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-