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04-104524CITY OF . Federal Way March 10, 2005 David Clark David A Clark Architects 11737 256th Place Kent, WA 98030 FILE CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com RE: Permit #04-104524-000-00-UP; FEDERAL WAY POLICE EVIDENCE BUILDING 600 South 333rd Street, Federal Way Dear Mr. Clark: The City has completed the administrative review of the above -referenced proposal to construct a 5,746 square -foot police evidence building at the above -referenced site. Pursuant to Federal Way City Code (FWCC) Chapter 22, Article V, "Site Plan Review Process II," the application is hereby conditionally approved based on the enclosed Findings of Fact and Conclusions, enclosed approved exhibits, and conditions noted below. Please refer to the Findings of Fact and Conclusions for additional code based requirements related to the approved landscaping plan. CONDITIONS OF SITE PLAN APPROVAL Applicant shall install climbing vines or similar vegetation on the trellis shown on the approved site plan. PROCEDURAL INFORMATION The effective date of the decision is March 10, 2005. The decision may be appealed in the form of a letter delivered to the Department of Community Development Services (33325 8d' Avenue South, PO Box 9718, Federal Way, WA 98063-9718) on or before March 24, 2005, by any person who submitted comments or received a copy of this decision. Because no comments were received on this application, the applicant may waive the appeal period, in which case the decision will be considered effective immediately. The City must receive the waiver in writing. Unless modified, this site plan approval is valid for one year from the effective date of this decision. If no further action is taken within one year, the decision will expire. A one-time one -month extension may be granted only if a written request is submitted to the City's Department of Community Development Services at least 30 days prior to the expiration of the decision. 7" 1;q ?v1r. Cl4k March 10, 2005 Page 2 This decision does not constitute engineering or building plan approval and does not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. If you have any questions, please call Isaac Conlen, Associate Planner, at 253-835-2643. Sincerely, Kathy McClung, Director { Department of Community Development Services enc: Findings of Fact & Conclusions Approved Site Plan Approved Landscape Plan Elevations c: Isaac Conlen, Associate Planner Raid Tirhi, Senior Traffic Engineer Kevin Peterson, Engineering Plans Reviewer Scott Sproul, Acting Assistant Building Official Greg Brozek, Federal Way Fire Department 04-I04524 Doc. I.D. 30309 FILE 41k CITY OF Federal Way EXHIBIT A FINDINGS FOR PROJECT APPROVAL FEDERAL WAY POLICE EVIDENCE BUILDING APPLICATION #04-104524-00-UP BACKGROUND The applicant proposes construction of a 5,746 square -foot building for the storage and processing of police evidence. Landscaping and additional site improvements are proposed. 1. The subject property is zoned Office Park (OP). A government facility is a permitted use in the OP zone. 2. The proposed building location satisfies 25-foot front and 20-foot side and rear yard setbacks. No maximum lot coverage is established for this use. The building is within the permitted height limit of 3 0 feet. The subject property is located within a wellhead protection area, capture zone 1. The applicant has submitted a completed Hazardous Materials Inventory Checklist, which shows that the facility will not utilize or store hazardous materials in a quantity that triggers regulation pursuant to Federal Way City Code (FWCC) 22-1370-1375.1. 4. A determination of nonsignificance for the evidence building and associated parking lot was issued February 7, 2004. Further environmental review is not required. The Final Staff Evaluation for Environmental Checklist, File No. 03-105571-00-SE, is hereby incorporated by reference as though set forth in full. 5. Pursuant to FWCC Section 22-833, the parking requirements for the identified uses are determined on a case -by -case basis. 177 stalls have been or will be created as part of a two-phase parking lot project directly east of the proposed building location. No additional parking is required for this use. 6. All site development related issues have been reviewed and permitted under separate approval 04- 100904-00-EN for construction of the associated City Hall parking lot. FWCC Section 22-1566(h) requires 10 feet of Type III perimeter landscaping along the south property line abutting 333`d Street and along the north property line abutting the BPA trail. Five feet of Type III perimeter landscaping is required along the east and west property lines. Internal parking lot landscaping is required. A landscaping plan has been approved as a component of land use approval for the associated City Hall parking lot project (04-100035-00-UP). Applicant proposes to amend the approved landscaping plan to install Type I landscaping along the west property line and a portion of the south property line. The purpose of the amendment is to address community design guidelines. The amended landscaping plan prepared by Lauchlin Bethune, Associates and stamped, resubmitted March 8, 2005, is hereby approved (note additional plantings are required per items 8 and 9(c) below). 8. The original landscape plan showed retention of four significant trees. Three of these appear to have been removed. Pursuant to FWCC Section 22-1568(5)(b) applicant shall plant three additional trees, meeting the size requirement for significant replacement trees, on site. If evergreen, trees shall be a minimum of 10 feet tall. If deciduous, trees shall have a minimum caliper of three inches. 9. Site and architectural design is consistent with FWCC Article XIX, Community Design Guidelines, based on provisions of the following key design elements: a) FWCC Section 22-1634, "Site Design." The main entry to Building A faces and is visible from South 333`d Street and allows for pedestrian access and visibility. Pedestrian access between the building and South 333`d Street is provided via a paved pedestrian pathway, which connects to the City Hall crosswalk on South 333`d Street, enters the parking lot and turns west to the evidence building. The pedestrian pathway is separated from the vehicular driveways and parking area and utilizes concrete to contrast with the asphalt parking lot. b) Site layout has been reviewed and approved under permit 04-100035. The site layout and design has been found to be consistent with the provisions of FWCC Section 22-1634. c) The east and west facades of the proposed building are subject to the provisions of FWCC Section 22-1635(b) for building fagade modulation. West Elevation Applicant proposes to satisfy this requirement on the west fagade by incorporating a two -foot by six-foot modulation in the west building wall. FWCC Section 22-1635(b), states that facades solidly screened by Type I landscaping may use building modulation as the only option. The applicant proposes to install Type I landscaping along the west and a portion of the south property lines to satisfy this provision. The heavy landscaping at the southwest corner of the lot will serve to minimize visibility of the fagade from South 333`d Street. Additionally, the applicant proposes to install a six-foot tall trellis along the north 55 feet of the west building elevation to provide further screening and architectural detailing. Because the building is at a higher elevation with respect to the Type I landscaping on the north end of the west elevation, the trellis will serve to supplement Type I landscaping in this location. Landscaping along the west property line shall be supplemented to meet the intent of Type I, per FWCC Section 22-1565(a). The plan shows one row of closely spaced trees. Type I consists of two rows of trees, similar to the buffer shown along the north property line. East Fagade Applicant proposes to satisfy the requirements along the east fagade by again incorporating a two -foot by six-foot modulation in the east building wall. The applicant proposes a small pedestrian plaza at the southeast corner of the building as a second required option to satisfy FWCC Section 22-1635(b). The plaza is approximately 420 square feet in size. The applicant also proposes to install landscaping along the east elevation. The landscaping is located in an eight -foot strip along the base of the east elevation except in the location of doors. Findings for Project Approval #04-104524-00-UP / M . I.D.30511 Federal Way Police Evidence Building Page 2 d) The proposed structure provides building articulation and scale on elevations visible from right- of-ways, pursuant to FWCC Section 22-1635(c). The south building fagade incorporates modulation, setbacks, eave, windows with trim, overhangs, and a varied roofline. This fagade also includes a small front patio. The east and west facades includes variation in color. The north elevation, visible from the BPA trail will be screened with a vegetated trellis. 10. Pursuant to FWCC Section 22-354 and the foregoing findings, the proposal is found to be consistent with the Federal Way Comprehensive Plan, all applicable provisions of the FWCC; and with the public health, safety, and welfare. CONCLUSIONS The proposal has been reviewed for compliance with the FWCC and FWCP, and other applicable City codes, plans, policies, and regulations. The proposal has been found to meet the decisional criteria of FWCC Article V, Process II Project Approval, provided all conditions of project approval are met. Based on the findings and conclusions of this review, project approval is recommended. This decision shall not waive compliance with future City of Federal Way codes, policies, or standards relating to this decision. Prepared by: Isaac Conlen, Associate Planner Date: March 10, 2005 Findings for Project Approval #04-104524-00-UP / Doe.I.nso5ii Federal Way Police Evidence Building Page 3 FILE AV CITY OF Federal Way MODIFIED LAND USE DECISION Subject: Federal Way Police Evidence Building, City File No. 04-104524-UP Process II Decision - Issued March 10, 2005 The Director of Community Development Services hereby issues the following minor modification to the above -referenced decision, pursuant to Federal Way City Code (FWCC) Section 22-411(b), Exception, subsequent modification. Modifications to the affected findings and condition are highlighted below as strikeout and underlined text. Except as noted below, the balance of the initial decision is not modified and continues to apply, including findings, conditions, decision date, and appeal deadline, and no further appeal period applies to this modification. MODIFIED FINDINGS 9. d. The proposed structure provides building articulation and scale on elevations visible from right- of-ways, pursuant to FWCC Section 22-1635(c). The south building fagade incorporates modulation, setbacks, eave, windows with trim, overhangs, and a varied roofline. This fagade also includes a small front patio. The east and west facades includes variation in color. The a . MODIFIED CONDITION appreved site plan. Date By: Kathy cClung Directobf of Community ralopment Services 04-104524 Doc LD.32993 h .-+ OOMMUNRY DEVELOPMENT D EPARTM E N T MAR Y� T! 200-5 March 16, 2005 Mr. Isaac Conlen Associate planner CITY OF FEDERAL WAY 33325 8th Ave. So. Federal Way, WA 98063-9718 Re: Federal Way Evidence Building 600 South 333' Street 00 Dear Mr. Conlen, 09 m Per your request on your email dated March 10, 2005, I am writing to request the N appeal period be waived in order to receive the building permitfor the Evidence Building. Any issues that still need to be addressed as noted in your email, will be corrected as needed. If you need additional information or clarification, please contact me at my office 253 813-8877. Sincerely, Sheryl Stacy Project Designer A Washington Professional Limited Liability Company Licensed and Registered Architects in Arizona, California, Colorado, Hawaii, Texas, and Washington February 4, 2005 Mr. Isaac Conlen Associate planner CITY OF FEDERAL WAY 33325 8`J' Ave. So. Federal Way, WA 98063-9718 Re: Federal Way Evidence Building 600 South 333`d Street, Permit No. 04-104524-000-00-UP Dear Mr. Conlen, FEB 0 I have received your request for additional information regarding the above referenced project. The numbered responses below correspond to your original letter of December 9, 2004, shown in italics. 1. It appears the West and East facades are subject to the above -mentioned design guidelines for faVade modulation. Based on the submitted elevations, both the West and East Facades are modulated, per the first bullet point above. Neither elevation, however, appears to incorporate a second option as noted above. A second option (landscaping, canoy or pedestrian plaza) must be incorporated into these facades, except as noted below. FWCC Section 22-1635 (b) states that facades that are solidly screened by Type I landscaping may use modulation as the sole option under this section. If Type I landscaping is installed along the West property line and the portion of the South property line that screens this fagade, a second element will not be required along the west building elevation. Current landscaping plans show a Type III landscaping installation along the West and South property lines. Type III landscaping has been substitued by Type I landscaping at both the West and South facades as noted on revised sheet L 1.1. For the East fagade it is intended to use landscape screening & modulation to meet the code. We have added 8' wide landscaping across the East fagade by moving the building two feet to the West and gaining the remaining six feet from the parking lot. However, due to CPTED concerns, type I landscaping can not be proposed. 2. FWCC Section 22-1635 (c) states that building facades visible from rights -of -way should incorporate methods to articulate blank walls. A list of examples is included. The application states that accent colors will be utilized in the modulated sections along the East and West facades. The north elevation is visible from the BPA trail, which is a public right-of-way. Some type of articulation, projection, color variation, or similar aesthetic element along this elevation would be appropriate to address this code section. A Washington Professional Limited Liability Company Licensed and Registered Architects in Arizona, California, Colorado, Hawaii, Texas, and Washington Mr. Isaac Conlen, City of Federal Way February 4, 2005 Re: Permit No. 04-104524-000-00-UP Page 2 Per our discussion on January 26, 2004, it was agreed upon that we would add a trellis along the North face of the building, if indeed the building fagade can be seen from the BPA trail. 3. FWCC Section 22-1634 (d) (1-3) address pedestrian connectivity. The site plan shows a connection from the parking lot but not directly to the right-of-way. We would suggest a paved pathway (non -asphalt) from the sidewalk to the building entry be installed. This will provide direct pedestrian access for traffic between City Hall and the Evidence Building and help identify the entryway. The pathway running West to East connects with a pathway running North to South which leads directly to the pedestrian crosswalk leading to the City Hall. See attached 8.5 x 11 sheet. 4. Please submit a corrected site plan and floor plan (three copies) showing the modifications made in the area of the Southeast corner of the building. The corrected site plan & latest floor plan are attached as requested. I trust this information is adequate to address your plan review comments. If you need additional information or clarification, please contact me at my office 253 813-8877. Sincerely, de"e( Sheryl Stacy Project Designer DAVID A. CLARK ARCHITECTS, PLLC z Ni %tll 1 I cz r :i I ALL FILL IN THIS AREA SHALL BE 000 �` FILLED WITH STRUCTURAL FILL 95% Dzm� I , ' COMPACTED, IN 6 LIFTS. ZOD 1 � l oom m cn < < � (NDO CA �mCo + � gin W mmmm C. -j m rr U) COZ N [ Jr �--I rr O�,C U)<rr � cz ��� 7,4 ! O c(m A c CA o m -u 2' DCn zco < (n Z'00 0 m^C) C) 5 n n < m m c-LA oP ZbD CA 00 m 1 m x lm m 0 V e 9 z 41k CITY Federalo. Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8`h Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-2607; Fax 253-835-2609 www okyoffederalway corn i E_G V f `11J HAZARDOUS MATERIALS INVENTORY STATEMENT CRITICAL AQUIFER RECHARGE AND WELLHEAD PROTECTION AREAS I. WHY SHOULD THIS INVENTORY STATEMENT BE FILLED OUT? Critical Aquifer Recharge (CARAs) and Wellhead Protection Areas (WHPAs) are considered "critical areas" pursuant to Federal Way City Code (FWCC), Chapter 18, "Environmental Protection." This inventory statement must be filled out by the applicant or agent for any proposed activity listed in Section H of this handout, and which are located within Wellhead Capture Zones 1, 5, and 10 as shown on the Critical Aquifer Recharge and Wellhead Protection Areas Maps. Please refer to the handout on Critical Aquifer Recharge and Wellhead Protection Areas for a description of the review process. H. ACTIVITIES GOVERNED BY CARA AND WHPA REGULATIONS The inventory statement must be filled out for the following activities: ■ Construction of any residential structure, including single-family development • Construction of any barn or other agricultural structure ■ Construction of any office, school, commercial, recreational, service, or storage building • Construction of a parking lot of any size • Other minor new construction (see WAC 197-11-800[2]) • Additions or modifications to or replacement of any building or facility (does not include tenant improvements) ■ Demolition of any structure ■ Any landfill or excavation • Installation of underground tanks • Any division of land, including short plats + Change of use, which involves repair, remodeling, and maintenance activities ■ Dredging • Reconstruction/maintenance of groins and similar shoreline protection structures • Replacement of utility cables that must be buried under the surface of the bedlands ■ Repair/rebuilding of major dams, dikes, and reservoirs • Installation or construction of any utility, except for on -going operation and maintenance activities of public wells by public water providers • Personal wireless service facilities Project Name �1�. P1!]C'.P1oilpplicant Project Location %1� Tracking No. Cep sv 33 st. M. TYPES AND QUANTITIES OF HAZARDOUS MATERIALS Please provide the approximate quantity of the types of hazardous materials or deleterious substances that will be stored, handled, treated, used, produced, recycled, or disposed of in connection with the proposed activity. If no hazardous materials will be involved, please proceed to Section IV. MATERIAL LIQUID (gallons) SOLID (pounds) (1) Acid or basic solutions or solids (2) Antifreeze or coolants (3) Bleaches, peroxides, detergents, surfactants, disinfectants, bactericides, algaecides (4) Brake, transmission, hydraulic fluids (5) Brine solutions (6) Corrosion or rust prevention solutions (7) Cutting fluids (8) Deicing materials (9) Dry cleaning or cleaning solvents (10) Electroplating or metal finishing solutions (11) Engraving or etching solutions (12) Explosives (13) Fertilizers (14) Food or animal processing wastes (15) Formaldehyde (16) Fuels, additives, oils, greases (17) Glues, adhesives, or resins (18) Inks, printing, or photocopying chemicals (19) Laboratory chemicals, reagents or standards (20) Medical, hospital, pharmaceutical, dental, or veterinary fluids or wastes (21) Metals (hazardous e.g. arsenic, copper, chromium, lead, mercury, silver, etc.) (22) Paints, pigments, dyes, stains, varnish, sealers. (23) Pesticides, herbicides or poisons (24) Plastic resins, plasticizers, or catalysts (25) Photo development chemicals (26) Radioactive sources (27) Refrigerants, cooling water (contact) (28) Sludges, still bottoms (29) Solvents, thinners, paint removers or strippers (30) Tanning (leather) chemicals (31) Transformer, capacitor oils/fluids, PCB's (32) Waste oil (33) Wood preservatives (34) List OTHER hazardous materials or deleterious substances on a se arate sheet. Bulletin #056 — November 24, 2004 Page 2 of 3 k:\Handouts\Hazardous Materials Inventory Statement Project Name 559A(- {W" ao �pplicant ��AVi!] �'• �L'' l' �r' � r Project Location (0CSU 3 3 - u � t,J j � � Tracking No. IV. FURTHER INFORMATION Provide the approximate quantity of fill and source of fill to be imported to the site. Approximate Quantity of Imported Fill Source of Fill Check box # 1 if you do not plan to store, handle, treat, use, produce, recycle, or dispose of any of the types and quantities of hazardous material or deleterious substance listed in Section HI. Check box(s) #2 through #5 (and fill in appropriate blanks) of the below table if they apply to your facility or activity. #1 [i�]r The proposed development will not store, handle, treat, use, produce, recycle, or dispose of any of the types and quantities of hazardous materials or deleterious substances listed above. #2 [ ] Above ground storage tanks, having a capacity of gallons will be installed. #3 [ ] Construction vehicles will be refueled on site. Storage within wholesale and retail facilities of hazardous materials, or other deleterious #4 [ ] substances, will be for sale in original containers with a capacity of _ gallons liquid or mounds solid. The presence of chemical substances on this parcel is/will be for "temporary" non -routine #5 [ ] maintenance or repair of the facility (such as paints and paint thinners) and are in individual containers with a capacity of _ gallons liquid or mounds solid. Check any of the following items that currently exist or are proposed in connection with the development of the site. #1 [ ] Stortnwater infiltration system (e.g., french drain, dry well, stormwater swale, etc.) 42 [ ] Hydraulic lifts or elevator, chemical systems, or other machinery that uses hazardous materials #3 [ ] Cathodic protection wells #4 [ ] Water wells, monitoring wells, resource protection wells, piezometers #5 [ ] Leak detection devices, training for employees for use of hazardous materials, self-contained machinery, etc. SIGNA -o SF Date Print Name Ifyou have any questions about filling out this application form, please call the Department of Community Development Services at 253-835-2607. Please be advised that an application for a development permit lacking the required information will not be accepted Bulletin #056 — November 24, 2004 Page 3 of 3 k:\Handouts\Iazardous Materials Inventory Statement From: Dennis Elsasser To: Stephan Neal Date: 1/25/2005 4:09:44 PM Subject: Quantities of Hazardous materials, storage needs Commander Neal, I have reviewed the list of Hazardous Materials, for potential storage needs. We do not store any of the listed materials in quantities above 15ml and 30ml bottles. The hazardous materials and deleterious substances are submitted as trace amounts for laboratory analysis. If the substance is a potential hazard, a small amount is placed in a sample bottle. The sample bottle is placed in a small paint can filled with kitty litter. These cans are stored through out the evidence vault. The property evidence unit does not accept any of the items on this list, at a measurable quantity. Their may be a need for this type of storage. I understand the patrol section handles the flammable storage and fireworks lockers located on the east side building C. Dennis Elsasser, Property Evidence Custodian Federal Way Police Cell 253-261-4873 Office 253-835-6790 Dennis. Elsasser@fedway.org CC: Cary Murphy; John Everly; Johnny Hernandez Jan 31 05 11:49a Dav-1 R. Clark w N 1 WATER • 11 -i-j-)' H � b v mz o� r r ' N A v � n 253-1954-7898 1 L Tw Lp a z m 9 p. Z Jan 31 05 11:42a Da- 1 A. Clark 253854-7898 p. 1 DAVID A. CLARK ARCHITECTS, PLLC a fax o 2005 w To: 7Str'3o1('i CerVe,-+ x Fax: ZS3^ 83_S-- e, 0-1 U RE: �Gi/ ,Evlcd-�ir)G� ;;e%7G�, From: Sheryl Stacy, Designer Cl U sstacvfa cIarkarchitec1S.com 2 pages total (incl. cover sheet) ON 00 �n ,-5�r a a Cr — o0 N 00 a 7LA IIS Ce'lpaz f ( 7r '> v- rn-�-e—d w `9a�i-1 00 �f '�rzvs /y ��n�sc icy (-excc�Pt t-7' O 00 t d �r2�'7` c� f Cz'r i2v �` 7`} rein 5L%e� H Z /6 = 74- IX N v3` &W � l w s)�� 7D �Cn M i� This message is intended for the use of the addressee only and contains information that is confidential and privileged_ r' Ifyou are not the intended recipient, you are hereby notified that any dissemination is strictly prohibited Ifyou have received this documentation in error, please notify us by phone. A Washington Professional Limited Liability Company Licensed and Regisrcred Architects in Arizona, California, Colorado, Hawaii, Texas and Washington Jan 31 05 11:49a Dav R. Clark 253 "54-7898 p.2 4 FILE Federal Way December 9, 2004 David Clark David A Clark Architects 11737 256`h Place Kent, WA 98030 CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www. cityoffederal wa y. com RE: Permit #04-104524-000-00-UP; FEDERAL WAY POLICE EVIDENCE BUILDING 600 South 333`d Street, Federal Way Dear Mr. Clark: On November 5, 2004, the City of Federal Way Department of Community Development Services received your application to develop a new 5,746 square -foot police evidence building located at 600 South 333d Street. On November 29, 2004, the Department of Community Development Services issued a Notice of Complete Application. The following technical comments are based on the architectural and civil plans submitted November 5, 2004. The Planning Division has the following technical comments: Community Design Guidelines 1. Facade Modulation — Pursuant to FWCC Section 22-1635(b), all building facades that are both longer than 60 feet and visible from either a right-of-way or residential use or zone shall incorporate at least two of the four following options for modulating and/or screening: ■ Fagade Modulation: A minimum depth of two feet, minimum width of six feet, and maximum width of 60 feet. Alternative methods to shape a building such as angled or curved fagade elements, offset planes, wing walls, and terracing will be considered, provided that the intent of the section is met. • Landscape Screening: Eight -foot wide Type II landscape screening along the base of the fagade, except Type IV may be used in place of Type II for facades that are comprised of 50 percent or more window area, and around building entrances. • Canopy or Arcade: As a modulation option, canopies or arcades may be used only along facades that are visible from a right-of-way. Minimum length is 50 percent of the length of the facade using this option. • Pedestrian Plaza, Size of Plaza: Plaza square footage is equal to one percent of the gross floor area of the building, but it must be a minimum of 200 square feet. The plaza should be clearly visible and accessible from the adjacent right-of-way. It appears the west and east facades are subject to the above -mentioned design guidelines for fagade modulation. Based on the submitted elevations, both the west and east facades are modulated, per the first bullet point above. Neither elevation, however, appears to incorporate a second option as noted above. A second option (landscaping, canopy or pedestrian plaza) must be incorporated into these facades, except as noted below. Mr. Clark December 9, 2004 Page 2 FWCC Section 22-1635(b) states that facades that are solidly screened by Type I landscaping may use modulation as the sole option under this section. If Type I landscaping is installed along the west property line and the portion of the south property line that screens this fagade, a second element will not be required along the west building elevation. Current landscaping plans show a Type III landscaping installation along the west and south property lines. 2. FWCC Section 22-1635(c) states that building facades visible from rights -of -way should incorporate methods to articulate blank walls. A list of examples is included. The application states that accent colors will be utilized in the modulated sections along the east and west facades. The north elevation is visible from the BPA trail, which is a public right-of-way. Some type of articulation, projection, color variation, or similar aesthetic element along this elevation would be appropriate to address this code section. FWCC Section 22-1634(d)(1-3) address pedestrian connectivity. The site plan shows a connection from the parking lot but not directly to the right-of-way. We would suggest a paved pathway (non -asphalt) from the sidewalk to the building entry be installed. This will provide direct pedestrian access for traffic between City Hall and the evidence building and help identify the entryway. 4. Please submit a corrected site plan and floor plan (three copies) showing the modifications made in the area of the southeast corner of the building. Wellhead Protection In November of this year the City adopted a wellhead protection ordinance. The ordinance regulates storage of certain hazardous materials located in close proximity to wells. The police evidence building is located within a wellhead protection zone 1. Please see the attached informational handout and fill out the enclosed Hazardous Materials Inventory Checklist to the best of your knowledge and return. Significant Trees Removal of tree (P2-5) will result in less than 25 percent retention of significant trees on -site. FWCC Section 22-1568(c)(1)(a) states that if more than 75 percent of trees will be removed from a site, trees shall be replaced in an amount equal to 25 percent of trees that existed pre -development. Please plant one replacement tree on the site in addition to the approved landscaping. Please indicate location and type of tree. Please respond to the above comments and include the enclosed Resubmittal Information Form with any resubmittal. Sincerely, Isaac Conlen Associate Planner enc: Reuubmittal Form Hazardous Materials Inventory Statement Critical Aquifer Recharge Handout FWCC Section 22-1630-1641 c: Scott Sproul, Acting Assistant Building Official Kevin Peterson, Engineering Plans Reviewer II Raid Tirhi, Senior Traffic Review Greg Brozek, Federal Way Fire Department 04-104524 Doe, LD. 29753 A�kCITY OF Federal November 29, 2004 David Clark David A Clark Architects 11737 256d' Place Kent, WA 98030 FILE CITY HALL Way 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com RE: Permit #04-104524-000-00-UP; FEDERAL WAY POLICE EVIDENCE BUILDING 600 South 333�`' Street, Federal Way Dear Mr. Clark: On November 5, 2004, the City of Federal Way's Department of Community Development Services received your Use Process II application for construction of a 5,746 square foot police evidence building at 600 South 333`d Street. Pursuant to the development application submittal requirements established in Federal Way City Code (FWCC) Sections 22-389, the City has 28 days to determine whether your application is complete. Complete Application Pursuant to FWCC, your application is deemed complete as of November 24, 2004, based on the submittal requirements for Process II Project approval. A 120-day time -line for reviewing the project has started as of this date. The City has 120 days from the date that an application is deemed complete to take action on the application. As you are aware, the 120-day time -line may be stopped if the City determines that additional information is required to meet the requirements of the FWCC. Preliminary Technical Comments Although formal processing of your application has not begun, members of the City's Development Review Committee (DRC) have begun reviewing the application and have some brief preliminary technical comments. Additional technical comments will follow shortly. Please see the enclosed memo from the Public Works Development Services Division. If you should have any questions regarding this letter or your development project, please feel free to contact me at 253-835-2643. Sincerely, Isaac Conlen Associate Planner c: Scott Sproul, Acting Assistant Building Official Kevin Peterson, Engineering Plans Reviewer Raid Tirhi, Senior Traffic Engineer Greg Brozek, Federal Way Fire Department Brian Asbury, Lakehaven Utility District 04-104524 Doc LD. 29723 1 pal .0•.0 11, CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: 11/8/04 TO: Will Appleton, Development Services Manager Scott Sproul, Plans Examiner Wes Hill, Lakehaven Utility District Greg Brozek, Federal Way Fire Department FROM: Isaac Conlen FOR DRC MTG. ON: November 18, 2004 - Internal Completeness Review FILE NUMBER(s): 04-104524-00-UP RELATED FILE NOS.: None PROJECT NAME: FEDERAL WAY POLICE EVIDENCE BUILDING PROJECT ADDRESS: 600 S 333RD ST ZONING DISTRICT: OP PROJECT DESCRIPTION: Site development for a new 5746 sgft police evidence building LAND USE PERMITS: UP2 PROJECT CONTACT: DAVID A CLARK ARCHITECTS DAVID CLARK 11737 256TH PL 2538138877 (Work) MATERIALS SUBMITTED: Architectural plan set, (previously approved) parking lot civil plans, design summary, TIR, title report MASTER L. - D USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8" Avenue South CITY OF PO Box 9718 Way������ Federal Way WA 98063-9718 Federal 253-835-2607; Fax 253-835-2609 www.cltypffederalway.com FeaF9ALT. Ay APPLICATION NO(S) V (v } V Date o y Project Name C-\Z( C-)F::- Ir ] Tl-��-- w 1�`T 4�0�� c3,-- 12�,%k Del CZ- S L-0 L7. Property Address/Location 4 -1 )p 3 3 -�>-r t F_} 19' Parcel Number(s) q 26,500 r d 9 D Project Description C�_- PLEASE PRINT Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination ' Preapplication Conference Process I (Director=s Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information 0p Zoning Designation U fJ" 0yV tnl Comprehensive Plan Designation Value of Existing Improvements �3I 4-/ ,;�U,::Walue of Proposed Improvements International Building Code (IBC): >3 Occupancy Type V — l,] Construction Type Applicant Name: UA�I✓�('c�K-- (��C���- i Address: 1 V 137 st_ 2 City/State: V 4:ad\� vjf'` Zip: 9803c7 — r7 ba7 Phone: Z53— b L3 — 6 9-1-7 Fax: Email: Signature: Agent (if different than Applicant) Name: Address: City/State:HC A�v� Zip: Phone: Fax: Email: Signature:' Owner Name: Address: City/State: — w Zip: Phone: Fax: 2s3 8 3S -Z 60 Email: Signature: Bulletin #003 -August 18, 2004 Page 1 of 1 k:\Handouts\Master Land Use Application RECEIVED Statement of Architectural Design Intent U 4_ 1 U 4 5 L 4 NOV 0 5 2004 Federal Way Police Evidence Building CITY OF FEDERAL WAY City of Federal Way E U DING []EPT. Architectural Design Intent: The evidence building is medium sloped, double gabled building designed to blend. By client requirements, the building strives to be unobtrusive with a minimum of windows and access points for greater security. The street elevation (south) has a double gable roof detail with attic type louvers and fenestration into the interior spaces. The roof line sheds down over the main entry door and creates an entry porch. Modulation in accordance with the design guidelines occur along the east and west sides of the building. Finish materials & colors: The roof is a dark brown metal roof, standing seam type, 16 to 24 inch wide panels, with concealed fasteners. The vertical metal wall siding is a medium brown color with different colors accenting the modulated sections and overhead doors. The trim, louvers & gutters are planned to bean accent color of dark green. The windows are planned to have green tinted glazing in a sand colored vinyl frame. Trash & Storage: All trash and exterior storage shall be hauled over to the City Hall dumpster trash enclosure. No trash enclosure is to be located on site. Form No. 1402.92 (10/17/92) ALTA Owner's Policy J U4-104524 POLICY OF TITLE INSURANCE �S T A iv1 E K� c � r �C NOV 0 5 2004 ISSUED BY CIT F FEDERAL WAY First American Title Insurance U paray SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of.- 1. Title to'the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4_ Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. a- �SUB4if �` Tsl 6-i.d r` a � r E'! First American Title Insurance Company BY PRESIDENT ATTEST ' V SECRETARY vod 3 s- (ItP EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (ncluding but not limited to bai{ding and zoning laws, ordinances, orregulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting frorn a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or atleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representa- tives, next of kin, or corporate or fiduciary successors. (b) "insured claimant': an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule (A), 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), nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under stale statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions from Coverage, "public records" shall also fncude environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of ad insured only so long as the insured retains an estate or interest in the land, or holds an by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant 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 Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permisslon, in writing, for any authorized rep- resentative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and mem- oranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary informa- tion from third parties as required in this paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or lender payment of the amount of insurance under this policy together with any costs, attomeys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the navment reoi ired shall terminate incilidino for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for foss 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 insured. (c) The Company shall not be liable for loss or damage to any insured for liabiiily voluntarily assumed by the insured in settling any claim or suit wilhouI the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the A rfiount of In- surance underthis policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy 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 ordamage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. mate by m trrsurea in any rransref of conveyance or tr1e_� estate or hiterest. This policy shall not continue in forcr faver of any purchaser from the insured of either (i) an esi or interest in the land, or (ii) an indebtedness secured by purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for -which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured 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 insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or en- cumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding 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 insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of .this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, 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 any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or' damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against (b) To Pay or Otherwise Settle With Parties Other V ) the Insured or With. the Insured Claimant. (i) to pay or otherwise settle with other parties or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant 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 either of the options provided for in paragraphs (b)(i) or (ii), the Com- pany's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the Amount of Insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the. Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule (A)(C) consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the Amount of Insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made sub- sequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a tight of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the comple- tion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the mare of the insured claimant and to use thehame of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the, loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that.event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against non-insured Obligors. The Company's right of subrogation against non- insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Com- pany or the insured 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 insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitratioh pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy 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 permit 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. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpret- ing any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy 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. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. M notices required to be given the Company and any statement in writing required to be fumished the Company shall include the number of this policy and shag be addressed to the Company at 1 First knerican Way, Santa Ma, Catifomia 92707. or to the office which issued this policy. SCHEDULE A TOTAL FEE FOR TITLE SEARCH, EXAMINATION AND TITLE INSURANCE $991.00 POLICY NO. 829899 AMOUNT OF INSURANCE: $470,000.00 DATE OF POLICY: JULY 9, 2003 AT 2:21PM 0.1- 1. NAME OF INSURED: THE CITY OF FEDERAL WAY; A WASHINGTON MUNICIPAL CORPORATION 2. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: THE NAMED INSURED 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED IN SCHEDULE C IS: FEE SIMPLE ESTATE SCHEDULE B POLICY NO. 829899 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN AS GRANTED IN INSTRUMENT: RECORDED: DECEMBER 13, 1940 RECORDING NO.: 3136525 IN FAVOR OF: UNITE6 STATES OF AMERICA FOR: RIGHT TO ENTER SAID PREMISES TO OPERATE, MAINTAIN AND REPAIR AN ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM LOCATED IN PROPERTY ADJOINING SAID PREMISES, TOGETHER WITH THE RIGHT TO CUT BRUSH AND TREES, WHICH MAY CONSTITUTE A DANGER TO SAID LINES 2. SEWER SERVICE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: WEYERHAEUSER REAL ESTATE COMPANY AND: LAKEHAVEN SEWER DISTRICT RECORDED: AUGUST, 23, 1973 RECORDING NO.: 7308230502 -3. 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 42 USC 3604(C): RECORDED: MARCH 19, 1974 RECORDING NO.(S): 7403190539 AMENDMENT(S) AND/OR MODIFICATION(S) OF SAID COVENANTS: RECORDED: NOVEMBER 29, 1979 AND DECEMBER 11, 1985 RECORDING NO.(S): 7911290745 AND 8512110086 4. PROVISIONS OF THE ARTICLES OF INCORPORATION AND BY-LAWS OF THE WEST CAMPUS BUSINESS AND OFFICE PARK OWNERS' ASSOCIATION, AND ANY TAX, FEE, ASSESSMENTS OR CHARGES AS MAY BE LEVIED BY SAID ASSOCIATION. (THERE ARE NO FEES OR CHARGES DUE OR OWING AS OF DATE OF POLICY) 5. RESTRICTIONS, CONDITIONS, DEDICATIONS, NOTES, EASEMENTS AND PROVISIONS, IF ANY, CONTAINED AND/OR DELINEATED ON THE FACE OF THE PLAT RECORDED IN VOLUME 97 OF PLATS AT PAGE(S) 55 THROUGH 58, INCLUSIVE, IN KING COUNTY, WASHINGTON. SCHEDULE B - CONT. POLICY NO. 829899 6. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: APRIL 24, 1984 RECORDING NO.: 8404240904 IN FAVOR OF: LAKEHAVEN SEWER DISTRICT FOR: SEWER MAINS AFFECTS: SOUTHEASTERLY 25 FEET OF THE NORTHEASTERLY 5 FEET OF LOT 18 7. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: DECEMBER 18, 1974 RECORDING NO.: 7412180380 IN FAVOR OF: KING COUNTY WATER DISTRICT NO. 124 FOR: INGRESS, EGRESS AND UTILITIES AFFECTS: NORTHEASTERLY 30 FEET OF LOT 20B 8. RESTRICTIONS, CONDITIONS, DEDICATIONS, NOTES, EASEMENTS AND PROVISIONS CONTAINED AND/OR DELINEATED ON THE FACE OF THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 7801060552. (AFFECTS PARCEL B) 9. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 9, 1976 Y RECORDING NO.: 7607090441 IN FAVOR OF: CITY OF TACOMA FOR: TACOMA WATER SUPPLY PIPELINE AFFECTS: AS DESCRIBED THEREIN END OF SCHEDULE B SCHEDULE B - CONT. SCHEDULE C POLICY NO, 829899 POLICY NO. 829899 THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF WASHINGTON, COUNTY OF KING AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOTS 18 AND 19 OF WEST CAMPUS OFFICE PARK DIVISION 1, ACCORDING TO PLAT RECORDED IN VOLUME 97 OF PLATS AT PAGE(S) 55 THROUGH 58, INCLUSIVE, IN KING COUNTY, WASHINGTON. PARCEL B: LOT 20B OF KING COUNTY SHORT PLAT NO. 1077021, ACCORDING TO SHORT PLAT RECORDED JANUARY 6, 1978 UNDER RECORDING NO. 7801060552, IN KING COUNTY, WASHINGTON. J-10/84 ENDORSEMENT Attached to Policy No. 829899-C2 Issued by First American Title Insurance Company The Company hereby insures the Insured that said land abuts and has rights of ingress to and egress from South 333rd Street, which is a physically open street and that is a public street maintained by the City of Federal Way, Washington. The Company hereby insures the Insured against such loss which said Insured shall sustain in the event said assurances herein shall prove to be incorrect. The total liability of the Company under said policy, and any endorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. DATED: NLY 9, 2003 First American Title Insurance Company BY BY PRESIDENT \NT SECRETARY LTA Form 103.7 (Rev. 6-14-96) (Land Abuts Street) Owner or Lender ENDORSEMENT Attached to Policy No. 829899-C2 Issued by First American Title Insurance Company The Company hereby insures the Insured against loss or damage which the insured shall sustain by reason of the failure of the land described in Schedule C to be contiguous. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and Provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. DATED: DULY 9, 2003 First American Title Insurance Company BY PRESIDENT r BY i fSTANT SECRETARY CLTA Form It 6.4 (Rev. 6-14-96) (Contiguity of Parcels) Owner or Lender SEPUM9 EN 74. 1968 fa ;� �...• yf ENDORSEMENT Attached to Policy No. 829899-C2 Issued by First American Title Insurance Company Notwithstanding anything to the contrary contained in this Policy, the Company insures the insured against loss or damage sustained by reason of any of the land described in Schedule A being, as of Date of Policy, in violation of applicable subdivision and platting statutes, ordinances, regulations and amendments thereto. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Date: DULY 9, 2003 First American Title Insurance Company BY BY PRESIDENT 3TANT SECRETARY CLTA Form 116.7 (Rev. 6-14-96) (Modified) (Subdivision Map Act Compliance) (Modified for Use in the State of Washington) E f ,� f `41 SE. UMBER E4. b .,% ENDORSEMENT Attached to Policy No. 829899-C2 �. Issued by First American Title Insurance Company The Company hereby insures the Insured against loss or damage sustained or incurred by the insured by reason of the land referred to in Schedule C not consisting of separate tax lot(s) or said lot(s) including any property not included within said land. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and prior endorsements, nor does it increase the face amount thereof. Dated: JULY 9, 2003 First American Title Insurance Company BY PRESIDENT BY ASSISTANT SECRETARY F.A. Form 64 (Rev. 3-99) (Separate Tax Lot) Owner or Lender .e— _0 L E 1 N S,'%Nt ,•ig.4 r,,y� ,all iS6E rh 4 ENDORSEMENT Attached to Policy No. 829899-C2 Issued by First American Title Insurance Company The Company insures the owners of the indebtedness secured by the insured Mortgage against loss or damage sustained by reason of: any assessments for street improvements under construction or completed at Date of Policy not excepted in Schedule B which now have gained or hereafter may gain priority over the lien of the insured mortgage. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. DATED: DULY 9, 2003 = -�\jLE INS '1% First American Title Insurance Company s • ..'�� BY PRESIDENT Q St p 1{ { !! 19fi8 4r !� BY ASSISTANT SECRETARY e. ALTA Form 1 (Street Assessments) (Rev. 9/27/86, effective 6/l/87) ENDORSEMENT Attached to Policy No. 829899-C2 Issued by First American Title Insurance Company The Company hereby insures against loss or damage sustained or incurred by'the Insured by reason of: The existence of any present violations on the land of any enforceable covenants, conditions, or restrictions; 2_ Except as shown in Schedule B, any present encroachments onto the land of buildings, structures, or improvements located on adjoining lands; and 3. Unmarketability of the title to the estate or interest by reason of any violations on the land, occurring prior to acquisition of title to the estate or interest by the insured, of any covenants, conditions or restrictions. Wherever in this endorsement any or all the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer -to or include the terms, covenants, conditions or restrictions contained in any lease. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and prior endorsements, nor does it increase the face amount thereof. Dated: DULY 9, 2003 First American Title Insurance Company BY BY PRESIDENT iTANT SECRETARY Sf. UMBE11 24. ~� • i9oS - F.A. Form 31.2 (Rev. 3199) Restrictions, Encroachments and Minerals (Unimproved Land) ALTA Extended - Owner ENDORSEMENT Attached to Policy No. 829899-C2 Issued By First American Title Insurance Company -- The Company hereby insures the Insured against loss which the Insured shall sustain by reason of any final judgment enforcing -the covenants, conditions and restrictions referred to in paragraph(s) 3 of Part B I of Schedule B,:based upon a violation thereof on said land, present or future. For purposes of this endorsement, the words "covenants," "conditions" or "restrictions" shall not be deemed to refer to or include any covenants, conditions or restrictions relating to environmental protection, except to the extent that a notice of a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy and is not excepted in Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and prior endorsements, nor does it increase the face amount thereof. Dated: DULY 9, 2003 First American Title Insurance Company BY PRESIDENT BY AS515TA CREiARY CLTA Form 100.6 (Rev. 9-10-93) Covenants, Conditions & Restrictions - Violations ALTA - Lender/Owner Coverage 0- �F ENDORSEMENT Attached to Policy No. 829899-C2 Issued by First American Title Insurance Company The Company hereby insures the Insured against loss or damage which the insured shall sustain by reason of the failure of the land to be the same as that delineated on the plat of a survey made by BUSH, ROED & HITCHINGS, INC., dated MAY 27, 2003, designated Job No. 2003091.00. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. DATED: JULY 9, 2003 First American Title Insurance Company BY PRESIDENT BY ASSISTANT SECRETARY CLTA Form 116.1 (Rev. 6-14-96) (Survey) 1\\ cc Lu ir- Q R E o �(D+ Lu a) u �' L U a) t p +� �_ caQ ca ca (� C9 m #� ¢ 0 L > 0 vi O Q O CL L.. (D -O Q. C O LJ cu w c L ca a) 4- Q% a _ 0. o i . O > > d O � o ca C) aa)) co � a) CO o a) U .U) V) y O i-a a) c UrA O 'g U O Y 00 c� ° �v� �40 ) C 1 iQ aAo 11 l C 2. �N..+ a) m •6 U_ m ca U C eo E c ( } q N 0.2 ICL [� o> 04 I - W iAIMVEN MAC Na REFRESENTATM THAT TMB AVAUBIUTy-CWMCA E W i.1 BE ACCEPW BY TBE APPLICABU LAND USEAUTHE]IUTY. E cc 3 w❑ E x t] c y O .. E > 'v E m a-0 � rn 0 c y c v a an com ❑ ❑ Q a.J a7 V) CD a) c c O Q .0 U a) d v rn a) c m c. f6 Lt `O v C cc fA (D p1_ 0 L EcLic a) 0 ca >, ` (D to O -y C a) 3 E c y o w =•) E Co 0 3 :? C O >' y aEi o O E N C aJ cQ 0 C Q Oa) co O CD - U Z LLO-. U) F- 0 .co - - 3:❑❑❑ `o E a) Q (0 w O > U y C c � a) � L y d y ar E — U Co Co Co M a) -0 CO O> U d >, a) ca E 0- U c m � w E 3 � a) a) o E c CO c° c m 0 0. 0> U 'y c aci ZO L C � N n C U a) E d 0 3 a m E a) Na) y 3 `D a r- > 3a)o a)0n FL- n m of Ly' 0 �d ca 0 ❑ n(- ❑ N a v� 0 0 m@ N N N a) U y N m `O a a) f6 C >. a) rn ❑ cU -0L co — L t 3 O U m o a) U w0 O w O U m a) .a)- :5 `O m n:2 (A U O U_ C •� N too to - C U O -p C d X p a) O 0 0 O ° Z nay o > o ao a) d w H m 3 a) w a v a 0) E y 10 �1 ,O N D U cc O a) N is O .L. s 0 p 2 (ON r 30 a) Y V p co WE C E 7 7 b 7 Co ca L L E y O � N C p 0 v) O 4. yLLL ` o M OWN O Vi E V ca`o" Q.cm `. E E E ) EC � e a) O = 3 O Co a s O �� () U r f 3 O) aa) cu , ,� Y o m O E ` .� O a ❑ 0 Cc ` 0) a) m O_ C Q 7 co > 4c E U rnaE c o m L- a v 00 0) 0 p a) y 3L 3 a) cEpco E 0°' O (aO (~0 O 0 N c� O)y w. w C)m U v) o yoo 3 y00 �' w y O I v„ � lf•) � � U m ❑ a) f0 f0 3 lzm ❑ ❑X❑� w ra 0 �d a) ` d-_ ❑ M �f w w 0 �6 ca0-6 ❑ IE(--❑ L6 m 's N 0 0 N O 4r d N 3 ' I nS .(0 U #' > c0 v Su .� E L N L .1 Q = L o N Q o U, n CD r�r Q I_ CIO aci � l)0 a 3 o W C t n O c d a� A iu p E� rn oeA U a p N o 0 C O O �Ap1rnf�� !3 3 0 A ui O 0 a O C Q E c () aa)) o 0 5 a) a>i �v C � ca cB j W N O O U �N a a) 0 U a) a) C E O W O Q E O O 0 � C .r O .3 U w � U Y � a) CO m c U) a) L C �-' O v c > UJ Q^, N 2 u N E CL w 4) �o H 00 .Q N L r-• C r 'C 3 0 C O 0 LAKMAVEN MAKES NO Kam- _ THIS AVAII.ABUTYCE tTff,-IC BY THE APP11CABLE LAN) U r- 01 N N 7 a a) N a O d c O U J B. (d k O � E N s L ` uoi ` a) j L 1 O � C 1 E 1 " O 0. E c cc rr N U L 3 Q_' O -6 Fm- w w as O -6 f0 O -6 � � Z O zr 0 Q) a) � U is 0 o c Vj a) N C E L U LJ 0 N N cli .1 0, 0 a N Ln O 1-4 O 3628 South 35th Street COMMUNITY DECEIED E EL.OPMEENTTDEPARTMENT TACOMA WATER January 23, 2004 Tacoma, Washington 98409-3192 TACOMA PUBLIC UTILITIES Mr. Bryan Chou City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 Tacoma Second Supply Project Pipeline City of Federal Way Parking Lot Dear Mr. Chou: JHN 2 6 2004 Thank you for your letter of January 14, 2004 soliciting comments on the proposed 115 stall parking lot on South 333ra Street in Federal Way which will effect the City of Tacoma's Pipeline Easement. We have reviewed your proposed site plan drawing C-103 (not dated) and have determined that the proposed grading plan is not in conflict with our use of the 20-foot easement encumbering the north edge of the proposed parking lot. If you need further assistance or additional information please contact Craig Gibson at (253) 502-8204 or Tim Larson at (253) 377-5844. Sincerely, Tim A. Larson Senior Special Projects Engineer Cc: Jim Harris, Ken Miller —City of Federal Way Craig Gibson —Tacoma Water 3628 South 35th Street COMMUNITYDE DEVELOPMENT T BY i TACOMA WATER Tacoma, Washington 98409-3192 TACOMA PUBLIC UTILITIES February 18, 2004 Mr. Bryan Chou City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 Tacoma Second Supply Project Pipeline City of Federal Way Parking Lot Dear Mr. Chou: FEB 2 0 2004 Thank you for your letter of January 14, 2004 soliciting comments on the proposed 115 stall parking lot on South 333rd Street in Federal Way which will effect the City of Tacoma's Pipeline Easement. We have reviewed your proposed site plan drawing C-103 (not dated) and have determined that the proposed grading plan is not in conflict with our use of the 20-foot easement encumbering the north edge of the proposed parking lot. Please do not plant any large trees or shrubs within 20 feet of the pipeline as these will interfere with the cathodic protection zinc ribbon anode buried along the pipeline and our access to pipeline appurtenances. If you need further assistance or additional information please contact Craig Gibson at (253) 502-8204 or Tim Larson at (253) 377-5844. Sincerely, Tim A. Larson Senior Special Projects Engineer Cc: Jim Harris, Ken Miller —City of Federal Way Craig Gibson —Tacoma Water RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Federal Way Attn: Law Dept. 33530 First Way South P.O. Box 9718 Federal Way, WA 98063-9718 CITY OF FEDERAL WAY DECLARATION OF RECIPROCAL ACCESS AND PARKING EASEMENTS Grantor (s): City of Federal Way, a Washington Municipal Corporation Grantee(s): City of Federal Way, a Washington Municipal Corporation Property Legal Description: Parcel 1, West Campus Office Park Division 1, Lots 18, 19; Parcel 2, West Campus Office Park Division 1, Lots 28, 29, 30, 31 Assessor's Tax Parcel ID#(s): 926500-0190, 926500-0180, 926500-0290 Space above line for Recorder's use only. This Declaration of Parking Easements ("Declaration") is executed as of the, 3tay of 20�'by City of Federal Way and by City of Federal Way Owner of Parcel 1 Owner of Parcel 2 Recitals A. Declarants are the fee owners of two adjacent parcels of property, hereinafter referred to as Parcels 1 and 2. Said parcels are individually referred to herein as Parcels 1 and 2 respectively, and collectively as the Parcels. B. Parcel 1 has a parking lot and improvements thereon attached hereto and incorporated herein by this reference ("Parking Facilities"). The Parking Facilities are intended by Declarant to benefit Parcel 2. The parking lot located on Parcel 1 will contain approximately 61537 square feet of parking equaling approximately 177 parking stalls, and the Federal Way City Hall building on Parcel 2 will contain approximately 88,000 square feet of government office space and approximately 275 parking stalls. C. Declarants desire to establish herein a non-exclusive easement for vehicular parking and for vehicular and pedestrian access, ingress and egress upon and across the Parking Facilities of Parcel 1 for the benefit of Parcel 2. Now, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, Declarant owner of Parcel 1 hereby establishes and will hereafter hold and convey title to Parcel 1 subject to the following covenants, conditions, easements, and restrictions: Easements for Use of Parking Facilities Establishment of Easements. Declarant Owner of Parcel 1 hereby grants, establishes and covenants to the Declarant Owner of Parcel 2 and its successors and assigns as fee Owners of Parcel 2 together with the right and obligation to grant and transfer the same to future Owners (as defined below) of all or any portion of Parcel 1, a non- exclusive easement in, to, upon, and across the Parking Facilities for the use by the Owner of Parcel 2 and their respective employees, tenants, subtenants, licensees, and other occupants (collectively, "Occupants") and the customers, guests, agents, and other invitees of such Owners and their Occupants (collectively, "Invitees") for the following purposes: i) Vehicular and pedestrian access, ingress, and egress upon and across the traffic circulation patterns established by Declarant on the Parking Facilities and to and from any portions of the Parking Facilities and the public streets adjacent to the Parcels; and ii) Vehicular parking within the spaces designated for non- exclusive parking by the Owners. 2. Dominant and Servient Tenements The easement in favor of Parcel 2 to use the Parking Facilities located on Parcel 1 is appurtenant to Parcel 2 and, as such, Parcel 2 is the dominant tenement and Parcel 1 is the servient tenement. Declaration to Run with the Parcels; Duration Each and all of the covenants, conditions, limitations, easements, right, and restrictions contained herein shall be construed to touch and concern the land and will run with and bind each Parcel, shall be for the benefit of each of the Parcels, shall be binding upon each Owner of the Parcels and the respective successors, assigns, heirs, and personal representatives of such Owners (but only during the time period said persons or entities hold fee title to such parcels), and all benefits deriving therefrom shall inure to the benefit of and be enforceable by the Owners of the Parcels benefited hereby and the respective successors, assigns, heirs, and personal representatives of such Owners. Each such covenant, condition, restriction, and easement imposed upon the Parcels, or any portion thereof, shall constitute an 2 equitable servitude in favor of the other Parcel benefited thereby. Each and all of the covenants, conditions, limitations, easements, rights, and restrictions contained herein shall run with and bind the Parcels and shall be and remain in effect until the Owners of the Parcels unanimously execute and record a termination agreement terminating the provisions of this Declaration. 4. Compliance with Law Each Owner shall comply with all applicable laws, ordinances, rules, regulations, and requirements of governmental authorities having jurisdiction over the Parking Facilities. 5. General Provisions a) Any provisions of this Declaration which shall prove to be invalid, void, or illegal, shall in no way affect, impair, or invalidate any other provisions hereof and such other provisions shall remain in full force and effect. b) Time is of the essence. c) This Declaration shall be construed in accordance with and governed by the laws of the State of Washington. d) This Declaration may be executed in any number of counterparts, each of which shall be deemed an original, but all such counterparts together shall constitute one agreement. e) In the event any action is instituted with respect to the subject matter of this Declaration, the party prevailing in such action, whether by final judgment or out -of - court settlement, shall be entitled to recover from the other party thereto actual attorneys' fees and costs of such suit. f) Failure by any Owner to enforce any covenant, condition, easement, or restriction contained herein or in any certain instance or on any particular occasion shall not be deemed to be a waiver of such right on any such future breach of the same or any other covenant, condition, easement, or restriction. g) The provisions of this Declaration shall be liberally construed to affect its purpose; the section headings have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction. 6. Dedications The provisions of this Declaration shall not be deemed to constitute a dedication for public use nor create any rights in favor of the general public. 7. Amendments This Declaration may not be modified in any respect whatsoever, or terminated, in whole or in part, except by written instrument executed by the Owners and recorded in the Official Records of the County Recorder of King County, Washington. IN WITNESS WHEREOF, the Declarant has executed this Declaration as of the date hereinabove set forth. Owners of Parcel 1: Approved as to Form �(/t �'.o ity Attorney, atricia A. Ri6hardson Owners of Parcel 2: AY David H. Moseley, City Manager STATE OF WASHINGTON ) ) SS COUNTY OF KING ) c D 2 d , 2W , before me, the undersigned, a Notary Public in and for said State, personally appeared David H. Moseley, personally known to me (or proved to me on the basis of satisfactory evidence) to be the City Manager, respectively, of the corporation that executed the within instrument and know to me to be the persons who executed with within instrument of behalf of the corporation herein named, and acknowledged to me that such corporation executed the within instrument pursuant to its By -Laws or a Resolution of its Board of Directors. Wi ess my a6d aZ official seal. � c Notary Public in an far s id State of Washington, Cf/ A/s %/yam Caere!% residing at : My commission expires %I i1—/$-4-