washington a NnZon limited partnershlp Municipal Corporation By: Leonard C. Schoodi Kenneth E. Nyher its Genteel Partner Its City Wriagar APPROVED AS TO FORM: ndi X. �.�W 1. C 1, , �Al STATE OF WASHINGTON ) r I ss. iTY OF si i h4 gy On thls A3 -day of t 199j; bafors me personally appeared LEONARD C. " OT, to me known [or provan on a beds al callOaetore evidonce I to f e the general partner al f 5 t3ATEWAY ASSOCIATES, a Washington iknitad parmorshlp, the partnership that axocuted the j And forogaing;nstrumerrt, and aeknowledosd said Instrument to bo the ltee aril voluntary act :f said 0nnVrshlp, for the usos and purposa■ thefoin mentioned, and on oath st►rtod that he woo j wthorl:ed to exacate said Instrument. IN WITNESS WHEREOF I have hereunto set my hand and affixed my affielal seal the day and year flrst above written. NOTARY PUBLIC and for the State 0 i My comml5s un InG at ��!? + �y My commission nxpiraa S /n`f c Print Neme: °►° iyg4 i` " ►r x h1�n1nH IF OFWASHiNGTON I rltt 4� I as. lttti.�•��`" " J14TY OF O e,�,,,—�-!� jf ® On thfs�'l"'tfay of • �7r5 y t89� IyHora ma persano[Iy appeared KEHH�it E. HYSF.RO, to ,na narsorally known [or pfoven on the basis of asliSfactory avidoncel to he the Gay Man 9gor of the C;:. of Federal Way. a WaSflingtan municipal corporation, the Corporation that executed the wlthln end fc .:Ina kwuwnenf, and o0navvledged said Irauumont tc be the tree and voluntary act end dead of saki CcrPCfatWn, for the uses and purposeathergln mentioned, and on aath stated that they ware authorized to exoeute tho said Insrument, and on sath further staled that he was euthoritad to execute the Said instrument for the urea and purpanox thetainmentlened. IN WITNESS WHEREOF I hovo hereunto sot my hand and affixed my official seal the day and year t I;rs,, above written. ' r OTARY PUBLIC In and for 3tbs�1sle of I Washington, residing at rc r•u My commi;s'ori oxpirex Print Name: N C a der%f'� 1, ,wvwv.uttfu7wnlv:NleW a1.IN 7 .i �_._--_ — ___ __ .��-:aeii�l4it .ice--_:E•G1i:'IY11�Y�aL.yr�,3.�_ii..__`___ _ __ -- MMIOIT "A" CAMPUS CATEWAY PROPERTY. The land referred to in this commitment is situated in the County of King, state of Washington, and described as follows. - PARCEL A: The north half of the north half of the northeast quarter of the northeast quarter of section 20, Township 21 North, Range 4 Cast, w.m., in King County, Washington; EXCEPT the north 42 feet thereof Conveyed for toad by dead recorded under Recording Number 74x0080037; AN:- ;=EPT that portion thereof lying within Primary state Highway Number 1; AN:) EXCEPT, that portion thereof described as follows: Th: rast 223.6 feet of that portion of the south 223.G feet of the no.tYs 26s.6 feet of the east 319 feet of the north half of the northeast quarter of the northeast quarter of Section 20, Township 2x North, Range 4 •r.'ast, W.M., in King County, Washingtont. lying wejt�:rly of Primary state Highway Number 1 (Pacific Highway South), as a�nveyed by deed recorded under Recording Number 1778234. pARCF,L B- {� The south half of the north half of the northeast quarter of the 94 northeast epArter aE Section 20, Township 21 North, Range 4 East, W.m., in King County, Washington; 0 EX_EPT that poYtic;, thereof lying within Primary State Highway � Nu• .bet 1. G CND OF SCHEDULE A Liz eb i i EXMIT "B" :1 ?' -,1 .ti :.EGAL DESCRIPTION FOR PERMANENT EASEMENT S, ALONG PACIFIC IiICHWAY SOUTII A PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF TIM NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, WnI AMETTEMERIDIAN IN KNG COUNTY, WASHINGTON, DESCRM D AS FOLLOWS; BEG INNING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH 0 L*12'44" 1,TST ALONG THE EAST LM OF THE NORTHEAST QUARTER OF THE NORTIIEAST QUARTER, 526.94 FEET; THENCE NORTH 88°48'02" WEST, 48.66 FEET TO AN ANGLE POINT "I THE WESTERLY MARGIN OF PACIFIC HIGHWAY SOUTH AND THE TRUEPOINTOF BEGINNING; THENCE SOUTH 0111 I'58" WEST ALONG THE WESTERLY MARGIN OF PACIFIC I ` I (p I I I G HWAY SOUTH, 130.51 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE j mTHEAST QUARTER OF THE NORTI (EAST QUARTER OF SAID SECTION 20. Lo CD FHMNCE NORTH 88°45'06" WEST ALONG SAID SOLITH LINE, 10.00 FEET � 7i - I NORTH 01°11'S8" EAST PARALLEL TO SAID WESTERLY MARGR4. ISS-51 FEET; CD ;IIL•NCE SOUTH 88°48'02" EAST, 10.00 FELT; �1 FENCE SOUTH Ol"l l'Sa" WEST, 55.00 FEECTO T11E TRUE FOINT OF [BEGINNING: 1 ' I POW I, t t�rule d•1i'i� i I 7. L.11.IPUS.UO(: 5 ,1 j . I I: a0 T i tiG I "SWIG pE m"WAT EASo fxf iI s Tr 2QxS4:7QE9 If i IG sss io' j S { !AICU i I CWSTIreG o EASCYEuI n 10 P m �' 10' '011O II N 7B-aB'Oi' 1► i [I1 Pr1OPO= PERVANEW EASENEW N Nis 20' - 10' ExlSnuc •�' c+c[ucm j 0 � EASEMENT DETAIL i I � r _ _ PiI W. 04 f 9-Lt-4G ��-moo:.' � • . v,�r � :.. �..r» ------- --- Y T, 0 • 0 i Attar recordina, return to: Fdxw Way City Attorney 336.101at way S. Fdaral way. WA 90003 Document Title: Possession and Use Agreement Grantor. Rajind©r Johal and Kulwinder Johal, husband and wife Grantee: City of Federal Way Legal Description: Portion of NE 114 of NE 114 of Sec 20, T21N, 114E. W.M.; Additional Legal on Exhibit A Assessor's Tax Parcel IDs 202104-9069-06 CITY OF FEDERAL WAY POSSESSION AND USE AGREEMENT -� IS. 336th at SR99 Intersection Improvement) THSS POSSESSION AND USE AGREEMENT t'Apreetneltt') is dated effective theist day of April, 1998, The parties ('Parties') to this Agreement are the City of Federal Way. a I Washington muniapai corporation. ('City'l, and RejmdarJohal and Kulwinder Johal, husband and wife ('Owner*). A. The Owner owns certain real property located at the sauthwast corner of S. j 336th Svoet and SR 99 in Federal Way. Washington and legally described on Exhibit 'A' and as depicted in Exhibit 'El'. both of which are attached hereto and incorporated by this reference ('Property'): and S. The Property is required by the City for street and related improvements; and C. Any delay in the City's construction program is is contrary to the public interest; and 7/,'A r D. The City has made a firm and oonti mg offer to pay the amount of'Fwenty- ��„ far the purchase of the Property pursuant to the terms and conditions of a certain Purchase and Sale Agreement attached hereto as Exhibit 'C' and incorporated by this reference; and F. The Owner wishes to grant the possession and use of the Property to the City for the purpose of commencing construction. and ti G. The Parties require time in order to close the sale of the Property to th's Gfr:C E IVE ORIGINAL PARCEL0,06 0 7.20V CITY OF FEDERAL WAY BUILDING DEPT. • M and NOW, THEREFORE, the Parties.gree AS ""'a 1. City Payment. upon the execution of is Agreement, the City will pay into S=ow at Pad`ic Northwast Title Company of W.ahi ton, Inc. an amount equal to Twaaty Four w arA-al)0044•2ATGO(�-O%-1 This amount shall be disbursed to the Owner upon 0asing a the gala of the Property from Owner to the City. 2- CQL1L:.aaaI1011• The Parties acknowledge that the Property is necessary for publin use of the City. If it becomes necessary for the City to institute condemnation proceedings, the Owner has no objection to the City's entering an Order Adjudicating Public Usg and Necestity. and that this Agreement will be treated as and accorded the same provisions as an Order for Immediate Possession and Use. 3. Po•�ssiion. The Owner hereby surrenders possession of the Property to the City on the effective date of this Agreement. 4. g pyjbj=. This Agreement contains all of the agreements of the Parkas with respect to any matter covered a mantionad in this Agreement. No provision of this.Agrasment may be amended or modified except by written agreement signed by the Parties. Any provision of this Agreement which is det:Iared Invalid or illegal shall in no way affect or invalidate any other provisionm in the avant any of the Parties defaults an the pl pertarman09 of any tarms of this Agfaamant or any Party places the anforcament of this '�'9 Agreement in the hands of an attorney, or files ■ lawsuit, said Party shall pay all its awn 0 attomeys' fees, torts and expenses. The venue for any di$Pute related to this Agreement v shall be Icing County. Washington. Failure of the City to dedare any breach or default 17) immadiateIV upon the 0ccwgnce thereof, or delay in taking any action in connection with. 01 shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. THE CITY OF FEDERAL WAY Kenneth E. yberg City Manager ATTES ti APPROVED AS TO FORM: — Christine Green, City Cleric K tlorney -2- PARCEL: 9069 • • M OWNER Ondlvldual) pyliinderal Kulwinder Johal STATE OF WASHINGTON ) [ary MAfIlAGE7t Nb7nRYF COUNTY OF KING ! On thin day persor%alty appeared bafore me, tfte wWan W. a Notary Public in and for the Slate of Washington, duly commissioned and MOM, 1 ph'EP 0- Ke;ghtley ICrose out one), to me known to be the ZWr•MeneperI DePaty City MAMager (cross out oral of the City of Fedaral way, a Wathi+gton "Kwdpd corporation. the Corporation that p exec:,ted the foregoing instrument, and acknowledged the said instrument to be the free and r4 voluntary act and deed of said corporetion, for the uses end purposes therein mentioned, and on Calk stated that he was authorized to execute the said kystrument. GIVEN my hand and official seal this L day of JOst , 19 I Tj Rt� its (notary signature) S�`F'� OZ �►jet'n D 1 a p pU$L1G = (typedlprinted name of notary) Notary Public in and for the State of Washington r+ ' '"•:y My commission expires: / - 9 - 9 8 r ty rr►� '' yYAS�� i f I .} PARCEL:9069 i j � i a STATE OF WASHINGTON ) ee. COUNTY OF KING ) • M [INDMIDUAL NOTARY) On this day personally appeared before me, Kulwinder Joha1, to me known to be the individual(@) deacnbed in and who executed the foregoing instrument. and on oath swore that she executed the foregoing instrument as her free and voluntary act and deed for the ueea and purpoeee therein mentioned. Further, she is authorized to sign the document as A ttorncy in Fact for Rajinder Johal. �) GIVEN my hand and official seal this Jday or, 18�d ,rn&6 signature) ilIdAl le -cc k- (typed/printed name of notary) Notary Public in and for the State of Waahingtnn. My wmmimLon expirea: l {i 1 s 0 ESM CONSULTING ENGINEERS, LL.C. A CIVIL ENGINEERING, LAND SURVEY, AND PROJECTMANA(AmrPIr CONSULnNU FIRM City of Federal Way Job No. 631-07-96U.00t March 21, 1998 EXHIBIT "A" LEGAL DESCRIP3 ION FOR ADINTIONAL RIGHT-OF-WAY MR S. 336th STREET Thal portion of the (%ortt,4:W quarter of the nuoheastgaaner of Section 20, Township 21 North, Range 4 Eask W hi., City of Federal way, King County. Waahingron, being more parliCularly described as follows: DEG INNING at the intersection of the southerly margin of South 336111 Street wish the westerly margin of Faeiric Highway South (AKA S.R.99) as shown on King Counry Lot i.ine Adjusiment No. 3810007 as filed under RvcprdingNu. 8912200907; THENCE along se id westerly margin, 5 01°1210" W, 59 97 feet; THENCE N 88*4T40" W. 10.00 feet to a line 10 feet westerly of and pars IleI with said westerly margin; THENCE atong said parat leI line, N 01*12'20" E. 18.01 feet; THENCE N 43*46' l 5" W, 45 23 feet to a line 10 feet southerly of and parallel with the southerly margin of South 3361h Street; -1 11 ENCE along said paraIte] line. N 93°44 50' W. 181.63 feet to said westerly line of the aural ler lot acate3 by said Lor Lint Adjustment No oil0007. also being aline 223.60 feet »� Icily of seid weslelly mltr>:in of pacific I;ighway5auth; THENCE along said westerly line• N 01° 1170" E, 10.00 fed to said southerly margin; THFNCF, along said southerly margin, S 88°44'S0" E, 223.60 feet to BC(31NNING. Containing 3245 square feet, more or less. See ettached Exhibit "B". written by: C.A.F. Checkcd by' R.I.W. 03 /75 /58 `�"r'°"�'°•""9b" v s:, !, iiedl sum • federal War Wartwyrm vea rede,.I Way 1153) a3a•6113 • 'Ic ^4125319174619 . Sarrtlatlo61627-S9 ask ■ .1) ri m / IS. /�� S.R. 99 STA 374+69 49 f�L�n S. 336TH ST STA. 10+00 YV ioUND MMIUMFNr W CASE I 1 MSS rAcK IN T My Prof (wacc.N ISO$) -- - _ SCALE.' 1' _50' FOUND MONUMENT IN CASF •�/ 1/TBRASS DISC IN CONCRETE (MARCH 1996) _ N EB'44.5$ W 1759.94' (ESM) SO. 336TH STREET _ 11•z" r�l �..� g44'�p.K. a3jW I 3 4: 1Tj. °' 9n w b o p Ic In o i t I yr N 01'11'45' E 0 Z NI OP5'1Y W � I O 2 Z U i U. I U I Q (L CAST LINE SEC. 20. TOWNSHIP 21 N RANGE 4 E.. Wk I FOUND Y.I.C. I WA 2E. 199E VD) qm CITY OF FEDERAL WAY 9oUTH 33oTH BTREET IMPROVEMENTS PAR193MR! CONSULTANTS EXHIBIT s ==w-zo°"v -% • • i REAL ESTATE PURCHASE AND SALE AGREEMENT f The City of Federal Way, a Washington municipal corporation ("Pun•haser") agrees to purchase, and Rajinder Johal and Kulwinder Johal, husband and wife ("Seller"), agrees Lo spll. on the following terms, cortaun real property locatt•d in Federal Wuy. Washington and legally de.sixthed in ISxhibiL A. atl.nrhed hemlo and cncorporatand by i this reference C'I'mlierLv1. 1. Terms of Purchwilo 4V 3,1, 131 3.1 1'urc:huse 1'rir.+. m iutal purchase prita, is T t Nogo(W . . neludmgearnestmoney_ i 1.2. Method itl'ayment will be in the form of cash or cheek at. closing. c 1.3. LarricA Money. Scllc•r acknowledges receipt from 11urehaser of s 1.(11111.00 III i the form of a promissory note to be plarrd in escrow, as earnest money in partial payment of the punch;i� price. 2. Title l.] Llondrilon of •itv. •fill- In the Property sal to hp frtr of all encumhranrA.s or defec`a, except that rights rc:u-rvpd in federal patents or slate daeds, building or ww rpstrietcons general to the area, other than platting and subdivision requirements, and �7 utility e'asempnL• shall not he deemed eneumbrances or defcctts. Encumbrances to he discharged by Lhe Seller .hall be paid by the- Seller on or before closing;. l;y Juee tilf4p .i.l L'hiwsnr of the• Sale. 'Phis sale shall he -closetl on or before lafipr Purc:haser's notice U) SPJIer of ['un:haspr's saUsfadion of Lhe ixuituivilm •s sc•t forth ua .. Sectuui 1.1 hereui, or uL anodwr Lime agreed to in writing by the parties. 3.2 (aissine ALntlat:. 'Phis sale shalt hP rlo:u-d by n closcug rigeial dPsignal,Pci by Porchaser. I'urchor�e r and Seller shrill, immediate -iv upon demand. rk•tri:sd with closing ageni, all insl.ruinents and monw.q reguimd In rompletp the purchase in arrordarim, with this AgrecnienL. 3.3 L.1u�snpt {anal+ a �l_.L,roralinil. l'urrhn.-Aw shall pay the escrow fc't,.c. 'I'ase: (iir the current year and all rents inivresl. itbliLies and other hens and charges shall be prorriLed as ol'elosmg. Parties :hall pity lhosc• cluirg,Ps accruing to the d:iLP ofclosing; on or before Lhe dale of clnsmg. 3..1 I�os_ soar. I'urrhasc•r shall be entil.led tfi poswscum of the 1'rnperty wilier pursuanl. lai the Iavms of a tiossessum and use agreement, or nt closing, whii•hpvc+r iNa•urs iirsI. C C I° `f, EXIIII3IT "C" ORIGINAL I .., ar - - . 1� Alit • s a 3.5 Convcvnnee.Wjrranty Detid. 'Title shill] be conveyed by statutory warranly decd in the form of Exhibit "B" attliched hereto mui incorpornled herein by this referenrr. •1. Golttittgencics •1 l The CCont�noncies. Pu chasers oblignuons under flit,;Agrcenienl are ro l l rl I l v pill' it tipoll :gild "L17]ect to PtIfClI:LW'r's %a LLcftrUon. Ill II% %lilt• discretion. oi• Purchasnr's written waiver of the following contingencies - In I Purchaser's chiterminatum that the sods ill' Ibe I'r.lparty. or sinteluies or Improvements on l.he Property. nv free from any lumirdnus sabsiauces whatsurvor SPllat• Shall reasonably enoperat- with Lhe Nirthaser In provide such informnLinn Ilml tilt Purchaser requests to the extent dial %ut•h information or documents oxi%l and are under the control of the Seller, mid grant Ili the Purchaer• the right Ln enter Iho Property at. reasonable Linies to inspect and obl:un necessary munple%from the atone. 'I'll)s tomtit gevicy is Solely fin• Purchasor's benefil. and shall be determmecl ill Ihr exercise of Pilrchnscr's soil, disc:retintr (h) Final approval of this Af_reemenl ht the Cif. (bunril of hedoral Way: (r) 'file truth :old ar(-uracv of all reprvrelttalntns awl warranties of.Seller; tit) The absellcc of any CIohllit) n of federal. stair or 01,v ]nays tncitsil with-ttU 7 hntikition, all Cd.y rods•%. orilul:uu:rs. resriluhons, n-gulalunls. standards and C. pnhrlt•s. as now extsttnp nr hrreafler ❑dupted or amended. affeclmg the u%t•. C� nrrupaucy or conchLlon of the 11roliei•1y. L (t•) Sellers failure lii compiv will flu• or ler of any court or Rove-mmemal mtll,nrtly or agency pBrlaitling to thv Properly or the use. uccupanry or rnudit)on of 71 I he Prul ierl v: 4f1 The liendeocy or threat of :uly lingalion ar procoevhng relating to Ihr` Property; or (10 Any material changt• it, the Pniperiy or Ili.' uaprovemmiLs on theProptrty .Ii•rurrnig after the exc(•ullrin of fills A:;reenuvnt 1" CmkLIl�nlia 1'cra{(I. In ('urlllerltoe tydh Ill"hainrinuv walk ronlini:emw nt.,ne•d in Sutton 1.1(a) her.•ii.. Pur.•haw•r liar. forlv•fn•e I.15) days from the date of I'.n•rhaser's revegil of Seliirr:a arrepl:utre ill Ills offer In nol.11y Sollt•r of Purchaser', b Ioi minutlnn. provided, him -ewer. that Purt•hatser shall have the. riglit Let eNlend fill. - period for thirLy fill) rla}s upon of such v.-ain Sinn frnin Purchnser to Il. r In connerllon with all nth(.. ronlritt;r•ura•%. Purchaser s11:111 have until the clus.nc I:...• In whl.'It to notify Svilur Ihoi it hay smLisfu•d or w:tivc•d satisfaction of 111e r�•nl ntl;rncues or has clotted to Iermin:tte I Is •%greemenI pursitanl to such contingencies r 11 m 4.3 li • itratsnn of QD1lthi etiey_1'ertud. If Seller (Ines not receive the notice I'equired by Section 4.2 prior to the closing date, this: Agreement. shall terminate, al Purchaser's elecLmn, and the rarnesL mnncy shall he returned to Purchaser. 5. Seller's Its lrcSCnIad t1S a rk_LYarritntics EilvlLinlnunti iioLidLlmns. NotwithsLanding the mitllmgroicien alm e. tl Is Ihr Seller's ohllgalum .It Its sole cost and expense to comIll 'v or ens ire compliance with all (oiler:d, slake, fnrrrgil and local laws (,I• adminislrntive emlvrs with respect In ,•ncironmrnlal cuitrhlwns eXIAI11I; 4111 1111e ProllITLY at Clasintl Including. without. limilalltil. III(. Resource Conseevntunl and Recovery Act. the- Ctimpreliensive Envu•omnental Respond•. (-mnlptelsanon and Liabilit,v Act, the Spill C-mipensation and Control Act, lilt] the I:nrnnnnu•nu11 Cleanup Responsibility Act. Such obligation, and :lily liability that Scllrr ❑,av have fnr:In•: hrvach thercofshall survive the chiming. III the (•yr11t Yorchaser discovers or is notiGrd about (Ile existence If Illy rl,Crl•nnmrntal cnndlI roil (including, without lnlulation, a !spill, discharge or containinat iniiI I hat rsislrd as of and/or prior tl1 the closing r1me or any act at, otnmsston Occurring prier In III,! slosh, elate, the result of which may mpu a remedial action pursuant to any briv (or nlac he Ilhr IMAUI far the assertion of nny Ihird party clainis, including claims of %'crnnlrutal C111ll rrs. 11urr.haser shall promptly nuts(} Seller and tieller shall. It its sale rnsl nnrl raprns e. prucce•d with due dllif once nn1] it gm it failh lm take the apprupriale . art ImI and rest it I hCrctu. In the eve tit On Seiler f,ltIs ttI -ai prm%1rrd wtib title (it llNonrr :Iasi Ialnrl faith, fill- lrnt'cI17b:r.'r may. at its option. pren•rrd to Iadar the npl,rnpriatr action and f sh:Ill hayr III,. rights In Indemnity as set, forth helnw 7 5 Nil \satrri I It-ImL, tieller is: unalyary of :IIW malrrlai defect m the I rnprrt}' Ti c,a livid, mid Prs!;twnl Prismrh Neilvr will Irmmr Al debris and prrsmial in•iq,rrly, prinr 11, rinsing, Inrlted nil the, Pr'nprl'ty. if aviv. al Sellers r.,sl and oxpensv. f SoiII _i x Inclemmities: NnNvithmanrhng I'tirchasrr's w:uvrr or satisfaction of a nc ul' liar rant 111111,'Ia•IPS, Ihr Seller ❑Rrv.ss 1.1 aulrnituF• :1111I hall h•11-1111CBa the Purdmi: •r. at:,uht :n1d m abllilrCsr••sl".0 f. Inv anif all d:tulagr.. . judgau•Ilts. li•niandz. Ir,•�, nldit;alln ll :ISS('KRltIvIlls. .111,1 rxpe•nm: i :Intl I•nsk. Including w:tllr,tll 1111111r1Imt1, 1'rti:VU italic II.ral. a cc"11111.111i:• 0,111.I1IL111L'. t•IIg1111'1'1'1nI: and nlhrrrxpCnCes whlrll mac 111• nlIII(W,rl upmo ur 11it:urrr41 h}• PtITVlllst•r. nr agscvried aca111:11 Ytlrrhaser, by any •,I III•r Paris .,r Val ur•.< unr.ludurg. wlLhnul ItMntalmil, a geivornnlCnlA CutILYl.:Irtiting nut of ''I' I II r•1t1111••I-111ill wil h ;im• ellClrltnlBr111 ill r,mILIIIII t•rlRtllg ae of Illd�nY Prix! 1U lln' :'Inc111t: L ' . lnt•ludnit: t h, rsp„surr mf role pl:r nI lu ill y:.urh rnvironnm11a1 condition, regardlrs, I' ,chollu r urh ounn,mnrnlal rondlttun nr vxIlw:.n•r rt•sulled tram :u:tivilies of St•Ilrr tit- tiollrr'.: prodrrr� nr� nI ntlrrusl. '1111.: Ildrnlluly Audi survive the clnsmg and hC to art liuun In Scllrr'. 01119MI011 for breach of a n-Itrrsrnlalmn m! warranty ar mny hr -I l t'llt ItE-rrin i \entice Am nnkre 7nallr irl"'smint In lilt% Agt•r,•Itient• must Ix• In wrilllle. �nr l by Ilu• f1iirrh;i. •r III- Scllrr mad r6•lrv,.r,A In the 11ul•rlm.••r (it- Seldrr al Ilivit 10 9 respective addresses set forth below. Facsimile transmission of illy signed original da:umont shall not be L}to same as transmission of an original. 8. General Conditions 8.1 1'erfo: aria:ice. 'Time is of the easeaL•e to this Agreement 8.2 15ntiT.. A orecntcnt. 'Phis Agreement. eontnins all of the agreements of the parties With respect to any matter covered or mentioned in this Agreement and no prior agreements or understandings pertaining to any such matters shall be effective for ;illy purpnvt• 8.3 M ificatsnn. No provision of this Agreement cony be ❑niended or adder) to except Its agreement an writing signed by the parties. SA Full Force? and f ffcct. Any provision of Otis Agreement which is deviart'd invalid, void or illegal shall 111 no wav affect, impair, or inenlid;aic any other provrsuut hcrcof and such other provisions shall remain in full force and effect 8.5 02,veenintt I.aw. This Agreement shall be made in and shall he governed by and int-rpreterl in accordance with the laws of the State of Washington. 8.6 t, .autin is. The respective captions of the paragraph., of this Agreement are utserLerf for convenience of reference only and shall not be deemed try modify or otherwise Ll affect to any respect any of the provisions of this Agreement. ei N ll, Survival of Wnrutriti.es The terms. covenants, rcpresentatirnts and warranties contatned ua this AgrecrnattL shall not merle In the Deed, but ahafl survive jcln�utg- 10. AVreemtetiL Lo Purehasq Purchaser offers to purchase the Property on the ttn-ins and conditions set forth herein. In the event Seller tines not arrept tills offer on or before nt-,-ph r- 27 , 19-U. this offershall expire and (crntnmte i .tt. Dntud tills I dav(if f��L1 Y10�u ' 11111WI IASI.R: :1y: -37l, 7 F,DElt(111 AY (! _ t.__ •- ;t' nnnt}r F. )}ter::. ('tty 111anat;er 33530 Ist, Way South Federal Way, WA 99003 (20G) GG 1 •4031 Ali 0 «nvumUoxuT0FORM: �|o, t��:��/mw ua\,, :^:xov/nhr^ nx.61A of ovv of this xxp~m,n/ "n /91Xm,^^fl b/all v",u.~^vm|ackm^,o"inshaving rend m,terms ' uU.' |=xivid| x0J2,u(Corv*mte): � ---_—_----------..—_--_--_—_ ' �i`atum* foorpoatrm"arnw / »c_----__—_—_� ----------__ vre) '"/plamn') (typed/printed o,m,) Kni—�_�_��"��_'_ 98031 (Address) (Address) ,pmxv� Uv,mv � rm�."'.�m �°*e ��mo� k""r"s,ne�*n vnnuvy"r «"~��p,',m,"/"»--icu��--�— PURCHASER (TIT orrm)mR\|.WAY ! [ vr ------- . � ! x�pwws'/�xw, / � �//�17 0 e 0 L�� MM CONSULTING ENGINEERS, LL.C. ACI'rIL ENGINEERING, LAND SURv EY. AND PRQ)tr-T MANAG(MEVf CONSULTV"G M4 City of Federal Way Job No. 631-07.960-001 March 11,1998 EXHIBIT "A" LEGAL DESCRIPTIOK FOR ADDITIONAL RIGHT-OF-WAY FORS. 3361h STREET TI11itt portion of the northeast quarter of the northeast 4uarttr of Section 20. Township 2I North, Range 4 East, W.M., Ciry of Federal Way. King County. Wzbingion.ueing more parlicularly described as follows: 13EGTiR'ffMG at the interstetian of the southerly margin fSouth 736th Street with th %v5tecly margin of Pacific' Highway South (AKA S R.99) as shaAn on King Cotlnry Lot Line Adjustment No, 9310007 as riled dreer Recording NO- 3812200907; THENCE along said westerly margin. S 01'12'20" W, 59.97 feet, TIIENCE N 88'47'40" W. 10.00 feet to a line 10 feet westerly of and parallel with said westerly T margin, [ 1 THENCE along said parallel line, N 01,12'7.0" F., 13.01 feet. C- ;.;.• THENCE N 43°46'15" W, 45 23 feet to a line 10 feet southerly of and parsllef with the saullla ) fJ margin of South 336(h Slrcct; THENCE along sold parallel line, N 88143'SO" W, 191.61 feet to said westerly line ofthe smaller Sot erected by said Lot Line Adjustment No Rd 10007, also being a line 223.60 feel westerly efsaid westerly margin of Pacific IIigbivay South; THENCE along said wrstcrly line. N 01° 12'20" E, 10.00 feet to said southerly margin; THENCE along said southerly margin. S 88'1-1'50" E. 223.60 feet to BEGINNING. Conhining 3245 squere feet, more or less. See attached Exhibit "B". Written by: C.A.F. Checked E y: R.l.W- 03/z5/98 °1CO"r'M1 j°t'K"�na"�Tau S.i�ni �+ea, Sven • tadnt way. wa"goo 9aa federal way llsl) 838-5117 • Taca—US31917-0519 • 50In412araaaa-59 A i INTERSECTION S.R. 99 STA. 374+69.46 - I S. 33PH ST. STA, 10400 YV iOUNO WrINUMENT IN CASE i ORASS TACK 9i 5' CLAY PIPE (MARC34 1996) J FOtJNU MONUMENT [)I CASF r 1/;.'BRASS aISC IN CONCRETE (MARCH 1996) 1 / y N 96'44'50' W 1759.a'. (ESM) _ SO. 336TH STREET ,t.r fY Y _ �zS 65" 5ti E .. r� 0) - 3 O) *+ 0 m o 2S I• v N 01'11'41' E .� w `l O N U48'15' We cl,z I 10.00, I .fir I - } C z S, _v ILL I 4 Q. LAST UNE SEC. 20. TOWNSi1FP 21 N., RANGE 4 L.. W.M. I FOUND M.I.C. �•- I� ii WVL 14 199E (ror y1E CITY OF FEDERAL WAY PAP0919FII—CONSULTANTS 90UTN 33+9TN 9TREE7 IMPROVEMENTS EXHIBIT 'B' „tea, "I 'p r �&. 11 W Return Address: City of Federal Way Attn: Law Dept. 33530 1st Way S. Federal Way, WA 98003 EXHIBIT 'B" STATUTORY WARRANTY DEED Grantor Is): RAJINDER JOHAL and KULWINDER JOHAL, husband and wi`e Grantee (s): CITY OF FEDERAL WAY Property Legal Description (a,,breviated): Portion of NE 114 of NE 114 of Sec 20, T21N, R4E , W.M., Additional Legal(s) an Exhibit A Assessor's Tax Parcel IDX(s): 202104-9069.06 THE GRANTORS) RAJINDER JOHAL and KULWINDER , OHAL, husband and wife. lot and in consideration 01 One Dollar Is 1 A0). and under she gveat of the exa$Me of eminent domain, eonyays artd warrants so TW CITY OF FEDERAL WAY, a Washfngtort munripal corporation, the real property described in Exhibat'A" hereywth attachcd and made a part hereof, and any after-ac+fuired interest therein, situated .'i in King County in the State of Washington. DATED THIS day of 1997. Ct LO GRANTOR Z .Tj Kulwinder Johal APPROVED AS TO FORM: LOndt K. Lindell, Gty Attorney ff t PARCEL 9069 0 Q [Individual Noiaryl [Corporate Notary] STATE OF WASHINGTON ) STATE OF WASHINGTON 1 ) ss. I ss. COUNTY OF KING ) COUNTY OF KING ) On this day personally appeared before me, On this day personally appeared before me tome to me known to be the known to be the of individuals) described in and who executed the __ _, the foregoing instrument, and on oath swore that corporation that executed the foregoing helshe/they executed the foregoing instrument as instrument, and acknowledged the said hislher/their free and voluntary act and deed for instrument to be the free and voluntary act and the uses and purposes therein mentioned. deed of said corporation, for the uses and purposes therein mentioned, and on oath stated GIVEN my hand and official seal this that he/she was authorized to execute said day of 19_ instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this (notary signature)~ day of 19_. [typed/printed name of notary) Notary Public in and far the State of Washington. (notary signature) My commission expires.-.... (typed/printed name of notary) Notary Public in and for the State of Washington. L7 ,J,• My commission expires.. T1 Cl K:lpubwork13336sr991johal.wd O 8.11-97 -2- 1 1 vAMEt arwx • f E ESM CONSULTING ENGINEERS, L.R.C. 0, A CINL ENGINEERING. LAND SURVEY, AND PROJECT MANAGEMENT CONSULT INC FIRM City of Federal Way Job No. 611-U7.96U•001 March :t, 1998 EXTIMIT "A" LEGAL DESCRIPTION FOR ADDITIONAL RIGHT -OP -WAY FOR S.336th STRUT That poniau of tht nustlicast quarter of the norlheastquarter ofSeetion 20. Township 21 V01111, Range 4 Eask Wr.M..Ciry of Federal Way, King Covnty, %VMkingTort, being more parlictdarly described as follows: DEGa4KNG at the intersection ofthc stsutherlyrnugiaof Swith 33601 Strect %vilhthelsest:rly margio of Pacific 11i8hs•AySovlh (AKA S.R.99) its sMvkn on King County Lot Line Adjustment No. BMW as filti under 1'_cordinr No 8812200807; THENCE along said westerly margin. 5 01"12'20" W, 59.97 feer, :e) THENCE N 88`47.40" W, 10 00 feet to a line to feet westerly of and parallel with said westerly C, margin, v4 �7 THENCr, along said parallel line, N 01°12'7.0'' F 18.01 feet: THENCE N 43°46' 15" W. 45 23 feet to a line 10 feet southerly of avid parallel with the souUtctly I) margin of South 3361h Streel; 7. I -HENCE aloag said parallel litre. N 89*44'50" W. ISL63 feet to said westerly lineofthe smAller lot created by said (or Line Adjustment No 8810007, also being a line??3.60 (e-t westerly of said wcstelty margin of l)ALifle llighwaySoul h-, THENCE along said svesle,ly line, N 01°12'20" E, to 0o feet to said southerly margin; THENCE along said southerly margin. S 881•1400" E, 223.60 feet to r7EGiNvI14G. Containing 3245 square fcer, more or less. See auached Exhibit "fd". kVrinenby C.A.F. p3ft5/58 ChecSccd hy: R.1. W. t-M1K�,,,tM3i'0b )ia s!Ia, l.eu, Svect • radeal wry, WmNf W 980 f-de,r1wjy17511A38S11) - TiCo—OS319174619 • srne�tta616dS•59 s IN INTERSECTION S.R. 99 STAI 374469.46 - S. 3367H ST. STA. 10+00 ^^nn YV FOUND MONUMENT IN CASE I 1 © 6RA55 Tom IN 55 CLAY PIPE IH'1 1996] SCALE: I'�SO' A FOUND ri0.4UIJiNI IN CARy i/7'BRASS DISC IN CONCRETE I (uARCH 1996} •� N 0644•SW W 1759.84' (ESM) SO. 336TH STREET 11.2' ' S jt 44 5C F. 223^ �� S 1lf 4;T0 E 881M' f � V V1 ri N 01'1 T'4, E ti- o r1 O 18.41' I o I �� fn N (1849'1T W I � 4 [AST UNE SEC. 20. TOWNSHIP 21 N.. ` -{ RANGE 4 E_.. W.M. 3 jl TOUND M.I.C. -r- • � 1 VAX oe Vat 00 CITY OF FEDERAL. WAY SOUTH 339TIi STREET IMPROVEMENTS G C1� ,. GARDNER CONSULTANTS EXHIBIT B' pM"W �w. r f: 0i�A'.-,.G I 11 0 After recording return to: =� n YJt (, City of Federal Way 33 Feder 1st Way South A98003%ttD9t1MI OP Federal Way, WA 98003 rot ee5 aE1S500T 5a:sa STR: 1tltliRlI eov It.M COlkt Permit No: "41`t- br0 Parcel No: DECLARATION OF COVENANT IN CONSIDERATION OF the approved City of Federal Way (City) building permit for application No. BLD�2- �clating to real property legally described as (inrert description) The undersigned as Grantor declares that the above described property is hereby subject to an casement for a natural or constructed conveyance system and hereby dedicates, covenants, and i agrees as follows. I . City shall have the right to ingress and egress over those portions of real property described above to access such casement area for inspection of and to reasonably monitor the system for performance, operational (lows or defects in accordance with City's Surface Water Management Divisions procedures 2 If City determines that maintenance or repair work is required to be done to the system, the Manager of the Surface Water Management Division of the Department of Public Works shall give notice of the specific maintenance and/or repair required. The Manager shall also set a reasonable time in which such work is to be completed by the Grantor, its heirs, successors or assigns. If the above required maintenance and/or repair is not completed within the time set by the Manager, the City may perform the required maintenance and/or repair. Written notice will be sent to the Grantor I stating the City's intention to perform such maintenance Maintenance work will not commence until at IU51 seven (7) days after such notice is mailed. If, within the sole discretion of the Surface Water Management Division Manager, there exists an imminent or present danger, said seven (7) day notice period will be waived and maintenance and/or repair work will begin immediately. 3 If at any time the City reasonably deternines that any existing retention/detention system creates any conditions detrimental to the receiving surface water system, public and/or private property, the Surface Water Management Division Manager ntay take measures specified therein 4 The Grantor shall assume all responsibility for the cost of any maintenance and for repairs to the R EC E I b E LED system Such responsibility shall include reimbursement to the City within thirty (30) days of the AUG 0 7 2007 CITY OF FEDERAL WAY BUILDING DEPT. x5zl t receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate as liquidated damages. If legal action ensures, the prevailing party is entitled to costs or fees 5- I'hc Grantor is hereby required to obtain u jj[cn approval from the Surface Water Niartagcrrwi Division Manager or the City orRdcrat Way Department of Public Works prior to falling, piping, cutting, ❑r removing vegetation (excep: in routirEc landscape maintenance) in open vegetated drainage facilities (such as swabs, channels, ditches, ponds, etc.), or performing any alterations or modifications to the drainage Facilities contained within property as described previously. Any notice or consenI required to be given or otherwise provided far by the provisions of this Agreement shall be crrectivc upon personal delivery, or thrcC (3) days after mailing by Certified Mail• return receipt requested 6 This Agreement constitutes the entire agreement between the parties, and supersedes all prior d ISCn 55io nS, negotiations, and all agreements whatsoever whether oral or writs en. This caY4nant is intended to protca the value of desi rabi I ity of the real property described above, and shall itisttre to the benefit all the citixns Of City of FcdcraI Way, and shall be binding on all heirs. successors, and assigns ` I Company By. Name 19990516008033 vart "z a rM 10,16,19" M % qnc C"TY. uo vnwv Co., I1 90 i -U STATE OF WASHINGTON ) COUNTY OF KING ) ss I certify that I know or have satisfactory evidence that' SIND /c' t— is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the (title) of the (c,=Wy) to be the free and voluntary act of such party For the uses and purposes Mentioned in the instrument, Dated. QP alp yF _OQ1r+ Notary Public in and for the State of Washington. � QY� � �, residing at tt. Izt.Lrt. Washington NF . Y ; p; My commission expires. ra• .i �i • C+ 3 trt q "29 as K U Fak F.NF0RMS--N1 OBMIC<M 1999091660 ff33 PAGE 643 OF W ee�a�t aa„w rRMA m' {1 M i •L WIA F"\IllTO "A- 10 t['ARRAN(F IR' PPROM RARM)PR J(11IAI • AND KI7 WON1111 AM U.IP'RPAND ANTI UTT TOCI IV OF M. )FAM WA1 ,IINI I IRT It'AY R(1 rlll FEDFAM WAY WA I IIAI P(N(11) tN FO 111E Nf1R 1 I IF ARl (N'AR'IFR 1K 11R' N(/R I IR°ART (r' {R IAA dF FICIION20, TOIAW 11IF21 NOPMRAN(6.11-A01 WI,1 1NKIN71(Y11RV11, WARIIINOTON, IIFSCRIMI) AR Ffll IO1VR 111111NNIN(.1A7 iI1F:INIFPRI:['IIDNOFIIII SIN'lllM•{PI2ININR11'11111A111 aF.FT tA'I111 I I IF l[7 C i ioR(11N I11 FA('IFICIINUFA Al R11411 AS (11N11'1111111 I7111:11 01:(IMI)F1)174I1FR PFA'ORI)INO M-Allll'R 171FIll I11MV R(11'1111 1711 117 RF Abut; RAII) A'F_4T MAROIN 771 An FF,F.1 I O I IPr 511'I111.INF OF i 11F N1iR i11 )0 60 ME T OF RAID 4l RIDI VISION IIIERT NOP I II PR AA A} • UTST AI MIl t SAID RDI'l l l LINE 1I1 AO 111T 1 T01111: 0M I.INI ()1 IIIm1Y1 2A2 4n 1i' lil C{IIl 51141IN1'IRION 11(FN(F M)RT)1 Rl'12-11" 1'4yl {IIKVIIRAIDI11RIIINr771M FTF.1111 ME RAID R11r111 AIAROIN()F pm ril1116111RIRF1'T 111FN(TR(1ryll PP'44'R1" F•1R7 77i GA FFF 1 Tn'I IiF. WtINT t)F PF(RNNiNu 111F AIWIVF OIFCRIIIFI) FAR(} I. CONTAIM 4oao7 PI)f -ARr FFFT IIR I M7P ARIFA , MOR I OR 1 FSi 19998833 Rr� eeA ofr284 aea 0a•16.I Ra Sd r:Wr I:CLMT'/. ip RRRRR COL, 11 ib l k i m p i a r �sr r �<15 µ F'oo '• -...'Lrfiii3 - �4ff.y rg tar T7 i s� Sf\ S w •... ram' c Z, R •� ~ ;L �o�}�• q •f H �51.� �5 i 5 � 3 � s 3 y¢� •'� ,n r g ��iSFiEx� < rn r � +�' ii � a Z gg a :. � O • r' gg� in g e t m +, ram• ,a'"- V' e 8R •.P � p m��'�mF•'•a off,. -@� o _; o A� mg IF ffix"�a�Yn g �p w e N 1 og � z �- s - 8 -o Ln X " r.. o u mg m £A a x x A �xo9 S o _ Y g = � -M A -a -o sp -.il 009WIP4gig gI m PAv n^R ern asKqxi a �' i 6 i �m CITY 13DING DEPT.. U Y na3� Isom "os3a Z 'a o +� r s; s c g4i ' s 3a. " 3 o< � Y� R 3 :U s • V v� x SsR m A •go9 � rfo m ee� �o MINIMUM I'l m" 111, `�, I I i� I 11� 11 S MINIMUM a _ _ •�+ SW l3'ta-r 619.EG' � ff t # •'S: C ��• � ?�, / 1 fir_ ..�` ±� '': '�,n `S 1I :,i �p y• _� w f a �._ 1 U 3(a a g m R �.rr 9 ��9AiMEN ��;,• — � s4174.7o'w_ �0 ,a, uy-"ter",. r- f/rsC�' C .1 �� 5.0 r� -'�' fr�� a Oca L17 r � -- ' � �' �P,�, -rya i `'�� • Lw �,y I r`v_sm I I 1 a ~ y 5CI:1•3e1w f a 1 b�9 amrss ----•'----"J / SOIL I'6B'W SECTOI�NE--1 Q S0I12•H•W�>V. „sue c,j naw CEN*nAM —7r PACIFIC HIGHWAY SOUTH m 0 0 kL 0m r z •; S� 9 �Rg• S L -t N Nfll'12'44'C 21 a � - �� nl .0 JI• � lOn� rs V V r�� ` n I 00000 1 y �1 •� `•�-r5 Y - xUR NILS^ �� a€g.g� ��'•� .� � a; Imo' :�. i' a-• �ggo � _ 9 r r, � Iz - WE Ell og r ay Rp •�'y V� Jx >R � '� =S3 m � =i�P-4 i qX f Z �9 o SR yq xx P o z ZQ Q'; D I iz GF 1F . .......... 9. F, q CUT IL S0115,21-W 615.66' S, 2 kr M m m f 11 9° IN m ss i j: 00 A G �i ZVI '_ jtl�' F 'so t io' Is R^ ZEE Lie 2360. Sel-,1'58'W TH SECTION 2t.E . _sollvw. Inme MOAD171 1� PACIFIC HIGHWAY SOUTH V) Im m 7 m Z. z 0 20030109002463.001 ,`.. -n Address �FFederal Way Law Dcpt i530 1st Way S O Box 9718 ,'eral Way, WA 98063-9718 i 20030103002453 PAGE 001 OF 005 KikG9C4t0YHTY=4).07 PERMANENT EASEMENT FOR RIGHTS -OF -WAY AND UTILITIES ,liar (s} IC1TT S CORNER PAR'1�3ERS, L L C . a Washington Limited Liability Company Atee (s) CITY OF FF-DERAL WAY, a Washington Municipal Corporation I Description (abbreviated) Pta NE % of the NE ,/. of S 20- T21- R4E, W M , m Kmg County, Washington, (additional legal on Exhibit "A") -.-ment Legal Description SEE EXHIBIT "B" .ssor's Tax Parcel IDN 202104-9069 RECITALS y I S CORNER PARTIIERS, L L C , a Washinf ton Limited Liability Company (Grantor) is the owner of certain property (the "Property") located in Federal Way, Washington, and legally described as follow EXHIBIT "A„ the City of Federal Way, a Washington municipal corporation (Grantee), desires to construct improvements to ific Highway South HOV Lane Phase 11(South 324' Sticet to South 340`s Street), and requires a portion of the �crty in which to locate the improvements The parties both desire to avoid enurient domain proceedings, and to rea o co d ed, and under threat of the ense Therefore, for valuable consideration, the receipt of wluch is hereby l; :,rise ofennr►ent domain, the parties agree as follows EASEMENT AGREEMENT 'rant of Easement. Grantor grants, conveys and warrants to the CrrantEe a perpetual, perntaQient right Of way ;ment ("Easement") under, across and over that portion of the Property legally described its Exhibit "6" and acted in Exhibit "B-l" attached hereto and iricorporated !:erein by reference Grantee and its ageatits, r ees Vor assigns shall have the ri ht, wwithaut prior notice to Grantor, atsucli brim as deemed necessary byyGrantM ��ge ^r upon, over or tinder the Easement to inspcot, construct, reconstruct, operate, zrravutain, ieP•reA lic rights -of -way for all public purposes, including, but not limited to, vehicular travel, Landscaping, cable Rd fib r ct lights, public utilities (including without lirrutaucin water, storm water, electric. gas, telephone, c), all nglit-of-way iinprovenients described in Chapter 22, Division 3 of the Federal Way City Code as itexists ar ereafter amended, or any ocher codes, rules or regulations applicable to public iriiprovements, together with all essary or convenient appurtenances thereto Following the initial consutct oil ofm� root Girantee may �e n time to time construct such additional improvements as it may regl= [ ntee to commence or complete the improvements within a specific period of toxic, provided, however, the Grantce PARCEL 202104-9069 RECEIVED , k _1 p a 2,007 CITY OF FEDERAL WAY BUILDING DEPT. 20030109002453.002 sl all use diligent efforts to complete all work within, and to restore, the Easement within a reasonable period of time .. , ier commencing such work `. Access. Grantor also covenants and agrees that, upon reasonable notice to Grantor, Grantee shall have the right of a cess to the Easement over and across the Property to enable Grantee to exercise its rights hereunder Obstructions; Landscaping. Grantee may from time to time remove vegetation, trees, or other obstructions withm Easement, and may level and grade the Easement to the extent reasonably necessary to carry out the purposes set forth in paragraph 1 hereof, provided, that following any such work, Grantee shall, to the extent reasonably practicable, res l:)re the Easement and Grantor's Property to a condition similar to its condition prior to such work Following the cc, struchon and installation of the improvements, Grantor may undertake any ordinary imVrovements to the b .'scapmg of the Easement, provided that no trees or other plants shall be placed thereon, which would be �asonably expensive or impractical for Grantee to remove and restore Grantor's Use of Easement. This Easement shall be exclusive to Grantee, provided, however, Grantormservesthe t to use the Easement for any purpose not mconsistent with Grantee's rights Grantor shall not construct ormauitain v buildings or other structures on the Easement Grantor shall not perform digging, tunnelmg or other form of ;struction activity on the Property, which would disturb the compactton of or damage any unprovements within the ,cment, and no blasting shall be done within fifteen (15) feet of the Easement S. 'indemnification. Each party to this Agreement shall indemnify, defend, and bold the other party, its elected oi. - - ials, officers, employees, agents, and volunteers harmless from any and all claims, demands, Iosses, actions and It; :l,ties (including costs and all attorney fees) ansing from, resulting from, or connected with this Easement, except to L ;xtent caused by the negligent or willful actor omission of the other party, its agents, licensees, or representatives Successors and Assigns. The rights and obligations described herein shall run with the land, shall mure to the -fit of the Grantor and Grantee, and 2,_,,/, binding upon their respective successors, heirs and assigns � 'ED Ms // day of � , 2002 i".'..ANTOR 1. 1 rS CORN �S, a wasbington limited liability company PROVED AS TO FORM � �r �m�UukMIA, 1 r' -;a A RiC . sen 'i Attome tY -2- PARCEL 202104-9069 I"-,k IV k. Da d H Mosel y, City Mana& 33 30 1"Way outh P Box 9718 Federal Way, WA 98063-9718 (253) 661A013 :rantee Notary) 'ATE OF WASHINGTON ) ) ss C. jUNTY OF KING ) ..i this day, personally appeared before me, the ,:iidersigned, a Notary Public in and for the State of '�"?ashington, duly commissioned and swom, David H ':oseley, to me known to be the City Manager of the City i Federal Way, a Washington municipal corporation, the )rporation that executed the foregoing instrument, and ,Wledged the said instrument to be the free and itary act and deed of said corporation, forthe uses and oses therein mentioned, and on oath stated that he was )razed to execute the said instrument Given my band and official sea] this j_ day 2002 (fiq�.a signat..re} (typed/prmted name f notary) y Public m and for the State of Washm ton mmissionexp� A � g J ;,o zx Y ttii � Of [Grantor Notary) STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this day personally appeared before me Leonard C Schaadt, to me known to be the Managing Partner of Y=S CORNER PARTNERS, L L C a Washington lumted habday company, to be the free and voluntary act of such party for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument Craven myband and official seal this A day of 2002 (notary ignature) stss�� l (typed/printed name of notary) Notary Public in and for the S to f Washmgton 1`7y commission expues 66 O :o NOrq otr' 8 C = f-.7 �' f -ETS\i'E1'OfECTS\SR99 phase 11\R0W\30 Kitts Cor=\EasementROW Utilines 12-2-2002 doe -3- PARCEL 202104-9069 EXHIBIT A PARCEL NO. 2021049069 PROPERTY I RCEL "A" :!A r PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP NORTH, RANGE 4 EAST, W M , INKING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS GINNING AT THE INTERSECTION OF THE SOUTH MARGIN OF SOUTH 33e STREET WITH THE WEST ;'?GIN OF PACIFIC HIGHWAY SOUTH AS CONVEYED BvDEEn RECORDED UNDER RECORDING NUMBER ,'3234, LICE SOUTH 01 ° 12' 23" WEST ALONG SAID WEST MARGIN, 223 60 FEET TO THE SOUTH LINE OF THE RTH 265 60 FEET OF SAID SUBDIVISION, 1ENCE NORTH 88° 44' 45" WEST ALONG SAID SOUTH LINE 223 60 FEET TO THE WEST LINE OF THE EAST `'2 40 FEET OF SAID SUBDIVISION, ONCE NORTH 01' 12' 23"EASTALONG SAID WEST LINE, 223 60 FEET TO THE SAID SOUTH MARGIN OF UTH 336TH STREET, NCE SOUTH 68° 44' 55" EAST, 223 60 FEET TO THE POINT OF BEGINNING, 9PT THOSE PORTIONS CONVEYED TO THE CITY OF FEDERAL WAY UNDER STATUTORY WARRANTY !)S RECORDED UNDER RECORDING NUMBERS 19990816000053, 19990819001819 AND 20020927001676 ,4 2021049069 Property Dosc 20030 EXHIBIT B-1 EXISTING ROW CA S 336TH ST. h -.-Poe TP OB T 141 75' 1 20• 10V 27. 2002 E A R T H T E C i oaao HE all, St RE; 720 S 333 St Ste 200 7th floor Federal Way. WA 98003 aellevue. WA 08004 253 635-6202 475 4SS-9494 PROPOSED EASEMENT AREA - 260 SF ORIGINAL ROW DEEDED TO THE CITY OF FEDERAL WAY REC NO 19990816000053 REC NO 19990819001819 REC NO 20020927001676 TAX LOT PLUMBER 2021049069 (PARCEL A") EXISTING ROW i i� I N TS alp z z NiH � NiN yip of s0' t I }-- EX1SnNG �y 1 ROW CIL EXHIBI T MAP PARCEL 2021049069 EASEMENT ACAD No 2021049069 Esmt H 2003010900245T.= EXHIBIT B PARCEL NO. 2021049069 EASEMENT -.,-!AT PORTION OF THE HEREINAFTER DESCRIBED PARCEL A , DESCRIBED AS FOLLOWS -(;INNING AT THE NORTHWEST CORNER OF SAID PARCEL A , BEING ON THE SOUTH MARGIN OF SOUTH 3 "' STREET, ENCE SOUTH 88 ° 44' 55" EAST ALONG SAID SOUTH MARGIN, 141.75 FEET TO THE TRUE POINT OF GINNING ZNCE CONTINUING SOUTH 880 44' 55" EAST ALONG SAID SOUTH MARGIN, 20 00 FEET,• ;ENCE SOUTH 010 15' 05" WEST, 13 00 FEET TO A LINE THAT IS 1300 FEET SOUTH OFAND PARALLEL 7TH THE SOUTH MARGIN OF SOUTH 336M STREET; 'ENCE NORTH 880 441551 WEST ALONG SAID PARALLEL LINE, 20 00 FEET, ENCE NORTH 010 15' 05' EAST, 13 00 FEET TO THE TRUE POINT OF BEGINNING ^NTAINING 260 SQUARE FEET, MORE OR LESS RCEL '"A"' 4T PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP NORTH, RANGE 4 EAST, W M , IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: -31NNING AT THE INTERSECTION OF THE SOUTH MARGIN OF SOUTH 336W STREET WITH THE WEST RGIN OF PACIFIC HIGHWAY SOUTH AS CONVEYED BY DEED RECORDED UNDER RECORDING NUMBER 78234, 'ENCE SOUTH 01 ° 12' 23" WEST ALONG SAID WEST MARGIN, 223 60 FEET TO THE SOUTH LINE OF THE RTH 265 60 FEET OF SAID SUBDIVISION, 'ENCE NORTH 88° 44' 45" WEST ALONG SAID SOUTH LINE, 223 60 FEET TO THE WEST LINE OF THE ST 262 40 FEET OF SAID SUBDIVISION, ENCE NORTH 010 12' 23" EAST ALONG SAID WEST LINE, 223 60 FEET TO THE SAID SOUTH MARGIN OF JTH 336)H STREET, NCE SOUTH 880 44' 55" EAST, 223 60 FEET TO THE POINT OFBEGINNING, �'EPT THOSE PORTIONS CONVEYED TO THE CITY OF FEDERAL WAY UNDER STATUTORY WARRANTY EDS RECORDED UNDER RECORDING NUMBERS 19990816000053 19990819001819 AND C-)20927001676 RVEYORS NOTE\e 111I E CENTERLINE OF PACIFIC HIGHWAY SOUTH '7 ' 991 IS BASED ON THE RIGHT OF WAY PLANSp$'�'SfLLjc� R SR 99 HOV LANES PHASE 2, ON FILE WITH �r E CITY OF FEDERAL WAY PUBLIC WORKS �^+ ;$4 ExPIfles 10-01-0✓ ii-zj-g".1- -cc[ 2021049069 esmt doc E A R T H T E C H A tqCO INTL`RNATIONAL ALM COMPANY 20050624000626.001 turn Address: ry f Federal Way In �Margaret Clark Box 9718 de al Way, WA 98063-9718 2005062I ORD4000625 00 PRGE00��t OF 0ii 06/246Sag;Y1 t1Ra KING F sc print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW bs.44 F r �- t AA T s v n cu 1me��nt Titles) (or transactions contained therein): (all areas applicable to your document must be filled in) 690 -2. 4. .'erence Number(s) of Documents assigned or released: itional reference #'s on page _T of document 3p t (S) La t name, first name, initials) .r :ional names on page of document. iitee($ (Last name first, then first name and initials) A --� tional names on page of document. .i 1 description (abbreviated: i.e. lot, block, plat or section, township, range) 02104 16XLOT4 N % QF i,I'/ OF N' f]F SF, ! OF NE'. W TA HWA'Y -ional legal is on page of document. ssor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned )4 9004 \uditor/Recorder will rely on the information provided on the form The staff will notread the document to flip acrnn-acv nr mmnleteriess of the indexbie information Provided herein. requesting an emergency nonstandard recording for an additional fee as provided in RCW 3.010. I understand that the recording processing requirements may cover up or otherwise !re some part of the text of the original document. Signature of Requesting Party RECEIVED CITY OF FEDERAL WAY BUILDING DEPT. 20050624000625.002 ORDINANCE NO. 05-490 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL, WAY, WASHINGTON, ADOPTING AMENDMENTS TO THE-CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN, APPROVING A CHANGE IN COMPREHENSIVE PLAN DESIGNATION AND ZONING OFAPPROXIMATELY 46 ACRES LOCATED SOUTH OF SOUTH 330t STREET AND V1'EST OF PACIFIC HIGHWAY SOUTH FROM BUSINESS PARK (BP) TO COMMUNITY BUSINESS (BC) AND MLIILTI-FAMILY (RM 2400), BASED ON SPECIFIC CONDITIONS (AMENDING ORDINANCE NO'S. 90-43, 95-248, 96-270, 98-330, 00-372, 01405, 03- 442, 04-460, 04-461, 04-462). WHEREAS, the Growth Management Act of] 990, as amended, (Chapter 36.70A RCW or "GMA") requires the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a land use map), housing element, capital facilities pLm element, utilities element, and transportation element (including transportation system mapisl); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its compreliensivc plan; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the . Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on 0ecemher 23, 1995, September 14, 2000, Novcinbcr I, 2001, March 27, 2003, and July 20, 2004; and WHEREAS, the City may consider Plan and c'evclopment regulation amendments pursuant to Article !X, Chapter 22 of the Federal Way Cily Code (FWCC); and WHEREAS, under RCW 36.70A.130, the Plan and development regulations are subject to continuing -view. nd evaIuation, but the Plan may be amended no more than onetime per year; and WHEREAS: the Council shall be considering three separate actions to amend thecomprehensive plan, i!l of which will be acted upon simultaneously in orc!cr to comply with RCW 36.70A.130; and WHEREAS, these actions include OrdinanceNo. 05-492, amendments to Chapters, "Housing;' of the Federal Way Comprehensive Plan; and u It05.490, Pnnr•. t 20050624000625.003 WHEREAS; these actions include Ordinance No. 05-491, approving a change in comprehensive plan designation and zoning of 4.03 acres located north of South 312`" Street and east of I` Avenue South from Professional Office (PO) to Neighborhood Business (BN), based on specific conditions as contained in Ordinance No. 05-491; and WHEREAS, these actions include Ordinance No. 05490, approving a change in comprehensive plan designation and zoning of approximately 46 acres located south of South 3360' Sheet and west of Pacific Highway South from Business Park (13P) to Community Business (BC) and Multi -Family (RM 2400). based on specific conditions as contained in Ordinance No. 05-490: and WHEREAS, as a result of this action, approximately 19 acres east of a dividing line would be designated Community Business (BC) and approximately 27 acres west of a dividing line would be designated Multi - Fancily (Rlvl 2400); the dividing line described as a line exteading,southwards from the South 336"' Street right-of-way, said line which follows the eastern `puffer of Wetland No, 2 as shown in the Settlement Agreement and Covenant recorded under Recording No. 970421 1043 to a point approximately 351 feet north of the south property line of Parccl No. 202I04-9004, at which point said line follows the middle of the 1 a i' Place South extended right-of-way to the south property line of Parcel No. 202104-9004; and WHEREAS, in April 1999, the City of Fedcrtl Way accepted a request from four property owners (Campus Ga(eway, Merlino, Chase WN Trust, and Wright) to change the comprehensive plan and zoning of approximately 42 acres located south of South 336"' Street and west of Pacific Highway SOUtllr thereafter known as the Kilts Cotner request; and . WHEREAS, in June 1999, the City Council driermined that iherequestshould be analyzed further and added the Kitts Corner LLC, Nelson, Carson, Jone,�, and Slisco parcels to the Campus Gateway, Merlino, Chase WN Trust, and Wright propeities fora total uj ,16.12 acres; and WHEREAS, in July 2001, the City's SE! ;A Responsible Official issued a Determination of Nonsignificance on the 2001 comprehensive plan :i endments, which included Kitts Corner; and ORi) 4N05.490, Pncta 2 20050624000625.004 WHEREAS; in August 2001, the applicant wi ;h.drew the request for a Multi -Family comprehensive plan designation and RM zoning for the area west of the on -site wetland (Wetland No. 2 as shown in the Settlement Agreement and Covenant recorded under Recording, No. 970421 1043); and WHEREAS, in September 2001, the applicant submitted a new application for a comprehensive plan designation of Multi -Family and zoning of RIA 2400 for the area west of Wetland No. 2; and WHEREAS, in November2001, the City of Federal Way's Land UsOTransportation Committee gave direction that a development agreement and development plan be prepared for Kitts Corner, east of Wetland No. 2; and WHEREAS, in March 2003, per Ordinance No. 03-442, the City of federal Way adopted a comprehcnsiveplan designation and zoning of Multi -Family and RM 2400 for the area west of Wetland No.2. bused on it being included in the overall Kitts Corner deve) opmentagreement and development plan; and WHEREAS, in September 2004, the applicant submitted an application for approval of n development ogreement and development plan for Kitts Corner; ,-d WHEREAS, in March 2005, a SEPA Addeneurn was issued for Kitts Cornet-, and WHEREAS, in March 2005, the City informed the applicant that they were'initiating a legislative comprehensive plan amendment and conditional rc7one; and WHEREAS, the proposed Kitts Corner legiS!-,6ve comprehensive plan amendments anti conditional rezone address all of the goals and requirements set forth in the GMA; and WHEREAS,' the City of Federal Way, thrImglr its staff, Planning Commission, City Council committees, and full City Council has received, disc.issed, and considered the testimony, written comments, acid material from the public, as follows: On September 19, 2001, the City's Planning Commission considered the Kitts Corncrrequest for a comprehensive plan designation of Community Business and zoning or BC, based on a development agrecmcttt for the area ea;.. of Vilctland No. 2; Dr,D BI05-490, Nwr.33 20050624000625.005 2. On November 6 and November20, 2002, the City's Planning Commission considered the Kitts Cont cr request for a cornprehensi ve plan designation of Multi -Family and zoning of RM 24()O for the area west of Wetland No. 2, based on its inclusion in the development agreement and development plan to be prepared for the site; 3. On May 2, 2005, the [.and Use/Trans; ortation Committee of the Federal ",clay City Council considered [lie request to change the comprehensive plan designation and zoning of approximately 46 acres located south of South 336"' Street and west of Pacific Highway South from Business Park (BP) to Community Business (BC) and Multi -Family (RM 2400), with approximately 18 acres located east of the 13"' Place So,,ih extended right-of-way to be designated Community Business (BC) and approximately 28 aci located west of the 13'"place South extended right-of- way to be designated Multi -Family (EM 2400), based on conditions recommended by staff, following which it recommended adopti^n of the staff recommendations; 4. On May 17, 2005, the fufl.City Counci I c msidered the request tochange the comprehensive plan designation and zoning of approximately 46 acres located south of South 336" Street and west of Pacific Highway South from Business Perk (BP) to Community Business (BC) and Multi -Family (RM 2400). At that time based on a ree,uest by the applicant, the Council considered a modified request to allow approximately 19 acr � located east of a line extending southwards from the South 336'"Street right-of-way, said lire.11oxvingtheeasternbuffer olWellandNo. 2asshown in the Settlement Agreement and Covenr.nt recorded underRecording No. 9704211043 to apoint approximately 35l feet north of the soul' property line of Parcel No. 202104-9004, at which point said line follows the middle of the 13i° P!;ice Soutli extended right-of-way to the south property line of Parcel No. 202104-9004tobedesi• natcdCornmunityBusiness(BC)and approximately 27 acres located west of this line to be dcsi ^•,rated Multi -Family (RM 2400); and 5. On June 7, 2005, the full City Council ri,-;,in considered the matter at its meeting; and WHEREAS, the City Council desires to aphr a [lie change in comprehensive plan designation and zoning of approximately 46 acres located south of S . :,:1 3.6"' Street and west of Pacific Highway South from Business Park (BP) to Community Business (BC) am: Multi -Family (RM 2400), based on specific contusions as contained in Section 2 of this ordinance_ Now, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as follows; ORo ,105-490, PAGE 4 20050624000625.006 I i sectini1 1. Findinrs. A. The proposed amendments to the comprehensive plan map, as gel forth in Exhibit A attached hereto, to change the comprehensive plan designation and zoning of Approximately 46 acres located south of south 336't' Street and west of Pacific Highway South from Business Paris (BP) to Community Business (BC) i and Mttlti-Fanvly (RIA 2400), based on conditions of approval set forth in Section 2 below will allow development of the site in response to market conditions and the Council's vision for development of the site, while providing for transportation facilities to serve the site and improving circulation in the vicinity, and .therefore bears a substantial relationship to public health. safety. and welfare; are in the best interest of the residents of the Citv; and are consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Plan. B. The proposed amendments to the comprehensive plan map. as -set forth in Exhibit A attached hereto, are compatible with adjacent land uses and will not negatively affect open space, streams, lakes, or wetlands, or the physical environment in general. They will allow forgrowth and development consistent with the Plan's overall vision and with the Plan's land use element household and job projections, and will allow reasonable use of property subject to constraints necessary to protect environmentally sensitive areas. They therefore bear a substantial relationship to public health, safety, and welfare; are in the best interest of the residents of the City; and are consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Plan. C. The proposed amendments to the 'Zoning Map, set forth in Exhibit B attached hereto, are consistent with the ;applicable provisions ol'lhe comprehensive plan and theeomprehensive plan land use map proposed to be amended in section 3 below, bear a substantial relation to public health, safety, and welfare, and are in the best interest of the residents of the City, 5ecrinn . Conditions of A r va . The request to change the comprehensive plan designation and rr zoning of approximately 46 acres located south of South 336' Street and west ofPacifte Highway South from 1 ORD 405-49n. Pncs 5 t 20050624000625.007 Business Park (BP) to Community Business (BC) and Multi -Family (RM 2400). with approximately 19 acres to be designates! Community Business (BC) and approximately 27 acres to be designated Multi -Family (RM 2400). shall be approved based oil the following conditions: l . Prior to construction of any new buildings, a single Master Plan for the entire Multi - Family (RiM 2400) and Community Business (BC) zoned site shall be submitted to and approved by the City. Application for critical area intrusions as applicable is also required in conjunction with masterplan review. A project action Srnre Environmental Policy. Act (SEPA) review shall also be conducted in conjunction with master plan and critical area review. Subsequent to Master Plan approval, building design and minor modifications to the site plan shall be reviewed via a Process 1I, Site Plan Review. For the purposes of the Master Plan, the subject site is comprised of the following parcels: 202104-9069,202104-9070,202104-9001, 202104-9090, 202104-9090, 202104-9050, 202104-9072, and 202104-9004. 2. The Master Plan shall be developed with a cohesive and integrated design that promotes the following: a. Pedestrian scale, and pedestrian orientation and massing of buildings. b. Site -wide pedestrian connectivity. C. Building massing shall be designed to avoid largeexpanses of parking areas adjacent to atndfor visible from the public right-of-ways. On -site parking shall not be allowed between buildings.and public right-of-ways, except the Director of Community Development Services may approve one double - loaded p,irking row between a building and right-of-way due to extenuating circumstances. d. The appearance of strip commercial development shall be minimized by breaking large linenrbuildings into numerous smaller buildings. e. The commercial portion of the site may include a maximum of two primary anchor buildings. The individual anchor buildings are permitted a maximum 50,000 square feet of building footprint. and the total gross floor area of all anchors shall not exceed 100,000 square feet of gross floor area. Anchor facades shall not exceed a width to depth ratio of 1.5-,1. f. Non -anchor buildings should not exceed 10,000 square feet of building footprint. The Director of Community Development Services may approve a maxiuuun of two, non -anchor buildings in excess of 10,000 square feet of building footprint, up to a maximum of 20,000 square feet of building footprint each, when the applicant demonstrates the following: (i) The additional square footage is necessary to accommodate Ilse needs of a specific tenant. Oko 4105-490. PAGE 6 20050624000626.008 (ii) The facades of the structure include significant structural modulation equal to at least ten percent of the length of the subject fagadc. (ii i) The overall design of the building is consistent with thepedestrian scale and integrated design of the overall site. (iv) Non -anchor facades slcall not exceed a width to depth ratio of 2:1. ! g. Primary commercial building entries shall be clearly visible and recognizable from the public right-of-ways; or active bui [ding facades, including windows and pedestrian scale design amenities such as screening, plazas, or art features such as trellises, artwork, murals, landscaping, or combinations thereof, shall be required fronting the right-of-wny. h. On -street parallel parking is encouraged where feasible. i. A minimum of rive percent of the gross land area of the commercial portion of the site shall be pedestrian -oriented open space. There shall be one primacy pedestrian gathering focal point, and additional supporting pedestrian -oriented gathering locations distributed proportionally throughout the commercial portion of the site. Open space areas and plazas shall include seating, landscaping, art, ornamentation, pedestrian scale lighting, water features, and outdoor dining. j. Vehicular service stations are not permitted. Fuel pump stations are only penuitted when accessory to an anchor tenant. Any approved fuel pump station shall not be oriented to the public right- of-way, and shall not exceed two I'oel islands with a total of up to eight vehicular fueling positions. 3. Development of the site shall include design, construction, and dedication of the 1 following public roadways in accordance with appropriate FWCC street sections: i a. 13'h Place South from South 336" Street to the south property line; -- b. South 340'hStreetfrornPacific llighwaySouthtotheintersectionofl3'hPlaceSouth extended; C. AroadwayconnectingfromSouth336'h Street through tlteresidentialarea, connecting to 13"' Place South extended. These public roadways are necessary to serve the proposed development and shall be constructed as outlined below. Additional conditions (on -site and off -site) intended to rttitigate significant adverse environmental impacts may be required as determined through the SF..PA process and will be applied to any proposed project in the future. a. Prior to occupancy of any residenCal building on the site, South 340"' Street from Pacific Highway South to the intersection of 13'h Place South extended, and -the roadway within theresidendil area connecting to South 336"' Street, shall be constructed to meet all applicable standards. Traffic calming ORD 405.490, PAGE 7 20050624000626.009 devices such as speed humps, speed tables, traffic circles, chicanes, curb extensions, signs, pavement markings, or other cahning devices as approved by the Public Forks Director shall be incorporated within die residential roadway. Signal modifications at Pacific Highway South and South MY" Street intersection maybe required to provide safe access. ; Alternatively, the developer may construct the extension of 13"Place South from South 336'h Street to its intersection with the proposed residential road as a traffic circle. This would eliminate the need for the construction of South 340'h Street from Pacific Higltwny South to the intersection of ITh Place South extended, and the segment of 13"' Place South between South 3400'Stneel and the intersection of the residential roadway (traffic circle). b. Prior to occupancy of any commercial building, 131h Place South from South 336" Sweet to the south property line, and South 340ih Street from Pacific Highway South to the intersection of 13"' Place South extended, shall be constructed to al I applicable standards. A new traffic signal (South 336h Street & 1 3'" Place South) andlor signal modifications (Pacific ! f i jhway South & South 34le Street) maybe requircd as determined through the SEPA process. 4. All new public streets shall include traffic calming features. 5. Uscsother than muld-unithousineanddaycarefacilities thatareotherwisepermitted in the RM zone arc not allowed. 6. The multi -Gamily portion of the sic, west.of Wetland No. 2, shall be accessed from one location along South 336"' Street and shall include a pul:lic roadway connecting through the residential area, across the existing berm of Wetland No. 2, and connecting to 13'h Place South extended. i 7. No more than one anchor building, or a maximum of 75,000 square feet of commercial building area, may receive a Certificate of Occupancy do the site without the prior construction of a rninimum of 75 residential units. S. The residential area shall be dcs;fined to minimize reception ofpotential noise impacts from ad,incem nonresidential uses. Section 3. Cum re;ensive Plan Amcndm�n(s ,'_'n�tiotE. The 1995 Ch.) oj' Federal Way Comprehensive Plan, as thereafter amended in 1999. 20X, 2C01, 2003, and 2004, copies of which are on file with the Office of the City Clerk, hereby are and shall be amended as set forth in Exhibit A attached hereto. Section 4. Amendmcr.t A_rtht d . The adoption of Plan amendments in Section 3 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to FWCC Section 22-54) , Oao kpi-W. PAGE S 20060624000626.010 '• invalidityof any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 6, Lavin s Clause, The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, and 2004 Shall remain in force and effect until'the amendments thereto become operative upon the effective date of this ordinance. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ' I Section 8. Effective Date. This ordinance shall take effect and be in force five (5) days from and after I its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 7th day of ` June .2005. t CITY or Fvr LM WAY Mayor, Dean McColgan ATI City Clerk. N. Christine Green, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: 5/ 31 / 2005 PASSED BY THE CITY COUNCIL: 6 / 7 / 2005 PUBLISHED: 6 / 11 / 200 s EFFECTIVF. DATE: 6/ 16/ 2005 ORDMANCENo: 05-490 t IA2004 Compicbmsivc PIan0004 Update\City Councitl2od Reading or ordinai,cewitts Comer Adoption Ordinanee.dod5/31/2005 3:31 PM ORD# 05-490 PAGL9 20050624000625.011 TO ADOPTION [ORDINANCE a 20050624000625.012 Vj - _ L fa cav 9 , � � L A $ N 0 v rn c b O t' �Ew J�jlUi�ln Nn .(D al� U 0 U�w _�� U N o o N N _ O g cW�pQ>q •��0 .� rs En UN Y 0 � amyu �� cCvC -1 a m I 20050624000625.013 EXHIBIT TO ►ADOPTION O"'IMINANCE 20050624000626.014 m yilb L. . a v � � j lL y C c m a C m t NN W .c H .yam C O N �}r t U. O 2 � m o ro$ Qo dey�dl!u!�tA N O C2 V E a aoU�oUm $LL �a �+� U c v `yboa,U o� c m r.+ CI Q m x h C E U U N to Y J p {w+ v� A 7 � d fir ti ` � �' � \ ;�, '�''•L(�Ji�� 4�:C'7l� i�' S; ��i � tr �1; d� T: � r • ij��f t �. d g �yAG � • r �y r"tl.' � � F�� •k I 11 ! �:'��1! m � ie •�( � Ei o � ,y! � � `i�'"�.i- •"•---••y I ..�. • �fi'+r%iL� Ad40 ra M • 1 F � �� 111 � Pxmn I IL Mejtj Bar m o _ m _ Od CL g a� H Z 6 i.;,.• .sn +� ��„�� a. � C � I �—._...._� �r f � � m m'c 9$ aISO m�d�9�o :V L,t �yiy L4•;�1 �. _ SL _'.r>>'`�Et6`•'rF.rr: T%i �i y S 3 0 o oe az� d 2 E- ;ltefttrn ;�#ddre55: iynn:Q. Hui�t i Mentgbrnery, Pt#rdue,. Blankinship & Austin, 1 i':L.L,C. 5800 Columbia Center 7414if h, Avenue l s�attl ;'Wf� 9$104�-749.� 200s0919000872 ,..,., HURsr MrLno as . ee ti~ RAG6001 OF 005 KING�CO NTY , UAL Mginorand'n•'. r Agreement Reference Number(s) of related docu'rnatt(0.- ;'/A. Grantor Kitts Corner Development, LLC. Grant: e: Federal Way Village LLC Legal De$crip'tion (abbreviated): A Portion of : )ection 20, Tovmship 2I' North, Range 4 East, W. M., ini King County, Washington. FuI] ]egal(i) onpagelexhibit A. .AsseOor's .Tax Pardib Numbers: 20210490(-.-); 2021049070; 2021049601:;' 202-1449472; -: 202I 449064 MjEMQPLAN-DU1►Z OF ArREFMENT J PURCHASE REAL PROPERTY 1. Purpose of Memoranduni..' This M&A&ardutn is recorded in order to give actual and constructive notide':to aIF other persons aF th - existence of the agreement ("Agreement") to purchase, on certain terms and c6nditions, ceir;am Teal property located in the County of King, State of Washington between the parties hde, �. 2. Parties, The parties to the Agrcemeat are; 2.1. Kitts Corner Development, LLq- and 2.2, Federal Way Village LLC whicii ir::y contacted #hrough., Jon 'Potter, 3611 29th Avenue West, Seattle, WA 98199. 3. Real Property. The real property affectet ie: Agreeme& is-L.leg•113+ described ,on the attached E.diibit A to this Memorandum. 4. All Terms NO Contained in this Memo rant .lm. All of ttie tens gf the 4,greement are not .... contained in this Mernorandu:n and any pers• n who is potentially, i detested in ihe:`a€fected real property should make further inquiry of: � parties hereto. This Memorandum does tat constitute an amendment or riodi[ication of tl, Agreement. A�fC,i O,i IM07 {' CITY OF FEDERAL. W4Y BUILOING DEAF. Kitts er D ellop ent, LLC ......... .. ;Lithorized representative STAT �WASHIN.GTON SS. -"OUNTY OIF KING I certify that I know or have satisfhctory.evidObV'e that C��Wthe person who appeared before me, and said pcirsoti ackn6wledged that hr,%signs 1 this instrument, on bath stated that he was authorized to execute the ibstnunentgnd ao6ovdledg,e-,! it -as thialft[thorized V'Vftentative of Kitts Comer ')tvclopmentLC tope the .- free and volt'intary aq.:' . 6 f F i c h party fq the usj6&pd purposes stated therein. 6 Dated -It- ------- r .AN z" C . ............ N6-r cf. M. tic & -C. ASHIO (6.e dils:spice fbT-notarial. Name, NOTARY PUBLIC, StZO My app o i n tment e4i0s ti 2 PXF! SIT A Legal Dincriptions Parcel - rH-ATPokTION OF THE NORTHEAST QU. 'TER OF THE NORTHEAST QUARTER OF ,-E0T101420TOWNSHIP 21NOkT'H, RA( WM.,IN KING COUNTY, -VASHINOTON, DEkRiBEDA:5'FOLLQW`:� THE SOUTH MARGIN OF SOUTH 336 TH OMMENCINO'AT VIE INTER -SECTION ( STREET WITH THE.;WEST MARGIN OF PA ' �-..--ICOIGHWAY S.0!yTH, AS CONVEYED BY DEED RECORDED :UNDER. RbCO ' 1778234- '�-HENCE SOUTH lol273"WEST..'ALONGS. -) WEST ;iAkGiN - 123.60 FEET TO THE -'-)UTH LINE OF THE NORnl 265.60 FEET FS'X�D SJJBDNI�XON; HENCE NORTH 88044'55 - WEST ALONG`- AJD' S6&- m.' LN9-123.60 FEET TO THE 'EST LINE OF THE EAST 262.40 FEET 0",- JENCE NORTH 10 1223 "EAST ALONG S,' WEST i iE 223--io P.PF-T 0 TH$'SAiD DUT14 MARGIN OF SOUTH 336TH STREE I HENCE SOUTH 88044'55"EAST 223.60 FE�,. f Tdi4 P0'N.T`oFbtGlN1NiNlql XCEPT THAT PORTION CONVEYED TO, CITY d� F*DER.4,kL- WAVaY DEEDS 1-:COKDED..UNDER RECORDING NUMBF"! 999081600005 199908,000'191-§ AND -020027001076..' rcel 2 QvA'R-ii-N. OF THE:NO' IF- N, R ri-m�.ew J A RTE- R 0 F. S E CT TON 0 F 0',% N, H W--'..2 I OUNTY, WASHINGTQN, '<CE- PT T1 I E WEST300.00 F E- ET THEREC 4 D EXCEPT THE NORTH42 FEET THER :"CORDED UNDER RECORDING N6.741 GETHER WITH THE NORTH HALF'OF -. 'RTHFAST QUARTER OF SECTION 20,' .M., IN 1, INNG COUNTY, WAS I I INGTON. I CEPT T14E NORTH 42 FEET THEREOF C WEST QUARTER OF THE NORTHEAST .,7K RANGE 4 EAST, W.M., IN KING 11V6,-F-XCEPT THAT PORTION LYING Wil- -ERLYOFPRIMARY STATE HIGHWAY '0. ,� -i--("P,�CJFIC HIGHWAY SOUTH) AS C 'EYED BY DEEDS RECORDED UNDER ,EQ0RDRs'0 NOS. 1778234 AND 3715474-1 ,ID EXCEPT' THE 11AST 223.6- FEET OF 1, - -PORTION OF THE SOUTH 223.6 FEET OF HE NO �T--li 265.;6-fEET. QF. THE EAST 3 P, I '-ET OF THE NORTH HALF OF THE 'OlkThEAST QUARTER .OFSE,CT-iON,2Q,.-j ;WNSHIP 21 NORTK RANGE EAST, W.M., LYiNG"WESTERI-Y Of PRIMAR.Y ST�TE —�HWAY NO. i (PACIFIC HIGHWAY 0- 0�) AS 6p-,4;�EYEI)r . BY DE E-b'R'EpQ EQ:UNDER RECORDING NO. 1778234, SAID -'EXCEPTED'!`PAkCEL ALSO BEEN, KNOWN AS AN UNIDENTIFIED LOT IN KC ?LA 881000, RECORIjED LENDER KING ( UTY RECORDING NO. 8812200807). LSO E`=PTTHAT PORTION, CONVE) T 0-TUE CITY OffEDERAL WAY BY ,EED RECORDED ii. Wilt R-tCQR`DlKG 26026426001701' MD P..',ZC!:L IS ALSO KNOWN M LOT OF FEDERAL WAY BOUNDARY WE ADJUSTMENT NO. BLit C 0-105 8 1 . 8-0 0-SU, kkCQ - UMER RECORDING 0. 20010 802900007, IN KING COUINTTY-, -SH. arcet 3 -IAT PORTiON OF THE NORTH HALF Or T- -' SOUTH HALF'OF-tHE-NQATI�EAST -E NORTHEAST QUARTi OART. -'R 0 17 THE i F SECTION 2G,T0WNH.IP2.1 NORM ANGE 4 EAST,.VILLAMETTE MERIDIX- KING COUNTY,"' GTON, ESC-.R19-FD AS'FOCEbW,$: '0INN AT T14E 4,(ORTHEAST CORN F SAID SECTION 20 AND RUNNING k IENqE.,SOUTH 06-37.'."30"-:"EAS'V-ALONG'-t ASTERLY LINE THEREOF A DISTANCE 7 657.37 FEET TO THE NORTI-I EAST -.COI,. P, OF SAID SUBDIVISION; IENCE SOUtil 89o26,143"- WEST ALONG,` ESTErLY vAkGrN-0F s-r.-�tF miO4w..- 7. 99).. '4,71M TRUE 001.-d-T.()F BE GPL ' TENCF CONTINUING SOUTH, $9026'43" IE NOi"ijAWEST CORNER OF SAID SUL , r ENCE -)LJTH 00"293.LONG EAST G I iTAINGE OF 326.546 FEET TO TIHE SOUT 'ENCE NORTH 89' '2 T02" EAST ALONO T BDr\"�10.\IADISTAN�CEOF,'-z"13.70FE' "I I ENCF NORTH 00037'30" WEST PARALL �) BVID!Slr)NA DISTANCE OF 108.68 FEE .E NORTHERLY LINE THEREOF TO THE I- , ...(ALSO KNOWN AS U.S. FUGHWAY F ITT TRACT HEREIN DESCRIBED; AL-014d SD-NORTHERLY LINE TO -7$TE]jd.Y tINF 'THEREOF A 'T. CORNER -b THEX]LX-,--LlNE OF AID,.-t s 0%1D EASTEFJJ 14NEjpf. 5AID 'i`HENCE NORTH 39027'02" EAST PARAI '.EL TO SAID SOUTHERLY LINE OF SAID SU6I3IVISION TO THE WESTERLY MAI 'IN OF SAID STATE HIGHWAY NO. 1; THENCE NOI:M.ERLY ALONG SAID WT T ERLY MARGIN TO THE TRUE POINT OF 3EGINNTNC#' P�rcef =i � �.. THAT PORTION QF THE SOUTH HALF;( - THE SOUTH HALF OF THE NORTHEAST' QUARTER O THE NE]RTI- EAST QUAR- R 0` 7 SECTION 20, TOWNSHIP 21 NORTH, .ANG. - •a FEAST, WIL'LA k—TT; : MERIDr M KING COUNTY, WASHINGTON, LYING WEST OF THE SEA-TACOMA AYAS.WIDENEaBY DEED RECORDED ')EPTENIBER 11, 1947"UNDEIR Rk_'OItDr N'O. 3722062; =XCEt -I- ROADS AND EXCEPT THE FOI. WING PORTION"-" 3EGiNNPvG AT A POINT ON TI I .:WESt 0 DAR'Yf QE TI E SEAITTLE T'ACOMA IIGFrVAY AS IT EXISTED ON r1PRII, 27 ., s C, 34 FEE- NOkI' TESTERLY OFA-POINT VHERE -IM WEST BOUNDARY OF SAI ''IC f iWAY ANT,ERSE S THE=,50UT-H LINE )F THE ItiOkTHEAST QUARTER OF TFP �7F --IiI AST QUARTER PF SEICTidN 2-0, 'O WN S I I P 21 NORTH, RANGE 4EAST, ' J. 4fE;ITE MERIDIAN, IN KING COUNTY, -...; ASH 'GTON; ., {Ehlt kIST PARALLEL WITH THE S TIi LINE OF TIIE NQgiHEAS'i' QUARTER ; F TH.I= NORTHEAST QUARTER OF SAIF ECTION 20, A IMSTANCE 0i20t kET; I IEN'('' !' NORTH 00010'12" 'AST TO THE ;RTH HE LINE OF T�Q�"i'1� HALF OF THE JU& k'�r1LF . 7F,THE NORTHEAST QUA. _.-ER OF THE NORTHEAST; U�IRTER OF 1\I6SECT'iQN20; -IF NC E EA'STALONG SAID NORTH LIT' TO THE WEST BOUNDARY OF THE .AT_; .E.4A�OMA HENCE SOIhHH V SS ERLY ALONG TH VE".T LINE OF SEATTLE-TACOMA IGHWAY TQTHE"POINCiOF BEGINND, -cel 5 C N(- R "; }I HALF OF THE _INQRTHI HALF "I ! ?E NQRT -HALF OF THE SOUTHEAST JARTER OF THE NORTHEAST QUARTF_ ' -OF SECtION.20, TO" SHP 21 NORTH, NGF 4 EAST, W.M., LYII`TG VVEST-:.OF S" ," 'F ! IIGI-IV AY;(PA&IC`HIGHWAY UTI-' ), IN KING COUNTY, WASHINOTC f' ti.Rf. r�