10-101132FILE
Federal Way
April 16, 2010
Sarah Telschow
Realcomm Ass ociates
14432 SE Eastgate Way, Suite 260
Bellevue, WA 98007
RE: File #10-101132-00-UP; VERIZON WIRELESS -SEA CEEJAY
2041 South 320 Street, Federal Way
Dear Ms. Telschow:
CITY HALL
33325 8th Avenue South
Mailing Address: PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
The City's Planning Division has completed an administrative land use review of the proposed Personal
Wireless Service Facility (PWSF) microwave antenna placement on an existing PWSF monopole located
at 2101 South 324"' Street. The Comprehensive Plan and zoning designation for the subject property is
Multi -Family Residential (RM3600). The subject property's PWSF use is permitted pursuant to Federal
Way Revised Code (FWRC 19.205.200). The Department of Community Development Services hereby
approves the Process I application.
The Process I land use approval is supported by the following statement of facts:
1. Land Use Review —According to submitted materials, the applicant proposes to add one circular
microwave antenna (28" diameter x 14" depth) to an existing monopole. The addition of one antenna
requires a Process I Master Land Use Application pursuant to FWRC review processes for
improvements and additions to developed sites.
2. Prioritized Locations — The proposed antenna will be located on an existing 120-foot PWSF
monopole originally granted land use approval prior to the 1990 incorporation of the City of Federal
Way. The project applicant has proposed the antenna placement inpriority location (B) Existing
broadcast, relay and transmission towers as the intent is to bolster coverage for that particular PWSF
location.
3. Development Standards — The proposed PWSF panel antenna's size and visual characteristics are
similar to the existing antennas attached to the monopole, thereby having negligible impacts to
surrounding land uses. The proposed antenna will extend four feet above the existing monopole and
will be placed on the east elevation.
4. Screening Standards —The proposed antenna will be similar in color to the existing PWSF. The
addition of one microwave antenna located 110 feet above average building elevation would result in
minimal visual impacts.
5. Additional Permits —An electrical permit will be required if any circuits are to be added or altered to
the existing equipment cabinet. No building permits are required for this proposal.
GIs. Tdlscho 41
April 16, 2010
Page 2
6. Process I Thresholds —The proposed improvements do not reduce required parking, landscaping,
buffering, open space, or public areas; do not change the location of utilities or easements; and create
no impacts to sensitive areas or significant trees.
APPROVAL DURATION
Per FWRC 19.15.100, the applicant must begin construction or submit a complete building permit
application within one year after the final decision. The applicant must substantially complete
construction for the development activity within five years after the final decision or the decision
becomes void. A one time extension limited to one year may be granted if a written request is submitted
to the Department of Community Development Services (33325 8th Avenue South, PO Box 9718, Federal
Way, WA 98063-9718). This request must be submitted at least 30 days prior to the expiration of the
decision.
APPEALS
This decision shall not waive compliance with future City of Federal Way codes, policies, and standards
relating to this site. The effective date of this decision is April 19, 2010 (three -days from the date of this
letter). Pursuant to FWRC 19.55.150, any person who received notice of the administrative decision may
appeal this decision to the Federal Way Hearing Examiner by May 3, 2010. Please be aware that no work
on the proposal can commence until the end of the appeal period. However, in that you are the only party
of record, you may waive your right to appeal this decision. The City must receive this waiver in writing
or via e-mail. Waiver of the right to appeal does not affect the effective date of this decision. Therefore, if
you choose to waive your right to appeal, you could begin work on the proposal as soon as the waiver is
received by the city.
CLOSING
This Process I approval does not constitute approval of an electrical permit. If you have any questions
regarding this decision, please contact David Lee, Associate Planner, at 253-835-2622 or
david.lee@cityoffederalway. corn.
Sincerely,
Greg Fewins, Director
Community Development Services
enc: Approved Site Plan
c: Scott Sproul, Assistant Building Official
David Lee, Associate Planner
10-101132
Doc I-D, 53627
41k
CITY OF
Federal Way
MASTER LAND USE APPLICATION
REC�F COMMUNITY DEVELOPMENT SERVICES
33325 8"' Avenue South
PO Box 9718
MAP 1 6,10 Federal Way WA 98063-9718
d,253-835-2607;Fax 253-835-2609
CITY op www.cilyoffederalway.com
y� �S'�"
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APPLICATION NO(S) ID 6
Project Name Verizon wireless -SEA Ceejay
Property Address/Location �,2ff/ South 324th Street
Parcel Number(s) 1621049037
Project Description
PT.F.ASE PRINT
Add one (1) two foot (2') microwave dish
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 11 (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
RM3600 Zoning Designation
Not Known Comprehensive Plan Designation
Not Known Value of Existing Improvements
$5,000 00 Value of Proposed Improvements
International Building Code (IBC):
N/A Occupancy Type
Telecom
Construction Type
Applicant
Verizon Wireless
Name:
15900 SE Eastgate Way, M/S 231
Address:
City/State:
Bellevue, WA
Zip:
98008
Phone:
Fax:
Email:
Signature:
Agent (if different than Applicant)
RealCom Associates - Sarah Telschow
Name: 14432 SE Eastgate Way, Suite 260
Address: Bellevue, WA
City/State: 98007
Phone: (425) 274-4444 ext. 114
Ph
Fax: 5) 274
Email: Ats-cha4palcom soc.com
Name:
Address:
City/State:
Zip:
Phone:
Fax:
Email:
Signature:
SELMOR HOLDINGS LTD
1571 Bellevue Avenue, Suite 210
West Vancouver BC Canada
V7V1A6
Bulletin #003 — August 18, 2004 Page I of 1 k:\HandoutsWaster Land Use Application
SEA CEEJAY �,�VOKZLWwireless
EXISTING NORTH ELEVATION We never stop working for you.,?
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COr�NERSNONE SEA CEEJAY M _"wireless
�� EXISTING EAST ELEVATION We never stop working for you.
ORIGINAL
SEACEEJAYI
OPTION AND LEASE AGREEMENT
This Option and Lease Agreement ("Agreement") is made as of the 3rd day of
November, 1994, between Lessor and Lessee. The Lessor is Belmor Holdings, Ltd., a
British Columbia, Canada Corporation and the Lessee is Seattle SMSA • Limited
Partnership.
A. Lessor is the owner of certain real property located in the County of King
State of Washington , described in Exhibit A attached hereto and made a part hereof
by this reference (the "Property').
B. Lessee desires to obtain an option to lease a portion of the Property to be
determined by Lessee, consisting of approximately 3,000 square feet (the "Premises")
as well as rights -of -ways and easements for ingress, egress, and utilities thereto.
The Premises are described in Exhibit A attached hereto and made a part hereof by
this reference. The Premises may be more specifically described following a survey
which may be obtained at a later time.
1. Basic Information. In addition to the terms that are defined elsewhere in this
Agreement, the following terms are used in this Agreement:
(a) Premises: the Premises located at 2101 South 324th Street
Federal Way, Washington 98003;
and consisting of approximately 3,000 square feet
of real property located in the northeastern corner
of the recreational vehicle storage area that is
located in the southeastern corner of the Belmor
Mobile Home Park Golf & Country Club. Said
recreational vehicle storage area is bound by 24th
Avenue South to the west, Interstate-5 to the east
and Oakland Hills Boulevard to the north and is more
particularly described as being located within
Assessor's Parcel 162104-9037, County of King,
State of Washington.
(b) Lessor: Belmor Holdings, Ltd., a British Columbia, Canada
Corporation
(c) Lessor's Address: Belmor Holdings, Ltd.
c/o Stephen Hynes
1571 Bellevue Avenue, Suite 210
West Vancouver, British Columbia V7V 1A6
Telephone: (604) 922-4161
1
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(d) Lessor's Rent Payee: Belmor Park Joint Venture
Address: Belmor Holdings, Ltd.
c/o Stephen Hynes
1571 Bellevue Avenue, Suite 210
West Vancouver, British Columbia V7V' 1 A6
Tax ID#
Telephone: (604) 922-4161
(e) Lessee: Seattle SMSA Limited Partnership
(f) Lessee's Address:
c/o US WEST NewVector Group, Inc.
3350 - 161st Avenue Southeast
Bellevue, Washington 98008-1329
P. O. Box 91211
Bellevue, WA 98009-9211
Attention: Real Estate and Construction - Mail Stop 581
Telephone: (206) 747-4900
(g) Option Period: 12 months, beginning on the Effective Date.
(h) Option Payment:
(i) Commencement Date: the commencement date of the Lease, set
forth in Lessee's Notice of Exercise of the Option which shall not
be later than the last day of the Option Period.
(j) Expiration Date: the date preceding the 5th anniversary of the
Commencement Date, or as extended pursuant to section 9.
(k) Rent:
(1) Renewal Terms: four (4) consecutive periods of five (5) years
each, beginning on the date following the Expiration Date (without
extension).
2. Option Grant. In consideration of the Option Payment to be paid by Lessee
to Lessor after execution of this Agreement by both parties, Lessor hereby grants to
Lessee the right and option (the "option") to lease the Premises on the following
terms and conditions. The date on which this Agreement has been executed by both
Lessor and Lessee shall thereafter be the "Effective Date" of this Agreement.
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3. Exercise of Option_ The Option may be exercised by Lessee at any time
during the Option Period by notice from Lessee to Lessor. Lessee's Notice of Exercise
of the Option which notice shall state the Commencement Date. Upon exercise of the
Option the Premises shall be subject to the Lease.
Lessee may extend the Option Period an additional one year, by giving
notice to Lessor prior to the expiration of the Option Period and making an additional
payment equal to the Option Payment. The time during which the Option may be
exercised may be further extended by mutual agreement of the parties.
4. Termination of Option. If Lessee fails to exercise this Option within the
Option Period, including any extension thereof, all rights and privileges granted in this
Agreement shall be deemed completely surrendered, this Option shall be terminated,
and Lessor shall retain all money paid for the Option, and no additional money shall be
payable by either party to the other.
5. Legal Description. Lessor grants Lessee the right, but not the obligation, at
any time during the term of this Agreement, to obtain a survey of the Premises at
Lessee's expense. The legal description that may be derived from the survey will
become Exhibit B which will be attached hereto and made a part hereof, and shall
control in the event of any inconsistency between it and Exhibit A.
6.
Right of Entry. Lessor shall permit
Lessee, during
the Option Period or
extension
thereof, free access to the Property
and Premises,
at Lessee's cost, to
conduct
surveys, subsurface boring tests,
feasibility and
final configuration -
assessments,
environmental assessments, and
other inspections
of the Property and
Premises
as Lessee may deem necessary. At
the expiration of
the Option Period or
any extension
thereof, if Lessee has not exercised its Option, Lessee will restore the
Premises
to their original condition at the Effective Date, reasonable wear and tear
excepted.
7. Lease Term. The term of this lease ("Lease") shall begin on the
Commencement Date and shall expire on the Expiration Date. Beginning on the
Commencement Date, Lessor shall deliver possession of the Premises to Lessee,
together with the non-exclusive right for ingress and egress, seven (7) days a week,
twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the
installation and maintenance of utility wires, cables, conduits, and pipes over, under, or
along a twenty -foot -wide right-of-way and easement extending from the nearest
public right-of-way (South 324th Street and/or 24th Avenue South) to the Premises
which Lessee shall use with due care. Lessor shall have the opportunity to relocate
the twenty -foot -wide right-of-way and easement from either South 324th Street
and/or 24th Avenue South to the Premises at their expense in the future so long as
the Lessee's right for ingress, egress, and utilities is not interrupted and/or impaired.
Lessor agrees to execute without delay any easement documents as may be required
by any utility company in connection with Lessee's use of the Premises.
3
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8. Rent. Each month during the Lease term, Lessee shall pay the Rent to the
name and address specified as Lessor's Rent Payee.
9. Right to Extend. Lessee shall have the right to extend the term of this Lease
for the Renewal Terms and, at the end of the fourth (4th) Renewal Term, - for an
additional period of one year, and for annual periods thereafter.
Notice of the exercise of the right to extend the term shall be given by
Lessee to Lessor at least six (6) months before the end of each such period.
Notwithstanding the foregoing, the Lease may be terminated during any
of the one-year renewal periods by either party giving notice to the other at least 60
days before the end of such period.
10. Renewal Rental. Each month during the first five-year extension term
Lessee shall pay monthly rent in the amount of - -
and no/100+ 1; each month during the second five-year extension term Lessee
shall pay monthly rent in the amount of and
no/100; each month during the third five-year extension term Lessee shall
pay monthly rent in the amount of - - and
no/lW"! each month during the fourth five-year extension term Lessee
shall pay monthly rent in the amount of
and no/100(, During any one-year extension following the
fourth five-year extension, the annual rental shall be
and no/10% and shall continue to be paid in equal
monthly installments.
11. Lessee's Use. Lessee shall use the Premises for the purpose of
constructing, maintaining, and operating a communications facility and uses incidental
thereto (the "Facility") consisting of an equipment shelter together with an antenna
structure and necessary connecting appurtenances sufficient to be a fully operable
Facility in its intended licensed communications coverage areas. The contents of the
equipment shelter may include, without limitation, radio transmission and computer
equipment, batteries and generator equipment. A security fence consisting of chain
link or comparable construction will be placed around any improvements constructed
on the Premises by Lessee. All improvements shall be at Lessee's expense. Lessee
shall maintain the Premises in reasonable condition.
In addition, in the event of a natural or man made disaster, in order to
protect the health, welfare and safety of the community, Lessee may erect additional
telecommunications facilities and install additional equipment on a temporary basis on
the Property to assure continuation of service.
Lessee hereby consents to the use of Lessor's Property by another
communication provider for the erection, operation and maintenance of a
4
r
transmission facility (including an antenna structure) so long as (a) Lessor provides
not less than 60 days' prior notice to Lessee of the erection of such facility together
with facility specifications for Lessee's approval, (b) the antenna structure shall be
erected a distance of not less than 20 feet, vertically and horizontally, from Lessee's
antenna structure, (c) the erection, maintenance and operation of such transmission
facility shall not result in any impairment or diminution in the quality - of the
communications service rendered by Lessee to or from the Property, and (d) no
changes shall be made to the antenna structure of such other provider without
Lessee's prior written consent, which consent shall not be unreasonably withheld. If
Lessee deems, in its sole discretion, that the provisions of this section have been
violated by Lessor or such other provider, Lessee shall provide Lessor with notice of
such violation. If such violation is not cured or mitigated (at no expense to Lessee)
within 24 hours of receipt of such notice, Lessor shall cause such other provider to
immediately cease use of its radio system, or portion thereof causing such
interference, until such time as the interference is cured. Lessor shall require that any
agreement with such other provider shall include a provision requiring compliance by
such other provider with the provisions of this section.
12. Indemnification: Both during the Option Period and during the term of the
Lease, the Lessee shall indemnify and hold Lessor harmless against any claim of
liability or loss from personal injury or property damage caused by the negligence or
willful misconduct of the Lessee, its servants or agents except to the extent that such
claims or damages may be due to or caused by the negligence or willful misconduct of
the Lessor, its servants, agents, or any other party for whom Lessor may be
responsible.
13. Termination. This Agreement may be terminated, without any penalty or
further liability, on 30 days' written notice as follows: (a) by either party on default of
any covenant or term hereof by the other party, which default is not cured within 60
days following receipt of notice of default (without, however, limiting any other rights
available to the parties pursuant to any other provisions hereof): (b) by Lessee if it is
unable to obtain or maintain any license, permit or other governmental approval
necessary to the construction or operation of the Facility or Lessee's business; or (c)
by Lessee if the Premises are or become unacceptable to Lessee under Lessee's
design or engineering specification for its Facility or for the communications system to
which the Facility belongs. In the event of items 13. (b) and/or 13 (c) above, the
Lessor retains the fees received.
No later than 60 days after the termination of this Agreement, by
expiration of the term or otherwise, Lessee will remove its personal property and
fixtures and restore the Premises to their condition on the Effective Date, reasonable
wear and tear excepted. If time for removal causes Lessee to remain on the
Premises after termination of this Lease, Lessee shall pay rent at the then existing
monthly rate or the existing monthly pro rata basis if based on a longer payment
term, until such time as the removal of the personal property and fixtures is
completed. At Lessor's option, which shall be exercised by written notice to the
5
40
Lessee no later than 60 days prior to the termination of this Lease, Lessee will leave
the foundation and security fence which shall become the property of Lessor.
14. Insurance. Lessee agrees to maintain general liability insurance for claims
for bodily injury or death and property damage with combined single limits of not less
than $ - combined single occurrence limit. The Borrower and Lender are
listed as additional insured.
15. Utilities and Taxes. Lessee will be responsible for all utilities required by its use of
the Premises. Lessee may at any time arrange to have its utilities separately metered
or will pay its proportionate share of utilities furnished by Lessor.
Lessee will pay any increase in real estate taxes caused by the
improvements constructed thereon by Lessee. In the event that the real estate tax
assessment on Lessor's property reflects Lessee's improvements, Lessor agrees to
provide to Lessee in a timely manner a copy of the assessment. Lessee may contest,
at its expense, any assessment imposed on the premises or Lessee's activities.
16. Title and Quiet Enio ment. Lessor represents and warrants to Lessee that
(a) Lessor has full right, power, and authority to execute this Agreement, and will
provide Lessee with evidence of such authority; (b) Lessor has good and marketable
title to the Premises free and clear of any liens or mortgages except those matters
which are of public record as of the Effective Date; and (c) there is direct legal ingress
and egress to the Premises for Lessee's use for vehicles and pedestrians from a
public right-of-way. Lessor further covenants that Lessee shall have quiet enjoyment
of the Premises during the term of this Agreement and any renewal thereof. For any
encumbrance which is a matter of public record Lessor will promptly obtain from such
encumbering entity a non disturbance agreement stating that, so long as Lessee is
not in default hereunder, this Agreement will continue in full force and effect.
Lessor agrees to
notify Lessee immediately if at any time during the
term of this Agreement, Lessor decides to subdivide, sell, or change
the status of the
Premises or
the Property, or
if Lessor learns of any pending
or threatened or
contemplated
actions, litigation,
claims, condemnations, or other
proceedings which
would affect
the Premises or
any part of the Premises, or
any land use or
development
proposals affecting property in the vicinity of the
Property of which
Lessor receives actual Notice.
17. Environmental Matters.
(a) Lessee will be solely responsible for and will defend, indemnify, and
hold Lessor, its agents, and employees harmless from and against any and all direct
claims, costs, and liabilities, including attorney's fees and costs, arising out of or in
connection with the cleanup or restoration of the Premises associated with the
Lessee's use of Hazardous Materials. The Lessee will also indemnify fterLender for Hazardous Materials arising from Ore use of the easement.NR1AL
6 its
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(b) Lessor will be solely responsible for and will defend, indemnify, and
hold Lessee, its agents, and employees harmless from and against any and all direct
claims, costs, and liabilities, including attorney's fees and costs, arising out of or in
connection with the removal, cleanup, or restoration of the Premises with respect to
Hazardous Materials from any and all sources other than those Hazardous Materials
introduced to the Premises by Lessee.
•(c) "Hazardous Materials" means asbestos or any hazardous
substance, waste, or materials as defined in any federal, state, or local environmental
or safety law or regulation including, but not limited to, CERCLA.
The obligations of this section shall survive the expiration or other
termination of this Agreement.
18. Successors and Assig-ns. This Agreement shall run with the Property and
shall be binding on and inure to the benefit of the parties, their respective successors,
personal representatives and assigns.
19. Complete Agreement. It is hereby mutually agreed and understood that
this Agreement contains all agreements, promises, and understandings between
Lessor and Lessee and that no other agreements, promises, or understandings shall
or will be binding on either Lessor or Lessee in any dispute, controversy, or proceeding
at law, and any addition, variation, or modification to this Agreement shall be void
and ineffective unless in writing and signed by the parties hereto.
20. Applicable Law. This Agreement and the performance thereof shall be
governed, interpreted, construed, and regulated by the laws of the state in which the
Premises are located.
21. Notices. All notices and other communications required or permitted under
this Agreement shall be in writing and shall be given by United States first class mail,
postage prepaid, registered or certified, return receipt requested, or by hand delivery
(including by means of a professional messenger service) addressed to the party for
whom it is intended at its address set forth in section 1. Any such notice or other
communication shall be deemed to be effective when actually received or refused.
Either party may by similar notice given change the address, to which future notices or
other communications shall be sent.
22. Disputes. Any claim, controversy, or dispute arising out of this Agreement
shall be settled by arbitration in accordance with the applicable rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator
may be entered in any court having jurisdiction thereof. The arbitration shall be
conducted in the county where the property is located.
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23. Recording. Lessor shall execute and Lessee shall be permitted to record at
any time a memorandum of this Agreement. Lessee shall also be permitted to record
a notice of exercise of the Option, which shall evidence the commencement of the lease
concurrent with the exercise of the Option as provided for herein. If the Option is not
exercised or if the lease portion of this Agreement is terminated prior to the
expiration of its term, Lessee shall record an appropriate instrument to clear the
memorandum from the title to the Property.
IN WITNESS WHEREOF, the parties hereto have set their hand and affixed their
respective seals the day and year first above written.
LESSOR: BELMOR HOLDINGS, LTD., A BRITISH COLUMBIA,
CAI ADA CORPORA ION
By:Its:
Taxpayer ID# 91-0986868
Date:
LESSEE: SEATTLE SMSA LIMITED PARTNERSHIP, by US WEST
NewVector Group, Inc. its General Partner
By. a
Its: lbe-d4r Engineerin��elyiCPc
Date: _ tD
CORPORATE ACKNOWLEDGMENT
WOF PROVINCE OF BRITISH COLUMBIA)
)ss.
AWN5U(,*R CANADA )
On this day of �w 4 XA-,, 1944, before me personally appeared
STEPHEN A HYNES , to me known to be the PRESIDENT
of BELMOR HOLDINGS LTD.
the corporation that executed the within and foregoing instrument,
and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the
uses and purposes therein mentioned, and on oath stated that he was authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
CHRISTINE ELLIOTT
BOX 49304, FOUR BENTALL CENTRE
SUITE 3354 _ 1055 DUNSMUiR ST
VANCOUVER. B.C.
V7X 10 682.9555
SOLrcrro;
6AivV—
Notary Public in and for theme Province of British Columbia
residing at 1k," 40 /�Ir. 9.6
My appointment expires: 0 7-H
PARTNERSHIP ACKNOWLEDGMENT
STATE OF WOr5F1_T+jUTDr,] )
)ss.
COUNTY OF _ -j C:� I
On this cq�ttl�'day of Jan c. a r�J , 1 !flS, before me personally appeared
Roger 97ufflan to me known to be the i
of U S Wa(-1 14e jVe --h*-
-� —� the general partner of M5A Lrmi
CO PjVjjJ0e5HXr
the partnership that executed the within and foregoing instrument, and acknowledged said instrument to be
the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on
oath stated that e- was authorized to execute said instrument and that the seal affixed, if any, is the
seal of said partnership.
IN WITNESS WHEREOF,
first above written.
1111'*
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to set my hand and affixed my official seal the day and year
T
rsiding at
My appointment
Marta Rego
e State of
LEGAL DESCAlPTIO. EXHIBIT A SEACEEJAYI
r
The Southeast quarter of the Northwest quarter and those portions of the Southwest
quarter of the Northeast quarter and of the Northwest quarter of the Southeast
quarter lying West of the center line of Interstate Highway No. I-5, in Section 16,
Township 21 North, Range 4 East W.M., in King County, Washington;
EXCEPT portions condemned under Judgment and Decree of Appropriation in King County
Superior Court Cause No. 533169;
TOGETHER WITH easement rights for drainage as granted by the State of Washington
under King County Recording No. 6126131;
EXCEPT West 30 feet of the Northwest quarter of the Southeast quarter deeded to King
County for road by King County Recording No. 6118778;
Situate in the County of King, State of Washington.
1
North
Note: Sketch not
to scale;
All distances ar
approximate.
ll
20-Foot wide Ingress,
Egress, and Utilities
Easement. Located within
;,
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Relmor Mobile Home Park'sl+
Existing Private Roadways"
1`
Total US WEST NewVector
Group, Inc, leasehold are&'
IS 3,000 square -feet.
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PROJECT DESCRIPTION
INTRODUCTION
Verizon Wireless (here after referred to as "Verizon") is a wireless telephone company operating
throughout the United States of America. Verizon is licensed to operate in die United States by
the Federal Communications Commission (FCC). Verizon is currently expanding its network in
the King County area to make available improved telephone service and provide wireless capacity
to its subscribers.
This proposal describes the scope of the proposed project by providing specific information
regarding the project location, zoning, specifications, and required services.
It is Verizon's desire to work with the City of Federal Way to ensure that this project is consistent
with local ordinances and zoning regulations while providing wireless coverage to Verizon's
customers and provide critical communication services for emergency, business, and personal use.
Project Goals
The goal of the Verizon SEA Ceejay Site is to upgrade Verizon's existing network to provide better
telephone service. Verizon intends to achieve these network goals consistent with all policies and
ordinances of the City of Federal Way.
Application Request Plan
The applicant is requesting the following:
■ Type I Land Use Review
■ Commercial Building Permit
RECEIVED
MAR 18 2010
CM.' OF FEDERAL WAY
Verizon Wire%ss CDS
sFA Ceejay
Page 1
GENERAL PROJECT DESCRIPTION
Project Overview
The applicant, Verizon, proposes to add one (1) new two foot (2) microwave dish to their existing
approved telecommunication facility located at 2101 South 324th Street Federal Way, Washington
(A.P.N. 1621049037).
Facility Specifications
■ Facility Maintenance - The facility is generally serviced once a month. One (1) to two (2)
employees are on site for an average of four (4) hours of maintenance checks. This check
is typically for preventive maintenance purposes. In the event of a problem, a crew is
dispatched to the site immediately.
■ Microwave Dish - Verizon is proposing to add one (1) new two foot (2) microwave dish to
their existing approved telecommunication facility. Please see Sheet A-2 for more detailed
information.
GENERAL SITE ANALYSIS
Zoning General Plan Designation
The property is zoned RM3600. According to the Federal Way Revised Code (FWRC)
19.220.120 the proposed microwave dish addition would require the review and approval of a
Type I Land Use Review and Commercial Building Permit:
The fob■ig uses abet be Kvm ted into ms/6fw* resldCrfW (RM) — sibject to the rmLishom and rotes setforth in Uis secbm
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David Lee has indicated that because the proposed modification is on an established wireless
telecommunication facility, only a Type I Land Use Review would be required. Accordingly,
Verizon Wireless is requesting the review and approval of a Type I Land Use Permit for the
proposed minor modification.
Development Standards
According to the FWRC 19.255.020:
The lollowhig detelopnient stmAnds shall be lollomed in the des1g1, siting, mid
construction ol'a personal ttireless senwe facility.•
Vefizwl Wheless
SEA Ceepy
Page 3
(1) Budding- or structure -mounted PWSFs on exiistiug builrliuv or structures m
or out of the public right -of -Kay. PWSFs mounted on existing buiidiggs and
structures shall confwm to the following development standards:
(i) The PWSFsllall consist only of'the lollovaing types of'facilities:
(i) A microcell or a minor lirilily; or
(ii) A PWSF drat exceeds the nunor facility thresholds for number of
antennas, dimensions, and/or area, but creates no more adverse
impacts than a minor facdhty, as determined by the director of
community dev 4opmeut services, subject to meeting- all of the
following stvhdards:
(A) The hriky shall not create substantially more adverse visual
impact than a minorfacility; and
(B) The equipment cabinet for the PWSF shall meet all
requirements of'subsection (4) oftus sertiorh; and
(C) The maximum size of the PWSF panels and number of
.utennas shall be determined by the director of community
development services, based on the specific project location,
surrounding environment, and potential visual impacts; and
(D) The PWSF shall comply raith all other apinlriable standards of
the Feden d Way Revised Code.
(h) The combined antennas and supporting structure may extend up to, but
not exceed, 15feel above the existing orproposed rool'or other structure
nrgarrllcss of whether the existing- structure is in conformance with the
existing maximum height of the underlying zone as outhihed in the use
zone clharts, FWRC Tide 19, Division VI, f�oniq-Regulations. Anteruhas
may be mounted to roollop appurtenances, as identified n FWRC
19.110.070, provided they do not extend beyond 15 feet above the
maximum height of tie structure as defined per FWRC 19.05.080, H
delin itiom ..
Verizon Wireless's proposed two foot (2) microwave dish meets all of the above standards.
Federal Requirements
Verizon proposed telecommunication facility will meet or exceed current standards and
regulations of the FAA, the FCC, and any other agency of the Federal government with the
authority to regulate towers and antennas.
Verizon's site will conform to all FAA/FCC regulations, and because the maximum ERP is less
than two thousand (2,000) watts and/or the height of the facility is greater than ten meters (10m), an
environmental evaluation of radio frequency emissions is exempted per CFR Title 47 Part 24,
Subpart E.
Verizon has a license from the FCC to provide wireless telecommunication services in the Puget
Sound region.
Existing Use
The property has existing telecommunication facilities.
Veriwn Wireless
SEA Ceejay
Page 4
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Parcel Number 1621049037
Address 2101 S 324TH ST
Zipcode 98003
Taxpayer BELMOR HOLDINGS LTD
The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without
inotice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the
vse of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including,
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The details.
RECEIVED
MAR2016
CDS
1 of 1 2/23/2010 3:46 PM
VICINITY MAP
PRC+JECT NAME: SEA Ceejay
PROJECT ADDRESS: 2101 South 324th Street
PROJECT PARCEL NUMBER: 1621049037
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Velvon Wireless UfY 'OF FEDERAL WAY
SEA Ceejay ',iM
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Namc NoRTt lNVF:.ST TITLE. C,021kAPANY
215 Columbia Street
Seattle, WA 98104
(206)622-1040
(206)343-1358 FAX
COMMITMENT FOR TITLE INSURANCE ISSUED BY
PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC.
PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC., a Washington corporation,
herein called the Company, for a valuable consideration, 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 in the land described or referred to in Schedule A, upon
payment of the premiums and charges and compliance with the Requirements; all subject to the
provisions of Schedules A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs,
provided that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or
authorized signatory.
IN WITNESS WHEREOF, Pacific Northwest Title Insurance Company, Inc. has caused its corporate
name and seal to be affixed by its duly authorized officer and signatory on the date shown in
Schedule A.
w�
PACIFIC
NQRTI Ii�vE.S"1' rl` TL.E
Insurw-Ace Cvmpamv, Inc.
President
t�iL IRS�9 Countersigned by:
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Authorized Signatory RECEIVED,
ay4 '•:•• �9Z6,, •y
Pacific Northwest Title Company
1llGt�� Company MAR18 0l0
215 Columbia Street, Seattle, WA 98104 0q ., r. rr. :J�f/��,
City, State CDS,
American Land Title Association Commitment — 2006 (Rev.6/06)
Page 1 - Order No. 1108313
Pacific Northwest Title Company
Pacific Northwest Title Company
215 Columbia Street
Seattle, WA 98104
Title Officer, Curtis Goodman (curtisgoodman@pnwt.com)
Assistant Title Officer, Rob Chelton(robchelton@pnwt.com)
Unit No. 12
FAX No. (206)343-1330
Telephone Number (206)343-1327
A.L.T.A. COMMITMENT
RealCom Associates, LLC
14432 SE Eastgate Way, Suite 260
Bellevue, WA 98007
Attention: MaryLee Pohl
1
2
3
4.
5.
SCHEDULE A
Effective Date: February 04, 2010 at 8:00 A.M.
PACIFIC NORTHWEST TITLE INSURANCE COMPANY
Policy or Policies to be issued:
Title Order No.: 1108313
Customer Ref: SEA Ceejay
PREMIUM
ALTA Owner's Policy Liability Amount: $TBD $ TBD
Standard Tax: $ TBD
Rate: General Schedule Rate
Proposed Insured: To Follow
Work Charge Amount: $ 450.00
Tax: $ 0.00
The estate or interest in said land described or referred to in the Commitment and covered herein is:
FEE SIMPLE
Title to the said estate or interest in said land is at the effective date hereof vested in:
Belmor Holdings Ltd., a British Columbia, Canada corporation, as Trustee pursuant to that certain Joint
Venture Agreement and Supplemental Agreement dated March 31, 1977
See Special Exception Number 13 regarding execution of the forthcoming document(s) to be insured.
The land referred to in this Commitment is in the City of Federal Way, County of King, State of Washington,
and is described as follows:
SEE EXHIBIT A ATTACHED
Page 2 -Order No. 1108313
Pacific Northwest Title Company
EXHIBIT A
Order No.: 1108313
Legal Description:
The southeast quarter of the northwest quarter and those portions of the southwest quarter of the northeast quarter
and of the northwest quarter of the southeast quarter lying west of the centerline of Interstate Highway No. I-5, in
Section 16, Township 21 North, Range 4 East, W.M., in King County, Washington;
Except portions condemned under Judgment and Decree of Appropriation in King County Superior Court Cause
Number 533169;
Except the west 30 feet of the northwest quarter of the southeast quarter deeded to King County for road by King
County Recording Number 6118778.
Property Address:
2101 South 324th Street
Federal Way, WA 98003
Tax Account Number:
162104-9037-01
* * * END OF EXHIBIT A * * *
Page 3 -Order No. 1108313
Pacific Northwest Title Company
A.L.T.A. COMMITMENT
Order No.: 1108313 SCHEDULE B
I. The following are the requirements to be complied with:
A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and
duly filed for record.
B. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
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. GENERAL EXCEPTIONS:
1. Taxes or assessments 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.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by
an inspection of said land or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances 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 would disclose, and which are not shown by the public records.
5. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter famished,
imposed by law and not shown by the public records.
6. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance
thereof, (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or
(C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal
Rights, including easements or equitable servitudes.
7. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer,
water, garbage or electricity.
8. Any title or rights asserted by anyone including but not limited to persons corporations, governments or other
entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or
lands beyond the line of the harbor lines as established or changed by the United States Government.
C. SPECIAL EXCEPTIONS: As on Schedule B attached.
Page 4 - Order No. 110 83 13
Pacific Northwest Title Company
SCHEDULE B - continued
Order No.: 1108313
SPECIAL EXCEPTIONS:
1. Payment of Real Estate Excise Tax, if required.
The property described herein is situated within the boundaries of local taxing authority of City of Federal Way.
Present Rate of Real Estate Excise Tax as of the date herein is 1.78%.
2. Taxes for the year 2010. The first half becomes delinquent after April 30th. The second half becomes delinquent
after October 31 st.
Tax Account No.:
162104-9037-01
Levy Code:
1205
Total Assessed Value:
$
9,983,900.00
Assessed Land Value:
$
5,465,900.00
Assessed Improvement Value:
$
4,518,000.00
2010 Total Tax Principal:
$
134,745.75
1st Half
Amount Billed:
$
67,372.88
Amount Paid:
$
0.00
Amount Due:
$
67,372.88
2nd Half
Amount Billed:
$
67,372.87
Amount Paid:
$
0.00
Amount Due:
$
67,372.87
2010 Remaining Balance:
$
134,745.75
3. Deed of Trust and the terms and conditions thereof:
Grantor:
The Belmor Park Joint Venture, a British Columbia, Canada joint venture,
and Belmor Holdings Ltd., a British Columbia, Canada corporation
Trustee:
Chicago Title Insurance Company
Beneficiary:
The Variable Annuity Life Insurance Company, a Texas corporation
Amount:
$16,000,000.00
Dated:
March 2, 2006
Recorded:
March 10, 2006
Recording No.:
20060310000707
The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or
assumed should be ascertained from the holder of the indebtedness secured.
Page 5 -Order No. 1108313
Pacific Northwest Title Company
4
5
6.
F
8.
9.
Financing Statement and the terms and conditions thereof:
Secured Party: The Variable Annuity Life Insurance Company
Debtor: The Belmor Park Joint Venture
Covers: Personal property and fixtures located on
property herein described
Recorded: March 10, 2006
Recording No.: 20060310000708
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.
Memorandum of Lease:
Lessor:
Grace Hogan
Lessee:
American Meter Machine Corporation, a Washington corporation
Dated:
June 24, 1991
Recorded:
August 30, 1991
Recording No.:
9108301038
Memorandum of Lease:
Lessor:
Belmor Holdings, Ltd., a British Columbia, Canada corporation
Lessee:
Seattle SMSA Limited Partnership
Dated:
November 3, 1994
Recorded:
April 27, 1995
Recording No.:
9504270096
Notice of Exercise of Option:
Recorded: December 19, 1995
Recording No.: 9512190752
Notice of Limited Consent:
Recorded: April 12, 1996
Recording No.: 9604121213
Memorandum of Lease;
Lessor: Belmor Holdings, Ltd., a British Columbia, Canada corporation, as
Trustee under Declaration of Trust, dated March 31, 1977
Lessee: AT&T Wireless Services of Washington, Inc., an Oregon corporation,
doing business as AT&T Wireless Services
Dated: November 25, 1996
Recorded: November 27, 1996
Recording No.: 9611272473
Page 6 - Order No. 1109313
Pacific Northwest Title Company
10.
11
12
13-
Unrecorded Lease:
Lessor: Belmor Holdings, Ltd., a British Columbia, Canada corporation
Lessee: AT&T Wireless Services of Washington, Inc., an Oregon corporation, dba
AT&T Wireless Services
Disclosed By: Ratification and Non -Disturbance recorded under Recording Number
9706120238
Memorandum of Sublease:
Sublessor: Seattle SMSA Limited Partnership
Sublessee: American Tower Delaware Corporation
Recorded: April 26, 2000
Recording No.: 20000426000691
Memorandum Agreement and the terms and conditions thereof:
By and Between:
American Tower Delaware Corporation, a Delaware corporation, and
AT&T Wireless Services of Washington, LLC, an Oregon limited liability
company, d/b/a AT&T Wireless, by AT&T Wireless Services, Inc., a
Delaware corporation
Recorded:
November 25, 2002
Recording No.:
20021125000381
Regarding:
That certain Master Tower Space Reservation and License Agreement
dated March 29, 1999
Information available to the Company, but not of public record, indicates that as of March 2, 2006 :
Stephen A. Hynes
may sign on behalf of:
Belmor Holdings, Ltd, and/or The Belmor Park Joint Venture
If there has been any change in the corporate/limited liability agreement authorization, please notify your Title
Officer prior to execution of the forthcoming instrument.
Right to purchase, if any, as may be held by a "Qualified Tenant Organization" pursuant to Chapter 59.23 RCW.
Until the amount of the policy to be issued is provided to us, and entered on the commitment as the amount of the
policy to be issued, it is agreed by every person relying on this commitment that we will not be required to approve
any policy amount over $100,000, and our title liability under this commitment shall not exceed that amount.
Title is to vest in persons or entities not yet revealed and when so vested will be subject to matters disclosed by a
search of the records against their names.
Matters disclosed on a survey recorded under Recording Number 7711169007.
Matters disclosed on a survey recorded under Recording Number 8610139002.
Matters disclosed on a survey recorded under Recording Number 8802229003.
Page 7 - Order No. 1108313
Pacific Northwest Title Company
20, Exceptions and reservations contained in deed from the State of Washington, whereby the Grantor excepts and
reserves all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working
the same and providing that such rights shall not be exercised until provision has been made for full payment of all
damages sustained by reason of such entry; recorded under Recording Number 4980401.
21
22
23
24
NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral
lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved.
Right of State of Washington or its successors, subject to payment of compensation therefor, to acquire rights of
way for private railroads, skid roads, flumes, canals, water courses or other easements for transporting and moving
timber, stone, minerals and other products from this and other property, as reserved in deed referred to above.
Easement and the terms and conditions therein, including, but not limited to, the following:
Grantee: Olympic Pipe Line Company, a Delaware corporation
Purpose: A pipeline for the transportation of oil and gas, and the products thereof,
water, or any other fluid or substance
Area Affected: Portion of the southeast quarter of the northwest quarter and other
property
Recorded: November 13, 1964
Recording No.: 5811357
The description contained therein is not sufficient to determine its exact location within the property herein
described.
Easement and the terms and conditions therein, including, but not limited to, the following:
Grantee: Puget Sound Power & Light Company, a Washington corporation, and
Pacific Northwest Bell Telephone Company
Purpose: Underground electric system
Area Affected: As staked out or as may be relocated or extended by mutual consent over,
upon and under said premises
Recorded: December 11, 1966
Recording No.: 6113816
Agreement and the terms and conditions thereof:
By and Between:
Lakehaven Sewer District, King County, Washington, a municipal
corporation; and B & M Company, a joint venture consisting of San Juan
Homes, Inc. and Sherwood Development Co., a Washington corporation
Recorded:
April 7, 1967
Recording No.:
6159807
Regarding:
Certain maintenance and repairs for period of 30 years and for monthly
service charges
Easement and the terms and conditions therein, including, but not limited to, the following:
Grantee: Lakehaven Sewer District, a municipal corporation of King County,
Washington
Purpose: Sewer mains and appurtenances
Area Affected: As constructed over a portion of said premises
Recorded: December 8, 1972
Recording No.: 7212080584
Page 8 -Order No. 1 ] 08313
Pacific Northwest Title Company
Said easement was also recorded under Recording Number 7212080516.
By document dated December 16, 1976, recorded December 17, 1976, under Recording Number 7612170490, the
following property was released from said easement:
That portion of the southeast quarter of the northwest quarter of Section 16, Township 21 North, Range 4 East,
W.M., in King County, Washington, described as follows:
The west 20.00 feet of the east 386.00 feet of the west half of the northeast quarter of the northwest quarter of said
Section 16,
Except the north 50 feet thereof;
Except that portion previously conveyed to King County for South 322nd Street
25. Right-of-way of Bonneville Power Administration Covington -Grand Coulee Transmission line taken in Case
Number 477 of the United States District Court, Western District of Washington, Northern Division.
Affects: The northerly portion of said premises
26. Right-of-way of Bonneville Power Administration Covington -Grand Coulee Transmission line taken in Case
Number 882 of the United States District Court, Western District of Washington, Northern Division.
Affects: The northerly portion of said premises
27. Underground Utility Easement and the terms and conditions referenced therein, including, but not limited to, the
following:
Grantee: Puget Sound Power & Light Company, a Washington corporation
Purpose: To construct, operate, maintain, repair, replace and enlarge an
underground electric transmission and/or distribution system
Area Affected: A right-of-way ten (10) feet in width having five (5) feet of such width on
each side of a centerline described as follows:
The centerline of Grantee's facilities as constructed or to be constructed,
extended or relocated, lying within a portion of the north half of the south
half of the southeast quarter of the northwest quarter
Recorded: October 20, 1987
Recording No.: 8710200927
Contains covenant prohibiting structures over said easement or other activity which might endanger the underground
system.
NOTE: It appears that said instrument contains an erroneous legal description; if so, it should be re -recorded to
correct same.
Page 9 - Order No. 1108313
Pacific Northwest Title Company
28.
29
30.
Easement and the terms and conditions therein, including, but not limited to, the following:
Grantee: Washington Natural Gas Company, a Washington corporation, its
successors and assigns
Purpose: Construct, install, operate, maintain, protect, improve, repair, replace and
abandon in place said gas pipeline or pipelines
Area Affected: A 10 foot wide strip as constructed or to be constructed
Recorded: May 17, 1994
Recording No.: 9405170767
Easement and the terms and conditions therein, including, but not limited to, the following:
Grantee: City of Federal Way, a Washington municipal corporation
Purpose: All surface water facilities
Area Affected: Portion of said premises
Recorded: June 6, 1997
Recording No.: 9706060273
Agreement and the terms and conditions thereof -
By and Between:
Lakehaven Utility District, King County municipal corporation, and
Belmor Holdings Ltd., DBA Belmor Mobile Home Park/Golf and
Country Club
Recorded:
September 25, 2001
Recording No.:
20010925002157
Regarding:
Water service
Amended by that certain document recorded April 11, 2002 under Recording Number 20020411000165.
Certificate of Completion/Release of Lien recorded under Recording Number 20060717000042.
*** END OF SCHEDULE B ***
Page 10 - Order No. 1108313
Pacific Northwest Title Company
1►101MI
1. Name and address of current taxpayer according to the King County Assessors record are:
Belmor Holdings Ltd
1571 Bellevue Avenue #210
W Vancouver BC Canada V7V1A6
2. The vestee(s) herein acquired title by instrument(s) recorded under Recording,Number(s) 20060307001890.
DC/AP
Page 11 -Order No. 1 ] 08313
NE,NW&SE Sec. 16, Twp. 21 No, Rg. 4 E.
I
.too
\ �
PACIFIC NORTHWEST TITLE
Company of Wasbington, Inc.
N
Order No. 1108313
IMPORTANT: This is not a Plat of Survey. It is furnished as a
convenience to locate the land indicated hereon with reference to
streets and other land. No liability is assumed by reason of reliance
hereon.
Pacific Northwest Title Company
PACT 1C NORTI-R VEST ,-nmE
Insurance Cot-n pan,}, Inc.
And its Agents
Providing excellent service and quality to
meet your title and escrow needs.
Our Privacy Policy
We may collect nonpublic personal information about you from the following sources:
Information we receive from you such as on applications or other forms.
Information about your transactions we secure from our files, or from others.
Information we receive from a consumer reporting agency.
Information that we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be
collected about you.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY
PURPOSE.
We restrict access to nonpublic personal information about you to those employees who need to know that information in order to
provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal
regulations to guard your nonpublic personal information.
Thank you for choosing Pacific Northwest Title Insurance
Company and its Agents. We value you as a customer
and appreciate the opportunity to serve you.
Page 12 - Order No. 1108313
Pacific Northwest Title Company
CONDITIONS
The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or
other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those
shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the
Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to
the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured 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
and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies
committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a
part of this Commitment except as expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a
report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or
may bring against the Company arising out of the status of the title to the estate or interest or the status of the
mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this
Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive
remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.o.
6. On March 1, 2010, it is intended that Pacific Northwest Title Insurance Company will merge as a title
insurance underwriter into First American Title Insurance Company. This only affects the underwriter, and
will not impact the local offices of Pacific Northwest Title which are separate legal entities. If the transaction
contemplated by this preliminary commitment closes on or after March 1, 2010, then the obligations of
Pacific Northwest Title Insurance Company as to this commitment will be assumed by First American Title
Insurance Company, and the title insurance policy or policies contemplated by this commitment will be
issued by First American Title Insurance Company.
All notices required to be given the Company and any statement in writing required to be furnished the Company
shall be addressed to the Company at 215 Columbia Street, Seattle, Washington 98104-1511.
American Land Title Association Commitment — 2006 (Rev. 6/06)
Page 13 - Order No. 1108313
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