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99-101522CITY OF (253) 661-4000 33530 1 ST WAY SOUTH FEDERAL WAY, WA 98003-6210 Mr. Harry Horan December 3, 1999 33903 Pacific Highway South Federal Way, WA 98003 Re: BOUNDARY LINE ADJUSTMENT VARIANCE APPLICATION — File N° UP499-0007 33903 Pacific Highway South, Federal Way Dear Mr. Horan: I have received your November 5, 1999, letter withdrawing the above referenced variance application and stating you are going to pursue revising the proposed boundary line adjustment map as recommended by city staff. Apex Engineering has inquired about refunding a portion of the application fee. Please be advised that the variance filing fee is not refundable at this point in time because the application has been circulated and reviewed by city departments and other agencies. Also, the Community Development Review Committee (CDRC) reviewed the application at their October 28, 1999, meeting and submitted their comments to you by letter on November 4, 1999. If you wish to discuss this matter further, please call Greg Fewins, Principal Planner, at (253) 661-4108. The above application will now be closed and no further action will be taken on it. If you have any questions, please call me at (253) 661-4120. Sincerely, vall;� � /4A Marion B. Hess Senior Planner c: Greg Fewins, Principal Planner Jim Femling, Senior Engineering Plans Reviewer Sarady Long, Traffic Analyst Mary Young, Lakehaven Utility District Greg Brozek, Federal Way Fire Department Richard L. Carson, 16I2 - 8' Avenue NE, Bellevue, WA 98004 Nick Horan, Apex Engineering, 2601 South 35`h Street, Tacoma, WA 98409 ►.:UPRMSYs\DOCUNMrmur499-00.07\WfT rotww noc CITY OFfgC.— (253) 661-4000 �! 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003-6210 November 4, 1999 Mr. Harry Horan Horan Company 33903 Pacific Highway South Federal Way, WA 98003 Re: NOTICE OF COMPLETE APPLICATION — ADDITIONAL INFORMATION REQUESTED Boundary Line Adjustment (BLA) at 33903 Pacific Highway South File Number BLA99-0007 Dear Mr. Horan, The Department of Community Development Services received additional information for the above subject BLA on October 13, 1999, in response to my June 30, 1999 letter. The application materials received were: 1. Apex Engineering Cover Memo 2. Title Report, CLTIC No. H779397 3. Survey Closure Report 4. Boundary Line Adjustment Map ( three copies of two sheets) NOTICE OF COMPLETENESS Please consider this letter as a Letter of Completeness. Pursuant to the "Federal Way City Code" (FWCC), the application is deemed complete as of the date of this letter based on the Boundary Line Adjustment (BLA) submittal requirements. Pursuant to FWCC Section 22-31, Exemptions from the Requirements of the Regulatory Reform Act of 1995 (RCW 36.70B), BLA's create special circumstances which necessitate the exemption of BLA applications from the review procedures of RCW 36.70B, including, but not limited to, the 120 day review time line. The city has elected to provide a letter of completeness and public notice of application and decision not withstanding this exemption. You will be -informed of the status of the application if you are notified in writing that additional information is needed. Mr. Harry Horan November 4, 1999 Page 2 Having met the submittal requirements, your application is now ready for processing. Therefore, pursuant to the FWCC, a Notice of Application will be published in the Federal Way Mirror in the near future and other public notice will be given based on city procedures. The Department of Community Development Services has responsibility to notify other agencies who may have jurisdiction over, or interest in, your development project. ADDITIONAL INFORMATION REQUESTED The following information is requested to move forward with this BLA application: Two mylar drawings of the proposed BLA. Approved building setback variances for the existing buildings. Parcel A requires a side yard variance and Parcel B requires a front yard variance. Or, revise the BLA drawing to provide a 35 foot front yard setback for Parcel B and provide a 20 foot side yard setback for Parcel A. The 20 foot side yard can be provided by reducing the 30 foot Parcel B connection to Pacific Highway South to 27 feet as allowed by FWCC Section 22-1135(3) (see the enclosed redlined BLA survey drawing). If you decide to provide the required building setbacks, please submit three complete sets of the revised BLA sheets with the revised lot lines and two mylar drawings of the BLA. Otherwise, the BLA approval is contingent upon the approval of a front yard building setback variance for Parcel B and a side yard building setback variance for Parcel A. If you have any questions concerning the above, please call me at (253) 661-4120. Sincerely, Marion B. Hess Senior Planner enc: Redlined BLA Survey c: Jim Femling, Senior Engineering Plans Reviewer Sarady Long, Traffic Analyst Mary Young, Lakehaven Utility District Greg Brozek, Federal Way Fire Department Richard L. Carson, 100700 Meridian Avenue North, Seattle, WA 98188 Nick Horan, Apex Engineering, 2601 South 35'h Street, Tacoma, WA 98409 L:\PPMSYS\DOCUtMNT\BLA99 00.07TADDINFO.DOC t� is •,,� !. � F � +� i'. ��,. November 5, 1999 City of Federal Way Marion Hess 33530 First Way South Federal Way, Washington 98003 Re: I. Notice of Complete Application - Additional Information Requested Boundary Line Adjustment (BLA) at 33903 Pacific Highway South File Number BLA99-0007 Re: 2. Notice of Complete Application - Additional Information Requested Boundary Line Adjustment Variance at 33903 Pacific Highway South File Number UP499-0007 - Related File Number BLA99-0007 Dear Mr. Hess: Pursuant to the above-. Re: 1. I am opting to provide additional information requested. Therefore proceeding with the variance is not necessary. Re: 2. Will not be pursued any further. Could the City of Federal Way please refund the variance application fee or portion thereof if any (Re:2.) to: Harry J. Horan Horan Co., Inc. 33903 Pacific Highway South Federal Way, WA 98003 253-838-0753 SinceriJ Harry OwnerlBroker c: G. Jellison, Apex EM99-35 Boundary Line Adjustment M. Hess Itr 11-5-9 RECEIVED BY t,n%gKR1 I%IITv nE\,n n 7rI CYT f1CPpRT"7:SIT NOV 8 1999 33903 Pacific Highway South • Federal Way, Washington 98003-6812 (253) 838-0753 ■ (253) 952-4142 ■ FAX (253) 838-0933 t F-VISION DATE d C 1 1 3 1999 �4 . 15. CLTIC NO.:- H779397 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Harry J. Horan, as his separate estate TRUSTEE: Commonwealth Land Title Ins. Co. BENEFICIARY: Northwest Community Bank ORIGINAL AMOUNT: $49,000.00 DATED: October 7, 1991 RECORDED: November 6, 1991 RECORDING NO.: 9111060452 Investigation should be made to determine the present balance owed by contacting the appropriate lender/agency/individual. ASSIGNMENT OF DEED OF TRUST: Assignee: Commonwealth Land Title Insurance Company of Philadelphia Recorded: October 22, 1998 Recording No.: 9810221881 KRISTINE A. CHREY, Attorney at Law was appointed successor trustee under the Deed of Trust. Recorded: October.22, 1998 Recording No.: 9810221882 JUDGMENT: AGAINST: IN FAVOR -OF : AMOUNT: ENTERED: KING COUNTY JUDGMENT NO.: SUPERIOR COURT CAUSE NO.: ATTORNEY FOR CREDITOR: Hary J. Horan & Horan Company, Inc., jointly and severally William J. Wayman $38,502.25 plus $11,182.32 interest plus attorneys' fees of $1,500.00 plus costs of $165.25 plus interest at 12% per annum July 29, 1992 92-9-18790-1 92-2-07903-8 Loren D. Combs Partially satisfied in the amount of $14,512.10 on March 5, 1993. Said judgment was assigned to Winston Reed Partnership. Said assignment has been recorded under King County Recording Nos. 9711180638 and 9712041409. Said judgment is also filed of record in the Auditor's Office in King County under Recording No. 9712041408. Execution issued and levy made on March 17, 1998 under Recording No. 9803171112. 16. 17. 18. CrLTIC NO.: H779397 Said judgment was further assigned to Richard L. Carson and Linda D. Carson, husband and wife. Said assignment.has been recorded under King County Recording No. 9805121276. SHERIFF'S CERTIFICATE OF PURCHASE issued pursuant to the sale of the premises in full satisfaction of the judgment and decree entered in Superior Court. Purchaser: Sale Held: Sale Amount: Foreclosing: Case No.: Recorded: Recording No.: Richard Carson and husband and wife June 12, 1998 $67,997.62 The above judgment 92-2-07903-8 SEA September 16, 1998 9809161863 Linda Carson, AFFECTS: Parcel A DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Harry J. Horan, a single person TRUSTEE: Stewart Title Company BENEFICIARY: Robert Malek and Kathy Malek, husband and wife ORIGINAL AMOUNT: $110-500.00 DATED: September 8, 1992 RECORDED: October 9, 1992 RECORDING NO.: 9210091570 Investigation should be made to determine the present balance owed by contacting the appropriate lender/agency/individual. AFFECTS: Parcels A and B DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Harry J. Horan, as his sole and separate property pursuant to Decree of Dissolution entered in King County Superior Court TRUSTEE: Commonwealth Land Title Company of Washington, a Washington Corporation BENEFICIARY: Ray E. Zimmerman ORIGINAL AMOUNT: $250,054.45 DATED: October 1, 1992 RECORDED: November 19, 1992 RECORDING NO.: 9.211190738 Investigation should be made to determine the present balance owed by contacting the appropriate lender/agency/individual. AFFECTS: Parcel A CITY OF � 33530 1ST WAY SOUTH June 30, 1999 Harry Horan Horan Company 33903 Pacific Hwy. South Federal Way WA 98003 (253) 661-4000 FEDERAL WAY, WA 98003-6210 Re: Notice of Incomplete Application for Boundary Line Adjustment at 33903 Pacific Highway South, File number BLA99-0007 Dear Mr. Horan, The Department of Community Development Services received additional information for the above subject BLA on June 16, 1999, in response to my May 18, 1999 letter. The application materials received were: 1. Master Application copy with Richard L. Lyons signature 2. Boundary Line Adjustment Map ( six copies of 2 sheets) 3. King County Certificate of Water & Sewer Availability (Lakehaven Utility District) 4. Joint Use Side Sewer Agreement and Easement copy Old and new lot Closure calculations 6. King County Lot Line Adjustment #685018 (one copy of 3 sheets) Notice of Incompleteness Please consider this letter as a second Letter of Incompleteness. Pursuant to FWCC, the application is still deemed incomplete as of the date of this letter based on the submittal requirements for a Boundary Line Adjustment (FWCC 22-41,43). Submittal Requirements For Completeness The following is requested to make this Boundary Line Adjustment (BLA) application complete: • Signature of all persons with ownership interest in the subject property are not on the master land use application. A c9py-of the Master Land Use application is enclosed for William J. Wayman's signature. Mr. Lyons' signature was received and Mr. Wayman's signature was not. As stated before, Mr. Wayman is listed as co-owner with Richard and Linda Carson for Parcel #202104-9086 (Parcel with two buildings with address at 33903 Pacific Highway South.) 0 Two mylar drawings of the proposed Boundary Line Adjustment. r 9 �1 33903 Pacific Highway South BLA99-0007 page 2 • Show location of existing water service connection for Lot B and any easements required to connect these services to the parcel. ■ Parcel B must have a minimum 30 foot frontage on Pacific Highway. The BLA map submitted June 16th delineated a 20 feet easement frontage rather than a 30 feet lot frontage on Pacific Highway. Is there a reason Lot B cannot be a panhandle lot? Please submit three complete sets of the revised Boundary Line Adjustment sheets Should you have any questions, please call me at 253-661-4120. Sincerely, /� �'- 4d6 "1 Marion B. Hess Senior Planner Eric: Master Land Use Application Form (William J. Wayman signature needed) Traffic Division May 19, 1999 memo c: Jim Femling, Engineering Plans Reviewer Mary Young, Lakehaven Utility District Greg Brozek, Federal Way Fire District Richard L. Carson, 100700 Meridian Ave. N., Seattle_ Wa, 98188 Sarady Long, Traffic Analyst L:\PRMSYS\DOCUNMNTNBLA99-00.07\INCOiNVLT.DOC V MASTER LAND USE APPLICATION C"O� APPLICATION NO QLA 9.1 — 000 Project Name l-#Ai eE -ry DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33530 First Way South, Federal Way, WA 98003 (253) 661-4000 — Fax (253) 661-4129 www.ci.federal-way.wa.us Date Property Address/Location 33 9- 3 44ra r-�c A6ywt -i 2:7! Parcel Number(s) -Zo z J--F- ?n:a Applicant Name: )),,,,,eY J AA.4 ✓ Agent (If Different than Applicant) Name: Owner Name: X )CWAA0 L. LYo19S Address: Address: Address: 339e3 Phv)Ac IUHwAy fx�Tli 3&Z-7 Y DE'R/}L WAY ) W-1 9G003 14VRd0C✓J 'WA 9190C)j Phone: (Z 53) S 3, -- 67 53 Phone: ( ) Phone: (Zs3 ) 40 - Fax: (253) 8 3.8 -c:53.} Fax: ( ) Fax: ( ) Email: Email: Email: Signature: { Si iature: Signature: r— ,/ r�e� —tsv� • � U Zoning Designation B Comp Plan Designation �i Project Description - 4F ,+6)u5 T B­1AfZ?4_Y L)n/� 6ht:x ?o oA 16jjyh-L l m �i} n�i✓ 6%e,CE-1. Nd A #hV.0 "MAa,fED -*sg- .SA�Mgr) . Uniform Building Code (UBC) Construction Type Type of Permit Required: (UBC) Occupancy Type SEPA Checklist Notice Mailed Sign Board (Refer to Development Submittal Requirements Handout) Annexation R R Binding Site Plan R R R 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 Only Shoreline Variance Conditional Use Short Subdivision Subdivision Variance R R R R R* R R R R R Rx2 R R R R R R R R R R R R R R * R R R R R* R R R = Required * = Optional by City MASI ERIA Rent Ri:vi n)2/22199 .. LEME z2SD���� Q BUILDIZ�PPLU AND LAND DEVELOPMENT DIVISION 450 KING COUNTY ADMINISTRATION BUILDING, SEATTLE, MASH. 96104 TEL1 344-7980 er's Name Address City Zip Phone 838-OT33 Lot A Own 33903 Pacific Hi¢l:wav South FedZ1al War WA ne00 1•' .. Harr? J. Horan. City p Lot B Owner's Name Address �.= ._I same Zip Phone city }" y Lot C Owner's Name Address I certify that Tax Loe 1 Sou_ce of Mater Sewage Disposa: the infornati furnished by me Sewer cor Lot A 8b Disc. 124 is true and nett to the best Lot iq tore �': • ,s, Lot B : 4 �• a� of my knowledge 'l i ort [. Lot C SignatureLot C jAq no Not Kroll Pg. Zoning Aaiated File 1/4 sec 1/NESec I I 21 4 Complete• • ' -736E }¢-p - Y .NE IS20 •C -a Legal Description.: ; Lot A Mggnnay NE cor of Sec Th S 00-37-30 E 936.04` Th S 89 'ggOZ7W020£ i00'Mto Highway ------I Beg Th S 00-37-30 E 75' Th :. tpob Th S 89-27-02 W 100' 75' to tpob, less par taken for Eighway 9/11/47. Highway, Th N 00-37-30 W - RECEIVED �. BLDG. 6 LAND DEVELOP. e- JUN 071985 J =T t.i � � LOL B � S• _. rr.��� Beg on Wly Mgn Highway 99 936.04' S of NE cor of Sec Th W 100' Th S 50' Th W 163' Th N 108/68' Th E to W In of Hwy Th Sly alg sd Highway to beg, LEss por for Highway taken 9/11/74. J LUL L111C A1A 1u.�uuC 314. ►OFITH CALE: i [ �- 1 ��XrIIoxi,si �o Ltil. r1Yl7'd939 E _� 11 al o �.9C/F/C �yjGh, Gt/�9y I ✓�OUTy :; vl 4� I � i Ffica � I I I I Shoe I � i3a38 1�ihdo�l�f___ L--- h ica m:c D a ,ZO' "dc nrnr r ir�aress eyr"e 410 s u7'iliTie� A Do Not Write Below This Line Approval is hereby granted subject to: y' Disapproved because: NOTE: Approval of this adjustment does not assure the property owner that the subject property itself has satisfied the State and Countv sub- division requirements (RCW 58.17 and King County Title 19). Please be advised that building permits will not be issued to lots which 271-2 have not complied with the requirements of said statute and code. 83 SA DL ER .- ' : H ` BA RNA R© ASSOC. INC 3121N PnCII IC I1I It; JIWAY ]UU1I( FFDFRAL WAY. W'ASHIN'GTD, 9N0()3-5496 I I 1.1 1-1 if INI 001. -1.11 1 V1•I June 4. 1985 Our Ref.: 85-141 LECAL )ESCRIPT_IONS PARCEL A: That portion of the North half of the South half of the Northeast quarter of the Northeast quarter of Section 20. Township 21 North, Range 4 East, W.M., described as follows: Commencing at the Northeast corner of said Section 20; thence South 00609'38 West along -`&Fie Easterly lines thereof 877.49 feet; thence North 84°4$=55" West 60.00 feet to the West boundary of Primary State Highway No. 1 (ALSO known Nqrth as U.S. Highway 99) and the True Point of Beginning; thence continuing thence 89°48'55" West 181.00 feet; thence South 00°09'38" West 108.b8 feet; thence South 89048'55" East 81.00 feet; thence South 00°09'38" West 24.87 feet; thence South 89°48'55" East 90.00 feet, more or less, to the Westerly margin of said Primary State highway Na. 1: thence Northerly along said West margin to the True Point of Beginning; SUBJECT TO an easement over, under and across South 20.00 feet of the North 108.68 feet thereof for ingress, egress and utili PARCEL B: uarter of atheoNortheast tquarter he hofaSection lf of h20, Township 21 North,e South half of the rRange t4gEast, W.M.. described as follows: Commencing at the Northeast corner of said Section 20; thence South 00°09'38" West along the Easterly line thereof 877.49 feet; thence North 89°48'55" West 241.00 feet to the True Point of Beginning; thence continuing North 89°48'55" West 82.00 feet; thence South 00°09'38" West 108.68 feet; thence South 89948'55" East 82.00 feet; thence North 00009'38" East 108.68 feet to the True Point of Beginning; TOGETHER WITH an easement for ingress and egress over and across the South 20.00 feet of the North 108.68 feet of said Parcel A. LAKE HAVE N UTH TTY DISTRICT JOINT SIDE SEWER AGREEMENT AND EASEMENT THIS AGREEMENT, made this 1999 by and between Harry 3rd day of June J. Horan and Richard A. Lyons , and and , and and (described properties respectively: See attached Exhibit "A" - Parcel B Linda L. Lyons OWNERS of the following WITNESSETH: That for and in consideration of the mutual covenants herein expressed, it is hereby agreed between the above parties as follows: SECTION 1 - A side sewer shall be constructed for use of the above described properties, a portion of which shall be jointly used. The construction cost of this side sewer shall Owners of the property described in Section 1 shall have the right at such time as necessary, to enter upon said easement for the purpose of constructing, maintaining, repairing, or reconstructing the side sewer. SECTION 4 - This Agreement and easement shall be a covenant running with the land and shall be binding on all parties, their successors, heirs and assigns forever. IN WITNESS WHEREOF we hereunto set our hands and seals the day and years first above written. STATE OF WASHINGTON ) ss COUNTY OF RING ) I certify that I know or have satisfactory evidence that Harry J. Horan and Richard A. and Linda L. Lyon signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in June 3, 1999 File #25167/98 EXHIBIT "A" LEGAL DESCRIPTION PARCEL B 202104-9090 THAT PORTION OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH 00009'38" WEST ALONG THE EASTERLY LINE THEREOF 877.49 FEET; THENCE NORTH 89048'55" WEST 160.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89048'55" WEST 163.00 FEET; THENCE SOUTH 00°09'38" WEST 108.68 FEET; THENCE SOUTH 89048'55" EAST 163.00 FEET; THENCE NORTH 00009'38" EAST 133.55 FEET TO THE TRUE POINT OF BEGINNING. PARCEL A 202104-9086 THAT PORTION OF THE NORTH HALF OF THE SOUTH HALF AND THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH 00009'38" WEST ALONG THE EASTERLY LINE THEREOF, 877.49 FEET; THENCE NORTH 89048'55" WEST 59.80 FEET TO THE WEST BOUNDARY OF PRIMARY STATE HIGHWAY NO. 1 (A.K.A. US HIGHWAY 99) AND THE TRUE POINT OF BEGINNING; THENCE CONTINUE NORTH 89048'55" WEST 100.20 FEET; THENCE SOUTH 00°09'38" WEST 133.55 FEET; THENCE SOUTH 89048'55" EAST 86.28 FEET; MORE OR LESS, TO THE WESTERLY MARGIN OF SAID PRIMARY STATE HIGHWAY NO. 1 ; THENCE NORTHERLY ALONG SAID WEST MARGIN TO THE TRUE POINT OF BEGINNING. 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O E.m mm m H d A 4 N0 O > 41 a V rOl .� V 03 A m r O -el A m a) N pa A a, x U W O'r.d ,1 44 kxV w p p Nw� mrCd ate" r y ��'l m m m A 0 4 r-1 4 w W C w • +� i'. aa) C R m E+ U E+ GL H O O rd A U �+ ;4 -0 >•r L4 to to N m u O V C.7 U�-I z ❑ ❑ w A a'oi w a ra 0.0 44 o A rn `� a d OAS • ar it N 4J u .H H UI A Qi A d z u m r+ d � a 15 E4 v� If JCIT�YOF�y 33530 1 ST WAY SOUTH Mr. Harry Horan Horan Company .1 .0 33903 Pacific Hwy South® U Federal Way, WA 98003 (253) 661-4000 FEDERAL WAY, WA 98003-6210 Re: NOTICE OF INCOMPLETE APPLICATION FOR BOUNDARY LINE ADJUSTMENT 33903 Pacific Highway South — File Number BLA99-0007 Dear Mr. Horan: May 18, 1999 The Department of Community Development Services received your application on April 20, 1999, to rearrange two existing lots into a new configuration at the above referenced site. The application materials received were: - 1. Master Application. 2. Boundary Line Adjustment Map and Text (two sheets). 3. Commonwealth Title Insurance Report. 4. Filing Fee. NOTICE OF INCOMPLETENESS Please consider this letter a Letter of Incompleteness. Pursuant to the Federal Way City Code (FWCC), the application is deemed incomplete as of the date of this letter based on the submittal requirements for a Boundary Line Adjustment (FWCC Section 22-41,43). The City of Federal Way Development Review Committee (DRC) reviewed the proposed boundary line adjustment at its May 6, 1999, meeting. SUBMITTAL REQUIREMENTS FOR COMPLETENESS The following is requested to make this Boundary Line Adjustment (BLA) application complete: • Signature of all persons with ownership interest in the subject property are not on the master land use.app.lication. A copy of the master land use application is enclosed for Richard Lyons s and Z William J. Wayman's signatures. Mr. Lyons's name is on the King County Assessor's record as owning Parcel #202104-9090 and Mr. Wayman s name is listed as co-owner with Richard and s ` Linda Carson for. -Parcel #202144-9086 (a parcel with two buildings with address at 33903 Pacific 1-11ghway South). • Two mylar drawings of the proposed BLA. �//0 Sewer and water availability certificates. 0 Lot closure calculations for the old and new lot configurations. Mr. Harry Horan May 18, 1999 Page 2 The BLA map submitted needs to be revised to show the following: 1) Show the required front, side, and rear yard building setback lines on the parcels (see FWCC Section 22-864 for yard setbacks). The minimum setbacks are 20 feet for the side and 20 feet for the rear. Front yard setbacks vary depending on site conditions. Based on existing site conditions, the most appropriate front yard setback for parcel `B" appears to be 35_ feet as no front yard landscape buffer is required where property lines are adjacent to an existing BP zone. However, to utilize the 35 foot front yard setback, no parking can be allowed in the front yard area. Otherwise, parking in the front yard area requires a,50 foot front yard setback, and there is insufficient distance between the two buildings to provide a front (50 foot) and rear yard setback (20 foot). 2) Show location of existing sewer and water service connection for Lot B and any easements required to connect these services to the parcel. 3) Parcel B must have a minimum 30 foot frontage on Pacific Highway for access to Pacific Highway. 4) The minimum lot size in the BP zone is 1.5 acres for an office -warehouse use. The new Parcel A is .29 acres and the new Parcel B is .41 acres for a total of .70 acres. Because the overall nonconformance of the two parcel lot areas (.70 acres) is not being changed by the proposed boundary line adjustment, it has been determined by staff at this time that the city can process this application. • Complete items checked in the enclosed Public Works Development Services memo and May 6, 1999, checklist. Mr. Femling's phone number is (253) 661-4196, if you have any questions concerning his memo. Please submit six complete sets of the revised BLA sheets, including a copy of the existing King County Lot Line Adjustment No. 685018. Should you have any questions, please call me at (253) 661-4120. Sincerely, W�"- Z . Marion B. Hess Senior Planner enc: Master Land Use Application Form BLA Submittal Requirements Public Works Memo Lakehaven Utility District Memo L:\PRMSYS\DOCUMENTDLA99 0007MNCOMPLT DOC c: Jim Femling, Engineering Plans Reviewer Mary Young, Lakehaven Utility District Richard L. Carson, 100700 Meridian Ave N, Seattle, WA 98188 TECHNICAL REVIEW COMMERCIAL Agenda Date: May 6, 1999 Subject: Horan BLA/BLA99-0007/Hess To: Development Review Committee From: Greg Brozek — Federal Way Fire Department FIRE APPARATUS ACCESS ROADS Fire apparatus access roads shall be provided when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility. EXCEPTION: When buildings are completely protected with an approved automatic fire sprinkler system, these provisions may be modified by the chief. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. Fire apparatus access roads: 1) Shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 2) Shall be designed and maintained to support the imposed load of a 25 ton fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. 3) Shall be not less than a 20 foot inside turning radius and not less than a 40 foot outside turning radius. 4) With a dead-end in excess of 150 feet in length shall be provided with a cul-de- sac at the dead end. All such cul-de-sacs shall be not less than 80 feet in diameter. 5) Gradient shall not exceed 12 percent. [K.C.F.D. #39 Administrative Policy Guideline No. 1006] Designated fire lanes may be required for emergency access. This may be done during the plans check or after the facility is in operation. When required, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction by parking and other obstructions. Fire apparatus access road gates shall comply with K.C.F.D. #39 Administrative Policy Guideline No. 1003 (copy attached). Fire apparatus access roads shall be installed and made serviceable PRIOR to and during the time of construction. ADDITIONAL COMMENTS THESE COMMENTS ARE VALID FOR 180 DAYS FROM REVIEW AND ONLY FOR THE PLANS REVIEWED. Greg Brozek — Assistant Fire Marshal 316171 Avenue South Federal Way, WA 98003 Phone 253-946-7241 Fax 253-946-2086 2 i ntoroff ice M E M O R A N D U M To: Marion Hess From: Jim Femling Subject: Horan BLA99-0003 33903 Pacific Highway South Date: May 6, 1999 Material submitted for review: BLA, Title Report, Federal Way De 't of Public Works Development Services Division After reviewing the materials submitted and a visit of the proposed site the following comments and findings address issues that need to be resolved prior to approving the BLA. See attached checklist and red line drawing . BLA COMMENTS The applicant will need to provide or depict on the plan all the items circled on the BLA review checklist . 2. I have made redline comments on the plan, please have the applicant revise the plan per the redline comments. Lot closer information will need to be submitted. 4. Lot 'B" will need to have frontage on public right-of-way. IACRONFILOHOMEBLAMOC LAKEHAVEN UTILITY DISTRICT 316271st Avenue South ♦ P. O. Bog 4249 ♦ Federal Way, WA 98063 CONIlVIUNITY DEVELOPMENT TECHNICAL REVIEW CONEM=E AGENDA OF: May 6, 1999 ATTN: Mr. Marion Hess Senior Planner SUBJECT: Agenda Item No. 4 - Horan Boundary Line Adjustment BLA99-0007 COAE%IENTS: A "Joint Use Side Sewer Agreement and Easement" will need to be executed to maintain the configuration of the existing side sewer serving the two existing buildings. Date: sk Iq Mary 4. Young u Development Services Supervisor Direct Line: (253) 946-5400 FAX: (253) 529-4081 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM DATE: April 22, 1999 TO: Community Development Review Committee (CDRC) Members Public Works Development Services - Traffic Engineering Public Works Development Services - Development Review Lee Bailey, Lead Plans Examiner Mary Young, Supervisor of Technical Services, Lakehaven Utility District Greg Brozek, Federal Way Fire District Dan Columbe, Cdr. , Federal Way Police Department FROM: Marion B. Hess, Senior Planner MEETING DATES: Internal meeting 5/6. FILE NUMBER: BLA99-0007 PROJECT NAME: Horan Boundary Line Adjustment (BLA) PROJECT ADDRESS: 33903 Pacific Highway South PROJECT DESCRIPTION: Rearranging two existing parcel boundaries into two different parcel boundaries as presented on the proposed BLA drawing. The zoning is BP. PROJECT CONTACT: Apex Engineering/Nick Horn @ 253-473-4494 (agent) Attachments: MLU Application (1 page) Zoning Map Title Report (PW only) BLA Plan (2 sheets) i:990007bla.dre CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT �►1 �► � : s�'I�ilul DATE: April 22, 1999 TO: Community Development Review Committee (CDRQ Members Public Works Development Services - Traffic Engineering Public Works Development Services - Development Review Lee Bailey, Lead Plans Examiner Mary Young, Supervisor of Technical Services, Lakehaven Utility District Greg Brozek, Federal Way Fire District H Waty Poli�ment FROM: Marion B. Hess, Senior Planner MEETING DATES: Internal meeting 5/6. FILE NUMBER: BLA99-0007 PROJECT NAME: Horan Boundary Line Adjustment (BLA) PROJECT ADDRESS: 33903 Pacific Highway South PROJECT DESCRIPTION: Rearranging two existing parcel boundaries into two different parcel boundaries as presented on the proposed BLA drawing. The zoning is BP. PROJECT CONTACT: Apex Engineering/Nick Horn Q 253-473-4494 (agent) Attachments: MLU Application (1 page) Zoning Map Title Report (PW only) BLA Plan (2 sheets) i:990007bla. dre r � C111 � MASTER LAND USE APPLICATION R EC E 17� E O DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES u� 33530 First Way South, Federal Way, WA 98003 R 2 ® 1999 (253) 661-4000 — Fax (253) 661-4129 � APPLICATION NO l O Fl~ � Date C) Project Name�— Property Address/Location lr,,�tt. Applicant Name: "Aqe:q �T.4:4,4 Agent Name: ��40-bo7vner Address: 36go3 PW—, p�La-j•-J • Address: Address: CGD Feom-Do...O y o 00, . -2/.,Ok Su. � Si . 1©'100 MC�►D�tlo� A .►.�: Phone: (2_53) 8S12>_0Z_53 Phone: (LG5) 472)� 44c94 Phone: (Zao) Fax: (263) 83>b--coR33 Fax: (Z53) —05qq Fax: ftcyo) 3(0l — Email: Email: i }; } Email: Signature: Signature:, Signature: V Zoning Designation ?.nlp Comp Plan Designation ESP Project Description O F LOT L\ ► q C.U� �c N.T L�/ Z>\ Q 1 C3 ► i\iG- TbVE Parcel Number(s) k V 05 0 J ❑ I o Type of Permit Required: SEPA Checklist Notice Mailed Sign Board (Refer to Development Submittal Requirements Handout) Annexation R R Binding Site Plan R R R Boundary Line Adjustment Comp Plan/Rezone R R Land Surface Modification R R Lot Line Elimination Preapplication Meeting Process I (Director's Approval) Process II (Site Plan Review) R* R Process III (Project Approval) R R R Process IV (Hearing Examiner's Decision) R Rx2 R Process V (Quasi -Judicial Rezone) SEPA Only R R Shoreline R R Variance R R R Conditional Use R R R Short Subdivision * R Subdivision R R R Variance R* R R R = Required * = Optional by City MnsTERLA FPm REVISED 611198 commonwealth l�f LAND TITLE INSURANCE COMPANY Comnu ent For Title Insurance Title insurance since 1876 R E C E WE0 APR 2 0 1999 e&ffflA. Ay COMMONWEALTH LAND TITLE INSURANCE CO. 14450 N.E. 2-9TH PLACE BELLEVUE, WA 980073697 (800) 455-1105/FAX (425) 883-6134 HORAN CO. 33903 PACIFIC HIGHWAY SOUTH FEDERAL WAY, WA 98003 Attn: HARRY CLTIC NO.: H779397 Your No. . Regarding HORAN/CARSON SECOND REPORT COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: MARCH 31, 1999 at 8:30 A.M. 2. Policy or Policies to be issued: (a) ALTA Owner Policy (10-17-92) Amount $ PRIOR TITLE STANDARD Premium: $ Tax : $ Proposed Insured: RICHARD L. CARSON and LINDA D. CARSON, husband and wife (b) ALTA Loan Policy (10-17-92) Amount $ ALTA EXTENDED MORTGAGE Premium: $ Tax $ Proposed Insured: APPROPRIATE LENDER (c) BE (e) 3. The estateor-interest in the 1 d descri Commitmen and co ed her is FEE SI r Countersigned: i RANDY B MCCRORY P o e Amount : $ Premium: $ Tax . $ Amount : $ Premium: $ Tax . $ Premium: $ Tax : $ 400000.00 1031.00 88.67 400000.00 444.00 38.18 erred to in the CLTIC NO.: H779397 4. Title to the fee estate or interest in said land is at the effective date hereof vested in: HARRY J. HORAN, as his separate estate as to Parcel A; and RICHARD A. LYONS, presumptively subject to the community interest of his spouse, if married, on date of acquiring title, as to Parcel B 5. The land referred to in this Commitment is situated in the County of King, State of Washington, and described as follows: SEE ATTACHED EXHIBIT "A-1" EXHIBIT "A-1" PARCEL A: CLTIC NO.: H779397 That portion of the North half of the South half and the south half of the south half of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the Northeast corner of said Section 20; thence South 00 degrees 09 minutes 38 seconds West along the Easterly line thereof 877.49 feet; thence North 89 degrees 48 minutes 55 seconds West 60.00 feet to the West .boundary of Primary State Highway No. 1 (ALSO KNOWN AS U.S. Highway 99) and the True Point of Beginning; thence continuing North 89 degrees 48 minutes 55 seconds West 181.00 feet; thence South 00 degrees 09 minutes 38 seconds West 108.68 feet; thence South 89 degrees 48 minutes 55 seconds East 81.00 feet; thence South 00 degrees 09 minutes 38 seconds West 24.87 feet; thence South 89 degrees 48 minutes 55 seconds East 90.00 feet, more or less, to the Westerly margin of said Primary State Highway No. 1; thence Northerly along said West margin to the True Point of Beginning; (ALSO KNOWN AS Parcel A of King County Lot Line Adjustment No. 685018). PARCEL B: That portion of the North half of the South half of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the Northeast corner of thence South 00 degrees 09 minutes 38 Easterly line thereof 877.49 feet; thence North 89 degrees 48 minutes 55 feet to the True Point of Beginning; thence continuing North 89 degrees 48 82.00 feet; thence South 00 degrees 09 minutes 38 feet; thence South 89 degrees 48 minutes 55 feet; thence North 00 degrees 09 minutes 38 feet to the True Point of Beginning; said Section 20; seconds West along the seconds West 241.00 minutes 55 seconds West seconds West 108.68 seconds East 82.00 seconds East 108.68 TOGETHER WITH an easement for ingress and egress over and CLTIC NO.: H779397 across the South 20.00 feet of the North 108.68 feet of said Parcel, A; (ALSO KNOWN AS Parcel B of King County Lot Line Adjustment No. 685018). END OF EXHIBIT "A-1" CLTIC NO.: H779397 SCHEDULE B - SECTION 1 I. The following are the requirements to be complied with: A. Instrument necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. SCHEDULE B - SECTION 2 II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. _ B. Any policy issued pursuant hereto will contain the exclusions from coverage and, under Schedule B, the standard exceptions as set forth and identified as to the type of policy on the attached schedules of Exclusions and Exceptions. C. SPECIAL EXCEPTIONS: 1. GENERAL TAXES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (lst half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No. Year Amount Billed Amount Paid Principal Balance 202104-9086-05 1998 $3,691.30 $1,845.66 $1,845.65 Levy Code: 1205 Assessed Value Land: $118,200.00 Assessed Value Improvement: $146,800.00 SURFACE WATER MANAGEMENT CHARGES for the year 1998. Billed Paid Balance $447.08 $223.54 $223.54 CLTIC NO.: H779397 CONSERVATION TAX CHARGES for the year 1998. Billed Paid Balance $5.00 $2.50 $2.50 AFFECTS: Parcel A 2. GENERAL TAXES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (ist half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No. Year Amount Billed Amount Paid Principal T- 202104-9086-05 1999 $4,360.15 $0.00 $4,360.15 Levy Code: 1205 Assessed Value Land: $129,000.00 Assessed Value Improvement: $186,000.00 SURFACE WATER MANAGEMENT CHARGES far the year 1999. Billed Paid Balance $447.08 $0.00 $447.08 NOXIOUS WEED CHARGES for the year 1999. Billed Paid Balance $0.85 $0.00 $0.85 AFFECTS: Parcel A 3. GENERAL TAXES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (ist half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No. Year Amount Billed Amount Paid Princi al 202104-9090-09 1999 $431.86 $0.00 Levy Code: 1205 Assessed Value Land: $31,200.00 Assessed Value Improvement: $ 0.00 SURFACE WATER MANAGEMENT CHARGES for the year 1999. r_ � l - -3 $181.27 $0.00 $181.27 Ba ance $431.86 CLTIC NO.: H779397 NOXIOUS WEED CHARGES for the year 1999. Billed Paid Balance $0.85 $0.00 $0.85 AFFECTS: Parcel B 4. POTENTIAL SUPPLEMENTAL ASSESSMENT FOR GENERAL TAXES in the current year and prior years on omitted improvements. The subject premises appear on the year 1999 tax rolls assessed only on the value of the land. Tax Account No.: 202104-9090-09 AFFECTS: Parcel B 5. MATTERS relating to the questions of survey, rights of parties in possession, and unrecorded lien rights for labor and material, if any, the disposition of which will be furnished by SUPPLEMENTAL REPORT. The public record discloses the current property address. to be. 33903 PACIFIC HIGHWAY SOUTH, FEDERAL WAY, WA 98003 6. DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: Harry J. Horan and Sophia A. Horan, husband and wife Washington Mortgage Servicing Corporation Puget Sound National Bank, a national banking corporation $260,000.00 May 30, 1985 June 28, 1985 8506280235 Investigation should be made to determine the present balance owed by contacting the appropriate lender/agency/individual. PARTIAL RELEASE OF DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: September 20, 1985 8509200559 RELEASES THE LIEN OF THE DEED OF TRUST FROM THE FOLLOWING DESCRIBED PROPERTY: Parcel B of King County Lot Line Adjustment No. 685018 CLTIC NO.: H779397 BY SUCCESSIVE RESIGNATIONS AND APPOINTMENTS OF TRUSTEES, THE PRESENT TRUSTEE IS DAVID R. RILEY. RECORDED: RECORDING NO.: ASSIGNMENT OF DEED OF TRUST: Assignee: Recorded: Recording No.: February 26, 1999 9902263844 Richard L. Carson August 27, 1998 9808271927 7. ASSIGNMENT OF RENTS AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: Harry J. Horan and Sophia A. Horan, husband and wife ASSIGNEE: Puget Sound National Bank DATED: May 30, 1985 RECORDED: June 28, 1985 RECORDING NO.: 8506280236 Assignee's interest was assigned by instrument. Assignee: Richard L. Carson Recorded: August 27, 1998 Recording No.: 9808271928 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: Grantor: Trustee: Beneficiary: Original Amount: Dated: Recorded: Recording No.: Harry J. Horan First American Title Insurance Company, a corporation H.V. and Anne Ward, husband and wife $45,000.00 January 13, 1989 January 18, 1989 8901180631 Investigation should be made to determine the present balance owed by contacting the appropriate lender/agency/individual. AFFECTS: 9. FILED JUDGMENT: Against: In Favor Of: Amount: Entered: King County Judgment No.: Superior Court Cause No.: Attorney For Creditor: Parcel B Harry Horan Sophia Horan $3,788.00 Not disclosed 89-9-11051-8 89-3-01924-1 Andrew Weiner 10. CLTIC NO.: H779397 TERMS AND CONDITIONS OF DECREE OF DISSOLUTION. Petitioner: Respondent: Decree Entered: Case No.: Sophia A. Horan Harry J. Horan February 12, 1991 89-3-01924-1 The decree provides, among other things, that: The Respondent, Harry Horan, shall pay the debts remaining in full to the Special Masters Stewart Clark and Robert Duffy in the amounts of $6,475 to Stewart Clark and $10,602.51 to Robert Duffy. 11. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Harry J. Horan as his sole and separate property pursuant to Decree of Dissolution entered in King County Superior Court TRUSTEE: Ticor Title Company BENEFICIARY: Barney & McAdams, P.S. -- ORIGINAL AMOUNT: $45,607.95 DATED: February 6, 1991 RECORDED: February 6, 1991 RECORDING NO.: 9102060315 Investigation should be made to determine the present balance owed by contacting the appropriate lender/agency/individual. DAVID R. RILEY was appointed successor trustee under the Deed of Trust. Recorded: Recording No.: ASSIGNMENT OF DEED OF TRUST: Assignee: Recorded: Recording No.: February 26, 1999 9902263843 Richard L. Carson and Linda D. Carson February 26, 1999 9902263845 12. JUDGMENT IN KING COUNTY. AGAINST: IN FAVOR OF: AMOUNT, as follows: CLTIC NO.: H779397 Harry J. Horan Sophia A. Horan, Mabry C. DeBuys and Andrew B. Weiner (A) $1,071.95 for attorneys' fees, costs and interest awarded to Petitioner Sophia A. Horan on November 21, 1990 is hereby affirmed (Judgment summary adds interest at 1201 per annum); (B) $2,788.00 for maintenance arrearage in favor of Sophia A. Horan, together with interest at the statutory rate from May 7, 1989 and (C) $38,500.00 for attorneys' fees and costs in favor of Mabry C. DeBuys and Andrew B. Weiner, said judgment to be secured by a Deed of Trust against property awarded to the respondent. ENTERED: February 11, 1991 KING COUNTY JUDGMENT NO.:-91-9-02811-2 SUPERIOR COURT CAUSE NO.: 89-3-01924-1 ATTORNEY FOR CREDITOR: Mabry C. DeBuys We note a partial satisfaction of judgment in the amount of $1,071.95 for attorneys' fees was filed by Sophia A. Horan on February 21, 1991. Said judgment is also filed of record in the Auditor's Office in King County under Recording No. 9903051546. 13. JUDGMENT: AGAINST: IN FAVOR OF: AMOUNT: ENTERED: KING COUNTY JUDGMENT NO. SUPERIOR COURT CAUSE NO. ATTORNEY FOR CREDITOR: Harry J. Horan Sophia A. Horan $5,000.00 plus $808.91 and $2,211.84 and $550.00; plus attorneys' fees and costs of $300.00 July 15, 1991 91-9-13869-4 89-3-01924-1 Mabry C. De Buys Said judgment is also filed of record in the Auditor's Office in King County under Recording No. 9903051547. 14. CLTIC NO.: H779397 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Harry J. Horan, as his separate estate TRUSTEE: Commonwealth Land Title Ins. Co. BENEFICIARY: Northwest Community Bank ORIGINAL AMOUNT: $49,000.00 DATED: October 7, 1991 RECORDED: November 6, 1991 RECORDING NO.: 9111060452 Investigation should be made to determine the present balance owed by contacting the appropriate lender/agency/individual. ASSIGNMENT OF DEED OF TRUST: Assignee: Commonwealth Land Title Insurance Company of Philadelphia Recorded: October 22, 1998 Recording No.: 9810221881 KRISTINE A. CHREY, Attorney at Law was appointed succes-sor trustee under the Deed of Trust. Recorded: October 22, 1998 Recording No.: 9810221882 15. JUDGMENT: AGAINST: IN FAVOR OF: AMOUNT: ENTERED: KING COUNTY JUDGMENT NO.: SUPERIOR COURT CAUSE NO.: ATTORNEY FOR CREDITOR: Hary J. Horan & Horan Company, Inc., jointly and severally William J. Wayman $38,502.25 plus $11,182.32 interest plus attorneys' fees of $1,500.00 plus costs of $165.25 plus interest at 12% per annum July 29, 1992 92-9-18790-1 92-2-07903-8 Loren D. Combs Partially satisfied in the amount of $14,512.10 on March 5, 1993. Said judgment was assigned to Winston Reed Partnership. Said assignment has been recorded under King County Recording Nos. 9711180638 and 9712041409. Said judgment is also filed of record in the Auditor's Office in King County under Recording No. 9712041408. Execution issued and levy made on March 17, 1998 under Recording No. 9803171112. 16. 17 CLTIC NO.: H779397 Said judgment was further assigned to Richard L: Carson and Linda D. Carson, husband and wife. Said assignment has been recorded under King County Recording No. 9805121276. SHERIFF'S CERTIFICATE OF PURCHASE issued pursuant to the sale of the premises in full satisfaction of the judgment and decree entered in Superior Court. Purchaser: Richard Carson and Linda Carson, husband and wife Sale Held: June 12, 1998 Sale Amount: $67,997.62 Foreclosing: The above judgment Case No.: 92-2-07903-8 SEA Recorded: September 16, 1998 Recording No.: 9809161863 AFFECTS: Parcel A DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: Harry-J. Horan, a single person Stewart Title Company Robert Malek and Kathy Malek, husband and wife $11,500.00 September 8, 1992 October 9, 1992 9210091570 Investigation should be made to determine the present balance owed by contacting the appropriate lender/agency/individual. AFFECTS: Parcels A and B 18. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Harry J. Horan, as his sole and separate property pursuant to Decree of Dissolution entered in King County Superior .Court TRUSTEE: Commonwealth Land Title Company of Washington, a Washington corporation BENEFICIARY: Ray E. Zimmerman ORIGINAL AMOUNT: $250,054.45 DATED: October 1, 1992 RECORDED: November 19, 1992 RECORDING NO.: 9211190738 Investigation should be made to determine the present balance owed by contacting the appropriate lender/agency/individual. AFFECTS: Parcel A ASSIGNMENT OF DEED OF TRUST: Assignee: Recorded: Recording No.: 19. JUDGMENT: AGAINST: IN FAVOR OF: AMOUNT: ENTERED: KING COUNTY JUDGMENT NO.: SUPERIOR COURT CAUSE NO.: ATTORNEY FOR CREDITOR: CLTIC NO.: H779397 Zimmerman Properties Limited Partnership January 6, 1993 9301060635 Harry Horan Sophia McNeil Sophia Horan $7,176.62 September 1, 95-9-22708-8 89-3-01924-1 Andrew Weiner formerly known as 1995 20. PENDING PROCEEDING IN KING COUNTY SUPERIOR COURT. Pending Action in: Superior Court Cause No.: Being an action to: Plaintiff: Defendant: Attorney for Plaintiff: Lis pendens has been filed: Recorded: Recording No.: King County 98-2-04482-9 Foreclose the Deed of Trust recorded under King County Recording No. 9111060452 Commonwealth Land Title Insurance Company of Philadelphia Harry J. Horan Kristine Ann Chrey July 9, 1998 9807090934 21. Unrecorded leaseholds, if any; rights of vendors and holders of security interests on personal property installed upon said property; and rights of tenants to remove trade -fixtures at the expiration of the term. 22, We will require the completion prior to recordation of the attached declaration by the parties named below to enable us to amend or eliminate questions of parties in possession, lien rights and/or other certain unrecorded matters. Upon receipt of this we will advise you as to further requirements if any. PARTIES: HARRY J. HORAN, as his separate estate 23. According to the application for title insurance, the proposed insured(s) is/are RICHARD L. CARSON AND LINDA D. CARSON, husband and wife. We find no pertinent matters of record against the name(s) of said party(ies). CLTIC NO.: H779397 24. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, if any, disclosed by Survey recorded under King County Recording No. 8610279015. RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 25. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, if any, disclosed by unrecorded Lot Line Adjustment No. 685018. RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 26. A physical inspection on the premises on March 6, 1991, disclosed the following: Asphalt parking lot used by subject premises appears to encroach onto northerly adjoiner 50 feet, more or less. 27. EASEMENT AND THE TERMS AND CONDITIONS THEREOF. -- Purpose: Ingress and egress Affects: Southerly portion of said premises as described therein Disclosed by: Instrument recorded under King County Recording No. 9210272854 END OF EXCEPTIONS NOTE 1: WHEN SENDING DOCUMENTS FOR RECORDING VIA U.S. MAIL OR SPECIAL COURIER SERVICE, PLEASE SEND TO THE FOLLOWING ADDRESS, UNLESS SPECIFIC ARRANGEMENTS HAVE BEEN MADE WITH YOUR TITLE UNIT: Commonwealth Land Title Insurance Company Suite 3700, Two Union Square Bldg. 601 Union St. Seattle, WA 98101 Attn: Recording Dept. COMMONWEALTH PRE -ADDRESSED ENVELOPES MAY STILL BE USED WHEN SENDING DOCUMENTS VIA TDS (TITLE DELIVERY SERVICE) TO THE ADDRESS ON THE FACE OF THIS COMMITMENT OR TO THE ABOVE ADDRESS. NOTE 2: There may be Uniform Commercial Code (UCC) Security interests filed with the Department of Licensing in Olympia affecting personal property, crops or agricultural facilities which are not covered by the policy to issue. CLTIC NO.: H779397 NOTE 3: The above captioned description may be incorrect, because the application for title insurance contained only an address and/or Parcel No. Prior to closing, all parties to the transaction must verify the legal description. If further changes are necessary, notify the Company well before closing so that those changes can be reviewed. Closing instructions must indicate that the legal description has been reviewed and approved by all parties. NOTE 4: The following may be used as an abbreviated legal description on the documents to be recorded, per amended RCW 65.04. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document. N.E. 1/4 OF STR 20-21-4 JBS/JES/erl/cgg Copies have been sent to the following: APEX ENGINEERING 2601 SO. 35TH ST#200 TACOMA, WA 98409 Attn: NICK HORN END OF SCHEDULE B Investigation should be made to determine if there are any service, installation, maintenance, or construction charge for sewer, water or electricity. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. This company is a Pennsylvania Corporation and is in no way affiliated or connected with Commonwealth Title Insurance Company or Commonwealth Title Company of Pierce County, Washington. %793 �7-d2 _3.16THr..Ir. Cep • 3err i a �y � rwr�/�lV 17M•JLM .a. i ��tt � i3~g7 �� ■��� *� � xriea sii�e� r 7• 734' BD 72 ears W F� w eL 0 Nam• 17� ■o .v_,s��is .i .ri ASV T.Ac Y er-K-at-� This sketch is provided, without charge, for your inrormation. It is not intended to show all matters related to the propem• including, but not limited to, area, dimensions, easements, en, croachments, or iocanon of boundaries. It is not a part of. nor does it modify, the commitment or poiicv to which it is attached. The Companv assumes NO LIABILITY for anv matter related to this sketch. References should be made m an accurate survey Tor turther informanon. SCHEDUL.- OF EXCLUSIONS FROM COVERAGE THE EXCLUSIONS FROM COVERAGE REFERRED TO IN PARAGRAPH 3 OF THE CONDITIONS AND STIPULATIONS ARE AS FOLLOWS: ALTA OWNER'S POLICY (10-17-92) AND ALTA LEASEHOLD location of any improvement now or herea OWNER'S POLICY (10-17-92) - ownership or a change in the dimensions or The following mailers are expressly excluded from the coverage of this policy and the is or was a part: or (iv) environmental prot Company will not pay loss or damage. costs. attorneys' fees or expenses which arise by reason laws, ordinances or governmental regulati of: enforcement thereof or a notice of a defect. I 1, (a) Any law. ordinance or governmental regulation (including but not limited to building or alleged violation affecting the land has 4. and zoning laws, ordinances. or regulations) restricting. regulating. prohibiting or relating to (i) the occupancy. use. or enjoyment of the land: (ii) [he 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 pan: or (iv) environmental protection. or the effect of any violation of these laws, ordinances or govemmental regulations. except to the extent that t a notice of the enforcement hereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental policy power not excluded by fat 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 alleged violation affecting the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Dale 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. 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. 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: (a) th— transaction creating the estate or interest insured by this policy being deerged a fraudulent conveyance or fraudulent transfer: or (h) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transler results from the failure: (i) to timely record the instrument of transfer: or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. ALTA LOAN POLICY (10-17-92) AND ALTA LEASEHOLD LOAN POLICY (10-17-92) 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: I. (a) .Any law, ordinance or governmental regulation (including but not limited to building and zoning laws. ordinances, or regulations) restricting. regulating, prohibiting or relaling to (i) the occupancy, use, or enjoyment of the land: (it) the character, dimensions or f[cr erected on the land: (iii) a separation in area of the land or any parcel of which the land cefion, or the effect of any violation of these ons, except to the extent that a notice of the ien or encumbrance resulting from a violation 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 alleged violation affecting the iand 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 to the public records at Date of Policy, but not excluding from coverage am 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 claimani: (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material): or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim [hereof. which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statuion lien for services, labor or materials over the lien of the insured mongageI arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim which arises out of the transaction creating the interest of the mortgage insured by this policy. by reason of the operation of federal bankruptcy, state insolvency, or similars figh ts laws, that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer: or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination: or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where [he preferential transfer results from the failure: (i) to timely record the instrument of transfer: or 6i) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CLTA STANDARD COVERAGE LOAN POLICY (1990) 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 I. (a) .Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relaling to to the occupancy, use, or enjoyment of the land: (it) 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 [he 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 governmentalregulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any govemmental 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 alleged violation affecting the land has been recorded in [he 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) whether or not recorded in the public records at Date of Policy, but 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 (c) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of )he indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5, Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof. which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy. state insolvency or similar creditors' rights laws. NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT, AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO 1N THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST. Form 2240-6 ('_-031(WA i SCHEDULE B EXCEPTIONS SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNERS' POLICIES - STANDARD COVERAGE AND CLTA STANDARD COVERAGE LOAN POLICY 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. Taxes or assessments which are not now payable or which are not shown as existing liens by. the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming to be in possession, thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for labor, material, services or equipment, or for contributions to employee benefit plans, or liens under workers' compensation laws, not disclosed by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. -- 7. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 8. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNERS' POLICIES - EXTENDED 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: I . Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Underground easements, servitudes or installments which are not disclosed by the public records. 3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 4. Riaht of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 5. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. Washington B 2240-6 (2-93) ISSUED By COMr. RENT FOR TITLE INSURANCE COMMONWEALTH LAND TITLE _ _ .LANCE COMPANY Commonwealth Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the company, for a valuable con- sideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its Corporate Name and Sea] to be hereunto affixed; this instrument, including Commitment, Conditions and Stipulations attached, to become valid when countersigned by an Authorized Officer or Agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: r, � / By Seeretary President I Conditions and Stipulations 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by referendkand are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PA 3 American Land Title Association Commitment - 1966 Cover Page