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13-102560FILE HALL CITY OF CITY 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com Jamie Love November 5, 2014 Freiheit & Ho Architects 5209 Lake Washington Blvd NE, Suite 200 Kirkland, WA 98033 RE: File #13-102560-00-UP; PROCESS III `PROJECT APPROVAL' Church of Blessing Addition, 1430 South 330`h Street, Federal Way Dear Ms. Love: The Community Development Department has completed administrative land use review of the proposed Church of Blessing Sanctuary addition located at 1430 South 33 Street. The applicant proposes to construct a 16,306 square -foot sanctuary addition to the existing church. A portion of the existing metal building will be demolished and a new sanctuary will be constructed. The project also includes associated site improvements, landscaping, and rework of the existing parking lot. The Process III Master Land Use (MLU) application as it relates to the site plan review is hereby conditionally approved based on the enclosed findings of fact, incorporated into this decision in full, and the following conclusions based on those facts: 1. The proposal is consistent with the comprehensive plan; 2. The proposal is consistent with all applicable provisions of Federal Way Revised Code (FWRC); 3. The proposal is consistent with the public health, safety, and welfare; 4. The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; 5. The proposed access to the subject property is at the optimal location and configuration; 6. Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated; and 7. It is consistent with the site design standards set forth for all zoning districts and applicable supplemental guidelines set forth in FWRC Chapter 19.115, Community Design Guidelines. The remainder of this letter outlines the land use review process required for this particular site improvement; summarizes the State Environmental Policy Act (SEPA) process; lists conditions of the land use decision; and provides other procedural information. This land use decision does not authorize initiation of construction activities. SITE PLAN REVIEW PROCESS Pursuant to FWRC 19.15.030(3), improvements and/or additions to an existing developed site that are not exempt from SEPA shall be processed under Use Process III. SEPA PROCESS The City of Federal Way acted as lead agency for the proposal and issued a Determination of Nonsignificance (DNS) on August 6, 2013, pursuant to Washington Administrative Cade 197-11-350. Following review of the environmental checklist, the city determined the proposal would not have a probable significant adverse'impact on the environment, and an Environmental Impact Statement would not be required, and no SEPA based mitigation was necessary. CONDITION OF APPROVAL Prior to issuance of a building permit, a separate lighting plan must be provided for review. Ms. Love October 15, 2014 Page 2 BUILDING PERMIT REQUIREMENTS This Process III land use decision does not constitute building permit approval. The applicant shall obtain a building permit for construction activities from the city's Building Division. If you have any questions regarding the building permit contact the Permit Center at permiteenter ciiyoffederalway_com or 253-835- 2607. REQUESTS FOR CHANGE OF VALUATION Any affected property owners may request a change in valuation for property tax purposes, not withstanding any program of revaluation. APPROVAL DURATION Unless modified or appealed, the Process III decision is valid for five years from the date of issuance of the decision. Time extensions to the decision may be requested prior to the lapse of approval following the provisions listed in FWRC 19.15.110. The improvements must be substantially completed within the five year time period or the land use decision becomes void. APPEALS The effective date of issuance is three calendar days following the date of this letter, or November 8, 2014. Pursuant to FWRC 19.65.120, this land use decision may be appealed by any person who submitted written comments or any person who has specifically requested a copy of the decision. Any appeal must be in the form of a letter delivered to the Community Development Department with the established fee and within 14 days after the effective date of issuance of this decision, or November 24, 2014. The appeal letter must contain a clear reference to the matter being appealed and a statement of the factual findings and conclusion of the Director disputed by the person filing the appeal. The Federal Way Hearing Examiner will hear any appeals of the Process III decision. CLOSING This land use decision does not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. If you have any questions regarding this decision, please contact Becky Chapin, Associate Planner, at 253-835-2641 or becky.chapin@cityoffederalway.com. Sincerely, , Isaac Conlen Planning Manager for Larry Frazier, Interim Director enc: Exhibit `A' Finding for Project Approval c: Erica Stanbra, estanbralg)tlioarch.com Becky Chapin, Associate Planner Sarady Long, Senior Transportation Planning Engineer Chris Ingham, South King Fire & Rescue Approved Site Plan Ann Dower, Senior Engineering Plans Reviewer Scott Sproul, Assistant Building Official Brian Asbury, Lakehaven Utility District 13-102560 Doc. I.D. 67015 CITY OF Federal Way Exhibit A Findings for Process III Project Approval Church of Blessing Addition File #13-102560-00-UP The Planning Division hereby presents the following analysis to the Director of Community Development pursuant to content requirements of the Process III written decision as set forth in Federal Way Revised Code (FWRC) 19.65.100(4). These findings are based on review of existing city documents and submitted items by the applicant received June 11, 2013, and subsequent resubmittals received November 27, 2013, April 14, 2014, and October 16, 2014. 1. Proposal — The applicant proposed to add a 16,306 square -foot Sanctuary addition to the existing Church of Blessing with associated landscaping and site improvements. The existing Sanctuary will be removed and replaced by the new Sanctuary addition. The existing main building with classrooms, meeting rooms, and a dining room will remain. 2. Zoning and Comprehensive Plan Designation — Zoning for the subject site is Community Business (BC). Church uses are permitted within the BC zoning district pursuant to FWRC 19.220.130. The Federal Way Comprehensive Plan (FWCP) map designation for the subject site is Community Business. Review Process — The proposed development requires review under Process III, `Project Approval'. The Director of Community Development makes a written decision on the application based on criteria listed under FWRC 19.65.100. 4. State Environmental Policy Act (SEPA) — The proposed improvements exceed categorical exemption levels pursuant to Washington Administrative Code 197-11-800. The city utilized the Optional DNS process as allowed by SEPA Rules. A combination Notice of Application and Optional Determination ofNonsignificance was issued on July 12, 2013. No comments were received during the integrated comment period. The city acted as lead agency and issued a Determination of Nonsignificance on August 6, 2013. The threshold determination appeal period ended August 20, 2013, with no appeals submitted to the Federal Way City Clerk; therefore, the determination has become final. 5. Public Notice and Comments — Pursuant to Process III and SEPA regulations, a Notice of Land Use Application and Optional DNS was published in the Federal Way Mirror, posted at two locations at the subject site, and displayed on the designated city notice boards on July 12, 2013. Notices were also mailed to property owners within 300 feet of the subject property. No written comments were received on the land use application or SEPA DNS notice. 6. Bulk Limitations — Church uses located in BC zones are subject to dimensional limitations prescribed in Use Zone Chart 19.220.130. Standards have been met per the following analysis. a. Required Yards —The required yards are 20-foot front; 0-foot side and rear yards. The proposed improvements meet the minimum yard requirements. b. Height — The maximum height is 35 feet above average building elevation but no taller than 55 feet. The proposed height meets this requirement and is 35 feet to the parapet. c. Lot Coverage — No maximum lot coverage is established. Instead, the buildable area is determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 7. Parking Requirements —1 parking stall for each 5 seats is required. The Sanctuary will consist of 822 seats on the ground floor and 154 seats on the mezzanine level, for a total of 976 seats. As such, 196 parking stalls are required, 198 stalls are proposed, with 4 being accessible stalls. 8. Landscaping — Under FWRC 19.125.060(6), perimeter landscaping is required as follows: five feet of Type III landscaping along all property lines. As proposed, the perimeter landscaping meets this requirement with the existing and proposed landscaping. Interior parking lot landscaping in the amount of 4,356 sq. ft. (22 square feet per parking stall) is required for the 198 proposed parking stalls. 10,872 square feet of interior parking lot landscaping is proposed with this application, which exceeds the minimum requirement. Tree Retention/Replacement — Pursuant to FWRC 19.120.130, compliance with the city's tree density requirements in the BC zones (20 tree units per acre) will require 62 tree units on the subject property's 3.09 acres. Per the submitted plan, 29 tree units will be removed, 89.5 tree units are to be retained, and 13 tree units will be added for a total of 102.5 tree units, which will result in tree unit credits exceeding the 62 credit minimum. 10. Community Design Guidelines— Site and architectural design is consistent with FWRC Chapter 19.115, "Community Design Guidelines," based on provision of the following key design elements: • The existing surface parking is to remain with additional stalls being added. The new parking rows are broken up with planters, no more than 10 adjacent stalls. • No ground level reflective glass is proposed. • No changes are being made to the existing primary entrance. The new secondary entrance is visible from the right-of-way and is articulated by a porte-cochere similar to the main entrance. • New sidewalks are provided adjacent to proposed addition with wheel stops at each parking stall along the west side. • The building is articulated with window openings with visible trim, brick pilasters, and color changes. The roofline of the addition includes a cornice element, steps in height between the brick pilasters, and an architectural curved parapet to highlight the sanctuary space. • Building facades longer than 60 feet and visible from the right-of-way contain code required facade treatment methods of facade modulation and pedestrian plaza. Proposed modulation meets dimensional requirements and includes large brick pilasters similar to the existing primary entrance. The pedestrian plaza is about 1,000 square feet and is located near the southwest corner of the building. The plaza includes landscaping, raised planter areas with curb seating, benches, and trash receptacles. 11. Crime Prevention through Environmental Design — The Federal Way Public Safety Department reviewed the Crime Prevention through Environmental Design (OPTED) checklist submitted by the applicant. The applicant has incorporated CPTED comments in project design and the Public Safety Church of Blessing File #13-102560-00-UP / Doc La 64792 Findings for Project Approval Page 2 Department had the following recommendation: additional lighting is to be placed around the "New Plaza" area other than 2 wall sconces. The near lighting fixtures in the parking lot will not assist in lighting up that area very well at night. A separate lighting plan must be provided with the building permit application for review. 12. Concurrency and Traffic Impacts — As a component of the Process III application, the applicant was required to undergo traffic concurrency analysis pursuant to the state Growth Management Act; goals and policies of the Federal Way Comprehensive Plan; and FWRC Chapter 19.90 Transportation Concurrency Management. The Public Works Traffic Division found that all intersections impacted by one or more weekday evening peak hour trips from the proposed development would meet City of Federal Way Level of Service (LOS) standards with the City's programmed improvements. A Capacity Reserve Certificate (CRC) was issued by the Public Works Department on September 4, 2013, for 9 new PM peak hour trips generated by the project. Prior to building permit issuance, the applicant will be required to pay a traffic impact fee. Per FWRC 19.91, fees will be calculated based on the impact fee schedule in effect at the time a complete building permit application is filed. 13. Stormwater — The proposed development is required to perform Targeted Drainage Review under the 2009 King County Surface Water Design Manual (KCSWDM) and the Federal Way Addendum to the 2009 KCSWDM. The existing water quality treatment facility will remain in place and all existing discharge points will be maintained. A pre-treatment device will be added to bring the site into compliance with current water quality treatment requirements. One catch basin will be removed to accommodate the installation of new sidewalk north of the sanctuary. The sidewalk and surrounding surfaces will be graded to slope to the other adjacent catch basin area. Flow control for the existing improvements is provided by Kitts Corner Regional Detention Facility. To meet current detention requirements, a new underground detention system will be installed to handle the runoff from the new sanctuary roof. Nine new parking stalls are proposed to be pervious pavement to meet BMP requirements. 14. The proposed site plan application and application attachments have been determined to be consistent with the FWCP, with all applicable provisions of the FWRC, and with the public health, safety, and welfare. The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal, and the proposed access to the subject property is at the optimal location and configuration for access. The proposed development is consistent with Process III, Project Approval, decisional criteria required under FWRC Chapter 19.65. Final construction drawings will be reviewed for compliance with specific regulations, conditions of approval, and other applicable City requirements. This decision shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. Prepared by: Becky Chapin, Associate Planner Church of Blessing Findings for Project Approval Date: November 5, 2014 File # 13-102560-00-UP / Do.. I.D. 64792 Page 3 April 8, 2014 CITY OF FEDERAL WAY 33325 8T" AVENUE SOUTH FEDERAL WAY, WA 98003 ATTN: BECKY CHAPIN Assistant Planner RESUBMITTED APR 11 �,,ly i CITY OF FEDERAL WAY CDS r FreiheR & Ho architects RE: CHURCH OF BLESSING ADDITION, 1430 South 330th Street File #13-102560-00-UP Ms. Chapin: Please find attached the responses to the Process III Technical Comments dated August 21, 2013. Revisions are clouded and marked Delta 1. The comments have been organized to match the format of the comment letter. Becky Chapin, Planning Division 1. Parking Requirements— The proposal must meet the number of parking spaces required by Federal Way Revised Code (FWRC) 19.220.130, Churches, 1 parking stall for each 5 seats or 10 lineal feet of bench seating. Please provide a narrative and/ or floor plan of the seating in the new sanctuary to verify that enough parking is proposed. If there is no enough parking, a parking study, identifying why reduced parking is appropriate is required to reduce the amount of required parking. The seating in the Sanctuary will consist of 822 seats on the ground floor and 154 seats on the mezzanine level, for a total of 976 seats. Based on this seat count, 195 parking stalls are required. The proposed parking provides 198 stalls. Please see the revised Sheet A2.0, which includes the parking calculations. 2. Fay-ade Treatments— The north, west and south building facades are both longer than 60 feet and visible from the rights -of -way and, as proposed, incorporate two of the four fagade treatments required by FWRC 19.115.060. Fagade modulation and pedestrian plaza are utilized. The pedestrian plaza exceeds the minimum required area, but should also incorporate amenities including, but not limited to, outdoor benches, tables and other furniture, gazebos and landscaping. Please depict pedestrian amenities on the site plan. The proposed pedestrian plaza has been detailed to include landscaping, a raised planted area with integral curb seating, benches and trash receptacles. Please see Sheet 2.1, which includes an enlarged Plaza plan and elevations. The Landscape Plan, Sheet L102, has also been revised to indicate the plantings proposed for the new landscape areas in the Plaza. TEL: 425 827 2100 425 B28 6699 wee www.FHOARCH.[OM --: 5209 Lake Washington Blvd N.E. I Ste 200 1 Kirkland I WA 198033 fCP.P.RfCPRiCP►.efiRR'RFCP.R�fCPeR'RRf�RRfCRfCP.h._:FCF�f�fCFCRRFCP.f�f°R�F�P.�fifCRRFiPsFCf.°R'R'fifCP.R'IifCR'FCF.' PRF�PF�F£RP■PrfCFCRf�RP.R'fiP.fCf`►fCR'RRfCFCRP.ffiFCR�P.R'P:P.RFCP.R'FefL`fCR'fCF�°RfC�RFCf:`P.R'FCPCP:F�FCP.R'RfCRR�f�fCF� FREIHEIT fi HO ARCHITECTS, INC, P.S. RF�FCRfCRf�f�FCFCR�RfCPP:F�f�F�FCf�fCFCkRRF�fLRF�fifCRfCF�fCf�F��RFCF:PRRPFCf�f�f:RF:ffiP..f�f�P.fCfCF�P.FGRRFCf�f:f�F� File #13-102560-00-UP, Church of Blessing Addition April 8, 2014 Page 2 of 5 Ann Dower, Public Works — Dev. Services This proposal adds or replaces over 5,000 square feet of impervious area. In addition, City staff has determined that the value of the proposed addition exceeds 50% of the value of the existing improvements. As a result, the following requirements from the 2009 King County Surface Water Design Manua/ (KCSWDM) and the City of Federal Way addendum to the manual apply: Flow Control: Flow control is required for all new and replaced impervious surfaces. While the project currently meets Basic Level 1 Conservation Flow Control requirements, additional detention is required onsite to meet Level 2 Conservation Flow Control for the replaced impervious surfaces. Staff believes that this project may be able to claim exemption #2, page 1-42 of the KCSWDM. If this does not apply, then Flow Control Best Management Practices (BMP's) are also required and may be used in place of flow control facilities if allowed by the KCSWDM. Water Quality Treatment: Federal Way Revised Code 19.30.120 requires that the water quality treatment be provided for the whole site. Runoff from the site is currently treated through the use of a Stormfilter device. This device is currently accepted for Enhanced Basic water quality treatment standards. However, the downturned elbow used for pre-treatment does not meet current standards and must be replaced with a pretreatment device. Submit calculations and/ or revised plans showing how the project meets the flow control and water quality treatment requirements. The proposal does replace more than 5,000 square feet of impervious surfacing. A summary of the proposed project surfacing changes follows: Existing Proposed Net Change Site area (acres) 3.06 3.06 -0- Buildings (sf) 21,775 27,415 5,640 Concrete/Asphalt (sf) 65,780 62,470 -3,310 Total Impervious (sf) 87,555 89,885 2,330 Porous Asphalt (sf) -0- 1,830 1,830 Grass/Landscaping (sf) 45,810 41,650 -4,160 The total amount of impervious area on the site will be increased by 2,330 square feet. The 2009 King County "Surface Water Design Manual", as amended and adopted by the City of Federal Way, requires Level 2 Conservation Flow Control. The manual allows exemptions from this requirement. Exemption 2 in Section 1.2.3.1.B allows waiver of the flow control requirement if the runoff generated from the improvements does not increase by more than 0.1 cfs for the 100-year peak flow from historic site conditions. The proposed project can meet the exemption requirement. File #13-102560-00-UP, Church of Blessing Addition April 8, 2014 Page 3 of 5 There is no applicable exemption for the water quality treatment requirements. King County standards require pre-treatment of the runoff prior to the existing Stormfilter system installed on the site. The project proposes the installation of a pre-treatment device meeting the Department of Ecology's requirements upstream of the filter. 2. Show impervious area, existing and proposed building dimensions and proposed parking stall dimensions on the plans. A summary of the project's proposed surface areas have been shown on the civil plans. Please refer to sheet A2.00 for proposed building and parking stall dimensions as requested. 3. Please make the following revisions to the SEPA Checklist: Section 13.3.c and d should be revised to reflect proposed detention and water quality treatment measures. Please see attached revised SEPA Checklist questions. Sarady Long, Public Works — Traffic Div. Mr. Long's comments, if any, will be sent under separate cover. No comments were received from Mr. Long. The Traffic Concurrency for this project was approved with no conditions. Brian Ashbury, Lakehaven Utility District Water • A Certificate of Water (& separate Sewer) Availability for this proposed development were issued by Lakehaven on 5/31/13. Noted. IF associated development or work will occur on adjacent tax parcel 1721049069 &/ or frontage improvements are required for this adjacent parcel, a Developer Extensions Agreements will be required to construct new water distribution facilities for the proposed development to meet Lakehaven's long-standing "extend -to -far -edge" requirement. Additional detail and/ or design requirements can be obtained from Lakehaven by completing & submitting a separate application to Lakehaven for either a Developer Pre - Design Meeting or a Developer Extension Agreement. Lakehaven continues to encourage owners/ developers/ applicants to apply for Lakehaven processes separately to Lakehaven, early in the pre -design/ planning phase to avoid delays in overall project development. IF a Developer Extension Agreement is required, it's likely 12" diameter water main will be required to be constructed; applicant should at least indicate "potential for <8-inch diameter water main installation" in the applicable SEPA documents/ checklists. Noted. • The site has the following existing water service connections: o Domestic: One (1), 2" service/ meter (SN 747, active). This service/ meter should be reviewed to determine if size is adequate, if increased domestic water use is File #13-102560-00-UP, Church of Blessing Addition April 8, 2014 Page 4 of 5 anticipated with this additional site development. Please contact Lakehaven for further detail. o Irrigation: One (1), 11/2" service/ meter (SN 35620, active). This service/ meter may need to be reviewed to determine if size if adequate, if increase irrigation water use is anticipated with this additional site development. Please contact Lakehaven for further detail. o Fire Protection: One (1), 6" service (SN 34180, active). Noted. A water service connection application submitted separately to Lakehaven is required for any modification to an existing water service connection, in accordance with standards defined in Lakehaven's current "Fees and Charges Resolution". Noted. Sewer • The site has (1), existing sewer service connection (SN 747, SSCP 7512). Noted. • A separate Lakehaven sewer service connection permit is required for any modification to an existing sewer service connection, in accordance with standards defined in Lakehaven's current "Fees and Charges Resolution". Noted. Genera/ • For any proposed increase in usage beyond the level of the water and/ or sewer system capacity previously purchased for the property(ies), Lakehaven researches prior system capacity charges paid, if any, and evaluates the subject property(ies) for the existing of any available credits and determination of a capacity "base level" for the subject property(ies). For any new or modified, non-residential connections sought after December 31, 2007, Lakehaven will assess additional Capital Facilities Charges (CFC) to property owners, where increased usage of the water and/ or sewer systems beyond the property's established credit level(s), including increases attributable to usage associated with existing service(s), is indicated based on the owner's submittal of estimated water consumption figures. Noted. ■ System capacity credits are available for this property from system capacity charges previously assessed, paid directly to Lakehaven, and/ or credited to the parcel(s) for 9.04 Equivalent Residential Units (ERU) water and 16.08 ERU for sewer. 2011 system usage indicated 2.02 ERU for water & 2.34 ERU for sewer (all domestic use). Please contact Lakehaven for further detail. Noted. • All comments herein are valid for one (1) year and are based on the proposal(s) submitted and Lakehaven's current regulations and policies. Any change to either the development proposal(s) or Lakehaven's regulations and policies may affect the comments accordingly. Noted. File #13-102560-00-UP, Church of Blessing Addition April 8, 2014 Page 5 of 5 I hope you find these responses acceptable. Please feel free to contact me, should you have any further comments. Sincerely, FREIHEIT & HO ARCHITECTS, INC., P.S. Jamie L. Love Project Manager/ Architect nvi . ,n rn.er-fit Ch.ec� (►s �" A. BACKGROUND 1. Name of proposed project, if applicable: Church of Blessing Expansion 2. Name of applicant: Church of Blessing 3. Address and phone number of applicant and contact person: 1430 South 330th St Federal Way, WA 98002 Contact: Alex Melnik (206)380-6800 4. Date checklist prepared: 4/12/13 5. Agency requesting checklist: City of Federal Way 6. Proposed timing or schedule (including phasing, if applicable): Summer 2013 Construction Start SelPp uw+ -_Itst Pmr< i C e rn on, 1l0/3 AW 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. None at this time 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. SEPA prepared for previous remodel PreL m%'m% At SI'drtrlwaA-V- TeGhx eA lrtorrv.n'h'M RiPaT� 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None at this time JUN 11 2013 CITY OF FEDERAL WAY CDS Bulletin #050 — January 1, 2011 Page 2 of 18 k:\Handouts\Environmental Checklist 10. List any government approvals or permits that will be needed for your proposal, if known. Process III Land use review and Building permit 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. Site includes existing church and school. Proposed work includes demolition of an existing metal building structure and construction of a new sanctuary addition. Rework of existing parking proposed. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. 1430 S 330th St 98003 PCL a less RD of Federal Way LLA #0 1 - 102624-00-SU REC #2011212900004 SD LLA being located in W 1/2 of NE 1/4 of SE 1/4 of SEC 17-21-4 B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one . flat olling, hilly, steep "slopes, mountainous, other. Previously developed, flat b. What is the steepest slope on the site (approximate percent slope)? 7% c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, mulch)? If you know the classification of agricultural soils, specify them and note any prime farmland. Everett - Alderwood graveley sandy loam Bulletin #050 —January 1, 2011 Page 3 of 18 k:\Handouts\Environmental Checklist d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. None known. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. 125 Cubic yards fill is anticipated to be placed at the northeast corner of the site to accommodate the new parking area. The fill will be obtained from an approved location. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Yes; minor erosion could result from construction activities depending on weather conditions. All measures will be taken by the contractor to prevent erosion. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 81.5% h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. A stormwater pollution prevention plan has been prepared for the project. The plan details the necessary measures to prevent soil erosion. The plan was prepared for conformance with WSDOE's "Stormwater Management Manual for Western Washington." In addition, all work will be completed under permits issued by the city of Federal Way. All disturbed areas will be revegetated or stabilized by other means as appropriate for the area. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Minimal emissions from dust and automobiles during construction. Completed project projects a small increase in automobile traffic, but no significant increase in emissions is expected. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. None known. Bulletin #050 —January], 2011 Page 4 of 18 k:\Handouts\Environmental Checklist c. Proposed measures to reduce or control emissions or other impacts to air, if any. None at this time. 3. -WATER a. Surface. 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. None known. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Not applicable. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Not applicable. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Not known. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Not within floodplain. Bulletin #050 — January 1, 20l 1 Page 5 of 18 k:\Handouts\Environmental Checklist 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No discharge of waste to surface waters b. Ground.. 1) Will ground water be withdrawn, or will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. None known 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Existing building is on public sanitary sewer system. No waste material will be discharged into the ground. c. Water Runoff (including stormwater) 1) Describe the source of runoff (including stormwater) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Storm water runoff will be generated from precipitation falling onto the building's roof, paved areas, and other impervious surfaces. On -site runoff is collected in a private conveyance system culminating at a treatment device located at the southwest corner of the site at which point the treated story water discharges into the publicly owned system located within South 330th street right-of-way. This sewer flows eastward to Pacific Highway and then southward and eventually discharges into the Kitts Corner Regional Detention Facility, o n-,S i v �M Ij" cbyd►vl �{�tt-�S' , Will A%$ o �e t� 1u�+r+e�..� o Gu f arm wwuLr ruluartw.n-k 5. 2) Could waste materials enter ground or surface waters? If so, generally describe. The collected storm water may contain minor amounts of waste oils and greases from automotive vehicles. Bulletin #050 — January 1, 2011 Page 6 of IS kAHandouts\Environmental Checklist L� d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any. The project will utilize Kitts Corner Regional Facility for control of the site's stormwater runoff. A privately owned and maintained water quality treatment system has been installed to treat the runoff from the impervious surfaces subject to vehicular traffic. All components of the storm drainage system were designed and constructed for conformance with the "1998 King County Surface Water Design Manual" as amended by the City of Federal Way. The existing System will be assessed to verify compliance with the current Washington State De ar�ttsnent of Ecology regulations. PLANTS' LLkWA Q u`�C t.Y rlAna e C-Ori'�a ` u4 u'�t I"Ii :treA P&X\L Wilf �t rre vr.ew ed ;Wr 4-k�L 7"00 1 IBC 5w t7N% cw,c C F► J ee uN . a. Check or circle types of vegetation found on the site. x deciduous tree: alder, maple, aspen, other x evergreen tree: fir, cedar, pine, other y shrubs X grass _ pasture crop or grain wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other waterplant: water lily, eelgrass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? It is proposed that two trees will be removed. They are identified as Populus Trichocarpa (black cottonwood). The sizes are 28 inches and 30 inches caliper. These tress are a hazard tree especially with their close proximity to the parking lot. High susceptibility to wind breakage. c. List threatened or endangered species known to be on or near the site. None observed d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. Acer Circinatum - Vine Maple Mahonia Aquifolium - Oregon Grape Gaultheria Shallon - Salal Bulletin #050 — January 1, 2011 Page 7 of 18 k:\Handouts\Environmental Checklist 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site. birds: hawk, heron, eagle, songbirds, other mammals: deer, bear, elk, beaver, other fish: bass, salmon, trout, herring, shellfish, other None observed b. List any threatened or endangered species known to be on or near the site. None known c. Is the site part of a migration route? If so, explain. No d. Proposed measures to preserve or enhance wildlife, if any. None at this time 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electric and Natural Gas will be used for lighting and heating/cooling. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No affect anticipated Bulletin #050—January1, 2011 Page 8 of 18 k:\fiandouts\Environmental Checklist c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. Energy efficient lighting and HVAC proposed. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. None known 1) Describe special emergency services that might be required. Access to 911 Services (Existing) 2) Proposed measures to reduce or control environmental health hazards, if any. Compliance with OSHA Regulations as applicable b. Noise. 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment operation, other)? Minor traffic from adjacent roads. Minor noise from public park across the street. 2) What types and levels of noise would be created by or associated with the project on a short-term or long-term basis (for example: traffic, construction operation, other)? Indicate what hours noise would come from the site. Construction may result in some construction operation noise during daytime business hours. Church services result in some existing traffic that will continue. Bulletin #050—January 1, 2011 Page 9 of 18 k:\Handouts\Environmental Checklist 3) Proposed measures to reduce or control noise impacts, if any. None at this time. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? Current Site is a church and school, no change after expansion. Adjacent Properties include vacant site, US Postal Services, Retail and a park across the street. b. Has the site been used for agriculture? If so, describe. No c. Describe any structures on the site. Existing church and school; includes a metal building enclosure. d. Will any structures be demolished? If so, what? Metal building enclosure to be demolished. e. What is the current zoning classification of the site? Community Business f. What is the current comprehensive plan designation of the site? Community Business Bulletin #050—January 1, 2011 Page 10 of 18 k:\Handouts\Environmental Checklist g. If applicable, what is the current shoreline master program designation of the site? Not applicable h. Has any part of the site been classified as an environmentally critical area? If so, specify. None known i. Approximately how many people would reside or work in the completed project? There are no residents or formal employees associated with the completed project. All church positions are on a volunteer basis. j. Approximately how many people would the completed project displace? No displacement of people will result k. Proposed measures to avoid or reduce displacement impacts, if any. Not applicable 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. Church and school existing and are compatible with existing and projected land uses. Tht �i I S C.t/.rrch P-cvi c_w i V1 ~# Practss USe O-V P I i cw-h Dn {a r Gaw%ipi L't M ca VL VVOUJ Code (F►'VRG) of r.d C-o hA ()r,eKar-S 1:. - 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. None provided Bulletin #050 —January 1, 2011 Page 11 of 18 kAHandouts\Environmentat Checklist b_ Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None eliminated. c. Proposed measures to reduce or control housing impacts, if any. Not applicable 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? 35'-0" Maximum building height GFS and brick are principal materials proposed. b. What views in the immediate vicinity would be altered or obstructed? No views impacted c. Proposed measures to reduce or control aesthetic impacts, if any. Proposed finishes are consistent with existing structure to remain. 1Pl GLhS oche beA rev �e1�1�[. -For GoYne I t LM cue., With FWN,C 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? None anticipated. Bulletin #050 — January 1, 2011 Page 12 of 18 k:\Handouts\Environmental Checklist b. Could light or glare from the finished project be a safety hazard or interfere with views? None anticipated c. What existing off -site sources of light or glare may affect your proposal? None known d. Proposed measures to reduce or control light and glare impacts, if any. Not applicable 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? There is a public park across the street. b. Would the proposed displace any existing recreational uses? If so, describe. No impact c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. Not applicable k:\Handouts\Environmental Checklist Bulletin #050 —January 1, 2011 Page 13 of 18 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, nation, state, or local preservation registers known to be on or next to the site? If so, generally describe. None known b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None known c_ Proposed measures to reduce or control impacts, if any. Not applicable 14. TRANSPO.RTATiON a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Site bordered by 13th PI S to West and S 330th St to South. No changes proposed to -xisting ingress/egress to right of ways. b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Nearest transit stops 2-4 blocks away, on Pacific Highway S. c. How many parking spaces would the completed project have? How many would the project eliminate? 4 existing stalls eliminated, 14 new stalls created for an overall increase of 10 stalls. Bulletin #050—January I, 2011 Page 14 of 18 k:\Handouts\Environmental Checklist d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). None proposed e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. None proposed f How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Based on 16,306 square feet Church addition and 6,588 square feet of demolition to existing building, the project is estimated to generate approximately 6 new weekday PM peak hour trips. g. Proposed measures to reduce or control transportation impacts, if any. None proposed MP.rk ale a T-ovls parizlt4 � -_Cr,1O9& fee (72P) &-' be Ireol u►T_CCk prI o r t3 $tit klt err' t lU4 " C.2 . 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. None anticipated Bulletin #050 —January 1, 2011 Page 15 of 19 kAHandouts\Environmental Checklist b. Proposed measures to reduce or control direct impacts on public services, if any. Not applicable 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other (please list) Electricity, natural gas, water, refuse service, telephone, sanitary sewer. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Electric/Natural Gas: Puget Sound Energy Water/Sanitary Sewer: Lakehaven Utility District Refuse Service: Waste Management Telephone: Century Link All existing services to remain; connect new work to existing services. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. SIGNATURE: DATE SUBMITTED: (,p 1 rl 1 I a) Bulletin #050—January 1, 2011 Page 16 of 18 k:\Handouts\Environmental Checklist b Q�p n 1`C�¢.. D.\eoause PLEMENTAL SHEET FOR NON -PROJECT ACTIONS t --r 11' these questions are very general, it may be helpful to read them in conjunction with the list of the ents of the environment. When answering these questions, be aware of the proposal, of the types of activities likely to result from the proposal, and if they are likely to affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or reduce such increases: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants, animals, fish, or marine life: 3. How would the proposal be likely to deplete energy of natural resources? Proposed measures to protect or conserve energy and natural resources: Bulletin #050 —January 1, 2011 Page 17 of 18 k:\Handouts\Environmental Checklist 4. How would the proposal be likely to use or affect environmentally critical areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impacts: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans. Proposed measures to avoid or reduce shoreline and land use impacts: 6. How would the proposal be likely to increase demands on transportation or public service and utilities? Proposed measures to reduce of respond to such demands: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. Bulletin #050—January 1, 2011 Page 18 of 18 k:\Handouts\Environmental Checklist CITY OF k Federal Way August 21, 2013 Jamie Love Freiheit & Ho Architects Inc PS 5209 Lake Washington Blvd NE, Suite 200 Kirkland, WA 98033 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com RE: File #13-102560-00-UP; TECHNICAL COMMENTS Church of Blessing Addition, 1430 South 330th Street, Federal Way Dear Ms. Love: City staff has completed review of your Process III Master Land Use (MLU) application and environmental checklist for the proposed sanctuary expansion of Church of Blessing. Site improvements submitted with the June 11, 2013, MLU application include demolition of the existing metal building and construction of a new 16,306 sq. ft. sanctuary addition including associated site improvements. The application was deemed complete July 2, 2013, and the combined notice of application with anticipated environmental determination was issued July 19, 2013.' TECHNICAL COMMENTS Unless otherwise noted, the following comments provided by staff reviewing your project must be addressed prior to land use approval. Please direct questions regarding any of the technical comments to the appropriate staff representative. Becky Chapin, Planning Division, 253-835-2641, rebecca.chapin@cityoffederalway.com 1. Parking Requirements - The proposal must meet the number of parking spaces required by Federal Way Revised Code (FWRC) 19.220.130, Churches, 1 parking stall for each 5 seats or 10 lineal feet of bench seating. Please provide a narrative and/or floor plan of the seating in the new sanctuary to verify that enough parking is proposed. If there is not enough parking, a parking study, identifying why reduced parking is appropriate, is required to reduce the amount of required parking. 2. Fagade Treatments - The north, west, and south building facades are both longer than 60 feet and visible from the rights -of -way and as proposed, incorporate two of the four possible fagade treatments required by FWRC 19.115.060. Fagade modulation and pedestrian plaza are utilized. The pedestrian plaza exceeds the minimum required area, but should also incorporate amenities including, but not limited to, outdoor benches, tables and other furniture, gazebos, and landscaping. Please depict pedestrian plaza amenities on the site plan. 1 Original notice, published on July 12, 2013, had incorrect address. A second revised notice was published on July 19, 2013. Ms. Love August 21, 2013 Page 2 Ann Dower, Public Works — Dev. Services, 253-835-2732, ann.dower@cityoffederalway.com 1. This proposal adds or replaces over 5,000 square feet of impervious area. In addition, City staff has determined that the value of the proposed addition exceeds 50% of the value of the existing improvements. As a result, the following requirements from the 2009 King County Surface Water Design Manual (KCSWDM) and the City of Federal Way addendum to the manual apply: Flow Control: Flow control is required for all new and replaced impervious surfaces. While the project currently meets Level 1 Basic Flow Control requirements, additional detention is required onsite to meet Level 2 Conservation Flow Control for the replaced impervious surfaces. Staff believes that this project may be able to claim exemption #2, page 1-42 of the KCSWDM. If this does not apply, then Flow Control Best Management Practices (BMP's) are also required and may be used in place of flow control facilities if allowed by the KCSWDM. Water Quality Treatment: Federal Way Revised Code 19.30.120, requires that water quality treatment be provided for the whole site. Runoff from the site is currently treated through the use of a Stormfilter® device. This device is currently accepted for Enhanced Basic water quality treatment standards. However, the downturned elbow used for pre-treatment does not meet current standards and must be replaced with a pretreatment device. Submit calculations andlor revised plazas showing how the project meets flow control and water quality treatment requirements. 2. Show impervious area, existing and proposed building dimensions, and proposed parking stall dimensions on the plans. Please make the following revisions to the SEPA Checklist: Section B.3.c and d should be revised to reflect proposed detention and water quality treatment measures. Sarady Long, Public Works — Traffic Div., 253-835-2743, sarady.long@cityoffederalway.com Mr. Long's comments, if any, will be sent under separate cover. Brian Asbury, Lakchavcn Utility District, 253-946-5407, basbury@lakehaven.org Water • A Certificate of Water (& separate Sewer) Availability for this proposed development were issued by Lakehaven on 5/31/13. IF associated development or work will occur on adjacent tax parcel 1721049069 &/or frontage improvements are required for this adjacent parcel, a Developer Extension Agreement will be required to construct new water distribution facilities for the proposed development to meet Lakehaven's long-standing "extend -to -far -edge" requirement. Additional detail and/or design 13-102560 Doc. CD, 64039 Ms. Love August 21, 2013 Page 3 requirements can be obtained from Lakehaven by completing & submitting a separate application to Lakehaven for either a Developer Pre -Design Meeting or a Developer Extension Agreement. Lakehaven continues to encourage owners/developers/applicants to apply for Lakehaven processes separately to Lakehaven, early in the pre-design/planning phase to avoid delays in overall project development. IF a Developer Extension Agreement is required, it's likely 12" diameter water main will be required to be constructed; applicant should at least indicate "potential for <8-inch diameter water main installation" in the applicable SEPA documents/checklists. • The site has the following existing water service connections: o Domestic: One (1), 2" service/meter (SN 747, active). This service/meter should be reviewed to determine if size is adequate, if increased domestic water use is anticipated with this additional site development. Please contact Lakehaven for further detail. o Irrigation: One (1), 1 %2" service/meter (SN 35620, active). This service/meter may need to be reviewed to determine if size is adequate, if increased irrigation water use is anticipated with this additional site development. Please contact Lakehaven for further detail. o Fire Protection: One (1), 6" service (SN 34180, active). • A water service connection application submitted separately to Lakehaven is required for any modification to an existing water service connection, in accordance with standards defined in Lakehaven's current `Fees and Charges Resolution'. Sewer • The site has one (1), existing sewer service connection (SN 747, SSCP 7512). • A separate Lakehaven sewer service connection permit is required for any modification to an existing sewer service connection, in accordance with standards defined in Lakehaven's current `Fees and Charges Resolution'. General • For any proposed increase in usage beyond the level of the water and/or sewer system capacity previously purchased for the property(ies), Lakehaven researches prior system capacity charges paid, if any, and evaluates the subject property(ies) for the existence of any available credits and determination of a capacity `base level' for the subject property(ies). For any new or modified, non- residential connections sought after December 31, 2007, Lakehaven will assess additional Capital Facilities Charges (CFC) to property owners, where increased usage of the water and/or sewer systems beyond the property's established credit level(s), including increases attributable to usage associated with existing service(s), is indicated based on owner's submittal of estimated water consumption figures. System capacity credits are available for this property from system capacity charges previously assessed, paid directly to Lakehaven, and/or credited to the parcel(s) for 9.04 Equivalent Residential Units (ERU) water and 16.08 ERU for sewer. 2011 system usage indicated 2.02 ERU for water & 2.34 ERU for sewer (all domestic use). Please contact Lakehaven for further detail. • All comments herein are valid for one (1) year and are based on the proposal(s) submitted and Lakehaven's current regulations and policies. Any change to either the development proposal(s) or Lakehaven's regulations and policies may affect the above comments accordingly. 13-102560 Doc. LD. 64039 Ms. Love August 21, 2013 Page 4 RESUBMITTAL When resubmitting, please submit four copies of any reports and six copies of any revised plans along with the enclosed Resubmittal Information Form. PROJECT CANCELLATION Pursuant to FWRC 19.15.050, if an applicant fails to provide additional information to the City within 180 days of being notified that such information is requested, the application shall be deemed null and void and the City shall have no duty to process, review, or issue any decisions with respect to such an application. No less than 30 days prior to the lapse of the 180-day notification by the City, the applicant may submit a written request for an extension of the 180-day time limit. The request would be administratively reviewed and can be approved only if adopted criteria are met. If you have any questions regarding this letter or your development project, please contact me at 253-835- 2641, or rebecca.chapin@cityoffederalway.com. Sincerely, Becky Chapin Assistant Planner enc: Resubmittal Form c: Ann Dower, Senior Engineering Plans Reviewer Brian Asbury, Lakehaven Utility District 13-102560 Doc. I D. 64039 FILE Federal Way August 6, 2013 Jamie Love Freiheit & Ho Architects Inc PS 5209 Lake Washington Blvd NE, Suite 200 Kirkland, WA 98033 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. com RE: File #13-102561-00-SE; ENVIRONMENTAL THRESHOLD DETERMINATION Church of Blessing Addition,1430 South 330`h Street, Federal Way Dear Ms. Love: The city and jurisdictional agencies have reviewed the environmental checklist submitted with the Church of Blessing Addition Process III Master Land Use (MLU) application. It has been determined that the proposal will not have a probable significant adverse impact on the environment. As a result, an Environmental Impact Statement (EIS) is not required to comply with the State Environmental Policy Act (SEPA). A copy of the Determination of Nonsignificance (DNS) is enclosed. The Optional DNS Process was used to review this proposal. The 14-day comment period required by SEPA Rules ran concurrently with the public comment period associated with the notice of land use application, which began on July 19, 2013, and ended August 5, 2013. The city did not receive written comments regarding the MLU application or environmental checklist. Pursuant to Washington Administrative Code (WAC) 197-11 - 355, a second comment period is not required upon issuance of the DNS. The enclosed DNS was issued on August 6, 2013. The city will provide a copy of the DNS to the Department of Ecology, agencies with jurisdiction, Puyallup and Muckleshoot tribes, and anyone requesting a copy. All final determinations may be appealed within 14 days following the issuance of the DNS. No licenses, permits, or approvals will be issued until completion of the appeal period, which ends August 20, 2013. The decision not to require an EIS does not grant the license, permit, or approval you are seeking from the city. The environmental record is considered by the decision maker(s) and conditions will be imposed to reduce identified environmental impacts, as long as the conditions are based on adopted and designated city policy. After a final decision has been made on your proposal you may, but are not required to, publish a Notice of Action as permitted in RCW 43.21 C.075. The Notice of Action sets forth a time period after which no legal challenges regarding the proposal's compliance with SEPA can be made. The city is not responsible for publishing the Notice of Action. Questions regarding the environmental review component should be directed to me at 253-835-2641 or rebecca.cha in cit offederalwa .com. Sincerely, Becky Cha th Assistant Planner enc: DNS Doe. LD. 63957 CITY OF Federal Way ENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE (DNS) Church of Blessing Addition File No.13-102561-00-SE FILE Proposal: The applicant proposes to construct a 16,306 square -foot sanctuary addition to the existing church. A portion of the existing metal building will be demolished and a new sanctuary will be constructed. The project also includes associated site improvements, landscaping, and rework of the existing parking lot. Proponent: Jamie Love, Freiheit & Ho Architects, 5209 Lake Washington Blvd NE, Ste 200, Kirkland, WA 98033 Location: 1430 South 330t' Street, Federal Way. APN 172104-9045 Lead Agency: City of Federal Way Community and Economic Development Staff Contact: Becky Chapin, Assistant Planner, 253-835-2641 The Responsible Official of the City of Federal Way hereby makes the following decision based upon impacts identified in the environmental checklist, Federal Way Comprehensive Plan, Federal Way Revised Code, 2009 King County Surface Water Design Manual, and other municipal policies, plans, rules, and regulations designated as a basis for exercise of substantive authority under the State Environmental Policy Act Rules pursuant to Revised Code of Washington (RCW) 43.31 C.060. The lead agency for this proposal has determined that it does not have probable significant adverse impact on the environment and an Environmental Impact Statement (EIS) is not required under RCW 43.21C.032(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued after using the optional DNS process in WAC 197-11-355. No written comments were received in response to the 14 da comment period that ended Auggst 5 2013. There is no further comment period on the DNS. You may appeal this determination to the Federal Way City Clerk, no later than 5:00 p.m. on August 20, 2013, by a written letter stating the reason for the appeal of the determination. You should be prepared to make specific factual objections. Responsible Official: Isaac Conlen, Planning Manager for Patrick Doherty, Director of Community and Economic Development Address: Date Issued: 33325 8t` Avenue South, Federal Way, WA 98003 Doc. I.D. 63956 CITY OF Federal tipsy DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 81h Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.cityoffederalwoy.com DECLARATION OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of Y P tY P J ►Y Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significarce (DS) and Scoping Notice Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other was V mailed ❑ faxed 2013. Project Name ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document ,Ke-mailed and/or ❑ posted to or at each of the attached addresses on ALL fwo File Number(s) 13 Signature -a _ Date OR.- D<o_- D/ K-\CD Administration Files\Declarafion of Distdbufion_doc/Last printed 1 /10/2013 11:39:00 AM CITY OF Federal Way ENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE (DNS) Church of Blessing Addition File No.13-102561-00-SE Proposal: The applicant proposes to construct a 16,306 square -foot sanctuary addition to the existing church. A portion of the existing metal building will be demolished and a new sanctuary will be constructed. The project also includes associated site improvements, landscaping, and rework of the existing parking lot. Proponent: Jamie Love, Freiheit & Ho Architects, 5209 Lake Washington Blvd NE, Ste 200, Kirkland, WA 98033 Location: 1430 South 330"' Street, Federal Way. APN 172104-9045 Lead Agency: City of Federal Way Community and Economic Development Staff Contact: Becky Chapin, Assistant Planner, 253-835-2641 The Responsible Official of the City of Federal Way hereby makes the following decision based upon impacts identified in the environmental checklist, Federal Way Comprehensive Plan, Federal Way Revised Code, 2009 King County Surface Water Design Manual, and other municipal policies, plans, rules, and regulations designated as a basis for exercise of substantive authority under the State Environmental Policy Act Rules pursuant to Revised Code of Washington (RCW) 43.31 C.060. The lead agency for this proposal has determined that it does not have probable significant adverse impact on the environment and an Environmental Impact Statement (EIS) is not required under RCW 43.21 C.032(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued after using the optional DNS process in WAC 197-11-355. No written comments were received in response to the 14 da comment period that ended August 5 2013. There is no further comment period on the DNS. You may appeal this determination to the Federal Way City Clerk, no later than 5:00 p.m. on August 20, 2013, by a written letter stating the reason for the appeal of the determination. You should be prepared to make specific factual objections. Responsible Official: Isaac Conlen, Planning Manager for Patrick Doherty, Director of Community and Economic Development Address: 33325 8t' Avenue South, Federal Way, WA 98003 Date Issued: August 6.2013 Signature: Doc. LD. 63956 DEPT OF ECOLOGY ENVIRONMENTAL REVIEW SEC PO BOX 47703 OLYMPIA WA 98504-7703 sepaunit@ecy.wa.gov JAMIE LOVE FREIHEIT & HO ARCHITECTS INC. 5209 LAKE WASHINGTON BLVD NE, SUITE200 KIRKLAND, WA 98033 NOA/ODNS and SEPA Checklist to the following agencies: MUCKLESHOOT INDIAN TRIBE ATTN ENVIRONMENTAL REVIEWER 39015 172ND AVE SE AUBURN WA 98092 M NOA/ODNS to the following: BRIAN ASBURY LAKEHAVEN UTILITY DIST PO BOX 4249 FEDERAL WAY WA 98063 basbury@lakehaven.org BRANDON REYNON PUYALLUP TRIBE OF INDIANS HISTORIC PRESERVATION DEPT 3009 E PORTLAND AVE TACOMA WA 98404 SOUTH KING FIRE & RESCUE 31617 1 ST AVE S FEDERAL WAY WA 98003 chris.in ham sauthkin fire.or Tamara Fix From: Tamara Fix Sent: Tuesday, August 06, 2013 3:37 PM To: 'ECY RE SEPA UNIT' Cc: 'basbury@lakehaven.org'; Chris Ingham Subject: Church of Blessing Addition DNS Attachments: Church of Blessing DNS.pdf Attached is the DNS for above -mentioned project in the City of Federal Way. This is being issued on August 6, 2013, and the Assistant Planner for the project is Becky Chapin, 253-835-2641, rebecca.cha in cit offederalwa .com. r Applicant: Jamie Love, Freihsit & Ho Architects, 5209 Lake Washington Blvd. NE, Ste 200. Kirkland, WA 98033 Project Locallow 1430 South 339th 330th Street, FRder31 Way. APN 172104-904 D:alle Application Received: June 11, 2013 Dale Determined Complete: July 2, 2013 Date of Notice of Application: July 19. 2013 Comment Due Date: August 5, 2013 Environmental Review: Based upon review of a completed environmental checklist. and other in- formation on file with the City, it is likely that lite City of Federal Way will determine that the project will not have a probable significant adverse impact on the environment and expects to issue a Deter- mirUfion of Nonslgrlitionce (DNS) for this project. The dpllonal DNS process in WAC 197-11.355 is being used. This may be your only apporlurllty to comment on the cnvlronmenlal impacts of the Pro- posed pmjecl- The proposal may lncluda miliga- Iloo msasuraS under applicable Codes, anal the re- view proce95 mmaayy incorporate or require mitigation measures regardless of whaftiot an environmental Impact sialemem [EIS) rs prepared. A copy o1 the suhsequenl Hireshold determination for the specil- Ic proposal may be obtaivd upon request Agencles, tribes, and Iho public are encouraged to reriaW and;ummedf on the proposed project and its probable environmental impacts. Comments must be submitted by the date noted above. Permits Under Review: Use Process III (Fite 413-102560-UP), Concurrency (File.413-1D269- CN), and Stale Environmental Policy Act Three" Determination (File fl3-T312561-SE Environmental poacurfenls & Studies: Environ- mental Checklist and Preliminary Technical In1or- motion Reood Relevant Environmental Documents Are Avail- able at the Address Below: Yes Development Regulations Used for Project Illtl- gotten: Federal Way Revised Code [FWR£) TiVit 14, "Environmenlat Policy;' Title 16 "Surface Water Management," and Titre 19, "Zoning and Develop- ment Code" Public Comment & Appeals: Am} person may sub - not written comments on the land use application or the environmental impacts of the proposal 10 the Director of Community and Economic Develop- ment by 5:00 p.m. on August 5, 2013. Only per- sons who submit written comments to the Director (address belovil or specifically request a copy of the decislbn, may apool: lilt land use dernslon- Iftever, any Inter8sloif party may NMI the WWI- ronmcntat lhrtshOW dclerminalion. Rafeil4 of ap- peal procedures for the requested 'and use deci- slcn will be included vrith the written decision. +Issuance of Final Environmental Determination: y' The final Determination of Nonsignihcance (ONS) may W Issued vnlhout a second comment parted. unless tlmety comments identify probable signlli- Fedem] flyby cart adverse impacts. that Crete hot Cbastdired by the Noliu of optional DNS. A copy of the DNS CORRECTION - REVISED NOTICE may be obtained upon request NOTICE OF MASTER LAND USE APPLICATION Availability of File: The official project file is AND avaiiable far public review at the Department of OPTIONAL DETERMINATION OF Community and Economic Development, 33325 NDNSIGNIFICANCE (DNS) Sth Avenue South, Federal Way, WA 98003, Project Name: Church at Blessing Addition. Staff Contact: Assistant Planner Becky Chapin. Project Description: Correction to address on'y. 253-835-2641 The apubcant proposes to construct a 16.306 Drlgihal Notice, published on July 12, 2013, had squere-leot sanctuary addition to the existing fircornet address. The corrected address has church- A portion of the existing mate: building will been provided above. be demolished and a new sanctuary will be con- Published in the Federal Way Mirror on Jury 19, structed. The project also includes associated site 2013. t t d d v rk of the ex- FWM2044 mprovo m.en s, an scaping, an re o sting parking lot. 31919 151 Ave S, Suite 1 O1 1 Federal, Way, WA 98003 1253.925.5565 1253.925.5750 (f) Affidavit of Publication Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal Way Mirror, a weekly newspaper. That said newspaper is published in the English language continually as a weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way - Com ; unity Development El as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive week(s), commencing on the 19th day of July 2013, and ending on the 19th day of July 2013, both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication is the SUM of $164.39, which amount has been paid in full, or billed at the legal rate according to RCW 65. 16.020. Subscribed to and sworn before me this 29th day of July 2013. Notary Public in and for the State of Washington, uIS611 1 w` DEC 2013 w ,1.4 ply =P, Residing at Federal Way V)CLIL�., www.federalw LEGAL � Cny of Fedetal;Y' will determine that the ptnlec[ sill, not have a probable signllicant adverse �mpaC[ an the environment and expects 10 issue a Deler- minalion of Nvnsigniliinancs (DNS) for itrr�i ora]act- The dp,onal DNS process in WAD 37.11.355 =s being usad, This may be your only paPanunily Iv Comment on the arahronmentad Impacts of the pro - Mod prolecf. The pldposal may Inc:ude mtlfga- Son measures under appliabia Codes. and the re- vlavr process may Incorporale Or FROFE m:tlpatFon- measures lagardtess W whether an on,ronmamal impact statement (EIS) iS prepprad. A Copy 131 the subsequent threshold deferminallon for lhp speglf. is 0100asal may be obfainad upon reQ11esL Ageneles, tubes, and the public are encouraged to revipry and Cemmeni On She proposed projeel and ifs probable envrronme"Fal impacts. Comments must to apbmtnad by the date ruled a6m Permits finder Auvtew; Ilse PftlCeS IN (Fite 113.102560•UP}, Concurrercy (F'g +. 3.1D2552- CN), and 5141e :nvlrpnfnentaf POIICy ACl T"Shold Delorminafion (File El3.102561-SE) Envlronmanlat Oocumedls d Studies. Envlron- man,al Check:ist, and Preliminary Technical Inlor- mabon Report Relevant Environmental Documents Are Avail- able at Ills Address Below: y,,, Oevelapmenl Reguialops Nsad for Project Mill- patioh; Federal Way Revised Code (FWpC) Trtla K -Emrtrorlmen,al Poliuy;' Twe 15 "Surface Mier Lianagemeni" and Tins 10, `Ionrag and Dmefop_ M art[ Cede - Public Comment d Appeair Any person may still - unit vrrillen Comments an fhE lead use sgpllCatlon of the erlvfrdnmental impacts of the proposal to Me Director at Community and Economic Devei4- menr by S:00 p.m. On July 29, 2013, Only persons who submll wition comments to the Director (ad- dress belom Or specifically rerthos[ a copy of The decision, may appeal the decision. However, any Interested party may appeal the anviranmantal thrashal0 determination. Delails of appeal puxe- duns for the ragpesied land use decisrpn Yrili 6e Included frith fire vrritlen decision. Issuance dt Final Environmental Delerminptfan: The Imal outerminarion of Nonsigaiiiiance (DNS) may he issued withoul a second Cammenf Period, unoss timely comments l0mify Probable Spnifi• cam adverse impacts That were not considered by 'he Notice of Dplfonal DNS. A Baby of the ANS Zbe obfaingd upmi reguesl. ffabitily of HIS: The albeiaf prupent flte Is avmr ably for public review al the Department of Com- munity and Economic Daveiapmerlt. 22325 8th Avenue Suulh. F ON' 11'ay- WA I=. Ssatf Cenfacl: Assistant Ptanuer Becky Chapin, 253-835.2541 Published in the Fedora€ Way Mirror on July 12, 2013, FWM2024 A Federaway NOnUE DF MAMH LOD USE APPLICATION All OPTIONAL DEFERMINATMIN OF Project NamrHCNsch olt RIMUNCE t+g( dGs[lan Project Descrfpllon; The applicant propusps TO ConslrpU a 16.305 sqquare fool sanctuary addilton to the exisfinp church. A portion of the existing meta' building will be demolished and if nevi sang ,Lary kAl1 tie Consivicted. The ernjeCI also rnelume assimaled slle Improvements, landscaping, and revmli of the Wsttng parking lbl. 509Was a Love. l, Lake inng onalud.NEESte 20A Bri 23 Ho rliiand, WA 99033 Prolaef Locallan: 1430 South 338th Street, Feder- al My. APN t72104-W45 Date Application Received: Jung 11. 2013Dpte Deormined Camprele: JWy 2, 2013 na,e of Notfee of Application: July 12, 2013 CummSul Due Date: Jofy 29.2013 Environmental Review; Based upon resew of a completed env�ronrnental 0241M. and other in- Iormalion fin file with fho City, it is likely that the 31919 Is' Ave S, Suite 101 1 Federal, Way, WA 98003 1 253.925.5565 1253.925.5750 (f) Affidavit of Publication Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal Way Mirror, a weekly newspaper. That said newspaper is published in the English language continually as a weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way - Commgnity Development 41 as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive week(s), commencing on the 12th day of July 2013, and ending on the 12th day of July 2013, both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication is the SUM of $154.29, which amount has been paid in full, or billed at the legal rate according to RCW 65.16.020. Subscribed to and sworn before me this 29th day of_July 2013. Notary Public in and for the State of Washington, U I DEC r� 2fl�3 �'. � •� �QF WpSN�t��; `Cj.'� Residing at Federal Way CITY OF A Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www_c i tvotf edera lway.co m DECLARATION OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significarce (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) Notice of Land Use Application & )01 Optional DNS/MDNS ❑ FWRC Interpretatbn ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Pemnit ❑ Adoption of Existing Environmental Document was mailed ❑ faxed N e �mmailed and/or ❑ posted to or at each of the attached addresses on �zd 5 ) 2 2013. Project Name C fAJ. File Number(s) Signature 64, - Date K:\CD Administrolion Ales\Declaration of Distribution.doc/Last printed 1/10/2013 11:39:00 AM crry of Federal inlay CORRECTION - REVISED NOTICEI NOTICE OF MASTER LAND USE APPLICATION AND OPTIONAL DETERMINATION OF NONSIGNIFICANCE (DNS) Project Name: Church of Blessing Addition. Project Description: Correction to address only. The applicant proposes to construct a 16,306 square -foot sanctuary addition to the existing church. A portion of the existing metal building will be demolished and a new sanctuary will be constructed. The project also includes associated site improvements, landscaping, and rework of the existing parking lot. Applicant: Jamie Love, Freiheit & HoArchitects, 5209 Lake Washington Blvd. NE, Ste 200, Kirkland, WA 98033 Project Location: 1430 South 33.0 330`h Street, Federal Way. APN 172104-9045 Date Application Received: June 11, 2013 Date Determined Complete: July 2, 2013 Date of Notice of Application: July 19, 2013 Comment Due Date: August 5, 2013 Environmental Review: Based upon review of a completed environmental checklist, and other information on file with the City, it is likely that the City of Federal Way will determine that the project will not have a probable significant adverse impact on the environment and expects to issue a Determination of Nonsignificance (DNS) for this project. The optional DNS process in WAC 197-11-355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed project. The proposal may include mitigation measures under applicable codes, and the review process may incorporate or require mitigation measures regardless of whether an environmental impact statement (EIS) is prepared. A copy of the subsequent threshold determination for the specific proposal may be obtained upon request. Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. Comments must be submitted by the date noted above. Permits Under Review: Use Process III (File #13-102560-UP), Concurrency (File #13-102562-CN), and State Environmental Policy Act Threshold Determination (File #13-102561-SE) Environmental Documents & Studies: Environmental Checklist and Preliminary Technical Information Report Relevant Environmental Documents Are Available at the Address Below: Yes Development Regulations Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy;" Title 16 "Surface Water Management," and Title 19, "Zoning and Development Code" Public Comment & Appeals: Any person may submit written comments on the land use application or the environmental impacts of the proposal to the Director of Community and Economic Development by 5:00 p.m. on August 5, 2013. Only persons who submit written comments to the Director (address below) or specifically request a copy of the decision, may appeal the Iand use decision. However, any interested party may appeal the environmental threshold determination. Details of appeal procedures for the requested land use decision will be included with the written decision. Issuance of Final Environmental Determination: The final Determination of Nonsignificance (DNS) may be issued without a second comment period, unless timely comments identify probable significant adverse impacts that were not considered by the Notice of Optional DNS. A copy of the DNS may be obtained upon request. Availability of File: The official project file is available for public review at the Department of Community and Economic Development, 33325 8rh Avenue South, Federal Way, WA 98003. Staff Contact: Assistant Planner Becky Chapin, 253-835-2641 1 Original Notice, published on July 12, 2013, had incorrect address. The corrected address has been provided above. Published in the Federal Way Mirror on July 19, 2013. Doc. I D 63822 77 cn 0 m � o o GO 1 N Cn c Cn O m m� m Z�> U) c cr CD' a C6 CD 13TH PL S oa�v�0�v < CD C M CS ? 't3 N m 0 * of -a cn (n :' O CL 0. (n 0 cc M. Q Cn r.'f 3 o C O_ 70 O CD .-I 7 O. r c— O O O Cn 0.Cj)O, lG CD 0 Cn cn O "O CL O CD car, CD O —CD 0 x O N ° c5'(no CL a W N co cn J 0 O h co CD w CD o Cl) C _. o w D w � o � CD 0 CD CD CL CD City Federal Way City of 300' Parcel 33325 thAveS. 33325 8th Ave S. P.O. Box 9718 Federal Way Notification area 2Federal-3,ay 000 8063 www.cityoffederalway.com 57l>Mti '°yy - 5m. Icoz,o- h 1�',Fp(o.o --- Isnrr cm ', cotio.ossB. 1w°.o- oom +aD210--1yn� r O�SB lsarw nzloaaoel S 32IN0 PL ,mxq 1Dam 1r0 l:mvgiln 1GoeeDAsm - "MP 9t2B 151#�LL moo -- DA 150gi1. B - OZl4 1 % ISB]AB• ow 15ozCo- 55DB +B - - Ism , . clue lweo S 324TH PL . ...o ozu ,saxes qr ,om MW 1" '� . 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Bzeo o- ww2o4Ra q(axEN-vw P1>poaozo -�]� 72l0 DNB 71tlG1pbt7C B�em � y`� iaevmanB m5am m Bxan�v2aB ueB10- u1D Sxoewora ooe0000BN use voy"m aMc7Borw N SxDBroarna ]iltli6 mm B2m7w)w 021) 32g nroaeoB] LQ azeolDcaeD °wmra otaBmB¢nB 93eBfolM]D x]CBTBOIBv Dow v' 9 B2c°molen DxDxBm+s ST 2m;l B �o7oO�. t lwi1 . uzuo- DWB - a T�B+, talsanB ,]zloa-Boca Post ru,+BaalB Celebration office 172 Park (98003)1 q a d e ra l Way IL B2 o 7G ,;,B4 1721 ^ Community•z'� V B2e5o0. : 17210a6Bt® o1w l Center _ 1]210aRo34 Tril - 17210,i 0 90N 1721048124 i, _ , � _ se Iii111aWp�lTjgLgBjst _ .. _. 1 � 1721-51 1>7114.B1�0 1 1721oC 1 ' 1721D{9WS' B2o5o0. o120 1Tltgt- 1 /2sDt.pW1 1 ]21048100 RECEIVED 721 %III 1721oC-9033 Gwil 0,10 925WI-0130 JUN L14013 1721oC-9020 t .—A C1 17 UF FEDERAL WAY King County Tax Parcels Subject Property Notified Properties C[fY OF CDs �t Scaler Federal Way N 0 140 280 Feet r This map is intended for use as a graphical mpresenlabon only. The City of Federal Way makes no wamenty as to its accuracy, J. O Easy Vael@ Labels i A '� Bend along line to Use Avery® Template 51600 Feed Paper expose Pop-up Edge'" d 1721049004 1721049067 CELEBRATION SENIOR LIVING MINKLER ROBERTAGST EXEMPT 201 27TH AVE SE #300 443 10TH AVE W PUYALLUP WA 98374 KIRKLAND WA 98033 p"K S p E P T 1721049014 FEDERAL WAY CITY OF 33325 8TH AVE S FEDERAL WAY WA 98003 1721049068 R&R FEDERAL WAY LLC 220 W MERCER ST #W-430 SEATTLE WA 98119 1721049069 CHURCH OF BLESSING 1430 S 330TH ST FEDERAL WAY WA 98003 1721049074 A&R DEVELOPMENT LLC 747 ST HELENS AVE STE 400 TACOMA WA 98402 1721049078 AA INVESTORS LLC 626 N COLUMBIA CENTER BLVD KENNEWICK WA 99336 1721049034 1721049079 VARGA STEVE USPS AUBURN POST OFFICE PO BOX 4134 Attn: ATTN POSTMASTER YAKIMA WA 98904 11 3RD ST NW AUBURN WA 98002 11210491UL US POSTAL SERVICE Attn: ATTN FINANCE 11 3RD ST NW AUBURN WA 98002 1121049065 172104TRCT LENNOX REALTY INC P O BOX 51077 SEATTLE WA 98115 Eticluettes faciles a peler i Repliez a la hachure afin de Utilisez le abarit AVERY® 51600 i Sens de reveler le rebord Pop-up"'c ' y � chargement 1 i AVEF;"f® 5160® 1 www.avery.com 1-800-GO-AVERY 1 DEPT OF ECOLOGY ENVIRONMENTAL REVIEW SEC PO BOX 47703 OLYMPIA WA 9 504- 03 sepaunit@ecy.wa.gov NOA/ODNS and SEPA Checklist to the following agencies: MUCKLESHOOT INDIAN TRIBE ATTN ENVIRONMENTAL REVIEWER 39015 172ND AVE SE AUBURN WA 98092 NOA/ODNS to the following: BRIAN ASBURY LAKEHAVEN UTILITY DIST PO BOX 4249 FEDERAL WAY WA 98063 basbury@lakehaven.org BRANDON REYNON PUYALLUP TRIBE OF INDIANS HISTORIC PRESERVATION DEPT 3009 E PORTLAND AVE TACOMA WA 98404 SOUTH KING FIRE & RESCUE 31617 1ST AVE S FEDERAL WAY WA 98003 chris.in ham southkin fire.or Tamara Fix From: Tamara Fix Sent: Thursday, July 18, 2013 8:50 AM To: 'ECY RE SEPA UNIT' Subject: REVISED Church of Blessing NOA & Opt DNS Attachments: 20253547025.DOC Attached is a revised version of the NOA & Opt DNS sent to you last week. The original notice had an incorrect address. Tamara Fix City of Federal Way Tamara.f ixG?cityoffedera Iway.com 253-835-2602 "Just think about how happy you'd be if you lost everything and everyone you have right now, and then somehow got everything back again." Kobi Yamada From: Tamara Fix Sent: Thursday, July 11, 2013 3:39 PM To: 'ECY RE SEPA UNIT Subject: Church of Blessing NOA & Opt DNS Attached is an NOA & Opt DNS and Environmental Checklist for the Church of Blessing Addition. Please contact Assistant Planner Becky Chapin at 253-835-2641 or rebecca.chapin@ci!yoffederalway.com for questions. Tamara Tix Ad nin Asst. City of J-ederaCI'Vay tamara. ' @cit a ederaCwa .com "When life gives you a hundred reasons to cry, show life that you have a thousand reasons to smile." Unknown C I TY O F Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.citvoffederalway.com DECLARATION OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significame (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretatbn ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed xe-mailed and/or ❑ posted to or at each of the attached addresses on 1 -7 J 2013. Project Name File Number(s) -7:Signature Gi.-.--- Date K:\CD Administration Files\Declorofion of Distdbution.doc/Last printed 1/10/2013 11:39:00 AM A CITY OF Federal Way CORRECTION - REVISED NOTICE' NOTICE OF MASTER LAND USE APPLICATION AND OPTIONAL DETERMINATION OF NONSIGNIFICANCE (DNS) Project Name: Church of Blessing Addition'. Project Description: Correction to address only. The applicant proposes to construct a 16,306 square -foot sanctuary addition to the existing church. A portion of the existing metal building will be demolished and a new sanctuary will be constructed. The project also includes associated site improvements, landscaping, and rework of the existing parking lot. Applicant: Jamie Love, Freiheit & Ho Architects, 5209 Lake Washington Blvd. NE, Ste 200, Kirkland, WA 98033 Project Location: 1430 South 330 330'' Street, Federal Way. APN 172104-9045 Date Application Received: June 11, 2013 Date Determined Complete: July 2, 2013 Date of Notice of Application: July 19, 2013 Comment Due Date: August 5, 2013 Environmental Review: Based upon review of a completed environmental checklist, and other information on file with the City, it is likely that the City of Federal Way will determine that the project will not have a probable significant adverse impact on the environment and expects to issue a Determination of Nonsignificance (DNS) for this project. The optional DNS process in WAC 197-11-355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed project. The proposal may include mitigation measures under applicable codes, and the review process may incorporate or require mitigation measures regardless of whether an environmental impact statement (EIS) is prepared. A copy of the subsequent threshold determination for the specific proposal may be obtained upon request. Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. Comments must be submitted by the date noted above. Permits Under Review: Use Process III (File #13-102560-UP), Concurrency (File #13-102562-CN), and State Environmental Policy Act Threshold Determination (File #13-102561-SE) Environmental Documents & Studies: Environmental Checklist and Preliminary Technical Information Report Relevant Environmental Documents Are Available at the Address Below: Yes Development Regulations Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy;" Title 16 "Surface Water Management," and Title 19, "Zoning and Development Code" Public Comment & Appeals: Any person may submit written comments on the land use application or the environmental impacts of the proposal to the Director of Community and Economic Development by 5:00 p.m. on August 5, 2013.Only persons who submit written comments to the Director (address below) or specifically request a copy of the decision, may appeal the land use decision. However, any interested party may appeal the environmental threshold determination. Details of appeal procedures for the requested land use decision will be included with the written decision. Issuance of Final Environmental Determination: The final Determination of Nonsignificance (DNS) may be issued without a second comment period, unless timely comments identify probable significant adverse impacts that were not considered by the Notice of Optional DNS. A copy of the DNS may be obtained upon request. Availability of File: The official project file is available for public review at the Department of Community and Economic Development, 33325 8`h Avenue South, Federal Way, WA 98003. Staff Contact: Assistant Planner Becky Chapin, 253-835-2641 ' Original Notice, published on July 12, 2013, had incorrect address. The corrected address has been provided above. Published in the Federal Way Mirror on July 19, 2013. Doc. I.D 63822 EI I X `CD' X 0 0. cn CD 13TH PL S w N as 0 W 1 f� NCD c Cr 1 o W m a� st z� n O= 3 m O 0 C L Cv C7 OE f v C CD C O CT - O C "O (D fn '�-r CD C: D 0 -0. CD fOn Q 'O w O 0 O fn fn :O 0- O 0. sn n ��co �Q0•-� 3 n * p ,_+ W'O O CD O C — O � ° in Q °T., 1 CD O O 0 CL O 3 cn v p n *. 0 CD � w fcn to CD — C X. O w ° ��'�O a a fn ca J 0 O h co CD w ch o Cl) C0 _. o Cc � DCA) CA) Q. o C. cu O CD -n rn CL rn �� m m m m m013 >>� �n o � a 7 j ID r CD T o -I a _. CD rA m o Now (D � CD Tamara Fix From: Mary Lou Goss <mgoss@fedwaymirror.com> Sent: Wednesday, July 17, 2013 4:19 PM To: Tamara Fix Subject: Re: Legal Notice - Church of Blessing All taken care of... Mary Lou Goss Office Coordinator/ Advertising Sales Consultant Office: 253-925-5565, Ext 3056 Internal: 02-3056 31919 1st Ave S, Ste 101, Federal Way, WA 98003 M_ Sound Publishing, Inc. Map Print Rates Online Rates Media Kit Sound Info On Wed, Jul 17, 2013 at 1:10 PM, Tamara Fix <Tamara.Fix ci offederalwa .comma wrote: Please publish the attached legal notice (Church of Blessing NOA & Opt DNS, 13-102561) in Friday's (July 19, 2013) issue. This is a re -publishing of this notice due to an address error. Please confirm and issue an affidavit of publication. Tamara Fix City of Federal Way Tamara.fix@cit offederalwa .com 253-835-2602 "Just think about how happy you'd be if you lost everything and everyone you have right now, and then somehow got everything back again." Kobi Yamada CITY OF -- Federal iJllay CORRECTION - REVISED NOTICE' NOTICE OF MASTER LAND USE APPLICATION AND OPTIONAL DETERMINATION OF NONSIGNIFICANCE (DNS) Project Name: Church of Blessing Addition'. Project Description: Correction to address only. The applicant proposes to construct a 16,306 square -foot sanctuary addition to the existing church. A portion of the existing metal building will be demolished and a new sanctuary will be constructed. The project also includes associated site improvements, landscaping, and rework of the existing parking lot. Applicant: Jamie Love, Freiheit & Ho Architects, 5209 Lake Washington Blvd. NE, Ste 200, Kirkland, WA 98033 Project Location: 1430 South 330 330' Street, Federal Way. APN 172104-9045 Date Application Received: June 11, 2013 Date Determined Complete: July 2, 2013 Date of Notice of Application: July 19, 2013 Comment Due Date: August 5, 2013 Environmental Review: Based upon review of a completed environmental checklist, and other information on file with the City, it is likely that the City of Federal Way will determine that the project will not have a probable significant adverse impact on the environment and expects to issue a Determination of Nonsignificance (DNS) for this project. The optional DNS process in WAC 197-11-355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed project. The proposal may include mitigation measures under applicable codes, and the review process may incorporate or require mitigation measures regardless of whether an environmental impact statement (EIS) is prepared. A copy of the subsequent threshold determination for the specific proposal may be obtained upon request. Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. Comments must be submitted by the date noted above. Permits Under Review: Use Process III (File #13-102560-UP), Concurrency (File #13-102562-CN), and State Environmental Policy Act Threshold Determination (File #13-102561-SE) Environmental Documents & Studies: Environmental Checklist and Preliminary Technical Information Report Relevant Environmental Documents Are Available at the Address Below: Yes Development Regulations Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy;" Title 16 "Surface Water Management," and Title 19, "Zoning and Development Code" Public Comment & Appeals: Any person may submit written comments on the land use application or the environmental impacts of the proposal to the Director of Community and Economic Development by 5:00 p.m. on August 5, 2013.Only persons who submit written comments to the Director (address below) or specifically request a copy of the decision, may appeal the land use decision. However, any interested party may appeal the environmental threshold determination. Details of appeal procedures for the requested land use decision will be included with the written decision. Issuance of Final Environmental Determination: The final Determination of Nonsignificance (DNS) may be issued without a second comment period, unless timely comments identify probable significant adverse impacts that were not considered by the Notice of Optional DNS. A copy of the DNS may be obtained upon request. Availability of File: The official project file is available for public review at the Department of Community and Economic Development, 33325 8`h Avenue South, Federal Way, WA 98003. Staff Contact: Assistant Planner Becky Chapin, 253-835-2641 ' Original Notice, published on July 12, 2013, had incorrect address. The corrected address has been provided above. Published in the Federal Way Mirror on July 19, 2013. Doc. LD 63822 D ;o U X CD' m 13TH PL S fr CD Q (D m 3 n O= CD 3 v O 'O c O_ " C O = CD O (D - W v a haw � "O O cD C� (Op C 0)n "O -� y CD, P o v v o (O - O. 0 3 0 O � W CD"O v E_ 7 O 0 0 f% Cn l< (D O O cn O 3cn v N _0 CD 5 CD rF _ m O' X. (D CD fly (D O fn X -��, w O = A-00 a CD a `� cQ J 0 0 �-h co CD w cn C) C/ CD � ■ o rF W W V! =f m 0 CCD ,1 C^ CL CD �A CIT Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063.9718 253-835-7000; Fax 253-835-2609 www.citvoffederolway.com DECLARATION OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of Washington, that a: tlotice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed ❑ e-mailed and/or 91�osted to or at each of the attached addresses on 4f�- , 2013. Project Name C ku rGk) d� V) "VIA� 4-ij ( 1y-i File Number(s) , J 3 10 Z 1 1-- C Signature ate K:\Intern\Declaration of Distribution notices\Declaration of Distribution with Posting Sites.doc Posting Sites: Federal Way City Hall- 33325 &h Avenue Federal Way Regional Library- 34200 1st Way South Subject Site- Church of Blessing Addition-1430 S 330th St K:\Intem\Declaration of Distribution notices\Declaration of Distribution with Posting Sites.doc CITY OF Federal Way NOTICE OF MASTER LAND USE APPLICATION AND OPTIONAL DETERMINATION OF NONSIGNIFICANCE (DNS) Project Name: Church of Blessing Addition Project Description: The applicant proposes to construct a 16,306 square -foot sanctuary addition to the existing church. A portion of the existing metal building will be demolished and a new sanctuary will be constructed. The project also includes associated site improvements, landscaping, and rework of the existing parking lot. Applicant: Jamie Love, Freiheit & Ho Architects, 5209 Lake Washington Blvd. NE, Ste 200, Kirkland, WA 98033 Project Location: 1430 South 330`h Street, Federal Way. APN 172104-9045 Date Application Received: June 11, 2013 Date Determined Complete: July 2, 2013 Date of Notice of Application: July 12, 2013 Comment Due Date: July 29, 2013 Environmental Review: Based upon review of a completed environmental checklist, and other information on file with the City, it is likely that the City of Federal Way will determine that the project will not have a probable significant adverse impact on the environment and expects to issue a Determination of Nonsignificance (DNS) for this project. The optional DNS process in WAC 197-11-355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed project. The proposal may include mitigation measures under applicable codes, and the review process may incorporate or require mitigation measures regardless of whether an environmental impact statement (EIS) is prepared. A copy of the subsequent threshold determination for the specific proposal may be obtained upon request. Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. Comments must be submitted by the date noted above. Permits Under Review: Use Process III (File #13-102560-UP), Concurrency (File #13-102562-CN), and State Environmental Policy Act Threshold Determination (File #13-102561-SE) Environmental Documents & Studies: Environmental Checklist, and Preliminary Technical Information Report Relevant Environmental Documents Are Available at the Address Below: Yes Development Regulations Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy;" Title 16 "Surface Water Management," and Title 19, "Zoning and Development Code" Public Comment & Appeals: Any person may submit written comments on the land use application or the environmental impacts of the proposal to the Director of Community and Economic Development by 5:00 p.m. on July 29, 2013. Only persons who submit written comments to the Director (address below) or specifically request a copy of the decision, may appeal the decision. However, any interested party may appeal the environmental threshold determination. Details of appeal procedures for the requested land use decision will be included with the written decision. Issuance of Final Environmental Determination: The final Determination of Nonsignificance (DNS) may be issued without a second comment period, unless timely comments identify probable significant adverse impacts that were not considered by the Notice of Optional DNS. A copy of the DNS may be obtained upon request. Availability of File: The official project file is available for public review at the Department of Community and Economic Development, 33325 8= Avenue South, Federal Way, WA 98003. Staff Contact: Assistant Planner Becky Chapin, 253-835-2641 Published in the Federal Way Mirror on July 12, 2013. Doc. LD. 63693 _0 0 0) .U) U) O u a� U CO lL U CO) m m o cu cu ^L, W W LL L VJ M L O U) M N O O N o _ a)O co E c =_ .O L w L � N O O _� N C cu O QMa) O +r N L U L V E L N a) .Q Q U � (a 0) 0) (n ca O m M 0) 7 /L� U }� O �� Q U (n O 1 % E C N cA "O N �' U N a) N-o N H (a N O �Z o Mn 0 0 N 0 0 0 w CO N O M r N L% CIT Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 81h Avenue South Federal Way WA 980C3 253-835-7000; Fax 253-835 2609 www.ci offederaiwa .com DECLARATION OF DISTRIBUTION I f hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significarce (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) IV" Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Pemnit ❑ Adoption of Existing Environmental Document was ;X mailed ❑ faxed N e-mailed and/or ❑ posted to or at each of the attached addresses on 71]�Ac� 2013. Project Name File Number(s) 76 d Signature Date K:\CD Administration Fles\Declaration of Dishibution.doc/Last printed 1 /10/2013 11:39:00 AM 4-& CITY of; Federal Way NOTICE OF MASTER LAND USE APPLICATION AND OPTIONAL DETERMINATION OF NONSIGNIFICANCE (DNS) Project Name: Church of Blessing Addition Project Description: The applicant proposes to construct a 16,306 square -foot sanctuary addition to the existing church. A portion of the existing metal building will be demolished and a new sanctuary will be constructed. The project also includes associated site improvements, landscaping, and rework of the existing parking lot. Applicant: Jamie Love, Freiheit & Ho Architects, 5209 Lake Washington Blvd. NE, Ste 200, Kirkland, WA 98033 Project Location: 1430 South 339t' Street, Federal Way. APN 172104-9045 Date Application Received: June 11, 2013 Date Determined Complete: July 2, 2013 Date of Notice of Application: July 12, 2013 Comment Due Date: July 29, 2013 Environmental Review: Based upon review of a completed environmental checklist, and other information on file with the City, it is likely that the City of Federal Way will determine that the project will not have a probable significant adverse impact on the environment and expects to issue a Determination of Nonsignificance (DNS) for this project. The optional DNS process in WAC 197-11-355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed project. The proposal may include mitigation measures under applicable codes, and the review process may incorporate or require mitigation measures regardless of whether an environmental 'impact statement (EIS) is prepared. A copy of the subsequent threshold determination for the specific proposal may be obtained upon request. Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. Comments must be submitted by the date noted above. Permits Under Review: Use Process III (File #13-102560-UP), Concurrency (File #13-102562-CN), and State Environmental Policy Act Threshold Determination (File #13-102561-SE) Environmental Documents & Studies: Environmental Checklist, and Preliminary Technical Information Report Relevant Environmental Documents Are Available at the Address Below: Yes Development Regulations Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy;" Title 16 "Surface Water Management," and Title 19, "Zoning and Development Code" Public Comment & Appeals: Any person may submit written comments on the land use application or the environmental impacts of the proposal to the Director of Community and Economic Development by 5:00 p.m. on July 29, 2013.Only persons who submit written comments to the Director (address below) or specifically request a copy of the decision, may appeal the decision. However, any interested party may appeal the environmental threshold determination. Details of appeal procedures for the requested land use decision will be included with the written decision. Issuance of Final Environmental Determination: The final Determination of Nonsignificance (DNS) may be issued without a second comment period, unless timely comments identify probable significant adverse impacts that were not considered by the Notice of Optional DNS. A copy of the DNS may be obtained upon request. Availability of File: The officialyroject file is available for public review at the Department of Community and Economic Development, 33325 8 Avenue South, Federal Way, WA 98003. Staff Contact: Assistant Planner Becky Chapin, 253-835-2641 Published in the Federal Way Mirror on July.12, 2013. Doc 1 D. 63693 D v U, CD _- -�--�- - -- - - - cn PL S CD l� I 1 15T -- - - �J r 0 O N O 0 m N CTC', m 0 0� (D N a CD W (D 6 X• w j� X CD N n -p .nr CD (D =� a O O ,� _. �' Q n 42 �• O `Z O 0 ca cc Ccw N /r �1 ♦V CL 0 T� Q ,••F T O CrcD 7 ;F W-0 Q -• O O O TO 0 O C O w C O O .n N O CD CD CD 3 N (S• CD ••-r CDO � o, o 0 0 O h CD CA o (n 0) O C (Q W W 0 CAD Cl) O rn CL rn City of Federal Way 300' Parcel Notification area v I.oe10- I ,ec¢10 q rw¢4oaeov 6szo ,ea¢4o- ovco 10o?✓b +svr4l�a oam ,sm.o- 'pwv ,m1e-e.w weo ,swuo- ,+],wamt o4zv MW 156i4F 'wm ,pop,y o,M 150=.1• MID weo I=4602W. +ew1 v7p0 I ' '� S 324TH PL OI'D wit r o2rv' oleo woo ,elce+na,00 MIND ow f 1 ,er.,taool 000aaoo,mw m I01w +6ee4o- O7+5 ! mro J ol30 ,sm.,asso OOztl I. 4spzaoa0w C 15CQ+o- IWOKWI ! 532sn1w210-m46 s 01.0 MOD +soua waso- gT 197111.1m ,E021} 0210 0,50 p}3p 4A0210 W 1 216"Do7?1s6�w-07tl0 „-0t1oa5 .0,10 giro- 1SM+• 3MV04W eww MID itl0'1F w ya1��0 0160 22C0)oav]v R00 0,v OJ(g2p•,p]p u OQ]o 02oorvaaa smOroauO sv aiuowauo earo• Brost. mooro-um S vammc 0 uaoncau OP9vloav%7 q a]nomoel0 g �zw]vaov �tewo- 3000TTW]] arw]owwy.�omncao 0� 03z0 slevwww svoroawv rnnra,"� uovroww S' xm,00,en 1p.� �O 9 xoouo�+a AMU) ypply � roo>110 79av-nmlo y�0 `r✓5Dow6 �s +m o51v o760 gr ixovroux, .]:00MDFN uevlo- MM- H 3an,o- tuo �°°p°P�0 asru uevrvmro '6{ °'r0 ��3avwooreo ]m "°0 0-0omaw Saw oo=m s $� oorw 1110 areora M a7vwo- xvo •. 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Box 9718 Federal Way We. 98063 (206) - 835 - 7000 www. cityoffede ra Iwa y.com 15o6soan° 1566500,00 150050-0060 4ypp9o4770 �824TM•S- ,AW5YJI40 lsoosools6 +n1a1-xiv ,r7,d•c�a7 emamm v�e614wzv 036090a030 I 1 N 1]z,aa-e39] X 0360900045 / � o3eoea-ooao LLV_ �U Post t�,wao04 W Office - 1]2104- J (98003` _9065 1` IL 1]2104- tnlai-amv 9102 ,]210,19 imwsmr .45MuTlsSTt 1721-W34 1rnOF 02,I144G0 gem .,]f16,412, Si I n,waloa4ntolanaa . � +77040m, 1721N.7 ,TRIO/• 1721w-9080 0030 172104AO5 ON 172104A031 172104-6100 112104- ITRHW 4X, 1"IM0004 172101-9020 ®� CITY OF Scale: Federal Way N 0 140 280 Feet This map is intended for use as a graphical represenla0on only The City of Federal Way makes no warranty as fa iLs accuracy. V u M M �p O 00 01 30000000�000000�030¢00000° N N N N N N } qn M M 0 V1 M O O 00 N M a� a, N N N M M O ¢ 0� a, a, ¢ Ll a dw000 000�.�wo d H o d g U U U x U U U¢ ¢ g U U co H Q 0 0 0 0 0 0 0 pq E� o o m w V�1 M M¢ w w Q ¢ ¢ w ¢ w ¢ w ¢ w ¢ z v ¢ cn Q J ? 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Q d d Vl"i A 00 N � r� '* -,t O -,t O, ti 00 N O O, O M CD O, �r M CD O, '.0 - O a, CDO a, O, V1 ,O O O, l� \a O a, 00 ,D CD a, O, ,O O CZ,O, 't [l- CD 00 [� O a, O, I- O O, O a% CD--� a, N O_ O, N Ux O, J �t O O_ O 'IT _O ',T CD I O_ O It O_ ',I-� CD CD �' O � _O V' O 'IT O_ It O_ It O_ 't CD IT O_ It CD N N N N N N N N N N N N N N N N N N N N 'r*I r N M '-T Lo o f'- W M Or r r Nr MMr � r —Lo 0Dr f-- r 0M r M— O N DEPT OF ECOLOGY ENVIRONMENTAL REVIEW SEC PO BOX 47703 OLYMPIA WA 9 504- 0 sepaunit@ecy.wa.gov NOA/ODNS and SEPA Checklist to the following agencies: MUCKLESHOOT INDIAN TRIBE ATTN ENVIRONMENTAL REVIEWER 39015 172ND AVE SE AUBURN WA 98092 NONODNS to the following: BRIAN ASBURY LAKEHAVEN UTILITY DIST PO BOX 4249 FEDERAL WAY WA 98063 basbury@lakehaven.org BRANDON REYNON PUYALLUP TRIBE OF INDIANS HISTORIC PRESERVATION DEPT 3009 E PORTLAND AVE TACOMA WA 98404 SOUTH KING FIRE & RESCUE 31617 1ST AVE S FEDERAL WAY WA 98003 chris.in harn southkin fsre.or Tamara Fix From: Tamara Fix Sent: Thursday, July 11, 2013 3:39 PM To: 'ECY RE SEPA UNIT' Subject: Church of Blessing NOA & Opt DNS Attachments: Church of Blessing NOA & Opt DNS.pdf Attached is an NOA & Opt DNS and Environmental Checklist for the Church of Blessing Addition. Please contact Assistant Planner Becky Chapin at 253-835-2641 or rebecca.chayinU@cityoffederalway.com for questions. ,I-tvma:ra. Fix -/qdmi.n Asst. City of Federal -Way tamara. "x@cit o ede-ra%va .com "When life gives you a hundred reasons to cry, show life that you have a thousand reasons to smile." Unknown ti CIT:� Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.dNoffederalwoy.com DECLARATION OF DISTRIBUTION 1,hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Pemnit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed Z e-mailed and/or ❑ posted to or at each of the attached addresses on J 2013. Project Name Cl File Number(s) 5 6 Signature Date K:\CD Administration Files\Declaration of Ustribution.doc/Last printed 111OM13 11:39:00 AM 1 CIT? OF Federal Way NOTICE OF MASTER LAND USE APPLICATION AND OPTIONAL DETERMINATION OF NONSIGNIFICANCE (DNS) Project Name: Church of Blessing Addition Project Description: The applicant proposes to construct a 16,306 square -foot sanctuary addition to the existing church. A portion of the existing metal building will be demolished and a new sanctuary will be constructed. The project also includes associated site improvements, landscaping, and rework of the existing parking lot. Applicant: Jamie Love, Freiheit & Ho Architects, 5209 Lake Washington Blvd. NE, Ste 200, Kirkland, WA 98033 Project Location: 1430 South 339`h Street, Federal Way. APN 172104-9045 Date Application Received: June 11, 2013 Date Determined Complete: July 2, 2013 Date of Notice of Application: July 12, 2013 Comment Due Date: July 29, 2013 Environmental Review: Based upon review of a completed environmental checklist, and other information on file with the City, it is likely that the City of Federal Way will determine that the project will not have a probable significant adverse impact on the environment and expects to issue a Determination of Nonsignificance (DNS) for this project. The optional DNS process in WAC 197-11-355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed project. The proposal may include mitigation measures under applicable codes, and the review process may incorporate or require mitigation measures regardless of whether an environmental impact statement (EIS) is prepared. A copy of the subsequent threshold determination for the specific proposal may be obtained upon request. Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. Comments must be submitted by the date noted above. Permits Under Review: Use Process III (File #13-102560-UP), Concurrency (File 413-102562-CN), and State Environmental Policy Act Threshold Determination (File #13-102561-SE) Environmental Documents & Studies: Environmental Checklist, and Preliminary Technical Information Report Relevant Environmental Documents Are Available at the Address Below: Yes Development Regulations Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy;" Title 16 "Surface Water Management," and Title 19, "Zoning and Development Code" Public Comment & Appeals: Any person may submit written comments on the land use application or the environmental impacts of the proposal to the Director of Community and Economic Development by 5:00 p.m. on July 29, 2013. Only persons who submit written comments to the Director (address below) or specifically request a copy of the decision, may appeal the decision. However, any interested party may appeal the environmental threshold determination. Details of appeal procedures for the requested land use decision will be included with the written decision. Issuance of Final Environmental Determination: The final Determination of Nonsignificance (DNS) may be issued without a second comment period, unless timely comments identify probable significant adverse impacts that were not considered by the Notice of Optional DNS. A copy of the DNS may be obtained upon request. Availability of File: The official project file is available for public review at the Department of Community and Economic Development, 33325 8 Avenue South, Federal Way, WA 98003. Staff Contact: Assistant Planner Becky Chapin, 253-835-2641 Published in the Federal Way Mirror on July.12, 2013. Doc. I.D. 63693 •D vCl) C' cn .I PL S m T- i -J N C� O N Ul 0) (n m 0 0 0 N O 0 5 O O —I Cl) CTC� CD N 0 --I CD � N� w O 5 X• w 0� QCD Q CD CD n. -p - (D (D =� -- � O X (� C 3 X. C� C c -0 a) wN -O co Cl)O N (a� Q� 7 � Q m Q (7 rr O (D O a'W� 3�0:30 �O O D�0-0 CO CD n cr 'Q � O 0—*BE=WcOOww omQccn rn o N CD o, 0 n O h co CD w O C w D w co C CD 0 CD CD 0- CD d �G Tamara Fix From: Mary Lou Goss <mgoss@fedwaymirror.com> Sent: Thursday, July 11, 2013 10:35 AM To: Tamara Fix Subject: Re: Church of Blessing Legal Got it ... all taken care of Mary Lou Mary Lou Goss Office Coordinator/ Advertising Sales Consultant Office: 253-925-5565, Ext 3056 Internal: 02-3056 31919 1st Ave S, Ste 101, Federal Way, WA 98003 0 =. Sound Publishing, Inc. Map Print Rates Online Rates Media Kit Sound Info On Thu, Jul 11, 2013 at 7:42 AM, Tamara Fix <Tarnara.Fix cit offederalwa .comp wrote: Let's try once more. It opens just fine over here. If this doesn't work, can you take it as a PDF? Tamara Fix City of Federal Way Tamora.fix@cit offederalwa .corn 253-835-2502 "Just think about how happy you'd be if you lost everything and everyone you have right now, and then somehow got everything back again." Kobi Yamada From: Mary Lou Goss [mailto:m os5 fedwa mirror.com Sent: Wednesday, July 10, 2013 5:07 PM To: Tamara Fix Subject: Re: Church of Blessing Legal Hi Tamara; I am unable to open this document... tells me it is corrupt! Mary Lou Mary Lou Goss Office Coordinator/ Advertising Sales Consultant Office: 253-925-5565, Ext 3056 Internal: 02-3056 31919 1st Ave S, Ste 101, Federal Way, WA 98003 [A- Sound Publishing, Inc. Map Print Rates Online Rates Media Kit Sound Info On Wed, Jul 10, 2013 at 2:10 PM, Tamara Fix Namara.Fix@cityoffederalway.com> wrote: Please publish the attached legal notice (Church of Blessing NOA & Opt DNS, 13-102561) in Friday's (July 12, 2013) issue. Please confirm and issue an affidavit of publication. Thanks! Tamara Fix City of Federal Way Tamara .fix@cit offederalwa .com 253-835-2602 CITY OF Federal Way r1L i. , NOTICE OF MASTER LAND USE APPLICATION AND OPTIONAL DETERMINATION OF NONSIGNIFICANCE (DNS) Project Name: Church of Blessing Addition Project Description: The applicant proposes to construct a 16,306 square -foot sanctuary addition to the existing church. A portion of the existing metal building will be demolished and a new sanctuary will be constructed. The project also includes associated site improvements, landscaping, and rework of the existing parking lot. Applicant: Jamie Love, Freiheit & Ho Architects, 5209 Lake Washington Blvd. NE, Ste 200, Kirkland, WA 98033 Project Location: 1430 South 339t' Street, Federal Way. APN 172104-9045 Date Application Received: June 11, 2013 Date Determined Complete: July 2, 2013 Date of Notice of Application: July 12, 2013 Comment Due Date: July 29, 2013 Environmental Review: Based upon review of a completed environmental checklist, and other information on file with the City, it is likely that the City of Federal Way will determine that the project will not have a probable significant adverse impact on the environment and expects to issue a Determination of Nonsignificance (DNS) for this project. The optional DNS process in WAC 197-11-355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed project_ The proposal may include mitigation measures under applicable codes, and the review process may incorporate or require mitigation measures regardless of whether an environmental impact statement (EIS) is prepared. A copy of the subsequent threshold determination for the specific proposal may be obtained upon request. Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. Comments must be submitted by the date noted above. Permits Under Review: Use Process III (File #13-102560-UP), Concurrency (File #13-102562-CN), and State Environmental Policy Act Threshold Determination (File #13-102561-SE) Environmental Documents & Studies: Environmental Checklist, and Preliminary Technical Information Report Relevant Environmental Documents Are Available at the Address Below: Yes Development Regulations Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy;" Title 16 "Surface Water Management," and Title 19, "Zoning and Development Code" Public Comment & Appeals: Any person may submit written comments on the land use application or the environmental impacts of the proposal to the Director of Community and Economic Development by 5:00 p.m. on July 29, 2013. Only persons who submit written comments to the Director (address below) or specifically request a copy of the decision, may appeal the decision. However, any interested party may appeal the environmental threshold determination. Details of appeal procedures for the requested land use decision will be included with the written decision. Issuance of Final Environmental Determination: The final Determination of Nonsignificance (DNS) may be issued without a second comment period, unless timely comments identify probable significant adverse impacts that were not considered by the Notice of Optional DNS. A copy of the DNS may be obtained upon request. Availability of File: The offcialXroject file is available for public review at the Department of Community and Economic Development, 33325 8 Avenue South, Federal Way, WA 98003. Staff Contact: Assistant Planner Becky Chapin, 253-835-2641 Published in the Federal Way Mirror on July.12, 2013. Doc I.D 63693 CD m ■ o LAW nCD M z�> (D 0� CD M 0 (D X• 0) 0= Q Q. �_ X• ) n. O X O. F), w w 0. O 3� (Ea O 0-0 �. cc -0 a)M-CDD3ci�rn� 7 77 _ Q 0 0� O T O O cc 0� 0• O a- Cr- ? VI 0 O O CD CD a- O o 3 v, � CC CD � ,••. CDO �N CD o 0 0 0 0 h co CD w � o (/) r _. O c (Q CA) w 0 =r _. C/) m 0 CD CD CL CD �s CITY OF CITY HALL Federal WayFeder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederatway. com July 2, 2013 Ms. Jamie Love Freiheit & Ho Architects, Inc, P.S. FILE 5209 Lake Washington Blvd. NE, Suite 200 Kirkland, WA 98033 Re: File #13-102560-00-UP; COMPLETENESS REVIEW Church of Blessing,1430 South 330'h Street, Federal Way Dear Ms. Love: The Department of Community and Economic Development is in the process of reviewing information you submitted on June 11, 2013, for a proposal to construct a 16, 306 square foot sanctuary addition to the existing church. A portion of the existing metal building will be demolished and a new sanctuary will be constructed. The project also includes associated site improvements, landscaping, and rework of the existing parking lot. The project is being reviewed under the provisions of Federal Way Revised Code (FWRC) 19.65.010, "Process III Review — Project Approval," in addition to a State Environmental Policy Act (SEPA) review. Pursuant to the requirements of the FWRC, the city has 28 days to determine whether an application is complete. COMPLETE APPLICATION Please consider this letter a Notice of Complete Application. The Process III land use and SEPA applications are deemed complete as of July 2, 2013. This determination of completeness is based on a review of your submittal relative to applicable requirements referenced within FWRC 19.15.040, "Development application submittal requirements." Submittal requirements are not intended to determine if an application conforms to city codes, they are used only to determine if all required materials have been submitted. A 120-day time line for reviewing this environmental checklist and Process III application has started as of this date. The city's development regulations allow the department 120 days from the date that an application is deemed complete to take action on the application. However, the 120-day time line will be stopped at any time the city requires corrections and/or additional information. You will be informed of the status of the 120-day time line when you are notified in writing that corrections and/or additional information are needed. The Development Review Committee (DRC) staff is preparing initial technical review comments that will be forwarded to you in separate correspondence. File 913-102560-00-UP Doc. LD. 63692 Ms. Jamie Love Page 2 July 2, 2013 PUBLIC NOTICE The combined Notice of Application (NOA) and Optional Determination of Nonsignificance (DNS) will be distributed within 14 days of this letter as follows: 1) two notices will be posted at the subject property; 2) one copy will be posted at each of the official notification boards; 3) one copy will be published in the Federal W&iyYirror;'and 4M copy will be mailed to property owners within 300 feet of the subject property. Thedepartmettt also has the responsibility to notify other agencies that may have jurisdiction over your -development project or an interest in it. CLOSING If you have any questions regarding this letter or your development project, please feel free to contact me at 253-835-2642, or rebecca.clia in ci offederalwa _com. Sincerely, Becky Ch in NIM� Assistant Planner c: Scott Sproul, Assistant Building Official Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Transportation Planning Engineer Chris Ingham, South King Fire and Rescue Brian Asbury, Lakehaven Utility District File # 13-102560-00-UP Doc. ID_ 63692 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES Revised Routing DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: June 19, 2013 TO: Ann Dower, Senior Engineering Plans Reviewer Rick Perez, Traffic Scott Sproul, Assistant Building Official Brian Asbury, Lakehaven Utility District Chris Ingham, South King Fire & Rescue FROM: Becky Chapin FOR DRC MTG. ON: Please email completeness review by July 3, 2013. FILE NUMBER(s): 13-102560-00-UP, 13-102561-00-SE RELATED FILE NOS.: 12-103502-00-PC PROJECT NAME: CHURCH OF BLESSING PROJECT ADDRESS: 1430 S 330TH ST ZONING DISTRICT: BC PROJECT DESCRIPTION: Proposal to demolish existing metal building and construct new sancturary addition, including associated site improvements. LAND USE PERMITS: UPIII & SEPA PROJECT CONTACT: Jamie Love FREIHEIT & HO ARCHITECTS INC PS 5209 LAKE WASHINGTON BLVD NE Suite200 Kirkland, WA 98033 MATERIALS SUBMITTED: Master Land Use Application Title Report Sewer/Water Availability SEPA Checklist Tree Calculations Project/Design Narrative CPTED Checklist Vicinity Map Stormwater TIR Site Plan Drawings CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: June 18, 2013 TO: Ann Dower, Senior Engineering Plans Reviewer Scott Sproul, Assistant Building Official Brian Asbury, Lakehaven Utility District Chris Ingham, South King Fire & Rescue t Lindsey Tiroux, Public Safety Officer Rick Perez, City Traffic Engineer FROM: Stacey Curry FOR DRC MTG. ON: DATE- Internal DATE, TIME - with applicant FILE NUMBER(s) : 13-102560-00-UP RELATED FILE NOS.: None PROJECT NAME: CHURCH OF BLESSING PROJECT ADDRESS: 1430 S 330TH ST ZONING DISTRICT: BC PROJECT DESCRIPTION: Proposal to demolish existing metal building and construct new sancturary addition, including associated site improvements. LAND USE PERMITS: Preliminary Plat, SEPA PROJECT CONTACT: FREIHEIT & HO ARCHITECTS INC PS JAMIELOVE 5209LAKE WASHINGTONBLVDNESuite200 MATERIALS SUBMITTED: Preliminary Plat conceptual drawing ADDITIONAL NOTES: Not all documents have been issued to each involved party. If you would like a copy of any information involved, please contact Becky Chapin. Church of Blessing Expansion 1430 South 3301h Street Process III Project Narrative R.ECEIN,,Is ) JUN i ; 2 1 STY OF FWAru n - WAY cDs Freiheit&Ha lh i,t - ts A 16,306 sq. ft. Sanctuary Addition is proposed for the Church of Blessing located at 1430 S 330th St. The existing building that houses the current Sanctuary at the same location within the site will be removed to allow for this new Sanctuary addition. There is currently one other main building on site that this building will connect to as part of this scope of work. The existing uses within this building include Classrooms, Meeting Rooms and a Dining Room. The intent of this addition is to match the materials and reflect the general character of existing building. Code Criteria Section 19.115.050 Site Design — All Zoning Districts 1. General Criteria a. The proposed addition does not impact any natural amenities. b. As part of the proposed work, a landscape area at the southwest corner of the building will be removed to provide a new pedestrian plaza area. c. This new proposed pedestrian area will be visible from the intersection of the two roads that are adjacent to the site. d. The intent at the proposed addition is to match the existing materials and reflect the general character of the existing building. e. Not applicable. f. Not applicable. g. There are sidewalks located at all accessible sides of the proposed addition, providing access & use to reflect ownership. 2. Surface Parking Lots a. The site design is mostly "existing to remain", with minor adjustments necessary to accommodate the building addition. Landscape design meeting city requirements has been provided. b. Parking aisle design is "existing to remain" and provides continuous circulation through the site. c. Driveways are "existing to remain". d. Not applicable. e. See Section 19.115.090 425 827 2100 �,ax 425 828 6899 < s : www.FHCARCH.COM : st;;;:: 1023a NE Points Drive Ste 300 Kl rklattd WA } 981333 �F'iaE��.+Ai�rf'� FREIHEIT 6 HO ARCHITECTS INC, P.S. Page 2 of 4 3. Parking Structures Not applicable 4. Pedestrian Circulation & Public Spaces a. The primary entrance and associated pedestrian pathway are "existing to remain". b. The pedestrian pathway is "existing to remain". c. Not applicable. d. Not applicable. e. Site lighting is "existing to remain", with a couple of relocated fixtures to accommodate the new construction. A pedestrian plaza is proposed to accommodate some outdoor furniture. f. See Section 19.115.090 5. Landscaping Landscape design drawings are included. 6. Commercial, Service & Institutional Facilities a. Trash and recycling are "existing to remain". b. Site utilities are "existing to remain". 7. Miscellaneous Site Elements a. A site photometric lighting plan is included. b. Not applicable. Section 19.115.060 Building Design — All Zoning Districts 1. General Criteria Not applicable. 2. Building Fagade Modulation & Screening Options The proposed building addition incorporates the Fagade Modulation and Pedestrian Plaza treatments. The South fagade has several existing modulations meeting the requirements and the new proposed wall does to exceed 60 feet and is modulated more than 2 feet. On the West and North facades, the length of the fagade is broken by large brick pilasters that are similar to the existing pilasters at the primary entrance. These pilasters are 2 feet deep and 6 feet long and are located to highlight the Sanctuary area inside and break the fagade into lengths less than 60 feet. The Pedestrian Plaza is about 1,000 sq. ft. in area and is located at the Southwest corner of the building. 3. Building Articulation & Scale The proposed building addition includes window openings with visible trim that is further articulated by a change in color on the South fagade and at the North entry. One the West and North facades, there is trim similar to that at the windows that breaks up the expanse of wall into regular intervals. The brick pilasters further break up the length of the facades Page 3 of 4 both in modulation and finish. A cornice element provides further articulation at the roofline. Section 19.115.070 Building & Pedestrian Orientation — All Zoning Districts 1. Building & Pedestrian Orientation a. Not applicable b. The pedestrian plaza is located at the southwest corner of the building, within view of the street intersection and with convenient access to the existing pedestrian pathway to the primary entrance. c. Not applicable d. Not applicable Section 19.115.090 District Guidelines 1. Community Business a. Surface parking is "existing to remain" with only minor modifications to accommodate new construction. b. Primary entrance on South fagade is "existing to remain" and new secondary entry on North fagade is visible from the right of way. c. Primary entrance on South fagade is "existing to remain" and new secondary entry on North fagade is articulated by a porte-cochere. d. Not applicable. e. No ground -level mirrored or reflective glass is proposed. f. Not applicable. g. Not applicable h. The parking lot is mostly "existing to remain". At the portions of the parking lot impacted by the proposed addition, the parking rows have been broken up with planters so that there are no more than 10 adjacent stalls between planters. i. The new sidewalks adjacent to the proposed addition are over 6 feet wide with wheel stops at the stalls along the new sidewalk on the West side. Section 19.115.100 Institutional Uses 1, See Sections 19.115.050, 19.115.060, & 19.115.070 above. 2. See Section 19.115.090 above. 3. On the North fagade, the overall fagade length is 239.75 feet and has a modulation of 53 feet about midway on the fagade. On the West fagade, the overall fagade length is 147.67 feet and has a modulation of just over 39 feet at the transition from new to existing. On the South fagade, the overall fagade length is 239.75 feet and has a modulation of 18 feet at the transition from new to existing. The South modulation is the maximum available at this fagade, as it is the Page 4 of 4 location set by the existing exit stair enclosure that is to be shared by the new addition. There is a smaller modulation at eh existing building that provide another significant "step" in the fagade design, as well as significant visual articulation provided by the porte-cochere elements at the two existing entrances. 4. The roof line of the proposed additions includes a cornice element to match the existing, steps in the height of the roofline between the brick pilasters and an architectural curved parapet at the West side to highlight the Sanctuary space at the interior. 5. See Sections 19.115.060 and 19.115.070 above. 6. Not applicable. 7. Existing site lighting fixtures to remain or be relocated as necessary for new construction. There will be no change to site light fixture heights. RECETNEF-) JUN 1 1 2013 BLESSED CHURCH TREE CALCULATIONS: STY OF F`)P-RAc WAY 19.120.130 Tree and vegetation retention standards. City of Federal Way April 14,2013 MLZ 1. Units per acre Required in BC Zone 20 2. Site Total Square Footage 134,596.9 sf (3.09 ac) 3. Do not include the Cottonwood trees, since they are an invasive species. They account for 6 units. Subtract from total. 4. A minimum of one tree unit shall be provided for each 500 square feet of building expansion or new construction. 12,102 New building square feet. Divide by 500= 24 x 1.0 tree unit =24 tree units 5. A minimum of three tree units shall be provided for each tree unit removed, up to a maximum of 25 tree units per acre. 20.5 tree units to be removed. 20.5 x 3= 61.5. 6. Total Tree Unit Requirements: 61.5 plus 24= 85.5 7. Adding 14 units with the new landscape. Total Tree Unit Count. 14+ 86= 100 tree units 41k CITY 440'::�� OF Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8`h Avenue South Federal Way, WA 98003-6325 RECEIVED 253-835-2607; Fax 253-835-2609 w%vw.cityoffcdera1wgy.cam JUN 112013 CITY OF FEDERAL WAY Crime Prevention Through Environmental Design (CPTED) Checklist Directions Please fill out the checklist to indicate which strategies have been used to implement CPTED principles in your proposed project. Please check all strategies that are applicable to your project for each of the numbered guidelines. You may check more than one strategy for each guideline. Your responses will be evaluated by City Staff, and will be integrated into the Site Plan and/or Building Permit review process. Section and V Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review E) Applicable during Building Permit Review Section 1.0 NaturaI Surveillance 1.1 Blind Corners Conforms Avoid blind corners in pathways and parking lots. —Revise NA Fo-mrnents: Pathways should be direct. All barriers along pathways should be permeable (see through) including landscaping, fencing etc. ■ ❑ Consider the installation of mirrors to allow users to see ahead of them and around corners. e i Other strategy used: U 1.2 Site and Building Layout Allow natural observation from the street to the use, from the use to the street, and between uses Confonns —Revise NA Comments: Bulletin #022 — January 1, 2011 Page 1 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Performance Performance Standard Standard Strategy ■ Applicable daring Sitr Plan 1tuview G Apptkc*ble during Building Nrmil. Review Orient the main entrance towards the street or both streets on For Non -Single corners. i Family Development ❑ Position habitable rooms with windows at the front of the dwelling. ■ Access to dwellings or other uses above commercial/ retail development should not be from the rear of the building. ■ Offset windows, doorways and balconies to allow for natural observation while protecting privacy. ■ ❑ Locate main entrances/exits at the front of the site and in view of the street. 0 For Commercial/ Retail/ Industrial If employee entrances must be separated from the main and Community ❑ entrance, they should maximize opportunities for natural Facilities surveillance from the street. ■ ❑ In industrial developments, administration/offices should be located at the front of the building. ■ Avoid large expanses of parking. Where large expanses of For Surface ❑ parking are proposed, provide surveillance such as security Parking and cameras. ■ Parking Structures Access to elevators, stairwells and pedestrian pathways should ❑ be clearly visible from an adjacent parking area. ■ ❑ Avoid hidden recesses. ■ ❑ Locate parking areas in locations that can be observed by adjoining uses. ■ Open spaces shall be clearly designated and situated at For Common/ locations that are easily observed by people. Parks, plazas, Open Space ❑ common areas, and playgrounds should be placed in the front Areas of buildings. Shopping centers and other similar uses should face streets. ■ Other strategy used: El Evaluation for Agency Use Only Bulletin #022 — January 1, 2011 Page 2 of 9 k:\Handouts\CPTED Checklist Section and Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy M Applicable during Site Plan Revic 8 Applicable.durina Building Permit Review 1.3 Common/Open Space Areas and Public On -Site Open —Con Forms Space —Revise Provide natural surveillance for common/open space areas. NA Comments: Position active uses or habitable rooms with windows adjacent ❑ to main common/open space areas, e.g. playgrounds, swimming pools, etc., and public on -site open space. ■ Design and locate dumpster enclosures in a manner which ❑ screens refuse containers but avoids providing opportunities to hide. ■ Locate waiting areas and external entries to elevators/stairwells ❑ close to areas of active uses to make them visible from the building entry. e ❑ Locate seating in areas of active uses. e Other strategy used: 1.4 Entrances —Conforms T Provide entries that are clearly visible. Revise NA Comments: ❑ Design entrances to allow users to see into them before entering. a Entrances should be clearly identified (Signs must conform to ❑ FWRC 19.140.060. Exempt Signs. (Applicable during Certi rcaie of Occu arc Ins ection . Other strategy used: 1.5 Fencing Conforms Fence design should maximize natural surveillance frpm the —Revise street to the building and from the building to the street,'and _NA minimize opportunities for intruders to hide. Comments: Bulletin #022 — January 1, 2011 Page 3 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Performance Performance Standard Standard Strategy ■ Applicable during Site Plan Review 6 Applicable during Building'Permit Review ❑ Front fences should be predominantly open in design, e.g. pickets or wrought iron, or low in height. e Design high solid front fences in a manner that incorporates ❑ open elements to allow visibility above the height of five feet. e If noise insulation is required, install double -glazing at the ❑ front of the building rather than solid fences higher than five feet. e Evaluation for Agency Use Only Other strategy used: El 1.6 Landscaping Conforms Avoid landscaping which obstructs natural surveillance and _Revise allows intruders to hide. _NA Comments: ❑ Trees with dense low growth foliage should be spaced or their crown should be raised to avoid a continuous barrier. ■ Use low groundcover, shrubs a minimum of 24 inches in ❑ height, or high -canopied trees (clean trimmed to a height of eight feet) around children's play areas, parking areas, and along pedestrian pathways. ■ ❑ Avoid vegetation that conceals the building entrance from the street. ■ Other strategy used: 1.7 Exterior Lighting Conforms Provide exterior lighting that enhances natural surveillance. _Revise (Refer to FWRC 19.115.050(7)(a) for specific lighting NA requirements.) Comments: Prepare a lighting plan in accordance with Illuminating Engineering Society of America (IESA) Standards, which ❑ addresses project lighting in a comprehensive manner. Select a lighting approach that is consistent with local conditions and crime problems. ■ Bulletin #022 —January 1, 2011 Page 4 of 9 k:\Handouts\CPTED Checklist Section and f Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Prrmit Review Locate elevated light fixtures (poles, light standards, etc.) in a ❑ coordinated manner that provides the desired coverage. The useful ground coverage of an elevated light fixture is roughly twice its height. ■ For areas intended to be used at night, ensure that lighting ❑ supports visibility. Where lighting is placed at a lower height to support visibility for pedestrians, ensure that it is vandal - resistant. e ❑ Ensure inset or modulated spaces on a building facade, access/egress routes, and signage is well lit. e ❑ In areas used by pedestrians, ensure that lighting shines on pedestrian pathways and possible entrapment spaces. e Place lighting to take into account vegetation, in its current and ❑ mature form, as well as any other element that may have the potential for blocking light. e Avoid lighting of areas not intended for nighttime use to avoid ❑ giving a false impression of use or safety. If danger spots are usually vacant at night, avoid lighting them and close them off to pedestrians. e ❑ Select and light "safe routes" so that these become the focus of legitimate pedestrian activity after dark. a ❑ Avoid climbing opportunities by locating light standards and electrical equipment away from walls or low buildings. e ❑ Use photoelectric rather than time switches for exterior lighting. e In projects that will be used primarily by older people El (retirement homes, congregate care facilities, senior and/ or community centers, etc.) provide higher levels of brightness in public/common areas. e Other strategy used: 1.8 Mix of Uses Conforms In mixed use buildings increase opportunities for natural _Revise surveillance, while protecting privacy. —NA Comments: k:\Handouts\CPTED Checklist Bulletin #022—January 1, 2011 Page 5 of 9 Section and Functional Area Evaluation for Perrformance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building: Permit Review Where allowed by city code, locate shops and businesses on lower floors and residences on upper floors. In this way, ❑ residents can observe the businesses after hours while the residences can be observed by the businesses during business hours. ■ ❑ Include food kiosks, restaurants, etc. within parks and parking structures. ■ Other strategy: used 1.9 Security Bars, Shutters, and Doors Conforms When used and permitted by building and fire codes, security —Revise bars, shutters, and doors should allow observation of the street _NA and be consistent with the architectural style of the building. Comments: Security bars and security doors should be visually permeable (see -through). e Other strategy used: Section and Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review A Applicable during Building Pernut Review Section 2.0 Access Control 2.1 Building Identification Conforis Ensure buildings are clearly identified by street number to _Revise prevent unintended access and to assist persons trying to find �NA the building. Identification signs must conform to FWRC FOE Lents: 19.140.060. Exempt Signs. ❑ Street numbers should be plainly visible and legible from the street or road fronting the property. e Bulletin #022 — January 1, 2011 Page 6 of 9 k:\Handouts\CPTED Checklist Section and d Functional Area Evaluation For Performance Performance Standard Agency Use Only Standard 2.2 2.3 strategy ■ Applicable during Site Plan Review Q Applicable during Building, Permit Review In residential uses, each individual unit should be clearly numbered. In multiple building complexes, each building entry ❑ should clearly state the unit numbers accessed from than entry. In addition, unit numbers should be provided on each level or floor. e ❑ Street numbers should be made of durable materials, preferably reflective or luminous, and unobstructed (e.g. by foliage). e For larger projects, provide location maps (fixed plaque ❑ format) and directional signage at public entry points and along internal public routes of travel. e Other strategy used: Entrances —Conforms Avoid confusion in locating building entrances. Revise �NA Comments: Entrances should be easily recognizable through design ❑ features and directional signage. (Signs must conform to FWRC 19.140.060. Exempt Signs. s ❑ Minimize the number of entry points. ■ Other strategy used: 13 Landscaping Conforms Use vegetation as barriers to deter unauthorized access. ___.Revise _N A Comments: ❑ Consider using thorny plants as an effective barrier. e Other strategy used: 2.4 Landscaping Location --Conforms Avoid placement of vegetation that would enable access to a —Revise building or to neighboring buildings. _NA Comments: Bulletin #022 —January 1, 2011 Page 7 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review Avoid placement of large trees, garages, utility structures, ❑ fences, and gutters next to second story windows or balconies that could provide a means of access. ■ Other strategy used: El 2.5 Security Conforrns Reduce opportunities for unauthorized access —Revise NA Comments: Consider the use of security hardware and/or human measures ❑ to reduce opportunities for unauthorized access. (Applicable during Cerkf cote of Occupancy Inspection}. Other strategy used: 2.6 Signage —Conforms Insure that signage is clearly visible, easy to read and simple Revise to understand [Signs must conform to FWRC 19.140.060. ___NA Exempt Signs]. Comments: ❑ Use strong colors, standard symbols, and simple graphics for informational signs. e Upon entering the parking area, provide both pedestrians and For Surface ❑ drivers with a clear understanding of the direction to stairs, Parking and elevators, and exits. e Parking _ Structures In multi -level parking areas, use creative signage to distinguish El between floors to enable users to easily locate their cars. e ❑ Advise users of security measures that are in place and where to find them, i.e. security phone or intercom system. e Provide signage in the parking area advising users to lock their cars. e Bulletin #022 — January 1, 2011 Page 8 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review ❑ Where exits are closed after hours, ensure this information is indicated at the parking area entrance. e Other strategy used: Section 3.0 Ownership 3.1 Maintenance _Conforms Create a "caredfor "image Revise NA Comments: Ensure that landscaping is well maintained, as per FWRC ❑ 19.125.090, in order to give an impression of ownership, care, and security. (Ongoing). Where possible, design multi -unit residential uses such that no ❑ more than six to eight units share a common building entrance. r Other strategy used: 3.2 Materials Conforms Use materials, which reduce the opportunity for vandalism. Revise �NA Comments: Consider using strong, wear resistant laminate, impervious glazed ceramics, treated masonry products, stainless steel ❑ materials, anti -graffiti paints, and clear over sprays to reduce opportunities for vandalism. Avoid flat or porous finishes in areas where graffiti is likely to be a problem. e ❑ Where large walls are unavoidable, refer to FWRC 19.125.040(21) regarding the use of vegetative screens. e Common area and/or street furniture shall be made of long ❑ wearing vandal resistant materials and secured by sturdy anchor points, or removed after hours. e Other strategy used: Bulletin #022 —January 1, 2011 Page 9 of 9 k:\Handouts\CPTED Checklist Branch :LYK,User :LK14 Comment: Station Id :FFZ A r rec rdfn return to LAW OFFICES OF SMYTH & MASON, PLl-r- 7100 Bank of America Tower 701 Fifth Avenue Seattle, WA 98104 DOCUMENT TITLE(s): CID L' Reference Number(s) of o Documents Assigned or Released: 0 �n 0 0 0 0 0 ev Grantor(s): f1 � J j]� I I ��000�005001538' IE/8a021e8OF 1� g2 18 00 KING couNTY, WA COVER SHEET Grantee(s): Legal Description (abbreviated): (Additional legal on Page 2 of document) Assessor's Property Tax Parcel/ Account No.(s): ASSIGNMENT OF LEASE FOR SECUPi 1ST htr - 3 SIW IR-c 8905120210;8908280 1; 9709100632,4675062,5837598. 7703220884,7712280839, 8802260390,9608071471, 20000601001692;20000601001693, 9902019008 CHURCH OF BLESSING PACIFIC RIM INVESTMENT GROUP, LLC Section 17 Township 21N Range 4E NE Quarter SE Quarter 172104-9045-00 and 172104-9069-01 ASSIGN SE FOR SECURITY FOR VALUE RECEIVED, CHURCH OF BLESSING, hereinafter called "Assignor", does hereby convey and assign with right of reassignment to PACIFIC RIM INVESTMENT GROUP, LLC, hereinafter called "Assignee, and to its successors and assigns, all of Assignor's nght, title and interest in that certain Lease dated the 6' day of October, 1996, on real property commonly known as 1430 South 330" Street, Federal Way, Icing County, Washington, legally described as RECEIVED JUN 1-1 2013 CITY 0F rC�51tAL WAY KING,WA Page] of 3 Printed on 4/29/2013 8:24:58 AM Document: LSE ASN 2000.1005001538 Branch :LYK,User :LK14 Comment: Station Id TFZ THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM . IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS - BEGINNING AT THE NORTHEAST CORNER OF SAID DIVISION, THENCE NORTH 89041'44" WEST ALONG THE NORTH LINE THEREOF 444,45 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 0°14'38" WEST 380.00 FEET, THENCE SOUTH 89041'44" EAST 120 FEET TO A LINE PARALLEL WITH AND 280.00 FEET WESTERLY, AS MEASURED ALONG THE SOUTH LINE OF SAID SUBDIVISION, OF THE WESTERLY MARGIN OF PACIFIC HIGHWAY SOUTH; THENCE SOUTH 0°14'38" WEST ALONG SAID PARALLEL LINE 278.48 FEET TO THE SOUTH LINE OF SAID SUBDIVISION, THENCE NORTH 89°42'0" WEST ALONG SAID SOUTH LINE 335.41 FEET TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 0°18'15" EAST 658.52 FEET TO THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 89941'44" EAST 214 72 FEET TO THE TRUE POINT OF BEGINNING m pursuant to that certain Lease Agreement by and between Pacific Run Investment Group, LLC, as o Lessor, and United States Postal Service, as Lessee, hereinafter referred to as "Lease" CD s o It is hereby understood and agreed that the Assignment is given as security for Loan made CDby Assignee to Assignor, in the amount of Five Hundre% Fifty Thousand and no/100 Dollars ($550,000.00), evidenced by a certain Note dated the 5 day of October, 2000, executed by o Assignor, in favor of Assignee, in said amount, and so long as Assignee or any subsequent Holder of said Note has not entered into possession of the premises covered by said Lease for the purpose of operating the business of Lessee, Assignee or any subsequent Holder of the Note shall not be liable for rent or the performance of any other obligations of Lessee, under said Lease DATED this day of October, 2000, CHURCH OF BLESSING By V/r-ta' Victor I. Tis uk Its President By e Alexani(zr Doroshenko Its Secretary/Treasurer By lcxander P Melnik Its Vice -President KING,WA Page 2 of 3 Printed on 4/29/2013 8:24:59 AM Document: LSE ASN 2000,1005001538 Branch :LYK,User :LK14 Comment: r� Station Id :FFZ ACKNOWLEDGMENT ATTACHED TO and made a part of Assignment of Lease for Security STATE OF Washington County of Pierce ;. SS I certify that 1 know or have sdtisfaUory evidenu. thatVi ctor I Tishchuk, Alexandr P. Melnik and Alexandr Dozoshenko are the persons who appeared before inc, dnd said person s acknowledged that they signed this instrument, on oath stated that they are authorized to execuiL the instrument and acknowledge it as the President, Vice President and Sec./Treas. to be the free aWFv4jWdt$i , fjSl h Dated octaJseL=' � m ; to � ^[PRY cr•'. rZ: O '00 Leo o y`r47-E of — CD O cm O C=> C-.4 of Church of Blessing party for the use nd purpose nse tton d in thi. strument EJ't� l � { �' � Ct Renee Richardson Notary Public in and for the Sidle ofWashing n Residing dt Puyallup My appointment expires 9/25/2404 KING,WA Page 3 of 3 Printed on 4/29/2013 8:24:59 AM Document: LSE ASN 2000.1005001538 Branch :LYK,User :LK I4 Order: 652154 Title Officer: TT Comment: Station Id :FFZ After record+n , return to. James M, Hushagen EISENHOWER & CARLSON PLLC 1201 Pacific Avenue, Suite 1200 Tacoma, Washington 98402 (253) 572-4500 20100127000798 FIRST AMERICAN DT 217.00 PAGE-001 OF 031 01/27/2010 14:09 KING COUNTY, UA 20100127000798.001 Document Title(s) (or transactions contained therein) DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING Grantor(s) (Last name, first, then first name and initials) 1" CHURCH OF BLESSING ❑ Additional names on page of document. /W, 5 - 'r-/ /?2 LZ Grantee(s) (Last name first, then first name and initials) KEYBANK NATIONAL ASSOCIATION ❑ Additional names on page of document. Legal Description (abbreviated: i.e., lot, block plat or section, township, range, qtr /qtr.) PARCELS A & B, BLA NO. 01-102624-00-SU, REC. 20011212900004 0 Additional legal is on Exhlbit 1 to document. Reference Number(s) of Documents assigned or released: N/A ❑ Additional numbers on page of document. Assessor's Property Tax ParcedAccount Number 172104-9045-00; 172104-9069-01 ❑ Property Tax Parcel ID is not yet assigned ❑ Additional parcel numbers on page of document. KING,WA Page 1 of 31 Printed on 4/29/2013 8:19:52 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station ld :FFZ: 20100127000798.002 DEED OF TRUST ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING MADE BY CHURCH OF BLESSING, Grantor to FIRST AMERICAN TITLE INSURANCE COMPANY, Trustee for the benefit of KEYBANK NATIONAL ASSOCIATION as Beneficiary Dated as of: January 28, 2010 PREPARED BY AND UPON RECORDATION RETURN TO: James M. Hushagen and Clemencia Castro-Woolery Eisenhower & Carlson, PLLC 1201 Pacific Ave., Suite 1200 Tacoma, WA 98402 KING,WA Page 2 of 31 Printed on 4/29/2013 8:19:53 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK]4 Order: 652154 Title Officer: TT Comment: Station Id :FFZ; DEED OF TRUST ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING 20100127000798.003 THIS DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING ("Deed of Trust") is made as of January 29, 2010, by CHURCH OF BLESSING, a Washington nonprofit corporation ("Grantor") whose address is 1430 South 330th Street, Federal Way, WA 98003 in favor of FIRST AMERICAN TITLE INSURANCE COMPANY, its successors and assigns ("Trustee") whose address is 818 Stewart Street, Suite 800, Seattle, WA 98101 for the benefit of KEYBANK NATIONAL ASSOCIATION, a national banking association, and its successors and assigns ("Beneficiary") whose address is 1 109 Pacific Ave., Tacoma, WA 98402. Grant and Secured Obligations. 1.1. Grant. For the purpose of securing payment and performance of the Secured Obligations defined and described in Section 1.2 below, Grantor hereby irrevocably and unconditionally grants, bargains, sells, conveys, mortgages and warrants to Trustee and Beneficiary, with power of sale and with right of entry and possession, all estate, right, title and interest which Grantor now has or may later acquire in and to the following property (all or any part of such property, or any interest in all or any part of it, as the context may require, the "Property"): I.I.I. The real property located in the County of King, State of Washington as described in Exhibit A, together with all existing and future easements and rights affording access to it ("Premises"); together with 1.1.2. All buildings, structures and improvements now located or later to be constructed on the Premises ("Improvements"); together with 1.1.3. All existing and future appurtenances, privileges, easements, franchises and tenements of the Premises, including all minerals, oil, gas, other hydrocarbons and associated substances, sulphur, nitrogen, carbon dioxide, helium and other commercially valuable substances which may be in, under or produced from any part of the Premises, all development rights and credits, air rights, water, water rights (whether riparian, appropriative or otherwise, and whether or not appurtenant) and water stock, and any Premises lying in the streets, roads or avenues, open or proposed, in front of or adjoining the Premises and Improvements; together with 1.1.4. All existing and future leases, subleases, subtenancies, licenses, occupancy agreements and concessions ("leases") relating to the use and enjoyment of all or any part of the Premises and Improvements, and any and all guaranties and other agreements relating to or made in connection with any of such leases; together with -1- KING,WA Page 3 of 31 Printed on 4/29/2013 8:19:53 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment. Station Id :FFZ• 20100127000798.004 1.1.5. All real property and improvements on it, and all appurtenances and other property and interests of any kind or character, whether described in Exhibit A or not, which may be reasonably necessary or desirable to promote the present and any reasonable future beneficial use and enjoyment of the Premises and Improvements; together with 1.1.6. All goods, materials, supplies, chattels, furniture, fixtures, equipment and machinery now or later to be attached to, placed in or on, or used in connection with the use, enjoyment, occupancy or operation of all or any part of the Premises and Improvements, whether stored on the Premises or elsewhere, including all pumping plants, engines, pipes, ditches and flumes, and also all gas, electric, cooking, heating, cooling, air conditioning, lighting, refrigeration and plumbing fixtures and equipment, all of which shall be considered to the fullest extent of the law to be real property for purposes of this Deed of Trust and any manufacturer's warranties with respect thereto; together with 1.1.7. All building materials, equipment, work in process or other personal property of any kind, whether stored on the Premises or elsewhere, which have been or later will be acquired for the purpose of being delivered to, incorporated into or installed in or about the Premises or Improvements; together with 1.1.8. All of Grantor's interest in and to all operating accounts, the Loan (defined below) funds, whether disbursed or not, Grantor's blocked account in the amount of Two Hundred Fifty Seven Thousand, Five Hundred Ninety Two and No/100 Dollars ($257,592.00) dedicated to completion of the drain field and parking lot on the Premises and any other bank accounts of Grantor; together with 1.1.9. All rights to the payment of money, accounts, accounts receivable, reserves, deferred payments, refunds, cost savings, payments and deposits, whether now or later to be received from third parties (including all earnest money sales deposits) or deposited by Grantor with third parties (including all utility deposits), contract rights, development and use rights, governmental permits and licenses, applications, architectural and engineering plans, specifications and drawings, as built drawings, chattel paper, instruments, documents, notes, drafts and letters of credit (other than letters of credit in favor of Beneficiary), which arise from or relate to construction on the Premises or to any business now or later to be conducted on it, or to the Premises and Improvements generally and any builder's or manufacturer's warranties with respect thereto; together with 1.1.10. All insurance policies pertaining to the Premises and all proceeds, including all claims to and demands for them, of the voluntary or involuntary conversion of any of the Premises, Improvements or the other property described above into cash or liquidated claims, including proceeds of all present and future fire, hazard or casualty insurance policies and all condemnation awards or payments now or later to be made by any public body or decree by any Court of eampetent jurisdiction for any taking or in connection with any condemnation or eminent domain proceeding, and all causes of action and their proceeds for any damage or injury to the Premises, Improvements or the other property -2- KING,WA Page 4 of 31 Printed on 4/29/2013 8:19:54 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFZ 20100127000798.005 described above or any part of them, or breach of warranty in connection with the construction of the Improvements, including causes of action arising in tort, contract, fraud or concealment of a material fact; together with 1.1.11. Ail books and records pertaining to any and all of the property described above, including computer readable memory and any computer hardware or software necessary to access and process such memory ("Books and Records"); together with 1.1.12. All proceeds of, additions and accretions to, substitutions and replacements for, and changes in any of the property described above. 1.2. Secured Obligations. 1.2.1. Secured Obligations. Grantor makes the grant, conveyance, and mortgage set forth in Section 1.1 above, and grants the security interest set forth in Section 3 below for the purpose of securing the following obligations (the "Secured Obligations") in any order of priority that Beneficiary may choose: 1.2.1.1. Payment of all obligations at any time owing under a Promissory Note ("Note") bearing even date herewith, payable by Grantor as maker in the stated principal amount of One Million, Two Hundred Fifty Thousand and No/100 Dollars ($1,250,000.00) to the order of Beneficiary ("Loan"); and 1.2.1.2. Payment and performance of all obligations of Grantor under this Deed of Trust; and 1.2.1.3. Payment and performance of all obligations of Grantor under a Construction Loan Agreement bearing even date herewith between Grantor as "Borrower" and Beneficiary as "Lender" ("Loan Agreement"); and 1.2.1.4. Payment and performance of any obligations of Grantor under any Loan Documents, as defined in the Loan Agreement, which are executed by Grantor; and 1.2.1.5. Payment and performance of all modifications, amendments, extensions, and renewals, however evidenced, of any of the Secured Obligations. 1.2.1.6. All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such terms include any provisions in the Note which permit borrowing, repayment and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time. -3- KING, WA Page 5 of 31 Printed on 4/29/2013 8:19:55 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK 14 Order: 652154 Title Officer: TT Commen Station ld :FFZ: 2. Assignment of Rents. 20100127000798.006 2.1. Assignment. Grantor hereby irrevocably, absolutely, presently and unconditionally assigns to Beneficiary all rents, royalties, issues, profits, revenue, income, accounts, proceeds and other benefits of the Property, whether now due, past due or to become due, including all prepaid rents and security deposits (some or all collectively, as the context may require, "Rents"). This is an absolute assignment, not an assignment for security only. 2.2. Grant of License. Beneficiary hereby confers upon Grantor a license ("License") to collect and retain the Rents as they become due and payable, so long as no Event of Default, as defined in Section 6.1 below, shall exist and be continuing. If an Event of Default has occurred and is continuing, Beneficiary shall have the right, which it may choose to exercise in its sole discretion, to terminate this License without notice to or demand upon Grantor, and without regard to the adequacy of Beneficiary's security under this Deed of Trust. 2.3. Collection and Application of Rents. Subject to the License granted to Grantor under Section 2.2 above, Beneficiary has the right, power and authority to collect any and all Rents. Grantor hereby appoints Beneficiary its attorney in fact to perform any and all of the following acts, if and at the times when Beneficiary in its sole discretion may so choose: (a) demand, receive and enforce payment of any and all Rents; or (b) give receipts, releases and satisfactions for any and all Rents; or (c) sue either in the name of Grantor or in the name of Beneficiary for any and all Rents. Beneficiary and Grantor agree that the mere recordation of the assignment granted herein entitles Beneficiary immediately to collect and receive rents upon the occurrence of an Event of Default, as defined in Section 6.1, without first taking any acts of enforcement under applicable law, such as, but not limited to, providing notice to Grantor, filing foreclosure proceedings, or seeking and/or obtaining the appointment of a receiver. Further, Beneficiary's right to the Rents does not depend on whether or not Beneficiary takes possession of the Property as permitted under Section 6.2.6. In Beneficiary's sole discretion, Beneficiary may choose to collect Rents either with or without taking possession of the Property. Beneficiary shall apply all Rents collected by it in the manner provided under Section 6.5. If an Event of Default occurs while Beneficiary is in possession of all or part of the Property and is collecting and applying Rents as permitted under this Deed of Trust, Beneficiary and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Deed of Trust and at law or in equity. 2A. Beneficiary Not Responsible. Under no circumstances shall Beneficiary have any duty to produce Rents from the Property. Regardless of whether or not Beneficiary, in person or by agent, takes actual possession of the Premises and Improvements, unless Beneficiary agrees in writing to the contrary, Beneficiary is not and shall not be deemed to be: (a) a "beneficiary in possession" for any purpose; or (b) responsible for performing any of the obligations of the lessor under any lease; or (c) responsible for any -4- KING,WA Page 6 of 31 Printed on 4/29/2013 8:19:55 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK 14 Order: 652154 Title Officer: TT Comment: Station ld :FFZ 20100127000798.007 waste committed by lessees or any other parties, any dangerous or defective condition of the Property, or any negligence in the management, upkeep, repair or control of the Property; or (d) liable in any manner for the Property or the use, occupancy, enjoyment or operation of all or any part of it. 2.5. Leasing. Grantor shall comply with and observe Grantor's obligations as landlord or as tenant, as the case may be, under any leases of the Property or any part thereof. Grantor shall furnish Beneficiary with executed copies of the leases now existing or hereafter made of all or any part of the Property, and all future leases and all amendments or modifications thereto shall be subject to Beneficiary's prior written approval. Unless otherwise directed by Beneficiary, all leases of the Property made after the date hereof shall specifically provide that such leases are subordinate to this Agreement; that the tenant attorns to Beneficiary, such attornment to be effective upon Beneficiary's acquisition of title to the Property; that the tenant agrees to execute such further evidences of attornment as Beneficiary may from time to time request; and that the attomment of the tenant shall not be terminated by foreclosure. Grantor shall not, without Beneficiary's written consent, execute, modify, surrender or terminate, either orally or in writing, any lease hereafter made of all or any part of the Property, permit an assignment or sublease of such a lease, or request or consent to the subordination of any lease of all or any part of the Property to any lien subordinate to this Agreement, provided that such leases are on commercially reasonable terms. If Grantor becomes aware that any tenant proposes to do, or is doing, any act or thing that may give rise to any right to set-off against rent, Grantor shall (a) take such steps as shall be reasonably calculated to prevent the accrual of any right to a set-off against rent, (b) notify Beneficiary thereof and of the amount of said set -offs, and (c) within twenty (20) days after such accrual, reimburse the tenant who shall have acquired such right to set-off or take such other steps as shall effectively discharge such set-off and as shall assure that rents thereafter due shall continue to be payable without set-off or deduction. Grant of Security Interest. 3.1. Security Agreement. The parties intend for this Deed of Trust to create a lien on the Property, and an absolute assignment of the Rents, all in favor of Beneficiary. The parties acknowledge that some of the Property and some or all of the Rents may be determined under applicable law to be personal property or fixtures. To the extent that any Property or Rents may be or be determined to be personal property, Grantor as debtor hereby grants Beneficiary and Trustee as secured party a security interest in all such Property and Rents, to secure payment and performance of the Secured Obligations, This Deed of Trust constitutes a security agreement under the Uniform Commercial Code of the state in which the Property is located, covering all such Property and Rents. 3.2. Financing Statements. Grantor hereby authorizes Beneficiary to file one or more financing statements, In addition, Grantor shall execute such other documents as Beneficiary may from time to time require to perfect or continue the perfection of Beneficiary's security interest in any Property or Rents. As provided in Section 5.13 below, -5- KING,WA Page 7 of 31 Printed on 4/29/2013 8:19:56 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id TFZ 20100127000798.008 Grantor shall pay all fees and costs that Beneficiary may incur in filing such documents in public offices and in obtaining such record searches as Beneficiary may reasonably require. In case Grantor fails to execute any financing statements or other documents for the perfection or continuation of any security interest, Grantor hereby appoints Beneficiary as its true and lawful attomey in fact to execute any such documents on its behalf. If any financing statement or other document is filed in the records normally pertaining to personal property, that filing shall never be construed as in any way derogating from or impairing this Deed of Trust or the rights or obligations of the parties under it. 4. Fixture Filing. This Deed of Trust constitutes a financing statement filed as a fixture filing under Article 9 of the Uniform Commercial Code in the State of Washington, as amended or recodified from time to time, covering any Property which now is or later may become fixtures attached to the Premises or improvements. For this purpose, the respective addresses of Grantor, as debtor, and Beneficiary and Trustee, as secured party, are as set forth in the preambles of this Deed of Trust. follows: Rights and Duties of the Parties. 5.1. Representations and Warranties. Grantor represents and warrants as 5.1.1 _ Grantor lawfully possesses and holds fee simple title to all of the Premises and Improvements; 5.1.2. Grantor has or will have good title to all Property; 5.1.3. Grantor has the full and unlimited power, right and authority to encumber the Property and assign the Rents; 5.1.4. This Deed of Trust creates a first and prior lien on the Property; 5.1.5. The Property includes all property and rights which may be reasonably necessary or desirable to promote the present and any reasonable future beneficial use and enjoyment of the Premises and Improvements; 5.1.6. Grantor owns any Property which is personal property free and clear of any security agreements, reservations of title or conditional sales contracts, and there is no financing statement affecting such personal property on file in any public office; and 5.1.7. Grantor's place of business, or its chief executive office if it has more than one place of business, is located at the address specified below. 5.2. Taxes and Assessments. Grantor shall pay all real estate taxes and assessments and charges of every kind upon the Property before the same become delinquent, provided, however, that Grantor shall have the right to pay such tax under protest or to -6- KING,WA Page 8 of 31 Printed on 4/29/2013 8:1,9:57 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK]4 Order: 652154 Title Officer: TT Comment: Station Id :FFZ 20100127000798.009 otherwise contest any such tax or assessment, but only if (a) such contest has the effect of preventing the collection of such taxes so contested and also of preventing the sale or forfeiture of the Property or any part thereof or any interest therein, (b) Grantor has notified Beneficiary of Grantor's intent to contest such taxes, and (c) Grantor has deposited security in form and amount satisfactory to Beneficiary, in its sole discretion, and has increased the amount of such security so deposited promptly after Beneficiary's request therefor. If Grantor fails to commence such contest or, having commenced to contest the same, and having deposited such security required by Beneficiary for its full amount, shall thereafter fail to prosecute such contest in good faith or with due diligence, or, upon adverse conclusion of any such contest, shall fail to pay such tax, assessment or charge, Beneficiary may, at its election (but shall not be required to), pay and discharge any such tax, assessment or charge, and any interest or penalty thereon, and any amounts so expended by Beneficiary shall be deemed to constitute disbursements of the Loan proceeds hereunder (even if the total amount of disbursements would exceed the face amount of the Note). Grantor shall famish to Beneficiary evidence that taxes are paid at least five (5) days prior to the last date for payment of such taxes and before imposition of any penalty of accrual of interest. 5.3, Performance of Secured Obligations. Grantor shall promptly pay and perform each Secured Obligation in accordance with its terms. 5.4. Funds for Taxes, Insurance and Other Charges. 5.4.1. Beneficiary shall have the right to require Grantor to pay to Beneficiary on the first day of each month, until the Secured Obligations have been paid in full, a sum (herein "Funds") equal to one -twelfth of (a) the yearly water and sewer rates and taxes and assessments that may be levied on the Property and (b) the yearly premium installments for fire and other hazard insurance, rent loss insurance (if applicable) and such other insurance covering the Property as Beneficiary may require, all as reasonably estimated initially and from time to time by Beneficiary on the basis of assessments and bills and reasonable estimates thereof. Any waiver by Beneficiary of a requirement that Grantor pay such Funds may be revoked by Beneficiary, in Beneficiary's sole discretion, at any time upon notice in writing to Grantor. Beneficiary may require Grantor to pay to Beneficiary, in advance, such other Funds for other taxes, charges, premiums, assessments and impositions in connection with Grantor or the Property that Beneficiary shall reasonably deem necessary to protect Beneficiary's interests (herein "Other Impositions"). Unless otherwise provided by applicable law, Beneficiary, at Beneficiary's option, may require Funds for Other Impositions to be paid by Grantor in a lump sum (not exceeding Other Impositions due for a one-year period) or in periodic installments. 5.4.2. The Funds shall be held by Beneficiary and shall be applied to pay such rates, rents, taxes, assessments, insurance premiums and Other Impositions so long as no Event of Default has occurred. Beneficiary shall make no charge for so holding and applying the Funds, analyzing such account or for verifying and compiling said assessments and bills, unless Beneficiary pays Grantor interest, earnings or profits on the Funds and -7- KING,WA Page 9 of 31 Printed on 4/29/2013 8:19:58 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFZ. 20100127000798.010 applicable law permits Beneficiary to make such a charge. Unless applicable law requires interest, earnings or profits on the Funds to be paid, Beneficiary shall not be required to pay Grantor any interest, earnings or profits on the Funds. Beneficiary shall give to Grantor, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to such Funds was made. The Funds are pledged as additional security for the Secured Obligations and shall be subject to the right of set off. 5.4.3. If the amount of the Funds held by Beneficiary at the time of the annual accounting thereof shall exceed the amount deemed necessary by Beneficiary to provide for the payment of water and sewer rates, taxes, assessments, insurance premiums, rents and Other Impositions, as such payments become due, Beneficiary (in its sole discretion) may either (i) return the amount of the excess to Grantor or (ii) apply a part or all of such excess at such time or times as it may elect to the Secured Obligations. If, at any time, the amount of the Funds held by Beneficiary shall be less than the amount deemed necessary by Beneficiary to pay water and sewer rates, taxes, assessments, insurance premiums, rents and Other Impositions, as such payments become due, Grantor shall, on demand, pay such deficiency. Upon the occurrence of an Event of Default, Beneficiary may apply, in any amount and in any order as Beneficiary shall determine in Beneficiary's sole discretion, any Funds held by Beneficiary at the time of application (A) to pay rates, rents, taxes, assessments, insurance premiums and Other Impositions that are now or shall hereafter become due; or (B) as a credit against sums secured by this Agreement. Upon release of this Agreement and payment in full of the Secured Obligations, Beneficiary shall promptly refund to Grantor any Funds held by Beneficiary. 5.5. Use of Property, Unless required by applicable law or unless Beneficiary has otherwise agreed in writing, Grantor shall not allow changes in the use for which all or any part of the Property was intended at the time this Agreement was executed. Grantor shall not initiate or acquiesce in a change in the zoning classification of the Property without Beneficiary's prior written consent. 5.6. Liens, Charges and Encumbrances. 5.6.1. Grantor shall pay all water and sewer rates, rents, taxes, assessments, premiums, charges and impositions, attributable to the Property. Grantor shall promptly discharge any lien that has, or may have, priority over or equality with, the lien of this Agreement, other than Permitted Encumbrances. 5.6.2. If a mechanic's lien is filed against the Property, Grantor shall promptly notify Beneficiary and, at Beneficiary's request, shall, at Grantor's option, either (i) escrow with Beneficiary or, with the consent of Beneficiary, deposit in a court of competent jurisdiction a sum of money equal to the amount of the lien, or (ii) provide a bond against the lien in such amount and in such manner as to discharge the lien as an encumbrance against the Property. Without Beneficiary's prior written consent, Grantor shall not allow any lien, encumbrance, or other interest in the Property to be perfected against the Property, other than Permitted Encumbrances, unless Grantor is then diligently contesting same and has, as to the -8- KING,WA Page 10 of 31 Printed on 4/29/2013 8:19:58 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFZ; 20100127000798.011 lien, encumbrance or interest being contested, complied with (i) or (ii) of the preceding sentence, 5.7. Insurance. As more specifically described in the Loan Agreement, Grantor shall keep all Improvements now existing or hereafter erected on the Property insured against loss by fire and such other hazards, casualties, and contingencies and in such amounts as Beneficiary may require from time to time Nvith financially sound and reputable insurers, and Grantor will pay promptly when due any premiums on such insurance. All policies of insurance shall be delivered to and held by Beneficiary and have loss -payable clauses in favor of and in form acceptable to Beneficiary. Not less than fifteen (15) days before the expiration of any such policies, Grantor will deliver to Beneficiary new or renewal policies in like amounts covering the same risks. The policies shall provide that no cancellation shall occur without thirty (30) days prior written notice to Beneficiary. Should any loss occur to the insured property, Grantor will give immediate written notice to Beneficiary and will not adjust nor settle such loss without the written consent of Beneficiary, which may make proof of loss if not made promptly by Grantor. The insurance proceeds or any part thereof may be applied by Beneficiary, at Beneficiary's option, either to the reduction of the Secured Obligations or to restoration or repair of the property damaged. In the event of foreclosure of this Agreement, all right, title, and interest of Grantor in and to any insurance policies then in force shall pass to the purchaser at foreclosure sale, and Beneficiary is hereby appointed attorney in fact for Grantor for the purpose of assigning and transferring such policies and receiving all or any part of the proceeds therefrom. 5.8. Condemnation. 5.8,1. Grantor shall promptly notify Beneficiary of any action or proceeding relating to any condemnation or other taking, whether direct or indirect, of the Property, or part thereof, and Grantor shall appear in and prosecute any such action or proceeding unless otherwise directed by Beneficiary in writing. Grantor authorizes Beneficiary, at Beneficiary's option, as attomey-in-fact for Grantor, to commence, appear in and prosecute, in Beneficiary's or Grantor's name, any action or proceeding relating to any condemnation or other taking of the Property, whether direct or indirect, and to settle or compromise any claim in connection with such condemnation or other taking. The proceeds of any award, payment or claim for damages, direct or consequential, in connection with any condemnation or other taking, whether direct or indirect, of the Property, or part thereof, or for conveyances in lieu of condemnation, are hereby assigned to and shall be paid to Beneficiary. 5.8.2. With the consent of Beneficiary, which consent may be withheld in Beneficiary's sole discretion, Grantor may apply such awards, payments, proceeds or damages, after the deduction of Beneficiary's expenses incurred in the collection of such amounts, to restoration or repair of the Property. Otherwise such sums so received shall be applied to payment of the Secured Obligations. Grantor agrees to execute such further K1NG,WA Page 1 1 of 31 Printed on 4/29/2013 8:19:59 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFZ: 20100127000798.012 evidence of assignment of any awards, proceeds, damages or claims arising in connection with such condemnation or taking as Beneficiary may reasonably require. 5.9. Preservation and Maintenance of Property. Grantor. (a) shall not commit waste or permit impairment or deterioration of the Property; (b) shall not abandon the Property; (c) shall, unless Beneficiary withholds insurance proceeds as security for or application to the Secured Obligations, restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Beneficiary may approve in writing, in the event of any darnabe, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Agreement, and (iii) Beneficiary applies the proceeds of such insurance to payment of the Secured Obligations; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Grantor when necessary to keep such items in good repair; (e) shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, including, without limitation, the Americans with Disabilities Act, as it may be amended from time to time; and (f) shall give notice in writing to Beneficiary, appear in and defend any action or proceeding purporting to affect the Property, the security of this Agreement or the rights or powers of Beneficiary, except for any such action or proceeding caused by the gross negligence or intentional misconduct of Beneficiary. Unless required by applicable law or unless Beneficiary has otherwise consented in writing, neither Grantor nor any tenant or other Person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture (other than trade fixtures), equipment, machinery or appliance in or on the Property owned by Grantor and used or intended to be used in connection with the Property. 5.10. Releases, Extensions, Modifications and Additional Security. From time to time, Beneficiary may perform any of the following acts without incurring any liability or giving notice to any person_ (a) release any person liable for payment of any Secured Obligation; (b) extend the time for payment, or otherwise alter the terms of payment, of any Secured Obligation; (c) accept additional real or personal property of any kind as security for any Secured Obligation, whether evidenced by deeds of trust, mortgages, security agreements or any other instruments of security; (d) alter, substitute or release any property securing the Secured Obligations; (e) consent to the making of any plat or map of the Property or any part of it; (f) join in granting any easement or creating any restriction affecting the Property; or (g) join in any subordination or other agreement affecting this Deed of Trust or the lien of it; or (h) release the Property or any part of it. SIIZ KING,WA Page 12 of 31 Printed on 4/29/2013 8:19:59 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFZ 5.11. Protection of Beneficiary's Security. 20100127000798.013 5.11.1. If Grantor fails to perform the covenants and agreements contained in this Agreement, or if any action or proceeding is commenced that affects the Property or title thereto or the interest of Beneficiary therein, including, but not limited to, eminent domain, insolvency, enforcement of local laws, or arrangements or proceedings involving a bankrupt or decedent, then Beneficiary, at Beneficiary's option, may make such appearances, disburse such sums and take such action as Beneficiary deems necessary, in its sole discretion, to protect Beneficiary's interests, including, but not limited to, (a) disbursement of attorneys' fees; (b) entry upon the Property to remedy any failure of Grantor to perform hereunder; and (c) procurement of satisfactory insurance. 5.11.2. Any amounts disbursed by Beneficiary pursuant to this Section 5.1 1, with interest thereon, shall become part of the Secured Obligations and shall be secured by this Agreement. Unless Grantor and Beneficiary agree in writing to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the Default Rate as defined in the Note. Grantor hereby covenants and agrees that Beneficiary shall be subrogated to the lien of any mortgage or other lien discharged, in whole or in part, by the Secured Obligations. Nothing contained in this Section 5.11 shall require Beneficiary to incur any expense or take any action hereunder. 5.11.3. The procurement of insurance of the payment of taxes or other liens or charges by Beneficiary shall not be a waiver of the right of Beneficiary to accelerate the maturity of any of the Secured Obligations secured by this Agreement. Beneficiary's receipt of any awards, proceeds or damages under the insurance or condemnation provisions of this Agreement shall not operate to cure or waive any default in payment of sums secured by this Agreement. 5.12. Release. When all of the Secured Obligations have been paid in full and all fees and other sums owed by Grantor under this Deed of Trust and the other Loan Documents have been received, Beneficiary and Trustee shall release this Deed of Trust, the lien created thereby, and all notes and instruments evidencing the Secured Obligations. Grantor shall pay any costs of preparation and recordation of such release. 5.13. Compensation, Exculpation, Indemnification, 5.13.1. Grantor agrees to pay fees in the maximum amounts legally permitted, or reasonable fees as may be charged by Beneficiary when the law provides no maximum limit, for any services that Beneficiary or Trustee may render in connection with this Deed of Trust, including Beneficiary's providing a statement of the Secured Obligations or providing the release pursuant to Section 5.12 above. Grantor shall also pay or reimburse all of Beneficiary's or Trustee's costs and expenses which may be incurred in rendering any such services. Grantor further agrees to pay or reimburse Beneficiary for all costs, expenses and other advances which may be incurred or made by Beneficiary or Trustee in any efforts to KING,WA Page 13 of 31 Printed on 4/29/2013 8:20:00 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK]4 Order: 652154 Title Officer: TT Comment: Station Id :FFZ• 20100127000798.014 enforce any terms of this Deed of Trust, including any rights or remedies afforded to Beneficiary and Trustee under Section 6.2, whether any lawsuit is filed or not, or in defending any action or proceeding arising under or relating to this Deed of Trust, including attorneys' fees and other legal costs, costs of any Foreclosure Sale (as defined in Section 6.2.11 below) and any cost of evidence of title. If Beneficiary and/or Trustee, as required by applicable law, chooses to dispose of Property through more than one Foreclosure Sale, Grantor shall pay all costs, expenses or other advances that may be incurred or made by Beneficiary and/or Trustee in each of such Foreclosure Sales. In any suit to foreclose the lien hereof or enforce any other remedy of Beneficiary or Trustee under this Deed of Trust or the Note, there shall be allowed and included as additional indebtedness in the decree for sale or other judgment or decree all expenditures and expenses which may be paid or incurred by or on behalf of Beneficiary and Trustee for reasonable attorneys' costs and fees (including the costs and fees of paralegals), survey charges, appraiser's fees, inspecting engineer's and/or architect's fees, fees for environmental studies and assessments and all additional expenses incurred by Beneficiary and Trustee with respect to environmental matters, outlays for documentary and expert evidence, stenographers' charges, publication costs, and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, [Torrens certificates) and similar data and assurances with respect to title as Beneficiary and Trustee may deem reasonably necessary either to prosecute such suit or to evidence to bidders at any sale which may be had pursuant to such decree the true condition of the title to, the value of or the environmental condition of the Property. All expenditures and expenses of the nature in this Section mentioned, and such expenses and fees as may be incurred in the protection of the Property and maintenance of the lien of this Deed of Trust, including the fees of any attorney (including the costs and fees of paralegals) employed by Beneficiary or Trustee in any litigation or proceeding affecting this Deed of Trust, the Note or the Property, including probate and bankruptcy proceedings, or in preparation for the commencement or defense of any proceeding or threatened suit or proceeding, shall be immediately due and payable by Grantor, with interest thereon at the Default Rate and shall be secured by this Deed of Trust. 5.13.2. Neither Beneficiary nor Trustee shall be directly or indirectly liable to Grantor or any other person as a consequence of any of the following: (a) Beneficiary's or Trustee's exercise of or failure to exercise any rights, remedies or powers granted to Beneficiary and/or Trustee in this Deed of Trust; (b) Beneficiary's failure or refusal to perform or discharge any obligation or liability of Grantor under any agreement related to the Property or under this Deed of Trust; or (c) any loss sustained by Grantor or any third party resulting from Beneficiary's failure to lease the Property, or from any other act or omission of Beneficiary in managing the Property, after an Event of Default, unless the loss is caused by the willful misconduct and bad faith of Beneficiary. Grantor hereby expressly waives and releases all liability of the types described above, and agrees that no such liability shall be asserted against or imposed upon Beneficiary or Trustee. -12- KING,WA Page 14 of 31 Printed on 4/29/2013 8:20:01 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFZ 20100127000798.015 5,13.3. Grantor agrees to indemnify Beneficiary and Trustee against and hold them harmless from all losses, damages, liabilities, claims, causes of action, judgments, court costs, attorneys' fees and other legal expenses, cost of evidence of title, cost of evidence of value, and other costs and expenses which they may suffer or incur: (a) in performing any act required or permitted by this Deed of Trust or any of the other Loan Documents or by law; (b) because of any failure of Grantor to perform any of its obligations; or ( ) because of any alleged obligation of or undertaking by Beneficiary and/or Trustee to perform or discharge any of the representations, warranties, conditions, covenants or other obligations in any document relating to the Property other than the Loan Documents. This agreement by Grantor to indemnify Beneficiary and Trustee shall survive the release and cancellation of any or all of the Secured Obligations and the full or partial release of this Deed of Trust. 5,13.4. Grantor shall pay all obligations to pay money arising under this Section 5.13 immediately upon demand by Beneficiary. Each such obligation shall be added to, and considered to be part of, the principal of the Note, and shall bear interest from the date the obligation arises at the Default Rate. 5.14. Hazardous Waste Covenants and Indemnification. 5.14.1. Grantor covenants and warrants that Grantor's use of the Property shall at all times comply with and conform in all material respects to all laws, statutes, ordinances, rules and regulations of any governmental, quasi -governmental or regulatory authority now or hereafter in effect ("Laws") which relate to the transportation, storage, placement, handling, treatment, discharge, release, generation, production or disposal (collectively "Treatment") of any waste, waste products, petroleum or petroleum based products, radioactive materials, poly -chlorinated biphenyls, asbestos, hazardous materials or substances of any kind, pollutants, contaminants and any substance which is regulated by any law, statute, ordinance, rule or regulation (collectively "Waste"). Grantor further covenants that it shall not engage in or permit any Person to engage in any Treatment of any Waste on or that affects the Property except for activities which comply with all Laws in all material respects. "Person" means any individual, sole proprietorship, partnership, joint venture, unincorporated organization, corporation, limited liability company, institution, trust, estate, government or other agency or political subdivision thereof or any other entity. 5.14.2. Except as specifically disclosed to Beneficiary in writing, Grantor has no actual knowledge that the Property is the subject of any Notice, as hereinafter defined, from any governmental authority or Person. 5.14.3. Promptly upon receipt of any Notice from any Person, Grantor shall deliver to Beneficiary a true, correct and complete copy of any written Notice or a true, correct and complete report of any non -written Notice. Additionally, Grantor shall notify Beneficiary immediately after having knowledge or Notice of any Waste in or affecting the Property. "Notice" shall mean any note, notice, information, or report of any of the -13- KING,WA Page 15 of 31 Printed on 4/29/2013 8:20:01 AM Document: TDD 2010.0127000798 Branch :LYK,User :LKl4 Order: 652154 Title Officer: TT Comment: Station Id TFZ� 20100127000798.016 following: (a) any suit, proceeding, investigation, order, consent order, injunction, writ, award or action related to or affecting or indicating the Treatment of any Waste in or affecting the Property; (b) any spill, contamination, discharge, leakage, release, threatened release, or escape of any Waste in or affecting the Property, whether sudden or gradual, accidental or anticipated, or of any other nature ("Spill"); (c) any dispute relating to Grantor's or any other Person's Treatment of any Waste or any Spill in or affecting the Property; (d) any claims by or against any insurer related to or arising out of any Waste or Spill in or affecting the Property; (e) any recommendations or requirements of any governmental or regulatory authority, insurer or board of underwriters relating to any Treatment of Waste or a Spill in or affecting the Property; (f) any legal requirement or deficiency related to the Treatment of Waste or any Spill in or affecting the Property; or (g) any tenant, licensee, concessionaire, manager, or other Person occupying or using the Property or any part thereof which hay engaged in or engages in the Treatment of any Waste in or affecting the Property in violation of applicable Laws. 5.14.4. In the event that (a) Grantor has caused, suffered or permitted, directly or indirectly, any Spill in or affecting the Property during the term of this Agreement, or (b) any Spill of any Waste has occurred on the Property during the term of this Agreement, then Grantor shall immediately take all of the following actions: (i) notify Beneficiary as provided herein; (ii) take all steps necessary or appropriate to clean up such Spill and any contamination related to the Spill, all in accordance with the requirements, rules or regulations of any local, state or federal governmental or regulatory authority or agency having jurisdiction over the Spill; provided that Grantor may contest any such requirement, rule or regulation by appropriate proceedings diligently and in good faith, so long as (1) Grantor provides Beneficiary, at Grantor's cost, such sureties, performance bonds and other assurances as Beneficiary may from time to time request in respect of such Spill and contamination and the cleanup thereof, (2) any governmental or other action against Grantor and the Property is effectively stayed during Grantor's efforts so to contest, and (3) in Beneficiary's determination, a delay in such clean-up will not result in or increase any loss or liability to Beneficiary; (iii) restore the Property, provided that such restoration shall be no less than, but need not be more than, what is otherwise required by applicable federal, state or local law or authorities; (iv) allow any local, state or federal governmental or regulatory authority or agency having jurisdiction thereof to monitor and inspect all cleanup and restoration related to such Spill; and (v) at the written request of Beneficiary, post a bond or obtain a letter of credit for the benefit of Beneficiary (drawn upon a company or bank satisfactory to Beneficiary) or deposit an amount of money in an escrow account under Beneficiary's name upon which bond, letter of credit or escrow Grantor may draw, and which bond, letter of credit or escrow shall be in an amount sufficient to meet all of Grantor's obligations under this Section 5.14; and Beneficiary shall have the unfettered right to draw against the bond, letter of credit or escrow in its discretion in the event that Grantor is unable or unwilling to meet its obligation under this Section 5.14 or, if Grantor fails to post a bond or obtain a letter of credit or deposit such cash as is required herein, then Beneficiary, at Grantor's cost and expense, may, but shall have no obligation to do so for the benefit of -14- KING,WA Page 16 of 31 Printed on 4/29/2013 8:20:02 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id TFZ 20100127000798.017 Grantor and do those things that Grantor is required to do under clauses (ii), (iii) and (iv) of this Section 5.14.4. 5.14.5. Grantor hereby agrees that it shall indemnify, defend, save and hold harmless Beneficiary and Trustee and Beneficiary's and Trustee's officers, directors employees, agents, successors, assigns and affiliates (collectively, "Indemnified Parties") against and from, and to reimburse the Indemnified Parties with respect to, any and all damages, claims, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys', engineers' and consultants' fees and expenses, court costs, administrative costs, costs of appeals and all clean up, administrative, fines, penalties and enforcement costs of applicable governmental agencies) that are incurred by or asserted against the Indemnified Parties by reason or arising out of: (i) the breach of any representation, warranty or undertaking of Grantor under this Section 5,14, or (ii) the Treatment of any Waste by Grantor or any tenant, licensee, concessionaire, manager, or other Person occupying or using the Property, in or affecting the Property, or (iii) any Spill governed by the terms of this Section 5.14. 5.14.6. The obligations of Grantor under this Section 5.14 shall survive any termination or satisfaction of this Agreement. 5.15. Defense and Notice of Claims and Actions. At Grantor's sole expense, Grantor shall protect, preserve and defend the Property and title to and right of possession of the Property, and the security of this Deed of Trust and the rights and powers of Beneficiary created under it, against all adverse claims. Grantor shall give Beneficiary prompt notice in writing if any claim is asserted which does or could affect any such matters, or if any action or proceeding is commenced which alleges or relates to any such claim. 5.16. Subrogation, Beneficiary shall be subrogated to the liens of all encumbrances, whether released of record or not, which are discharged in whole or in part by Beneficiary in accordance with this Deed of Trust or with the proceeds of any loan secured by this Deed of Trust. 5.17. Site Visits, Observation and Testing. Beneficiary and its agents and representatives shall have the right at any reasonable time to enter and visit the Property for the purpose of performing appraisals, observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part of the Property. Beneficiary has no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by Beneficiary, its agents or representatives shall impose any liability on any of Beneficiary, its agents or representatives. In no event shall any site visit, observation or testing by Beneficiary, its agents or representatives be a representation that Waste are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Waste or any other applicable governmental law. Neither Grantor nor any other party is entitled to rely on any site visit, observation or testing by any of Beneficiary, its agents or representatives. Neither Beneficiary, its agents or representatives owe any duty of care to protect Grantor or any other -15- KING,WA Page 17 of 31 Printed on 4/29/2013 8:20:03 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Commee t Station Id :FFZ: 20100127000798.018 party against, or to inform Grantor or any other party of, any Waste or any other adverse condition affecting the Property. Beneficiary shall give Grantor reasonable notice before entering the Property. Beneficiary shall make reasonable efforts to avoid interfering with Grantor's use of the Property in exercising any rights provided in this Section 5.17. 5.18. Notice of Change. Grantor shall give Beneficiary prior written notice of any change in: (a) the location of its place of business or its chief executive office if it has more than one place of business; (b) the location of any of the Property, including the Books and Records; and (c) Grantor's name, business structure and/or state of organization. Unless otherwise approved by Beneficiary in writing, all Property that consists of personal property (other than the Books and Records) will be located on the Premises and all Books and Records will be located at Grantor's place of business or chief executive office if Grantor has more than one place of business. 5.19. Transfers. Grantor shall not (a) voluntarily or involuntarily sell, lease, exchange, assign, convey, transfer or otherwise dispose of all or any portion of the Property (or any interest therein, legal or equitable), or all or any of the ownership interest in Grantor, or (b) convey to any Person, other than Beneficiary, a security interest in the Property or any part thereof or voluntarily or involuntarily permit or suffer the Property to be further encumbered. 6. Default and Remedies. 6.1. Events of Default. Each of the following shall constitute an Event of Default under this Agreement: 6.1.1. Default on Indebtedness. Failure of Grantor to make any payment when due on the Loan. 6.12. Other Defaults. Failure of Grantor to comply with or to perform when due any other term, obligation, covenant or condition contained in this Deed of Trust, in the Loan Agreement, the Note or in any of the Loan Documents, or failure of Grantor to comply with or to perform any other term, obligation, covenant or condition contained in any other agreement between Beneficiary and Grantor. 6.1.3. Default in Favor of Third Parties. Default by Grantor under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Loan or perform their respective obligations under this Deed of Trust or any of the Loan Documents. 6.1.4. False Statements. Any warranty, representation, or statement made or furnished to Beneficiary by or on behalf of Grantor under this Deed of Trust or the Loan Documents is false or misleading in any material respect at the time made or furnished, or becomes false or misleading at any time thereafter. -16- KING,WA Page 18 of31 Printed on 4/29/2013 8:20:03 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FF7 20100127000798.019 6.1.5. Defective Collateralization. This Deed of Trust or any of the Loan Documents ceases to be in full force and effect (including failure of any Security Agreement, as defined in the Loan Agreement, to create a valid and perfected Security Interest, as defined in the Loan Agreement) at any time and for any reason. 6.1.6. Insolvency. The dissolution or termination of Grantor's existence as a going business, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. 6.1.7. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor against any Collateral securing the Indebtedness (both as defined in the Loan Agreement), or by any governmental agency. This includes a garnishment, attachment, or levy on or of any of Grantor's deposit accounts with Beneficiary. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding, and if Grantor gives Beneficiary written notice of the creditor or forfeiture proceeding and furnishes reserves or a surety bond for the creditor or forfeiture proceeding satisfactory to Beneficiary. 6.1.8. Adverse Change. A material change occurs in Grantor's financial condition, or Beneficiary believes the prospect of payment or performance of the Indebtedness is impaired. 6.1.9. Insecurity. Beneficiary, in good faith, deems itself insecure. 6.2. Remedies. At any time after an Event of Default, Beneficiary shall be entitled to invoke any and all of the rights and remedies described below, in addition to all other rights and remedies available to Beneficiary at law or in equity. All of such rights and remedies shall be cumulative, and the exercise of any one or more of them shall not constitute an election of remedies. 6.2.1. Declare all of the Secured Obligations to be immediately due and payable, whereupon all unpaid principal, interest and fees in respect of such Obligations, together with all of Beneficiary's costs, expenses and attorneys' fees related thereto, under the terms of the Loan Documents or otherwise, shall be immediately due and payable; under any Loan; 6.2.2. Terminate any commitment to make any additional advances 6.23. Exercise any and all rights and remedies available to Beneficiary under any applicable law; -17- KING,WA Page 19 of 31 Printed on 4/29/2013 8:20:04 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 "—) Order: 652154 Title Officer: TT Comme Station Id :FFL 20100127000798.020 6.2.4. Exercise any and all rights and remedies granted to Beneficiary under the terms of this Deed of Trust and any of the other Loan Documents; 6,2.5. Beneficiary shall, as a matter of right, without notice and without giving bond to Grantor or anyone claiming by, under or through Grantor, and without regard for the solvency or insolvency of Grantor or the then value of the Property, to the extent permitted by applicable law, be entitled to have a receiver appointed for all or any part of the Property and the Rents, and the proceeds, issues and profits thereof, with the rights and powers referenced below and such other rights and powers as the court making such appointment shall confer, and Grantor hereby consents to the appointment of such receiver and shall not oppose any such appointment. Such receiver shall have all powers and duties prescribed by applicable law, all other powers which are necessary or usual in such cases for the protection, possession, control, management and operation of the Property, and such rights and powers as Beneficiary would have, upon entering and taking possession of the Property under Section 6.2.7. below. 6.2.6. Beneficiary, in person, by agent or by court -appointed receiver, may enter, take possession of, manage and operate all or any part of the Property, and may also do any and all other things in connection with those actions that Beneficiary may in its sole discretion consider necessary and appropriate to protect the security of this Deed of Trust. Such other things may include: taking and possessing all of Grantor's or the then owner's Books and Records; entering into, enforcing, modifying or canceling leases on such terms and conditions as Beneficiary may consider proper; obtaining and evicting tenants; fixing or modifying Rents; collecting and receiving any payment of money owing to Beneficiary; completing any unfinished construction; and/or contracting for and making repairs and alterations. If Beneficiary so requests, Grantor shall assemble all of the Property that has been removed from the Premises and make all of it available to Beneficiary at the site of the Premises. Grantor hereby irrevocably constitutes and appoints Beneficiary as Grantor's attorney -in -fact to perform such acts and execute such documents as Beneficiary in its sole discretion may consider to be appropriate in connection with taking these measures, including endorsement of Grantor's name on any instruments. 6.2.7. Beneficiary may cure any breach or default of Grantor, and if it chooses to do so in connection with any such cure, Beneficiary may also enter the Property and/or do any and all other things which it may in its sole discretion consider necessary and appropriate to protect the security of this Deed of Trust. Such other things may include: appearing in and/or defending any action or proceeding which purports to affect the security of, or the rights or powers of Beneficiary under, this Deed of Trust; paying, purchasing, contesting or compromising any encumbrance, charge, lien or claim of lien which in Beneficiary's sole judgment is or may be senior in priority to this Deed of Trust, such judgment of Beneficiary or to be conclusive as among the parties to this Deed of Trust; obtaining insurance and/or paying any premiums or charges for insurance required to be carried hereunder; otherwise caring for and protecting any and all of the Property; and/or employing counsel, accountants, contractors and other appropriate persons to assist Beneficiary. Beneficiary may take any of the actions permitted under this Section 6.2.7. either with or without giving notice to any person. Any -18- KING,WA Page 20 of 31 Printed on 4/29/2013 8:20:05 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFZ 20100127000798.021 amounts expended by Beneficiary under this Section 6.2.7. shall be secured by this Deed of Trust. 6.2,8. Beneficiary shall have the right, in one or several concurrent or consecutive proceedings, to foreclose the lien hereof upon the Property or any part thereof, for the Secured Obligations, or any part thereof, by any proceedings appropriate under applicable law. Beneficiary or its nominee may bid and become the purchaser of all or any part of the Property at any foreclosure or other sale hereunder, and the amount of Beneficiary's successful bid shall be credited on the Secured Obligations. Without limiting the foregoing, Beneficiary may proceed by a suit or suits in law or equity, whether for specific performance of any covenant or agreement herein contained or in aid of the execution of any power herein granted, or for any foreclosure under the judgment or decree of any court of competent jurisdiction. In addition to the right provided in Section 6.2.1., upon, or at any time after the filing of a complaint to foreclose this Deed of Trust, Beneficiary and Trustee shall be entitled to the appointment of a receiver of the property by the court in which such complaint is filed, and Grantor hereby consents to such appointment, 6.2.9. Beneficiary may exercise all rights and remedies contained in any other instrument, document, agreement or other writing heretofore, concurrently or in the future executed by Grantor or any other person or entity in favor of Beneficiary in connection with the Secured Obligations or any part thereof, without prejudice to the right of Beneficiary thereafter to enforce any appropriate remedy against Granter Beneficiary shall have the right to pursue all remedies afforded to a beneficiary under applicable law, and shall have the benefit of all of the provisions of such applicable law, including all amendments thereto which may become effective from time to time after the date hereof, 6.2.10. Beneficiary and/or Trustee, as required by applicable law, shall have the discretionary right to cause some or all of the Property, which constitutes personal property, to be sold or otherwise disposed of in any combination and in any manner permitted by applicable law. (i) For purposes of this power of sale, Beneficiary and/or Trustee, as required by applicable law, may elect to treat as personal property any Property which is intangible or which can be severed from the Premises or Improvements without causing structural damage. If it chooses to do so, Beneficiary and/or Trustee, as required by applicable law, may dispose of any personal property, in any manner permitted by Article 9 of the Uniform Commercial Code of the State of Washington, including any public or private sale, or in any manner permitted by any other applicable law. (ii) In connection with any sale or other disposition of such Property, Grantor agrees that the following procedures constitute a commercially reasonable sale: Beneficiary shall mail written notice of the sale to Grantor not later than thirty (30) days prior to such sale. Beneficiary will publish notice of the sale in a local daily newspaper of general circulation. Upon receipt of any written request, Beneficiary will make the Property available to any bona -19- KING,WA Page 21 of 31 Printed on 4/29/2013 8:20:05 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFZ 20100127000798.022 fide prospective purchaser for inspection during reasonable business hours. Notwithstanding, Beneficiary shall be under no obligation to consummate a sale if, in its judgment, none of the offers received by it equals the fair value of the Property offered for sale. The foregoing procedures do not constitute the only procedures that may be commercially reasonable. 6.2.11. If the Property consists of more than one lot, parcel or item of property, Beneficiary and/or Trustee, as required by applicable law, may: 0) Designate the order in which the lots, parcels and/or items shall be sold or disposed of or offered for sale or disposition; and (ii) Elect to dispose of the lots, parcels and/or items through a single consolidated sale or disposition to be held or made under or in connection with judicial proceedings, or by virtue of a judgment and decree of foreclosure and sale; or through two or more such sales or dispositions; or in any other manner Beneficiary may deem to be in its best interests (any such sale or disposition, a "Foreclosure Sale;" and any two or more, "Foreclosure Sales"). 6.2.12. If Beneficiary chooses to have more than one Foreclosure Sale, Beneficiary at its option may cause the Foreclosure Sales to be held simultaneously or successively, on the same day, or on such different days and at such different times and in such order as Beneficiary may deem to be in its best interests. No Foreclosure Sale shall terminate or affect the liens of this Deed of Trust on any part of the Property which has not been sold, until all of the Secured Obligations have been paid in full. 6.3. Application of Foreclosure Sale Proceeds. Beneficiary shall apply the proceeds of any Foreclosure Sale in the following manner: (a) first, to pay the portion of the Secured Obligations attributable to the expenses of sale, costs of any action and any other sums for which Grantor is obligated to reimburse Beneficiary or Trustee under Section 5.13 of this Deed of Trust; (b) second, to pay the portion of the Secured Obligations attributable to any sums expended or advanced by Beneficiary under the terms of this Deed of Trust which then remain unpaid; (c) third, to pay all other Secured Obligations in any order and proportions as Beneficiary in its sole discretion may choose, and (d) fourth, to remit the remainder, if any, to the person or persons entitled to it. 6.4. Application of Rents and Other Sums. Beneficiary shall apply any and all Rents collected by it, and any and all sums other than proceeds of a Foreclosure Sale which Beneficiary may receive or collect under Section 6.2 above, in the following manner: (a) first, to pay the portion of the Secured Obligations attributable to the costs and expenses of operation and collection that may be incurred by Beneficiary or any receiver; (b) second, to pay all other Secured Obligations in any order and proportions as Beneficiary in its sole discretion may choose; and (c) third, to remit the remainder, if any, to the person or persons entitled to it. Beneficiary shall have no liability for any funds which it does not actually receive. -20- KING,WA Page 22 of 31 Printed on 4/29/2013 8:20:06 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station ld :FFZ. The Trustee. 20100127000798.023 7.1. Certain Rights, With the approval of Beneficiary, Trustee shall have the right to take any and all of the following actions: (a) to select, employ and consult with counsel (who may be, but need not be, counsel for Beneficiary) upon any matters arising hereunder, including the preparation, execution and interpretation of the Loan Documents, and shall be fully protected in relying as to legal matters on the advice of counsel, (b) to execute any of the trusts and powers hereof and to perform any duty hereunder either directly or through his or her agents or attorneys, (c) to select and employ, in and about the execution of his or her duties hereunder, suitable accountants, engineers and other experts, agents and attorneys in fact, either corporate or individual, not regularly in the employ of Trustee (and Trustee shall not be answerable for any act, default, negligence, or misconduct of any such accountant, engineer or other expert, agent or attorney in fact, if selected with reasonable care, or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or accountable under any circumstances whatsoever, except for Trustee's gross negligence or bad faith), and (d) any and all other lawful action that Beneficiary may instruct Trustee to take to protect or enforce Beneficiary's rights hereunder. Trustee shall not be personally liable in case of entry by Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Premises for debts contracted for or liability or damages incurred in the management or operation of the Premises. Trustee shall have the right to rely on any instrument, document, or signature authorizing or supporting any action taken or proposed to be taken by Trustee hereunder, believed by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for expenses incurred by Trustee in the performance of Trustee's duties hereunder and to reasonable compensation for such of Trustee's services hereunder as shall be rendered. Grantor will, from time to time, pay the compensation due to Trustee hereunder and reimburse Trustee for, and save and hold Trustee harmless against, any and all liability and expenses which may be incurred by Trustee in the performance of Trustee's duties. 7.2. Retention of Money. All moneys received by Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received, and shall be segregated from any other moneys of Trustee. 7.3. Successor Trustees. Trustee may resign by the giving of notice of such resignation in writing to Beneficiary. If Trustee shall die, resign or become disqualified from acting in the execution of this trust, or if, for any reason, Beneficiary, in Beneficiary's sole discretion and with or without cause, shall prefer to appoint a substitute trustee or multiple substitute trustees, or successive substitute trustees or successive multiple substitute trustees, to act instead of the Trustee, Beneficiary shall have full power to appoint a substitute trustee (or, if preferred, multiple substitute trustees) in succession who shall succeed (and if multiple substitute trustees are appointed, each of such multiple substitute trustees shall succeed) to all the estates, rights, powers and duties of the Trustee. Such appointment may be executed by any authorized agent of Beneficiary, and if such Beneficiary be a corporation and such appointment be executed on its behalf by any officer of such corporation, such -21- KING, WA Page 23 of 31 Printed on 4/29/2013 8:20:07 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 --) Order: 652154 Title Officer: TT Comme111 Station Id TFZ 20100127000798.024 appointment shall be conclusively presumed to be executed with authority and shall be valid and sufficient without proof of any action by the board of directors or any superior officer of the corporation, Grantor hereby ratifies and confirms any and all acts which the Trustee, or his or her successor or successors in this trust, shall do lawfully by virtue hereof. If multiple substitute trustees are appointed, each of such multiple substitute trustees shall be empowered and authorized to act alone without the necessity of the joinder of the Other multiple substitute trustees, whenever any action or undertaking of such substitute trustees is requested or required under or pursuant to this Deed of Trust or applicable law. Any prior election to act jointly or severally shall not prevent either or both of such multiple substitute Trustees from subsequently executing, jointly or severally, any or all of the provisions hereof. 7.4. Perfection of Appointment. Should any deed, conveyance, or instrument of any nature be required from Grantor by any Trustee or substitute Trustee to more fully and certainly vest in and confirm to Trustee or substitute Trustee such estates, rights, powers, and duties, then, upon request by Trustee or substitute trustee, any and all such deeds, conveyances and instruments shall be made, executed, acknowledged, and delivered and shall be caused to be recorded and/or filed by Grantor. 7.5. Succession Instruments. Any substitute trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed or conveyance, become vested with all the estates, properties, rights, powers, and trusts of its, his or her predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Beneficiary or of the substitute trustee, the Trustee ceasing to act shall execute and deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all the estates, properties, fights, powers, and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute trustee so appointed in such Trustee's place. T6. No Representation by Trustee or Beneficiary, By accepting or approving anything required to be observed, performed, or fulfilled or to be given to Trustee or Beneficiary pursuant to the Loan Documents, neither Trustee nor Beneficiary shall be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision, or condition thereof, and such acceptance or approval thereof shall not be or constitute any warranty or affirmation with respect thereto by Trustee or Beneficiary. Miscellaneous Provisions. 8.1. Additional Provisions, The Loan Documents fully state all of the terms and conditions of the parties' agreement regarding the matters mentioned in or incidental to this Deed of Trust. The Loan Documents also grant further nights to Beneficiary and contain further agreements and affirmative and negative covenants by Grantor which apply to this Deed of Trust and to the Property. -22- KING,WA Page 24 of 31 Printed on 4/29/2013 8:20:08 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK]4 Order: 652154 Title Officer: TT Comment: Station Id :FF%; 8.2. No Waiver or Cure. 20100127000798.025 8.2.1. Each waiver by Beneficiary must be in writing, and no waiver shall be construed as a continuing waiver. No waiver shall be implied from any delay or failure by Beneficiary to take action on account of any default of Grantor. Consent by Beneficiary to any act or omission by Grantor shall not be construed as a consent to any other or subsequent act or omission or to waive the requirement for Beneficiary's consent to be obtained in any future or other instance. 8.2.2, If any of the events described below occurs, that event alone shall not: cure or waive any breach, Event of Default or notice of default under this Deed of Trust or invalidate any act performed pursuant to any such default or notice; or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and all other defaults under the Loan Documents have been cured); or impair the security of this Deed of Trust; or prejudice Beneficiary or any receiver in the exercise of any right or remedy afforded any of them under this Deed of Trust; or be construed as an affirmation by Beneficiary of any tenancy, lease or option, or a subordination of the lien of this Deed ot'l rust: (a) Beneficiary or 'Trustee, its agent or a receiver takes possession of all or any part of the Property in the manner provided in Section 6.2.5.; (b) Beneficiary collects and applies Rents as permitted under Sections 2.3 and 6.5 above, either with or without taking possession of all or any part of the Property; (c) Beneficiary or Trustee receives and applies to any Secured Obligation any proceeds of any Property, including any proceeds of insurance policies, condemnation awards, or other claims, property or rights assigned to Beneficiary hereunder; (d) Beneficiary makes a site visit, observes the Property and/or conducts tests as permitted under Section 5.17 above; (e) Beneficiary or Trustee receives any sums under this Deed of Trust or any proceeds of any collateral held For any of the Secured Obligations, and applies them to one or more Secured Obligations; (f) Beneficiary, Trustee or any receiver invokes any right or remedy provided under this Deed of Trust. 8.3. Powers of Beneficiary. 8.3.1. If Beneficiary performs any act which it is empowered or authorized to perform under this Deed of Trust, including any act permitted by Section 5.10 or Section 6.2.4. of this Deed of Trust, that act alone shall not release or change the personal liability of any person for the payment and performance of the Secured Obligations then outstanding, or the lien of this Deed of Trust on all or the remainder of the Property for full payment and performance of all outstanding Secured Obligations. The liability of the original Grantor shall not be released or changed if Beneficiary grants any successor in interest to Grantor any extension of time for payment, or modification of the terms of payment, of any Secured Obligation. Beneficiary shall not be required to comply with any demand by the original Grantor that Beneficiary refuse to grant such an extension or modification to, or commence proceedings against, any such successor in interest. -23- KING,WA Page 25 of 31 Printed on 4/29/2013 8:20:08 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: 1 � Station ld :FFZ 20100127000798.026 8.3.2. Beneficiary may take any of the actions permitted under Sections 6.2.5. and/or 6.2.6. regardless of the adequacy of the security for the Secured Obligations, or whether any or all of the Secured Obligations have been declared to be immediately due and payable, or whether notice of default and election to sell has been given under this Deed of Trust. 8.3.3. From time to time, Beneficiary may apply to any court of competent jurisdiction for aid and direction in executing and enforcing the rights and remedies created under this Deed of Trust. Beneficiary may from time to time obtain orders or decrees directing, confirming or approving acts in executing and enforcing these rights and remedies. 8.4. Merger. No merger shall occur as a result of Beneficiary's acquiring any other estate in or any other lien on the Property unless Beneficiary consents to a merger in writing. 8.5. Joint and Several Liability. if Grantor consists of more than one person, each shall be jointly and severally liable for the faithful performance of all of Grantor's obligations under this Deed of Trust. 8.6. Applicable Law. The creation, perfection and enforcement of the lien of this Deed of Trust shall be governed by the law of the State of Washington. Subject to the foregoing, in all other respects, this Deed of Trust shall be governed by the substantive laws of the State of Washington. 8.7. Successors in Interest. The terms, covenants and conditions of this Deed of Trust shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties. However, this Section 8.7 does not waive the provisions of Section 5.19 above. 8.8. Interpretation. 8.8.1. Whenever the context requires, all words used in the singular will be construed to have been used in the plural, and vice versa, and each gender will include any other gender. The captions of the sections of this Deed of Trust are for convenience only and do not define or limit any terms or provisions. The word "include(s)" means "include(s), without limitation," and the word "including" means "including, but not limited to." 8.8.2. The word "obligations" is used in its broadest and most comprehensive sense, and includes all primary, secondary, direct, indirect, fixed and contingent obligations. It further includes all principal, interest, prepayment charges, late charges, loan fees and any other fees and charges accruing or assessed at any time, as well as all obligations to perform acts or satisfy conditions. -24- KING,WA Page 26 of 31 Printed on 4/29/2013 8:20:09 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FF% 20100127000798.027 8.9.3. No listing of specific instances, items or matters in any way limits the scope or generality of any language of this Deed of Trust. The Exhibits to this Deed of Trust are hereby incorporated in this Deed of Trust. 8.9. Waiver of Statutory Rights. To the extent permitted by law, Grantor hereby agrees that it shall not and will not apply for or avail itself of any appraisement, valuation, stay, extension or exemption laws, or any so called "Moratorium Laws," now existing or hereafter enacted, in order to prevent or hinder the enforcement or foreclosure of this Deed of Trust, but hereby waives the benefit of such laws. Grantor for itself and all who may claim through or under it waives any and all right to have the property and estates comprising the Property marshaled upon any foreclosure of the lien hereof and agrees that any court having jurisdiction to foreclose such lien may order the Property sold as an entirety. Grantor hereby waives any and all rights of redemption from sale under any judgment of foreclosure of this Deed of Trust on behalf of Grantor and on behalf of each and every person acquiring any interest in or title to the Property of any nature whatsoever, subsequent to the date of this Deed of Trust. The foregoing waiver of right of redemption is made pursuant to the provisions of applicable law. 8.10. Severability. If any provision of this Deed of Trust should be held unenforceable or void, that provision shall be deemed severable from the remaining provisions and shall in no way affect the validity of this Deed of Trust except that if such provision relates to the payment of any monetary sum, then Beneficiary may, at its option, declare all Secured Obligations immediately due and payable. 8.11. Notices. All notices, requests, demands or other communications provided for hereunder shall be in writing and mailed or delivered to any party hereto at the address of such party specified below. All notices, statements, requests, demands and other communications provided for hereunder shall be deemed to be given or made when delivered or forty-eight (48) hours after being deposited in the mails with postage prepaid by registered or certified mail, addressed as aforesaid, or sent by facsimile with telephonic confirmation of receipt, except that notices from Grantor to Beneficiary pursuant to any of the provisions hereof shall not be effective until received by Beneficiary. Grantor Church of Blessing 1430 South 33Wh Street Federal Way, WA 98003 Beneficiary KeyBank National Association Tacoma Business Banking Center Attention: Jean K Smith 1109 Pacific Ave. Tacoma, WA 98402 Telephone: (253) 305-7862 Facsimile: (253) 305-7917 - 25 - KING,WA Page 27 of 31 Printed on 4/29/2013 8:20:10 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFZ• Trustee First American Title Insurance Company 818 Stewart St., Suite 800 Seattle, WA 98101 Telephone: (800) 526-7544 Facsimile: (866) 279-9534 With Copy to: James M. Hushagen and Clemencia Castro-Woolery Eisenhower & Carlson, PLLC 1201 Pacific Ave., Suite 1200 Tacoma, WA 98402 Telephone: (253) 572-4500 Facsimile: (253) 272-5732 20100127000798.028 or at such other address as the party to be served with notice may have furnished in writing to the party seeking or desiring to serve notice as a place for the service of notice. Any notice or demand delivered to the person or entity named above to accept notices and demands for Grantor shall constitute notice or demand duly delivered to Grantor, even if delivery is refused. 8.12. Future Advances. The total amount of indebtedness secured hereby may increase or decrease from time to time. This Deed of Trust shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. 8.13. Beneficiary's Lien for Service Charge and Expenses. At all times, regardless of whether any Loan proceeds have been disbursed, this Deed of Trust secures (in addition to any Loan proceeds disbursed from time to time) the payment of any and all loan commissions, service charges, liquidated damages, expenses and advances due to or incurred by Beneficiary not to exceed the maximum amount secured hereby. 8.14. WAIVER OF TRIAL BY JURY. GRANTOR, BENEFICIARY AND TRUSTEE EACH WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AMONG BENEFICIARY, TRUSTEE AND GRANTOR ARISING OUT OF, IN CONNECTION WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION WITH THIS AGREEMENT OR ANY NOTE OR OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED THERETO. 8.15. UCC Financing Statements. Grantor hereby authorizes Beneficiary to file UCC financing statements to perfect Beneficiary's security interest in any part of the Property. In addition, Grantor agrees to sign any and all other documents that Beneficiary deems necessary in its sole discretion to perfect, protect, and continue Beneficiary's lien and security interest on the Property. -26- KING,WA Page 28 of 31 Printed on 4/29/2013 8:20:10 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id TFZ 20100127000798.029 8,16. Certain Matters Relating to Property Located in the State of Washington. With respect to the Property which is located in the State of Washington, notwithstanding anything contained herein to the contrary, the Premises and the Property are not used principally for agricultural or farming purposes. NOTICE CONCERNING ORAL AGREEMENTS Oral agreements or oral commitments to lend money, extend credit or to forbear from enforcing repayment of a debt are not enforceable under Washington law. GRANTOR CHURCH OF BLESSING B y: Alekandr Melnik Its President By:� A eksandr Burich Its Secretary/Treasurer STATE OF WASHINGTON ) ss. County of King j BENEFICIARY KEYBANK NATIONAL ASSOCIATION 1 M Jean K. Smith Vice President and Relationship Manager I certify that 1 know or have satisfactory evidence that Alexandr Melnik and Aleksandr Burich are the persons who appeared before me, and acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the President and Secretary/Treasurer, respectively, of Church of Blessing to be the free and voluntary act of such parties for the uses and purposes mentioned in the instrument. r7 DATED January / , 2010. 3ZALE STILLER•ANDER$0N STATE OF WASHINGTON NOTARY PUBLIC My COMMISSION EXPIRES 07-10-12 00432420 doc -27- �.I ature of Notary Public Name of Notary Public NOTARY PUBLIC .S Ca fkt My Appointment Expires: T/4 i) KING, WA Page 29 of 31 Document: TDD 2010.0127000798 Printed on 4/29/2013 8:20:1 1 AM Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comme}1>; Station Id :FFZ� (Corporate) STATE OF WASHINGTON } } SS. County of King } 20100127000798.030 I certify that I know or have satisfactory evidence that Jean K. Smith is the person(s) who appeared before me, and said person(s) acknowledged that they signed this instrument, on oath stated that he is are authorized to execute the instrument and acknowledged it as the Vice President of the Keybank National Association to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: January 27, 2010 CHWALE "R� STATE OF WASW4GTON NOTARY PUBLIC MY COMMISSION ExPtRES 07-10-12 Name : Chantale Stiller Anderson NOTARY PUBLIC in and for the State of WA Residing at Seattle My appointment expires: 7-10-12 K1NG,WA Page 30 of 31 Printed on 4/29/2013 8:20:12 AM Document: TDD 2010.0127000798 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFZ• 20100127000798.031 EXHIBIT A Description of Premises Parcels A and B, Boundary Line Adjustment No. 01-102624-00-SU, recorded December 12, 2001 under Recording No, 20011212900004, in King County, Washington. K1NG,WA Page 31 of 31 Printed on 4/29/2013 8:20:13 AM Document: TDD 2010.0127000798 Rainier Title King/Snohomish Direct: (888) 929-1999 King/Snohomish Fax: (206) 230-7779 or (425) 339-2491 Pierce Direct: (253) 671-1120 Pierce Fax: (253) 476-3700 Email: T_ heTitieTeai-a@RainierTiiie.coin 1501 4th Avenue, Suite 300, Seattle, WA 98101 SUBDIVISION CERTIFICATE Certificate Fee: $300.00 Sales Tax: $ 28.50 Order Number: 652154 This Certificate does not purport to reflect a full report on condition of title and shall have no force or effect except as a basis for the Certificate applied for. This Certificate is restricted to the use of the addressee and is not to be used as a basis for closing any transaction affecting title to said property. Liability of the Company is limited to the compensation received therefor. Title to the FEE SIMPLE estate or interest in the land is at the Effective Date vested in: Church of Blessing, a Washington non-profit Corporation Effective Date: April 25, 2013 at 8:00 A.M. The land referred to in this Certificate is described in Schedule A. Exceptions are set forth in Schedule B. Rainier Title, Agent for Stewart Title Guaranty Company BRENDA L. MCCOY, UNIT MANAGER SCHEDULE A Parcel A, King County Boundary Line Adjustment No. 01-102624-00-90, recorded under Recording No. 20011212900004, records of King County, Washington; Except that portion conveyed to the City of Federal Way by Deed recorded September 1, 2011 under Recording No. 20110901001062. Situate in the County of King, State of Washington. END OF SCHEDULE A SCHEDULE B EXCEPTIONS The records of the King County Assessor indicate the premises herein described as having an exemption for the calendar year 2013. Tax Account No.: 172104-9045-00 Investigation should be made with the Assessor's office to determine the liability for any past taxes plus interest and penalty which may be due and payable because of any change in the tax status of said premises. Please contact the King County Assessor's Office at 206-296-3920. 2. The legal description in this commitment is based upon information provided with the application for title insurance and the public records as defined in the policy to issue. The parties to the forthcoming transaction must notify the title insurance company, prior to closing, if the description does not conform to their expectations. 3. To help you avoid delays at closing, we would like to make you aware of our final recording run times: Regular recordings: King County: 2:30 pm Pierce County: 2:45 pm Snohomish County: 1:30 pm Monday through Thursday, 1:00 pm Friday KING COUNTY recordings are processed out of our Seattle office at 1501 4th Avenue, Suite 300. SNOHOMISH COUNTY recordings are processed out of our Everett office at 2722 Colby Avenue, Suite 125. PIERCE COUNTY recordings are processed out of our University Place office at 3560 Bridgeport Way W., Suite 2E. E-recordings: King County: Non -excise only, 3:30 pm Pierce County: Non -excise only, 3:45 pm Snohomish County: 3:30 pm Monday through Thursday, 3:00 pm Friday NOTE: There is an additional $4.00 charge per document when E-Recording. When E-Recording documents requiring excise clearance (available in Snohomish County only), checks must be made payable to "Rainier Title". E-Recordings are processed out of our Everett office at 2722 Colby Avenue, Suite 125. 4. Evidence should be submitted disclosing the identity and authority of the parties who will execute the proposed instrument for Church of Blessing in accordance with its by- laws and pursuant to the discipline of the parent church with which it may be affiliated. 5. Unrecorded leaseholds, if any; rights of vendors and holders of security interest on personal property installed upon the land; and rights of tenants to remove trade fixtures at the expiration of the term. PLEASE FULLY COMPLETE AND RETURN THE ATTACHED SELLER'S AFFIDAVIT TO THE COMPANY FOR REVIEW PRIOR TO CLOSING. 6. Assignment of Lease for Security and the terms and conditions thereof: .Assignor: Church of Blessing Assignee: Pacific Rim Investment Group, LLC Dated: October 5, 2000 Recorded: October 5, 2000 Recording No.: 20001005001538 7. Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing and the terms and conditions thereof: Grantor: Church of Blessing, a Washington non-profit corporation Trustee: First American Title Insurance Company Beneficiary: KeyBank National Association Original amount: $257,592.00 Dated: January 29, 2010 Recorded: January 27, 2010 Recording No.: 20100127000798 Affects: Said premises and other property 8. We find no pertinent matters of record against the name(s) of the vested owners. 9. Easement and the terms and conditions thereof: Purpose: ingress, egress and utilities Area affected: a portion of said premises Recorded: March 22, 1956 Recording No.: 4675062 10. Agreement and the terms and conditions thereof: Recorded: January 27, 1965 Recording No.: 5837598 Regarding: Public Streets or Roadways and Utilities 11. Easement and the terms and conditions thereof: Grantee: Puget Sound Power & Light Company Purpose: Electric transmission and/or distribution line(s) Area affected: a portion of said premises Recorded: March 22, 1977 Recording No.: 7703220884 12. Easement and the terms and conditions thereof: Grantee: The Lakehaven Sewer District Purpose: Sewer mains Area affected: a portion of said premises Recorded: December 28, 1977 Recording No.: 7712280839 13. Easement and the terms and conditions thereof: Grantee: Pacific Northwest Bell Telephone Company Purpose: Underground Utility Easement Area affected: a portion of said premises Recorded: February 26, 1988 Recording No.: 8802260390 14. All covenants, conditions, restrictions, reservations, easements or other servitudes, if any, but omitting restrictions, if any, based upon race, color, creed or national origin, disclosed by the boundary line adjustment recorded under Recording No. 9608071471. Rights or benefits, if any, which may be disclosed by the recorded document(s) above affecting land outside the boundary described in Schedule A. 15. All covenants, conditions, restrictions, reservations, easements or other servitudes, if any, but omitting restrictions, if any, based upon race, color, creed or national origin, disclosed by the boundary line adjustment recorded under Recording No. 20011212900004. Rights or benefits, if any, which may be disclosed by the recorded document(s) above affecting land outside the boundary described in Schedule A. 16. Voluntary Agreement -Church of Blessing and the terms and conditions thereof: Recorded: March 7, 2005 Recording No.: 20050307000026 17. Easement and the terms and conditions thereof: Grantee: Lakehaven Utility District Purpose: Water Facilities Area affected: a portion of said premises Recorded: July 25, 2005 Recording No.: 20050725002027 18. License and the terms and conditions thereof: Grantee: City of Federal Way Purpose: To enter upon property Area affected: a portion of said premises Recorded: July 7, 2009 Recording No.: 20070707000944 19. Easement and the terms and conditions thereof: Grantee: Qwest Corporation Purpose: Telecommunications facilities, and electrical facilities Area affected: a portion of said premises Recorded: November 7, 2011 Recording No.: 20110722000745 20. Declaration of Covenant and the terms and conditions thereof: Recorded: September 1, 2011 Recording No.: 20110901001061 END OF SCHEDULE B EXCEPTIONS Additional Notes: A. Abbreviated Legal Description: Parcel A of BLA No. 20011212900004 which is a Ptn of the NEQ of the SEQ of Section 17, T 21 N, R 4 E B. Property Address: 1430 S. 330th Street, Federal Way, WA 98003 PRIVACY POLICY WE ARE COMMITTED TO SAFEGUARDING CUSTOMER INFORMATION IN ORDER TO BETTER SERVE YOUR NEEDS NOW AND IN THE FUTURE, WE MAY ASK YOU TO PROVIDE US WITH CERTAIN INFORMATION. WE UNDERSTAND THAT YOU MAY BE CONCERNED ABOUT WHAT WE WILL DO WITH SUCH INFORMATION - PARTICULARLY ANY PERSONAL OR FINANCIAL INFORMATION. WE AGREE THAT YOU HAVE A RIGHT TO KNOW HOW WE WILL UTILIZE THE PERSONAL INFORMATION YOU PROVIDE TO US. THEREFORE, WE HAVE ADOPTED THIS PRIVACY POLICY TO GOVERN THE USE AND HANDLING OF YOUR PERSONAL INFORMATION. APPLICABILITY DEPENDING UPON WHICH OF OUR SERVICES YOU ARE UTILIZING, THE TYPES OF NONPUBLIC PERSONAL INFORMATION THAT WE MAY COLLECT INCLUDE: • INFORMATION WE RECEIVE FROM YOU ON APPLICATIONS, FORMS AND IN OTHER COMMUNICATIONS TO US, WHETHER IN WRITING, IN PERSON, BY TELEPHONE OR ANY OTHER MEANS; • INFORMATION ABOUT YOUR TRANSACTIONS WITH US, OUR AFFILIATED COMPANIES, OR OTHERS,AND • INFORMATION WE RECEIVE FROM A CONSUMER REPORTING AGENCY. USE OF INFORMATION WE REQUEST INFORMATION FROM YOU FOR YOUR OWN LEGITIMATE BUSINESS PURPOSES AND NOT FOR THE BENEFIT OF ANY NONAFFILIATED PARTY. THEREFORE, WE WILL NOT RELEASE YOUR INFORMATION TO NONAFFILIATED PARTIES EXCEPT: (1) AS NECESSARY FOR US TO PROVIDE THE PRODUCT OR SERVICES YOU HAVE REQUESTED OF US; OR (2) AS PERMITTED BY LAW. WE MAY, HOWEVER, STORE SUCH INFORMATION INDEFINITELY, INCLUDING THE PERIOD AFTER WHICH ANY CUSTOMER RELATIONSHIP HAS CEASED. SUCH INFORMATION MAY BE USED FOR ANY INTERNAL PURPOSE, SUCH AS QUALITY CONTROL EFFORTS OR CUSTOMER ANALYSIS. WE MAY ALSO PROVIDE ALL OF THE TYPES OF NONPUBLIC PERSONAL INFORMATION LISTED ABOVE TO ONE OR MORE OF OUR AFFILIATED COMPANIES. SUCH AFFILIATED COMPANIES INCLUDE FINANCIAL SERVICE PROVIDERS, SUCH AS TITLE INSURERS, PROPERTY AND CASUALTY INSURERS, AND TRUST AND INVESTMENT ADVISORY COMPANIES, OR COMPANIES INVOLVED IN REAL ESTATE SERVICES, SUCH AS APPRAISAL COMPANIES, HOME WARRANTY COMPANIES AND ESCROW COMPANIES. FORMER CUSTOMERS EVEN IF YOU ARE NO LONGER OUR CUSTOMER, OUR PRIVACY POLICY WILL CONTINUE TO APPLY TO YOU. CONFIDENTIALITY AND SECURITY WE WILL USE OUR BEST EFFORTS TO ENSURE THAT NO UNAUTHORIZED PARTIES HAVE ACCESS TO ANY OF YOUR INFORMATION. WE RESTRICT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO THOSE INDIVIDUALS AND ENTITIES WHO NEED TO KNOW THAT INFORMATION TO PROVIDE PRODUCTS OR SERVICES TO YOU. WE WILL USE OUR BEST EFFORTS TO TRAIN AND OVERSEE OUR EMPLOYEES AND AGENTS TO ENSURE THAT YOUR INFORMATION WILL BE HANDLED RESPONSIBLY AND IN ACCORDANCE WITH THIS PRIVACY POLICY. WE CURRENTLY MAINTAIN PHYSICAL, ELECTRONIC, AND PROCEDURAL SAFEGUARDS THAT COMPLY WITH FEDERAL REGULATIONS TO GUARD YOUR NONPUBLIC PERSONAL INFORMATION. Order No. 652154 7L This sketch is provided without charge, for your information. It is not intended to show all matters related to the property including, but not limited to: area, dimensions, easements, encroachments or location of boundaries. It is not a part of, nor does it modify, the commitment/policy to which it is attached. The Company assumes NO LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for further information. 22-56 Feb 21-56 ''`.. dog and cuff c en ,%tn�ntv BYlle F y ng 3arvIce, Ina. 1f:1Z�3-eat Development d Jftaxement Corporst.lon, K.ennetn sJ.Pn:L.Lj1pa and WjdrW Rorr-�jd 3. QuI9 11 and Ellen M.4auln$i1l., nw,Walter tend-orr anji hazel F.Oatendorf, nw,p, Bar!! A.Mamin atO Hazel 0. 3 r�� , nw, e7 All*reyrg9¢y�''olalran% ArAge -InR �'o .roo my and OJ.tri !a liwl.i.� 1� single MnfD aeon bk�.Y ng the arv4ner of or naving an int in re sit in See 17 - 2 •-4 kow and ea crl des lring to o.r re for the USe t id ben Of 811 of the present sW rutLire pwop o rs of ad See 17.. sriitat,".e pr vi a�or rcedway and utility sec oax to aTid rrom the props in ad 17, rr r P-W an Con or t10 and tag atxo suff con 9*nd of The anatual COV i2m contained,, do aeon grent unt 1 Pacn otner° and unto all or to p.`t ent- and fL;Vuv..nevowne rs olr a r�,,v ptn of ad Soo ' 7-,L>1-4 an eamt. ror rc*dvw.y puyID ror ingrese and egreaa and ror utiiity purl for power., vaster, sewer, te3.ep,, Fas or o1l lines., over, cross and under the rol tree tts or so See 1.7-21-4 kaw For rued purp 1. q 30 rt of tie NEJ less Nc lboy and lees eamt t c, �onnev ll l a Adorn; 2. nie N tm rt or the SE , less ivy ar4 less esmt to BonnevUle Adorn 4 3. The S 30 ft the mi of Ck of S* 030 fte1w; 4. TNe N 30 't ar tne E 3o rt of t aft or m* or Sa idar, PEA Paly; or 63C rt tbor, T ne W 00 :ir z.--is E 3w rt of the * or sE* ac OIEJ D_r SEE le 34 UO -4 10 M ZnOf; :T 4" E 30 t of the cc S* of Mki of Su lolls k toe s 30 ft thof; The S 30 M O:r t, "is-, a .W, or EKk or 30 rt of Ma or ZZ of O�or - 30 rtd oro4TVW B 30 1 rt 0-;� "th)ak -of .10 1-le 3 tile wt; 11: T. me H 30 4-t or of , -- 11,he w 30 rt of the S* or HE" For utill-ty purp: 1. Tteh N 10 M or des I above 2-, -Tn*S I() rt or doo 2 above 3. Tile N '10 n%f p':r Les I ab-we 4. s .1 c) rt of Ce a N� 4 a b ove The E 10 r% or des No 5 above f- The 9 and W 10 rt or des 6 above I"? T- -- W 10 M, of des No ',' nbove 1 10, -Toe of rt of d" Ko 8 albove Ttle s io rt ol des9 above fte: w ano X Io rt or des No Icy ebove 11. The W 10 rt of deii N,, 11 above Tne F io m, or desKo I* above (S) Conte 3d Partlez do --')irtner grant to met .'-�J»d Pfsxer In La.xnt Co 1'1�o sa the rt to motell, replace, remove and use an elect .line 1no 111 0#0 poles, or t*v*r*', wires a►� rxtre and to moep ad line free or Interferemoo � from tre" 3 or on Vie c}' ,ynej ifereded j'rem j:�the♦ry�Srowtti yOnJ r .,..xeit :i l ooIa +a 4i4l Nne €Jt rite.6 l�.i.t3Em i/ UdA i`:i s/�i * V'!.7 t-)a linefs as � 2 'x or to 1Ine off" the NE :4.4 ft s or t n * i-i 11.�£ if t ,e 38 41 ; :�'4 ft N or the 3 line � �' the N.�� of ,n� i3f ��.k �4 ft- E off' t o. W l-ine of 3E o� *TE off' 3Ej ; and 24 ft Nor the 4 lle v. or St��; oI N 4 a-' 3-gi A l � 1, r� 3� �efl ao��'�.(tne ; "y ,. n jt oy w /"(�f y�i qq��yy �+. �.r �µ+y `y� 'may yy {.� g� 1 r p� pr o now a ei", nt 3d ■ L:,et c" h �r�: L Ca �7nn .1-12. azl ,yZ�...mn 9 re : rii xl t; �'�r AX7 r demage �:aused by the 0 qq r77 do }+urt n ry µperm'I s y } oe g Wa to Fw Caopereta ve, its 3a to MaVl ,,I n an-0 %,,ere to a water plpel zne OVeY's ii"der amd eicrous the a ree 8 ni nde- ror ut1_1:! t1es,, sub, l ov-aver-P to ad _vteea aft tri3 t ti and maintenance will be nandled in suite a rermner g*,A to cause r'i) xnp"y to tn'e prop ctne&" then tht ,�008610ned by d1Ita-nine. 16 tl :p�- . bac:�:Z il.11rW aml .wainteriance of t�1e p1ge11n*, mn toe � tner agmt tht ed gzee will replace in goad �aridl. any x vro i ❑ rmoved by 'the ee. dului ng the a nmtn or me �r�tena t�ce or ad pipet ine . All stipulatlona cond3 and cov h-- n nre hby declared to �ae cov rut with t mod: binding Upon the Ctcrs n1n,, their rAM one ror the uoe and ben, of all preneot *no tutu. (4) � nime.1f h3s rm= t; ter wiii jom & arm Itim tst'C r tft upon xv4"st frc" any pry' -wexr to- in it a►�nv fie. cc_.r afore -ad prq� 'fin �O, at such tim qe� the C6 or sa wll l rlg to 80,08pt t convoys -nee of ad prop for the maIntens'nat or, .dub roads. " ban XCN :bw E Z 4 7598 � vat �f�'I MR 1 r $fi+e- ili an!b i n A G R E B M E N T VIWIL The undersigned parties, in consideration of their mutual promises and in order to induce Lawyers Title Insurance Corporation to insure against loss or damage resulting to Skyway Park, Inc. from any claim based upon -.Ay one of those easements described L^ in documents recorded with the Auditor of King County, Washington, 7� under Auditor's File Nos. 5034980, 5034981'and 467S062, hereby L7 r covenant and agree as follows: rj N Skyway Park, Inc. hereby promises to provide for and dedicate rl rights of way, north to south and east to west; for public streets Ue or roadways (said public streets to include within their boundaries the right in the public to install and maintain utilities - including, but not limited to, sewer, power and gas facilities) over, through, across, under and upon portiora of the premises described as follows: That portion of the east half of Section 17, Township 21 .aorta, ;Zanse 4 L.K.M., in King County, Washington, described as follows: Legi;...ing at the southeast corner of the northeast qua. :.er of said Section; thence north 39041144" west along the southerly line thereof 659.17 feet to the northeast corner of the north::•cst quarter of the northeast quarter of the southeast quarter of said Section and the true point of beginning; thence south 00°18115" west along the easterly line of said nort:iwcst quarter of the northeast quarter of t:ic southeast quarter 653.52 feet to the southeast corner rac roof; thence north 89`42100" west along t.ie southerly line thereof 132.30 feet; thence aorta 00*18115" east 177.60 feet; thence north S9042100" west 221.23 feet; thence south 00018115" test 207.60 feet; thence north 89°42100" west 46.92 feet; thence south 00*18115" west 299.28 feet to the sout:icrly line of the north iialf of the southwest quarter of the northeast quarter of the southeast quarter of said Section; thence north 89*42107" vrest along said southerly line 257.64 feet to the easterly line of the northwest quarter of the south- east quarter of said Section; t13ence south 00014130" west along said easterly line 329.29 feet to the southerly line of said northwest quarter of the south- east quarter; thence north 89*42115" :rest alone said southerly line 1315.46 feet to the westerly line of said northwest quarter of the southeast quarter; ziicnce north 00 06159" cast along said westerly line 1278.09 feet to the center line of the :eo;ineville Power Administration Covington -Tacoma Transmission line easement; thence north 51059112" east along said center line 2241.61 feet; thence sout:1 S9043157" east 831.95 feet along said center line to the westerly margin of Pacific liighway SouTh , (also known as U.S. 99); thence south GJ014138" west along said westerly margin 27.48 feet to the northerly line of the southeast quarter of the northeast quarter of said Section; (Continued) Page 1 v4520 YAm334 0 t'lence north 89043'57" wo4t along said northerly line 581.43 feet to the westerly lire of the oast 630 feet of the southeast quarter of the northeast quarter of said Section; thence south 00025,201, tewst along;.;id westerly line 200 feet to the southerly ling of the North 200 feet of said southeast quarter of tue north- east quarter; thence north 89`43'S7" west along said southerly line 30.66 fact to the easterly line of the on�`'p west half of the southeast quarter of the northeast OD quarter of said Section; thenco south 00`20145" west along said westerly line 1123.23 feet to the true point ir of beginning. EXCEFr Roads. =� ALSO That portion of the northeast quarter of Section 17, Township 21 North, Range 4 E.W.M., in King County, Washington, described as follows; Beginning at a point which is south 38*00148" east a distance of 259.00 feet from the most easterly corner (as measured along the southeasterly extension of the northeasterly line) of Lot 15, Block 1, Century City Division No. 1, according to plat as recorded in Volume 72 of Plats, pages 33 and 34, records of King County, Washington, said point being the most southerly corner of a tract of land conveyed by contract between Century City Corporation, a Nashington corporation, as seller and V. G. Hines, et al, as purchaser and recorded in King County Auditor's Office under Auditor's File tio. 5777299; thence north 51*59112" east 370.02 feet; thence south 38000'48" east 251.85 feet to the center line of the Bonneville Power Administration Covington -Tacoma tr,asmissiou line easement; thence south 51°59'12" west along said center line 370.02.feet; thence north 38000148" west 251.85 feet to the point of beginning. in the same relative location as these roads are traced in yellow and delineated on the face of a blueprint (identified in Exhibit 1 attached and incorporated herein as part of this Agreement) of the property drawn by Jim K. as Job No. 383-1 and dated August 1Z, 1964, Further, Skyway Park, Inc. promises to rough -in, ballast, grade and make passable to vehicles, South 330th Street, Road "Y", South 328th Street and road "X" (all as delineated on Exhibit 1 attached). The approximate location of the center line of South 330th Street being calculated to be as follows: Beginning at the southeast corner of the north one-half of the northeast quarter of the southeast quarter of said Section 17; thence westerly along the south line of said north one-half '316.90 feet to the southeast corner of the northeast quarter of the northwest quarter of the southeast quarter of said Section 17; thence along the south line of said subdivision approximately 250 feet, . nore or less, to a point of intersection with the center line of said Road "X" and the terminus of said center line. Tale approximate location of the center line of said Road "Y" being calculated to be as follows: (Continued) Page 2 &4620" mW5 -Beginning at a o"t on tha south line of the north- 61/jo.y east quarter of said section 17 which is approximately O0 F of 1089.17 feet, more or leis, westbrly along said south `+pJ� 1q line from the southeast corner of said northeast quarter; thence north approximately parallel to the north -south dividing line of t-he southeast quarter of the northeast qu?rter of said Section 17 approximately 950 feet, more or lc-.s; thence northwesterly along a ® curvo to the left approximately 170 feet, more or less; thence northwesterly along the tangent of said curve approximately 40 feet, more or less, tothe southeast r� margin of the loo foot wide Covington -Tacoma transmission line easement (as said easement is described under 00 Auditor's File No. 3128469) and the terminus of the Lr; herein described center line. The approximate location of the center line of South 328th Street and its extension being calculated to be as follows: Beginning at the northeast corner of the southeast quarter of Section 17, Township 21 North, Range 4 E.W.M.; thence west alo:,; the north line of said subdivision to a point approximately 80 feet, moreor less, west of the northeast corner of the northwest quarter of the southeast quarter of said Section 17; thence southwesterly along a curve to the left approximately 275 feet, more or less; thence southwesterly on the tangent to said curve approximately 19S feet, more or less, to a point of intersection with a road designated Road "X"; thence continuing southwesterly on said tangent to the west line of the northwest quarter of ti.e southeast quarter of still Section, AND The approximate location of the center of said Road "X" being calculated to be as follows: Beginning at a point on the south line of the northwest quarter of the southeast quarter of Section 17, Townsnp 21 `orth, Range 4 E.W.M., which is 250 feet, more or less, west of the southeast corner of said subdivision.; thence north approximately parallel to the east line of said subdivision approximately 658.60 feet, more or less, to the north line of the southeast quarter of the northwest quarter of the southeast quarter of said Section 17; t::ence continuing north on said parallel line approximately 50 eet, more or less; thence northwesterly along a curve to the lez"t approximately 165 feet, more or less; thence northwesterly on or along the -angent of said curve approximately 310 feet, more or less, to a point of intersection with said South 328th Street and the terminus of said line. It being understood that the location of said Soutt .330th Street, Road "Y", South 328th Street, its extension and Road "X" may vary in some particulars as to distance and bearing when actually constructed. South 328th Street, the extension thereof and Road "X" siiall be so roughed -in, graded and made passable on or -before October 30, 1966. Further, Skyway Park, Inc. promises to rough -in, ballast, grade and v.ake passable to vehicles on or before October 30, 1966, a 34 (Continued) r� Paoo 3 � 1 . !S I� f�i�fitl_i1ft1}i km fj rf, foot strip according to county design standards centered within a 60 foot right of way, being' 30'feet gn'eit"r side of. the south line of the northwest quarter of the southeast quarter of Section 17, Township 21 North, Range 4 B.W.M., the center line of said 60 foot right of way being more particularly described as follows: Beginning at the southeast corner of $n north half of said southeast quarter of Section 17; thence westerly along the south line of said north half 1315.36 feet to the southeast corner of the northwest quarter of tie southeast quarter of said Section 17 and the true point of beginning of said center line; thence westerly along the south line of said north- west quarter of the southeast quarter, 250 feet, more or less, to the center line of said Road "X". The north -south dividing line of said southeast quarter of Section 17 being the western boundary of the lands owned by Kenneth Phillips, a single man and Paul Griebe and wife, Marie, Skyway Park, Inc. further promises to blacktop to aforesaid King County road standards all the roadways hereinabove described. The blacktopping of South 323th Street and its extension to the inter- section of Road "X", Road "X" and the east -west ;roadway between the Phillips-Griebe property to the midline of Road "X" as hereinbefore described, to be completed as one project not later than five years from the date of this Agreement. Pacific American Realty Trust, a Massachusetts Trust, promises, covenants, and agrees to permit the construction of that portion of said 60 foot right of way which lies within the north 30 feet of the northeast quarter of the southwest quarter of the southeast quarter of said Section 17, to permit the passage thereon of any persons indicatin- any desire for such passage, to grant said right of way to the public as a County Road, to permit persons appointed by king County, the State of Washington, Kenneth Phillips and/or Paul Griebe and wife %larie, their heirs, successors or assigns, to go upon said roadway for the purposes of maintaining it, but Pacific American Realty Trust expressly disclaims any responsibility for the maintenance of said roadway. CCgilt inuoc.) Paso 4 oil In addition Skyway Park, Inc., Pacific American Rs=��Tri�to disclaims any and all interest in and to the Item No. 9 easement described in Audisx's Pile No. 4675062 and promises, covenants and agrees that neither these corporations nor any of their successors and/or assigns will ever make use of said easement. As further consideration for execution of this Agreement, both Pacific American Realty Trust and Skyway Park, Inc. hereby grant (until such time as Roads 11V, "Y", South 328th Street and its extension and South 330th Street as properly dedicated to King County as public roads) easements.appprtenant to premises owned by Kenneth Phillips, Paul Griebe and Marie, his wife, (their heirs, successors or assigns) and all other persons or parties owning property whose land immediately abuts the westerly boundary of the southeast quarter of the southeast quarter of Section 17, Township 21 North, Range 4 E.W.M., for all purposes set forth in this Agreement. Kenneth Phillips, a single man, in consideration for the promises by Skyway Park-, Inc. and Pacific American Realty Trust hereinbefore described, hereby releases, waives, relinquishes and quit claims to Skyway Park, Inc., its successors and/or assigns, any and all right, title and interest he may have in any of those easements described in documents recorded with the Auditor of ring County, 1tiasaington, under said Auditor's File Nos. 5034980, 5034981 and 4675062 with the "exception" of the Item No. 10 easement described in Auditor's File No. 4676062 and only however as these easements affect the premises firz: described in this Agreement. This Agreement is intended as a covenant to run with the land and is binding upon all parties hereto; their heirs, successors and/or assigns. DATED this -2 / day of January, 1965. (Continued) Page 5 ,.Votbw Now 711 AWMAY PARRINC.' " r RY&AU 0" ASST sti PACIFIC AgERI CAN RMTY TRUST-..—".** By ti g�•.`�, ,� 1 . r , . •, STATE OF WASiIINGTON) )ss County of king ) On this fir_ day of + 1965, before me personally appeared J. R EX N Q L to me known to be the ASST SECRE'rARY of the corporation :hat executed to within and foregoing instrunent, and acicn0W1zdged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein meationoe, and on owth stated that he w.:;-- authorized to execute said instrument and that the seal a=1xeZ_T7ereto is the corporate seal of said corporation. I\ itiMESS Y;1:ERE0:. I have hereunto set my hand and affiXMk%rayi, Official seal the day and year first above written.PG ,ys;.`�Y; .Not alic i or t *e• jq o Washings , resi ng at Page 6 n--r +.•.Y.w.r.+e...; f!. *.',"^".RFas'�ali 'S�7 +- r. ro a It'll STATE OF WASHINGTON) County of Xing ) On this 21st day of J.%Mm , 196S, before me, the under- signed, a Nofary" Public 17 ana For Us State c.: Washington, duly OD commissioned and sworn, personally appeared Ci A. S.I4S..'nq aaS 1'. A. STD tAPT to me known to be the Assistant L�; —•- •• 56 .ocretary ,ad aresiAent , respectively, of PACIFIC L.0) A►fERICAN REALTY TRUST, the trust that executed the foregoing instru- ment, and acknowledged the said instrument to be the free and voluntary act and deed of said trust for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the seal of said gust. Witness my hand and official seal hereto affixed the day and year in this certificate above written. 'I' -He,: s, r -• a93�i$,?�� A ota Public in ancL Fo Washington, residing at STATZ OF WAS11INGTON) )ss County of king ) On this d:y personally appeared before me KENNETH PHILLIPS, to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that he signed the sane as his free and voluntary act and deed for the purposes therein mentioned. GIVEN under my hand and official seal this day of 1965. r votary kuoaac to ana to -4yt,: Washington, residing at � 7 N*i i., Reco,d ` a- p% Il L C sl �' F M Regvesl of La—tbrs Tire Ins,uance Corparas,on Pago 7 ROBERT A. MORRI5, County Auditor t� 1 EASEMENT 0 J =r CID CD c�2 c.i 0 i�- ,a �o n 0 0 N N x For and In consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, BEN T. S ASIQNS, an MDMrriod man FRED SESSIONS qnd _ ARD£NE A- SESSIONS, husband_alyd_wife,, and DOUGLAS Y. CAMPBELL and _BETTE CAMPBELL. husband and wife, ("Grantor" herein), hereby grants, conveys and warrants to PUGET SOUND POWEP & LIGHT COMPANY, a Washington .--trporation ("Grantee" herein), for the purposes hereinafter set forth, a perpetual easement over, A a� across and under the following described real property (the "Property" herein) in King_ County, Washington: See attached Exhibit "A". Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property (the "Right -of -Way" herein) described as follows: A Right -of -Way ten (10) feet in width having five (5) feet of such width on each slde of a centerline described as follows: Located as staked and/or as may be constructed on the above described parcel of land, more particularly described as follows: Beginning on the south approximate 110 feet of the east approximate 30 feet of the said parcel. May be extended to meet load demand. 1 PLrpase. Grantee Shall have the right to construct, operate, maintain, repair, replace and enlarge one or more electric transmission and/or distribution lines over and/or under the Right -of -Way together with all necessary or convenient appurtenances thereto, which may include but are not limited to the following: a. Overhead facilities. Poles and/or towers with crossarms, braces, guys and anchors; electric transmission and distribution lines; communication and signal lines; transformers. b. Undarground facilities. Underground conduits, cables, vaults, manholes, switches and trans- formers; semi -buried or ground mounted facllties such as pads, transformers and switches. Following the Initial construction of its facilities, Grantee may from time to time construct such addi- tional lines and other facilities rs it may require. 2 Access Grantee shal'.--e right of access to the Right -of -Way over and across the Property to enAble Grantee to exerci;= its rights hereunder, provided, that Grantee shall compensate Grantor for any damage to the Property caused by the exer ^ise of said right or access. 3. tatting of Trees. Grantee shall :lave the right to cut or trim any and all brush or trees standing or growing upon the Right -of -Way, and also the right to cut or trim any trees upon the Property which, in falling, could, in Grantee's reasonable Judgment, be a hazard to Grantee's facilities. 4. Grantor's Use of Rfgbt-of•Way. Grantor rPzerves the right to use the Right -of -Way for any purpose not inconsistent with the rights herein granted, provided, that Grantor shall not construct or maintain any building or other structure on the Right -of -Way and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 5. Indemnity. By accepting and recording this easement, Grantee agrees to indemnify and hold harmless Grantor from any and all claims for damages suffered by any person which may be caused by Grantee's exercise of the rights herein granted, provided, that Grantee shall not be responsible to Grantor for any damages resulting from Injuries to any person caused by acts or omissions of Grantor 6 Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Right -of -Way for a period of five (5) successive years, in which event this easement shall terminate and all rights hereunder shall revert to Grantor, provided, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially Install its facilities on the Right -of -Way within any period of time from the date hereof 1 % EXCISE TAX NC 1 Q 1'f;tD C Co. Records Gr,; C quty 7. Successors and Assigns. The rights and obligetions of the parties shall inure to the benefit of and be binding upon their respective successot•s and assigns. DATED this -�5 day of Fe b ✓L+Cr (u 19.77 - s GRANTOR 00 $ T. B SlQft D u s C N ( as io Cn Bette Campbell C) e'ti+ 8 1t7 STATE OF WASHINGTON ' SS COUNTY OF i'ui ' ' On this day persone,.. .appeared before me AEN T. SES52013 to me known to be the individual_ described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his ree and voluntary act and deed for the uses and purposes therein mentioned. „Giy.1rN under my hand and official seal this a��h day of FKrnLc , 1977 =- hlotary P lie In and fur a State of Washington, residing at lie IeJuti Lt}a S%[1n C� Ta - _ STAYJE OF WASHINGTON I } SS C6UNTY OF kil ) On this day personally appeared before me__aQjLCjL25 Y. rA-:j2RFT•T, dnd-MM 't'F tP -L to me known to be the indivldual_s described In and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. "' GfVAN (wder my hand and official seal this a5 t'k day of FE4 n6eja j 1977 + J riatary Public in and for Me State of Washington, residing aL U2 l;°Jue L+�]ar5 {n.t STATE OF WASHINGTON (SS 1 COUNTY OF Tel On this day personally appeared before me FUR SESSIONS and ARDErNE A. SESSIONS to me known to be the lndivldualg_ described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this a5M day of @ b✓u a 1977 Notdry Public In and for the State at W ashington, 0: C. residing at VQ I�Pl/lA& �(}0.` ^ ILED FOR RECORD AT REQUEST OF: PUGET REAL E,TArE DIVISIC)N P. 0. BOX 868 p BELLEVUE, WASHINGTON 9800 1E ;_-..i,NT'nO1J. E . - ftIS L BAKER 0'. r EXHIBIT "A" That portion of the Northeast quarter of the Northeast quarter of the Southeast quarter of Section 17, Township 21 North, 'Range 4 East, W.M., in King County, Washington, described as follows: cc pBeginning at the northeast corner of said subdivision; thence North 88043117" West along the north line thereof 444.45 feet to the True Point of Beginning; t:ence South 01°12'35" West 0 380.00 feet; thence South 88°43'17" East 120.00 feet to a r- line parallel with and 280.0e feet westerly, as measured along the south tine of said subdivision, of the westerly margin of Pacific Hi3hsiay South; thence South 01*12135" West along said parallel 1;`ne 278.43 feet to the south line of said subdivision; thence North 88044'01" West along said south line 335.26 feet to the southwest corner of said subdivision; thence North 01° 15138" east 658.46 feet to the northwest corner of said sub- division; thence South 88°43'47" East 211.68 feet to the True Point of Beginning; Situate in the County of King, State of Washington. FILED FOF, RECO :D AT REQUEST OF: PUGET PT.: SEAL F-TI ATE DIVISION ?. 0. BOX M "ELLEVUE.IWASHINGTON 98009 t # hi iEN11014: ER:S L BAKER o► cr3 co 0 Co cwt ca r— t SO�ii333� 3b Ct30�033a � �� a � Cn CU Z v w� 0� B I �133C � L �� E A S E M E N T THIS AGREEMENT made this 24th day of June, 1977, by and between the LAKEHAVEN SEWER DISTRICT, a municipal corporation of King County, Washington, hereinafter termed "Grantee", and BEN SESSIONS, FRED SESSIONS, and DOUGLAS CAMPBELL, hereinafter Termed "Grantor". WITNESSETH: This easement granted pursuant to Agreement dated February 21, 1956, and recorded under icing County Auditor's No. 4675062. That the said Grantor for valuable consideration does by these presents grant unto the Grantee a perpetual right-of-way or. easement -for sewer mains with the necessary appurtenances through, over, and across the following property, described as follows: That portion of the Northeast 1/4, Northeast 1/4, of the Southeast 1/4, Section 17, Township 21 North, Range 4 East, W.M., described as IDIlows: The South 30.00 feet of the NE 1/4, NE 1/4, SE 1/4, less Pacific Highway. Said Grantee shall have the right without prior institution of any suit or proceeding at law, at such times as may be necessary, to enter upon said easement for the purpose of constructing, maintaining, repairing, altering or reconstructing said sewer main, or making any conriections there- with, without incurring any legal obligation or liability therefore; pro- vided that such shall be accomplished in a manner that existing private improvements shall not be disturbed or destroyed, or in the event that they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantor shall retain the right to use the surface of said easement if such use does not interfere with installation or maintenance of the sewer anain. However, the Grantor shall not erect buildings or structures on the easement. This easement shall be a covenant running with the land and shall be 1 1 y1ui— - • �rLL' 4 I % EXCISE TAX t;'0T R-7 „ *c . Easement No. 559-438 r_.,,,y M o� CD co n1 binding on the successors, heirs, and assigns of both of the parties hereto. By STATE OF WASHINGTON ) ) ss County of King I, the undersigned, a Notary Public in and for the State of Washington, hereby certify that on this Jsi day of A - rl , 1977, personally appeared before me d[rl to me known to be Vie of the who executed the foregoing instrum-ent and a k now I edged that he signe cT and. sealed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the Corporate s a1 of said Corporation. NO R PUBLIC IN rOR THE TE OF WASHINGTON, RESIDING ATE e ✓ i iwED f 3 tAKEHAVEN SEWER DISTRICT.., P.D. BOX 3049 FEDERAL WAY, WASH. 108003 s C4020-A (3.113) EASEMENT j' 11' e . g. .. rl KNOW ALL MIEN BY THESE PRESENTS: Job R/W Reference .61— For and in conslderallon of the undersigned, hereinaller referred to as Grantor(s), hereby grants a perpetual easement to Pacific Norlhwesl Bell Telephone Company, a Washington Corporation, its successors and assigns, hereinafter referred to as Grantee. with the right, privilege and authority to place, const-ucl, maintain, Inspect, reconstruct. repair, replace, remove and keep obstacles clear from Grantee's faciliflen consisting Of 0 r and other appurtenances as the Grantee may from time to time require over. across. upon and under the hereinafter described ca properly situated in County, Slate of _ and is described as follows T OI T Q 9 cc a a CFrE-- COUNTY`" u E TAX PAID a L cr,BBWq 9t I I 37 Aa, 4''73, CD C10 CID = L co Grantee shall at all limes have the right of lull and free ingress to and egress Iron said property described above, with the understanding that Grantee shall be responsible to, all damage caused to Grantor atising Itom Grantee's exercisu of the rights and privileges herein granted Grantor reserves the right to use the eaSnnlent for any purposes as long as not inconsistent vrRl nor an inle•Ierence with the rights granted Granlee herein The rights, conditions and provisions of this easernonl shall inure, to the henerll of and be brnd n u, n heirs, rxeculors. adminislialors. Successors and assigns of the respeclive patties hereto 11 I I In wi!ness whereof the undersigned has er.eculcd lliis 1ns!rurngn! INS _.1 l ly p ( S LS . t. • _ 19 � Wilness _ - .. _ By lu�� a�idi29 - — ...... ... -• -. fC�' 7fT- I[uCf Inlerprises,vIncorporat'ed lfndlvlduol Acknowledgement) S sae ol-------- ---- - - --- - ss Countyol ___.------ On this day personally appeared beloro me known tome lobe the Individual —_— who executed the lorepoing instrument, and acknowledged that ____ signed the same as floe and voluntary act and deed. for the uses andpurposes herein mentioned Given under my hand and ollicial seal this day of-ar••r-"}�- Y•l , v C•' Notary Public In and for the Slaleol residing at My commission expires: ICorporete Acknowledgement) slaleor- 63 County of On this day Dersonally appeared beloro me IAA-Xtv �_?.:.ti�.EE- •- ---•---•-------- who did say he r she is l he of the corporation Thal executed the foregoing instrument. and acknowledged said Insrrument to be the free and voluntary act and deed of said corporation, lot Iho uses and purposes thsrain mentioned. and on oath stated that Y was/were authorized to execute said instrument on behalf of the corpdraliGn Given "u�nT2tl,e�r�r'hy� hand and ollicial seal this I i day ofyA t� I gA_ Notary Public in and If.r the Stale of 4/01_ — residing al lc�- Myccmmissionexpires 91 aD�,��D�� BUILDING AND LAND DEVELOPMENT DIVISION / l/ R��Ev�� , x3 ' g MAR 3 0 1909 450 KING COUNTY ADMINISTRATION BUILDING, SEATTLE:,�66Nry9eIo4 TEL+ 344-7980„, 7R Lot A Owner's Name Address City Zip Phone t; Mr. Wayne fluff 1430 S. 330Lh Federal Way 98003 838-5555 Lot B Owner's Name Address city Zip Phone Mr. Wayne Huff 1430 S. 330th federal Way 98003 838-5555 Lot C Owner's Name Address City Zip Phone Al Tax Lot t 5c_:ce of Hater Sewage Disposal I certify that Lat A Water &aSewer the information furnished by meWt-E 45 Waterr5 Sewer Lot B is true and cor- rect tp the bestnature 69 Feder 1 Wa Water 5ewgr Federaz Way Water &Sewer of my knowledge Lot C Lot C Signature 1/4 Sec 1/4 See Isec Twn Rq Da Not Krotl FigZoning Related File 1E I SE 1 17 21 4 Complete x( - E Cr G-P Legal Description: Lot A The southwest quarter of the northeast quarter of the northeast quarter of the southeast quarter of section 17, township 21 north, range 4 east, W.M., in King �-i County, Washington. (il- EXCEPT portion lying within the north 380 feet of .the east 444.45 feet of the � northeast quarter of the southeast quarter of said'section. N � O 03 fl 0 1 iD UI Lot B ,That portion of the northwest quarter of the northeast quarter of the northeast quarter of the '.southeast quarter"of'--section 17, township 21 north, range 4 east W.M., lying west of a line beginning 444,45 feet west of the northeast corner of. the southeast quarter: thence south 001 14' 38" west to the south line thereof. N J Q ,;•III ,, -7M Lot C I .• �. II r0(I �pRan'rvI of R$$£SSR•I'iIS 7 I9 i t+� Issr�+or iW p y 'd .� F-271-1 jt L i r%e AJj us Lr9ent N io L A �T T E 0 NORTH EAST 114 COMER %LE; SEC. l 7-21-4 I (.' J ir 92-1-t 13200, bi TRA C T 'X' N) 10 50' or H g 10V 6. r12--0 66.60, NEW o L 0 T +1 co LINE! F- OLD L 0 T LINE /0, EXIS TING BUILDING 7 r :3 a LOT 'A' -tq ----------- S. 3,10 TH ST. 614.78' , 30 1 301 Do Not Write - Bel Fw This Line Approval is hereby granted subject to: Disapproved because: A& r )TB: Approval of this adjustment does not assure the property owner that the subject property itself has satisfied the State and County sub- division requirements (Rcvl 58.17 and King county Title 19). P—ase be advised that building permits will not be issued to lots W hich have not complied with the requirements of said statute and code. -2 '4A 9- . ��o\9"Xi : 73th Avenue SduLh =KU ••3 � i"� SRO n ;x :{ r ^n. a :. j�,ry c i' a N i n z G fa~ y ° ' hcl 1 1 o ; d m k f I 1S1'Ii�F AOm 91811ii HIM it �g 4yV 1, as$, 9� 9jp('J •� n� C V� .w PAR� g �B�� A � p3p.�� 3�X Y'a � �. 1 S v� w✓7idt m+r w..rr.•.rLak ed ! YYY�y��j 73i� �, C 3 an a i++ _ gg3�m� 8?�pN •Iw�� °Il�4 k��i -��: �e�n<:•^° gom6 n �Y7qR1=i�� a�s� HyIg. �a��gr�yxh•r�G71�r oE y p � zK lz S=Y w '� I R ? 'o. i� Ya�[a�'�Kf $§$§ ka� RP �� ' ❑ �7 N F, BgVI�g°•¢7 upara9F"'PCC�59 g ; �' �Q• I� I `a S1V. f Rw § c g9g. 44 7 ��yy 4 R 77a i[4 �sH a I 130' . L9 7 0 !' P"Alrfc Highway South o a _ hit R IrMCL Rernrryiw 701'K7ry iiLf6-pq 7 g m p 14M p N �g V s � Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id TFZ z; Return Address: • t 2005030700,0026 2.00 ��q s�oa rtease print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 6s.oa Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 3_ 4- Reference Numbers) of Documents assigned or released: Additional reference Ws on page of document Grantor(S) (Last ,fast , initials) 2_ Additional names on page of document. Grantees) (Last pan ie first, then fast name and initials) 1. 2. Additional names on page of document. Legal description {afbrcviatcd: i.e. lot, block, pit or section, township, range) f 20050307000026.001 Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned 1-7 2. l o -- q - -- — ltc AuditorlRtcorderivili rcly-onAha•information -proWdcd.on.thcSnrrxa�he_siafGvill uotzradllaa�p rnt u�a---- . -.._ serif the accurac or con leteness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee'as provided in RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature of Requesting Party KING,WA Page l of 3 Printed on 4/29/2013 8:20:18 AM Document: AGR 2005.0307000026 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFZ: w 20050307000026.002 After Recording, Return To: City of Federal Way 33325 Eighth Avenue South PO Box 9718 Federal Way, WA 98063-9718 Attn: Deb Barker VOLUNTARY AGREEMENT-- CHURCH OF BLESSING FILE No.: 03-100214-01-CO PROPERTY OWNER/RESPONSIBLE PARTY Name: Church of Blessing/ViktorTishChuk Mailing Address: 1430 Smith 33& 9rr•.pr, Federal Way, WA 98003 Location of Agreement: Church of Blessing, 1430 South 330"' Street, Federal Way, WA 98003 King County Tax Parcel # 172104-9045 Description of Agreement: Church of Blessing Phase II agreement AGREEMENT: Based on conditions of Land Use Approval, no access into the west portion or Phase II portion of the Church of Blessing building located at 1430 South 330`h Street in Federal Way shall be attempted, provided by, sought or obtained by the property owner, parishioner, public, or agent of the property unless approved in writing by the Director of Community Development Services of the City of Federal Way; further that there shall be no use of the western portion of the building known as Phase II for any purpose, including but not limited to classes, meetings, occupancy or overflow, until Phase II permits have been issued and work on Phase II is legally completed unless approved in writing by the Director of Community Development Services of the City of Federal Way. This agreement shall remain in place until legal occupancy of the Phase II portions of the Church of Blessing building has been granted. I, [1,'K7 or -T, 'Ti-sAcli /dc , /)re-3i G�� tT (title) agree to comply with this Agreement. I understand that by entering into this agreement, I waive my right to appeal before the Federal Way Hearing Examiner regarding the matter of the agreement, and that failure to abide by the actions within the agreement indicated above may result in criminal prosecution (FWCC 1-18). Criminal KING,WA Page 2 of 3 Printed on 4/29/20.13 8:20:19 AM Document: AGR 2005.0307000026 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: 1 �1 Station Id :FFZ: 20050307000026.003 citations carry fines of up to $5000 per day and/or six months in jail upon conviction. The City may inspect the premises as may be necessary to determine compliance with the voluntary agreement. Signed and effective this day of 177crroh � 2005. Signature of property owner/responsible party L STATE OF WASHINGTON ) ss. COUNTY OF ) On this day personally appeared before me that executed the foregoing instrument, and acknowledged the 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/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this-2--day o 20Q� r1lrr:r+ihr�ia ed rinted name of no �OTq�� '•, S. Notary Public in and for the Stale of Washington. My commission expires 1°UBL_1 Z '•. �F WASH 03-100214 Doc 1.0. 30121 KING,WA Page 3 of 3 Printed on 4/29/2013 8:20:20 AM Document: AGR 2005.0307000026 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id TFZ1 20050725002027.001 d Return Address: Lakehaven Utility District Development Services P. O. Box 4249 Federal Way, WA 98063-4249 20050725002027 KING COUNTY EAs 23.00 PAGE001 OF 005 07/25/2005 12:24 KING COUNTY, WA COVERSHEET EXCISE TAX NOT REQUIRED King Co. Records Qiv15i — fle �,ty Document Title: Easement for Water Facilities - Reference Number(s): Grantor(s): Church of Blessing Grantoe(s): Lakehaven Utility District Legal Description: Por NE'/4 of NE '/a of SE'/4 STR 17-21N-4E WK King County Additional legal description is on Exhibit "A" of document. Assessor's Property Tax Parcel/Account Number: 72104-9045 DISTRICT USE ONLY Ak] OW TAIS'LINE Account Number: Project Number: 2273-000.000 6103021 Fund: (cii a)Anripitnt: ATER SEWER 170INT $23.00 KING,WA Page 1 of 5 Printed on 4/29/2013 8:20:15 AM Document: EAS 2005.0725002027 Branch :LYK,User :LK]4 Order: 652154 Title Officer: TT Comment: Station Id :FFZ 20050725002027 OD2 EASEMENT FOR WATER FACILITIES THIS AGREEMENT by and between Lakehaven Utility District, a municipal corporation of King County, Washington, hereinafter termed "Grantee" and CHURCH Or BLESSING, hereinafter termed "Grantor". WITNESSETH: That Grantor, for and in consideration of one Dollar or other valuable consideration, the receipt of which is hereby acknowledged, hereby conveys to the Grantee; A perpetual, non-exclusive easement and right-of-way for water facilities and all appurtenances related thereto, through, over and across the following described real property: SEE EXHIBITS "A" & "B" ATTACHED Grantor and any heirs, assigns, or successors in interest acknowledge that the easements conveyed herein shall cover a fifteen foot (15') strip of land lying five feet (5) on the West & North sides of the centerline of the water mains constructed on the site and ten feet (10') on the East & South sides thereof. Said easement shall extend ten feet (10) beyond any termination point, including hydrants, and shall also cover all water service lines, fire hydrant branches, and within a five foot (5') radius around each water meter existing within the above described easement. Successors in interest to Grantor's title shall bear the responsibility for determining the location of the referenced water mains, water service lines, hydrant branches, meters and other improvements for which an easement shall exist, as described herein, and may contact the District for assistance with location of the water facilities prior to conveyance, Grantee and its agents, designees or assigns shall have the right, without prior institution of any suit or proceeding at law and without prior notice to Grantor, at such time as Grantee deems necessary, to enter upon said property, by foot or vehicle, for the installation, repair, reconstruction or maintenance of water facilities and appurtenances without incurring any legal obligation or liability therefore, provided that such shall be accomplished in a manner that existing private improvements shall not be disturbed or destroyed or in the event that they are disturbed or destroyed, they will be replaced or repaired, as nearly as is practicable, to as good a condition as they were immediately before the property was entered upon by the Grantee. Easement No. J-10190-0 1968 KING,WA Page 2 of 5 Printed on 4/29/2013 8:20:16 AM Document: EAS 2005.0725002027 Branch :LYK,User :LK]4 Order: 652154 Title Officer: TT Comment: Station Id :FFZ: Grantor hereby agrees that no building, wall, fence, rockery, trees or structure of any kind shall be erected or planted, nor shall any fill material be placed within the boundaries of said easement area. No excavation shall be made within three feet of said water service facilities and the surface level of the ground within the easement area shall be maintained at the elevation as currently existing. In the event that this provision is violated, the Grantee shall have the right to require removal of any such structure and same shall be accomplished within a reasonable period of time and at Grantor's expense. failure of Grantee to so exercise its right to require removal shall not constitute waiver of this right. Grantor additionally grants to the Grantee, its agents, designees or assigns, the use of such additional area immediately adjacent to said easement area as shall be required for the construction, reconstruction, maintenance and operation of said water service facilities. The use of such additional area shall be held to a reasonable minimum and be returned to the condition existing immediately before the property was entered upon by Grantee or its agents. This Agreement and each of the terms, provisions, conditions and covenants herein shall be binding upon and apply to the benefit of the parties hereto and their respective successors and assigns. DATED this day of Gr?fi rr By ByPS/ STATE OF WASHINGTON ) ) ss. County of King ) I certify that I know or have satisfactory evidence that and `J signed this instrument, on oath stated that 'tied authorized to execute the instrument and acknowledged it as the z e7 _ -and of Ciz�- LckE,oE`t__ 5� S�,r�� to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 1 1 QO _ _ NotM Public Title My appointment expires KING, WA Page 3 of 5 Printed on 4/29/2013 8:20:16 AM Document: EAS 2005.0725002027 Branch :LYK,User :LK]4 Order: 652154 Title Officer: TT Comment: Station ld :FFZ 20050725002027.004 EXI]iIBIT "A" LAKEIIAVEN UTILITY DISTRICT LEGAL DESCRIPTION That portion of the Northeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 17, Township 21 North, Range 4 East of the Wilfamette Meridian, King County, Washington, described as follows: Beginning at the Northeast Comer of said subdivision; thence North 89043'44" West along the North line thereof 659.13 feet to the Northwest comer of said subdivision; Thence South 01 ° 15'41" West along the West line of said subdivision, a distance of 117.00 feet to the Point of Beginning; Thence continuing South 01°15'41" West, a distance of 641.43 feet to the Southwest Corner of said subdivision; Thence South 88°44'01" East along the South line of said subdivision, a distance of 335.69 feet to a line parallel with and 280 feet westerly, as measured along the South line of said subdivision, of the westerly margin of Pacific Highway South; Thence North 01 °12'43" East along said parallel line, a distance of 278.41 feet; Thence North' 88°43'44" West, a distance of 120.44 feet; Thence North 01'12'39" East, a distance of 170.00 feet; North 65°12'19" West, a distance of 27.27 feet; Thence North 01'12'39" East, a distance of 82.11 feet; Thence North 88°43'44" West, a distance of 189.79 feet to the Point of Beginning. KING,WA Page 4 of 5 Printed on 4/29/2013 8:20:17 AM Document: EAS 2005.0725002027 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFZ KING,WA Page 5 of 5 Printed on 4/29/2013 8:20:18 AM Document: EAS 2005.0725002027 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFZ Return Address: City of Federal Way Attn: Ann Dower, Public Works Dept. P.O. Box 9718 Federal Way, WA 98063-9718 20090707000944 FEVERRL WAY MISC 43.00 PAGEV01 OP 002 07/07/2009 12:03 KING COUNTY, WA EXHIBIT 3 LICENSE 20090707000944.001 Grantor (s): CHURCH OF BLESSING, a Washington non profit corporation Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporation Property Legal Description (abbreviated): A ptn of the NE '/4 of the NE'/4 of the SE '/4 of Section 17, Tnshp 21 N, R 4E of the Willamette Meridian, King County, WA Additional Legal below Assessor's Tax Parcel ID#(s): 172104 9045 The undersigned owner of certain real property located in Federal Way, Washington and legally described as follows: That portion of the Northeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 17, Township 21 North, Range 4 East of the Willamette Meridian, King County, Washington, described as follows: Beginning at the Northeast Corner of said subdivision; thence North 89°43'44" West along the North line thereof 659.13 feet to the Northwest comer of said subdivision; Thence South 01015'41" West along the West line of said subdivision, a distance of 117.00 feet to the Point of Beginning; Thence continuing South 01'15'41" West, a distance of 541.43 feet to the Southwest Comer of said subdivision; Thence South 88°44'01" East along the South line of said subdivision, a distance of 335.69 feet to a line parallel with and 280 feet westerly, as measured along the South line of said subdivision, of the westerly margin of Pacific Highway South; 88°43'44" West, a distance of 120,44 feet; Thence North 01112'39" East, a distance of 170.00 feet, North 65°12'19" West, a distance of 27.27 feet; Thence North 01'12'39" East, a distance of 82.11 feet; Thence North 88°43'44" West, a distance of 189.79 feet to the Point of Beginning. ("Property") hereby grants an irrevocable license to the City of Federal Way ("City") and the City's agents, employees, contractors or representatives to enter upon the Property to inspect the construction of improvements, the performance of work or to allow the City to perform any necessary maintenance or work, all pursuant to that certain Assignment of Funds in Lieu of Bond of even date entered into between the City and the undersigned and incorporated herein by this reference. - 1 - Parcel No. 172104 9045 KING,WA Page 1 of Printed on 4/29/2013 8:20:13 AM Document: L1C 2009.0707000944 Branch :LYK,Usei- :LK]4 Order: 652154 Title Officer: TT Comment: Station Id :FFZ 99 DATED this. day of a- 20 (99 CHURCH OF BLESSING By: Alexander elnik, President 1430 South 330" Street Federal Way, WA 98003 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) 20090707000944.002 On this day personally appeared before me Alexander P. Melnik, to me known to be the President of Church of Blessing, the corporation that executed the foregoing License, and acknowledged the 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/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official•seal this 2Z day of _ /V! , 2009. (Notary Signatu e) j Notary ftoft 01a rmen E Rea 5tme a wou"Jon (Typed/Printed Name of Notary) CEN E eFwLG Notary Public in and for the Sia of ashin on. My Appdt�ment ExpirBr< Dec 22,'P009 ry $t My commission expires Irk t [}{7 G: /forms/assignofrim d L:\CSDC\DOCS\SAVE\15081194047.DOC -2- Parcel No. 172104 9045 KING,WA Page 2 of 2 Printed on 4/29/2013 8:20:14 AM Document: LIC 2009.0707000944 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFZ Return to: Jeff Lawrey 1+ s� Qwest Corporation 1208 NEE6464"' '" St., 4°i Floor Ijj ,l'jlrplj Seattle, WA 98115 20110722000745 o"CV Cori u"'r EAS 65 00 PAGE-061 OF B0� 87/2212ti11 NItJC COIJHIY, WA' IJA RECORDING INFORMATION ABOVE EASEMENT The undersigned Grantor, Gf_ Blessri+_o a Washb W= non•a2y1t mrrwra g7i for and in consideration of Mutuall Benefits i$_Q) and other good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey unto Qwest Corporation, a Colorado corporation, hereafter referred to as "Grantee", whose address Is 1801 California St., Suite 5100, Denver, CO 80202, its permitted successors, assigns, lessees, licensees, and agents a perpetual easement to construct, reconstruct, modify, change, add to, operate, maintain, and remove such telecommunications facilities, and electrical facilities as needed for Qwest equipment, which may include power vaults or power transformers, provided by the local power utility and their contractors, and other appurtenances, from time to time, as Grantee may require upon, over, under and across the following described land situated in the County of IQNG, State of Washin_ or,, which the Grantor owns or in which the Grantor has any interest, to wit: An easement which is described in its entirety on EXHIBIT "A" which Is attached hereto and by this reference made a part hereof, all of which Is sltuated In Section 17, Township 21 North, Range 04 East of the Willamette Meridian. &OCKACREAGE. SEC17ON-U—TOWNSHIP 2IN RANGE04E. W.M. Taw Parcel # LZUORV45 Qwesr.ererencrr �: W Aa6 z111 e(ioo! SEE EXHIBITS A & B ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Grantor further conveys to Grantee the following Incidental rights: Grantor further conveys to Grantee the right of ingress and egress to and from the Easement Area during all periods of construction, maintenance, installation, reinforcement, repair and removal over and across Grantor's lands with the right to clear and keep cleared all trees and other obstructions as may be necessary for Grantee's use and enjoyment of the Easement Area. Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges herein granted. Grantee shall have no responsibility for pre-existing environmental contamination or liabilities. Grantor reserves the right to occupy, use and cultivate said easement for all purposes not inconsistent with the rights herein granted. Grantor Initials '`,• Page 1 of 4 EXCISE TAX NOT REQUIRED R Mslon KING,WA Page I of 4 Printed on 4/29/2013 8:19:48 AM Document: EAS 201 1.0722000745 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFZ Grantor covenants that Grantor is the fee simple owner of said land or in which the Grantor has any interest and will warrant and defend title to the land against all claims. Grantor hereby covenants that no excavation, building, structure or obstruction will be constructed, erected, built or permitted on said Easement Area and no change will be made by grading or otherwise to the surface or subsufface of the easement area or to the ground immediately adjacent to the easement area. SAID EASEMENT REPLACES, SUPERSEDES AND NULLIFIES THE PRMOUS QWEST EASEMENT RECOREDED IN THE OFFICE OF THE ICING COUNTY AUDITOR UNDER AUDITOR FILE NUMBER SE02260340 AND DATED 01/11/19as. The rights, wndKions. and proviSiOns of th s easement shall Inure to the benefit of and be binding upon the heirs, executors, adminisvatws, sucoessors and assigns of the respective parties hereto. 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 awafd rendered by the arbitrator may be entered I any court haWng jurisdiction thereof. The atbitration shall be Conducted In the county where the property Is located. Y-6 ^-� Dated tMs Y day of �Ae 2011. GitANroi3r h-c.t C h Crr bef SSi N °J ay Name -e YLr% Title N STATE OF WASHINGTON } } ss COUNTY OF n r' The boregoin Insirum r�T, was [k ow edged before me this day o F 201 y ri e mt tie4�=of [NOTARY SEAL] Notary Public'' My commission expires: -A9- Resides at: R/W # WAo6 Till (col Job # HOWAA96 Exchange: Waverly 7 County: IWg N Page 2 of 4 KING,WA Page 2 of 4 Printed on 4/29/2013 8:19:49 AM Document: EAS 201 1.0722000745 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFL EXHIBIT A LEGAL DESCRIPTION QWEST JOB# HOWAA96 TPN 1721049045 QWEST EASEMENT 18' X 21.5' W A06Z411 C8001 THAT PORTION OF PARCEL "A", AS SHOWN ON CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT RECORDED UNDER AFN 20011212900004, RECORDS OF KING COUNTY, WASHINGTON, LYING WITHIN THE SOUTHEAST QUARTER OI' SECTION 17, TOWNSHIP 21 NORTH, RANGE 04 EAST, OF THE W.M., KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL "A"; THENCE N 01 °12'35"E ALONG THE EAST LINE OF SAID PARCEL "A", 3.00 FEET TO THE NORTH RIGHT- OF- WAY OF SOUTH 330' STREET. THENCE N 88°44'04"W ALONG SAID RIGHT- OF- WAY13.82 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT- OF- WAY N 88°44'04"W, 18.00 FEET; THENCE N 00°36'20"E, 21.50 FEET; THENCE S 88°44'04"E, 18.00 FEET; THENCE S 00°36'20"W, 21.50 FEET TO THE TRUE POINT OF BEGINNING. ATTACHED HERE TO EASEMENT EXHIBIT MAP B. (PAGE 3 OF 4) KING,WA Page 3 of 4 Printed on 4/29/2013 8:19:50 AM Document: EAS 201 1.0722000745 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station ld :FFZ EXHIBIT 'B" (PAGE 4 OF 4) QWEST CASEMENT — QWFST JOB iPHOWAA96 7430 S. 33OTtf ST, CITY OF FEDERAL WAY KING COUNTY, WASHINGTON EXHIBIT TO ACCOMPANY tE L DESCRIPTION VJA dGtIIf G6o�C PARCEL A' TPN 1721049045 PARCEL "A" KING COUNTY BLA AFN 200172129WO04 1430 S. 3307H ST. PROPOSED 18' x 21.3' OWEST EASEllfNr— N 00J6'20'E 21.50 NEW R/W 7PN 172104906E W'44'04'E moo /--5100J6'20'W 21.50 N 66'44'04"W 13.62 N 0112'35E 100 N 66'44'04"W 18.00� ~ 1DLD R/W U COMER M PARCa 'A' S. 330TH STREET a�.D:S DATE: 9�•"as ■vg'.�4' JUNE, 2011 t W pa'. C S JGB ND.: ` = SURVEYING 11620 A o •. �, C 3980 Snuth 352nd Street URA%N 9Y- rcla�ax*. 4` AubssSJrn. Washington 96001 rMECKED er. 'M4L F"K0 e° Phone: 253) 835-4000 xvlxm hi [St s Pax: �253) 661-3641 ��„r• D05 KI.NG,WA Page 4 of 4 Printed on 4/29/2013 8:19:51 AM Document: EAS 201 1.0722000745 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFZ Recording Requested By: When Recorded Mail To: 20110901001061 CITY OF FEDERR COV 64.00 PAGE-001 OF 003 CITY OF FEDERAL WAY 09/01/2011 14:47 33325 8U` Ave S KING COUNTY, wa FEDERAL WAY, WA 98003 ATTN: Ann Dower, Public Works Deparment. DECLARATION OF COVENANT Grantor (s): CHURCH OF BLESSING, a Washington non profit corporation Grantee (s): CITY OF FEDERAL WAY, a Washington Municipal Corporation Property Legal Description (abbreviated): A ptn of the NE 1/4 of the NE 1/4 of the SE 1/4 of Section 17, Tnshp 21 N, R 4E of the Willamette Meridian, King County, WA Assessor's Tax Parcel ID#: 172104 9045 IN CONSIDERATION OF the approved City of Federal Way (" City' building permit for application No. 05-105373-000-CO relating to real property legally described as: Parcel A of the City Of Federal Way Boundary Line Adjustment No. 01-102624-00-SU as recorded with King County under recording number 20011212900004 located in Volume 149 at Page 132 The undersigned as Grantor(s) declares that the above described Property is hereby subject to a perpetual easement for a natural or constructed storm water conveyance system ("System' and hereby dedicates, covenants, and agrees as follows: 1. City shall have the right to ingress and egress over the Property to access such easement area for inspection of and to reasonably monitor the System for performance, operational flows or defects in accordance with City's Surface Water Management Divisions procedures. 2. If City determines that maintenance or repair work is required to be done to the System, the Manager of the Surface Water Management Division of the Department of Public Works ("Manager') shall give notice of the specific maintenance and/or repair required. The Manager shall also set a reasonable time in which such work must be completed by the Grantor, its heirs, successors or assigns. If the above required maintenance and/or repair is not completed within the time set by the Manager, the City may perform the required maintenance and/or repair. Written notice will be sent to the Grantor stating the City's 1 KING,WA Page 1 of 3 Printed on 4/29/2013 8:19:46 AM Document: COV 201 1.0901001061 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment. Station Id :FFZ intention to perform such maintenance. Maintenance work will not commence until at least seven (7) days after such notice is mailed. If, within the sole discretion of the Manager, there exists an imminent or present danger, said seven (7) day notice period will be waived and maintenance and/or repair work will begin immediately. 3. If at any time the City reasonably determines that any existing retention/detention system creates any conditions detrimental to the receiving surface water system, public and/or private property, the Manager may take any measures pursuant to Federal Way City Code. 4. The Grantor shall assume all responsibility for the cost of any maintenance and for repairs to the System. Such responsibility shall include reimbursement to the City within thirty (30) days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate as liquidated damages. If legal action ensues, the prevailing party is entitled to costs and/or fees. The Grantor is hereby required to obtain written approval from the Manager prior to filling, piping, cutting, or removing vegetation (except in routine landscape maintenance) in open vegetated drainage facilities (such as swaies, channels, ditches, ponds, etc.), or performing any alterations or modifications to the drainage facilities contained within Property as described previously. Any notice or consent required to be given or otherwise provided for by the provisions of this Declaration of Covenant shall be effective upon personal delivery, or three (3) days after mailing by Certified Mail, return receipt requested. 6. Grantor agrees to indemnify, defend, and hold City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Declaration of Covenant except to the extent caused by the sole negligence of the City. This covenant is intended to protect the value and desirability of the Property, and shall inure to the benefit all the citizens of City of Federal Way, and shall run with the land, and shall touch and concern the land, and shall be binding on all heirs, successors, and assigns. KING,WA Page 2 of 3 Printed on 4/29/2013 8:19:47 AM Document: COV 201 1.0901001061 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFZ GRANTOR: STATE OF WASHINGTON ss. COUNTY OF Kinr} By: CHURCH OF BLESSING Alexander P. Melnik, President 1430 South 330'h Street Federal Way, WA 98003 On this day personally appeared before me Alexander P. Melnik, to me known to be the President of the Church of Blessing, that executed the foregoing instrument, and acknowledged the 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. GIVEN my hand and official seal this ��'day of �I4Crid�"r 20 C±:1 (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires i :25-1Lt- G:\LawForms\DeclarationofCovenantStorm 1 08/04 1: \csdc\docs\save\19388354053. doc K1NG,WA Page 3 of 3 Printed on 4/29/2013 8:19:47 AM Document: COV 2011.0901001061 Branch :LYK,Usel :LK14 Comment. Station Id :FFZ i 111 AFTER REC'ORD1N(; MAILTO Church of Blessing WHIM POI1536 31037 44th Avenue South Auburn, WA 98001 �I 47�AI}i11I CAN wo 9 00 10/05/2000 16:09 KING COUNTY, WA E1780331 1 /0E120'e 15 157 KING COUNTY, I.A TAX gt aee.aa SALE $1 0�,0Aa 0 PAGE 001 OF 002 Filed for RCLord at Request of First American Title Insurance Company Finn American Title ESLrow Numher 2001245RRI /nrurance Company Statutory Warranty Deed (;rdnwr(s) Pacific Rim Investments Group, L L.0 Oranlee(s) Church of Blessing Ahhreviatcd Legal Ne Quarter SE Quarter, records of King County, WA, 17, 21NQ LID4E Cn Additional legal(t) on page 2 1C'i' . 111-S Assessor's Tax ParLLI Number(s) 172104-9045-00 , 172104-9069-01 3� -G r� THE GRANTOR Pacific Rim Investments Group, L L C , a Washington limited liah,1iry rnmpany U ofor and inLonsideral ion of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION '— mhand paid, Lonveysand warrants toChurch of Blessing, a Washington non-profit corporation olhL following dcuribed rudl eNLde, situated in the County of King Stale of Washington cv SLL AttaLhed Exhibit A Dated this 29th ddyol September, 2000 By Pacific Rim Investments Group, By L L C Alireza assemikia, Member �.. _. l9 � By gy S Javad Maadaniarr, Memhe. - STATE OF Washington County of Pierce i .SS 1 Certify that I know or have satisfactory evidence that S Javad Maadanian and Al i reza Ghassemikia are the persons who appeared beforL mL, and said person s acknowledged that they vgned this instrument, on oath stated that they are authorized to execute the instrument and acknowledge it as the Members of Pacific Rim Investments Group, L L.0 to he the free rnd vulunt fL"to%a[Aych party for the uses 11 purposes menliOn d this s(rume t Dated October azxHdRa�►1, Jr aL�� Yj1} { !, r�jl1�/)�� Ekp�t t"1 Renee] Richardson 1 lC iit[i •i .` .yi Y9 r Q[Ail �a) Notary PubhL in and for the State of Washington xr Residing at Puyallup 1 . p WV' 3 My appointment expires 9/25 2004 p. Peyc i t.PB-10 KING,WA Page 1 of 2 Printed on 4/29/2013 8:25:00 AM Document: DED WAR 2000.1005001536 Branch :LYK,User :LKl4 Comment: Station Id :FFZ Exhibit A THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF rHL' SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 21 NORTII, RANGE 4 EAST, W M , IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION, THENCE NORTH 89°41'44" WEST ALONG THE NORTH LINE THEREOF 444 45 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 0°14'38" WEST 380.00 FEET, THENCE SOUTH 89*41'44" EAST 120 FEET TO A LINE PARALLEL WITH AND 280 00 FEE WESTERLY, AS MEASURED ALONG THE SOUTH LINE OF SAID SUBDIVISION, OF THE WESTERLY MARGIN OF PACIFIC HIGHWAY SOUTH, THENCE SOUTH 0°14'38" WEST ALONG SAID PARALLEL LINE 278 48 FEET TO THE SOUTH LINE OF SAID SUBDIVISION, THENCE NORTH 89°42'00" WEST ALONG SAID SOUTH LINE 335 41 FEET TO THE SOUTHWEST CORNER OF SAID SUBDIVISION, THENCE NORTH 0°18'15" EAST 658 52 FEET TO THE NORTHWEST CORNER OF SAID SUBDIVISION, THENCE SOUTH 89°41'44" EAST 214 72 FEET TO THE TRUE POINT OF BEGINNING m .Subject to 1 Lease and the terms and conditions thereof as disclosed by Memorandum of Le`ase, Lessor, Pacific Rim Investment Group, LLC; Lessee United States o Postal Service; Term 5 Years with 5 Year Option, Deted March 1, 1997, o Recorded: September 10, 1997; Recording No 9709100632, 0 2 Easement, including terms and provisions contained therein recorded o March 22, 1956 under Auditor's file no 4675062, 0 [V 3 Covenants, Conditions, Restrictions, Reservations and/or Exceptions contained in instrument recorded January 27, 1965 under Auditor's file no 5837598; 4 Easement, including terms and provisions contained therein recorded March 22, 1977 under Auditor's file no 7703220864, 5 Easement, including terms and provisions contained therein recorded December 28, 1977 under Auditor's file no 7712280839, 6 Underground Utility Easement provisions recorded February 26, 1988 under Auditor's file no 8802260390, 7 Terms, Covenants, Conditions and Restrictions as contained in Recorded Lot Line Ad3ustment (Boundary Line Revision) recorded August 7, 1996 under Auditor's file no a..¢080714711 8 Conditions, NoC4-3 and Provisions contained and/or delineated on the face of the Survey recorded under King County Recording No. 9902019008 Pd6e 2 I.PA-iu KING,WA Page 2 of 2 Printed on 4/29/2013 8:25:01 AM Document: DED WAR 2000.1005001536 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFZ Return Address: City of eral ay 4 Attn :AnnDower fi 8 Ave S 201109010 1062 Federal Way, WA 98003-6325 Feder CITY OF FEDERA LSO 55.00 PRG£-001 OF 004 09/01/2011 14:47 KING COUNTY, UA E2508228 KINK COUNTY, WA $10.00 SALE $0.00 PAGE-001 OF 001 STATUTORY WARRANTY DEED Grantor (s): CHURCH OF BLESSING, a Washington non profit corporation Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporation Property Legal Description (abbreviated): A ptn of the NE 1/4 of the NE 1/4 of the SE 1/4 of Section 17, Tnshp 21 N, R 4E of the Willamette Meridian, King County, WA Additional Legal(s) on Exhibit A Assessor's Tax Parcel ID#(s): 172104 9045 THE GRANTOR(S), CHURCH OF BLESSING, a Washington non profit corporation, for and in consideration of the City of Federal Way's approval of a building permit,No. 05-105373-000-CO for construction of a building and associated improvements, and other good and valuable consideration, conveys and warrants to the CITY OF FEDERAL WAY, a Washington municipal corporation, all of its right, title and interest, and any after -acquired interest therein, in and to the following described real property situated in County of King, State of Washington: Full legal description of Property attached hereto as Exhibit "A", and incorporated herein by this reference. .1_ PARCEL 9046 KING,WA Pagel of4 Printed on 4/29/2013 8:19:43 AM Document: DED WAR 2011.0901001062 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFZ DATED THIS z h day of AL4 lf 20�• GRANTOR: CHURCH OF BLESSING By; Melnik, President 1430 South 330'h Street Federal Way, WA 98003 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me Alexander P.Melnik, to me known to be the President of Church of Blessing, the non-profit corporation that executed the foregoing instrument, and acknowledged the 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. _GIVEN my hand and official seal this ';*-1 day of 20J. f 11&1Arij !_a.4cJ�') (notary signat&e) (typed/printed name o notary) Notary Public in and for the State of Washington. My commission expires ,I=25 - Ia 1: \csdc\dots\save\34001915048. doc G:\1awforms\deeddev.doc 08/04 -2- PARCEL9045 KING, WA Page 2 of 4 Printed on 4/29/2013 8:19:44 AM Document: DED WAR 2011.0901001062 Branch :LYK,User :LK14 Order: 652154 'Title Otticei: TF Comment: Station Id :FF2 RIGHT-OF-WAY DEDICATION Exhibit A THE EXCEPTED PORTION OF THE FOLLOWING DESCRIBED PROPERTY: COMMENCING AT THE NORTHEAST CORNER OF NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON; THENCE NORTH 88°43'44" WEST ALONG THE NORTH LINE THEREOF, 444.45 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01°12'39" WEST 380 FEET; THENCE SOUTH 88°43'44" EAST 120.48 FEET TO A LINE PARALLEL WITH AND 280 FEET WESTERLY, AS MEASURED ALONG THE SOUTH LINE OF SAID SUBDIVISION, OF THE WESTERLY MARGIN OF PACIFIC HIGHWAY SOUTH; THENCE SOUTH 01 012'39" WEST ALONG SAID PARALLEL LINE 278.41 FEET TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE NORTH 88°44'01" WEST ALONG SAID SOUTH LINE 335.74 FEET TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 01 *15'41" EAST 658.43 FEET TO THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 88°43'44" EAST 214. 68 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT, BEGINNING AT THE SOUTHEAST CORNER OF THE ABOVE PARCEL; THENCE NORTH 88°44'01" WEST ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 335.74 FEET; THENCE NORTH 01015'41" EAST ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 195.91 FEET; THENCE SOUTH 11°41'51" EAST, A DISTANCE OF 139.13 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, TANGENT TO SAID LINE; THENCE SOUTHEASTERLY A DISTANCE OF 41.91 FEET ALONG THE ARC, HAVING A RADIUS OF 32.00 FEET AND A CENTRAL ANGLE OF 75"02'10"; THENCE SOUTH 86"44'01" EAST TANGENT TO SAID CURVE, A DISTANCE OF 72.12 FEET; THENCE SOUTH 88°44'01" EAST, A DISTANCE OF 202.37 FEET; THENCE SOUTH 01 °12'39" WEST ALONG THE EAST LINE OF SAID PARCEL, A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING. 1 of 2 KING, WA Page 3 of 4 Printed on 4/29/2013 8,19:45 AM Document: DED WAR 2011.0901001062 Branch :LYK,User :LK14 Order: 652154 Title Officer: TT Comment: Station Id :FFL MAP EXHIBIT _ S 88'43_'44' E z 14, 68' fg iareel B M4Ft. I P.60 Acres 1 0 0 yi 1 Q La I N.T.S. S 88'43'44' E I ' r Ii N 1 Parcel A r, 149482 4 Ft r� 3,42 Acres N W 12 cO � fr: I INCH , FORgM L= 41.9V R= 323: a- N0210' 2of2 KING,WA Page 4 of 4 Printed on 4/29/2013 8:19:45 AM Document: DED WAR 2011.0901001062 Y iRe g A p a o a �g s. � `Fa 4 2 8 ka - 7 ar zou Of WW AM-&W Rom Go I sl R e-4 �q N pf1t1� E "4,W : S Alt, W CSJ '0 0 4'. bd z _ 40Y 0 0 0 '• . a mymr c mrtu7_(r}{n[til co cn EIn;099 FPf V ' a by • . 397 \ •vr��' � ci 1 , '•i IR g `P1 o jig� m a H L=J e R j R vnrar c V g !G € L__. F PACUIC HIGHWAY SOUTHta lljxl �� Z: Web date: 04/26/2007 L-9 Kind County Department of Development and Environmental Services Building Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98057-5212 206-296-6600 M 206-296-72 fp r—r- ,EIVED WATEK AVAILABILITY.-.-' Kl1g.G C-OUNTY CERTIFICATE OF rL� WATER AVAILABILITY � - - ERU uN� For alternate formats, call 206-296-6600. M61A' This certificate provides the Public Health - Seattle & King County Department and the Department of Development and Enviroaff til JeNS with information necessary to evaluate development proposalsk, Do not write in this box CITY OF FEEXRAL. WAY Dumber MS Name ✓ VBuilding Permit ❑ Pr iminary Plat or PUD ❑ Short Subdivision .=or other: 13 jAA, l aol n4 � �, -( t�A_� ✓ Applicant's name: Cry ✓ Proposed use: Qr 'uft Location (attach map and legal description if necessary): 1. 91 a. Water can be provided by service connection only to an existing M W(,O b ON - 5 tT lA� 1 (size) water main that is OR ® b. V 3. N C m Water service will require an improvement to the water system of: ❑ (1) feet of water main to reach the isite; �andd!`�0� El (2) The construction of a distribution system on the site; and/or J9 (3) Other (describe): F g 5Tr=r1 AA4- NOIC,-'"xo & pEveLPF4L Erf'<&4i&AC706N6 6 a. The water system is in conformance with a County -approved water comprehensive plan.,JIL�_ Ze (2k-" lKty, OR b. The water system improvement is not in conformance with a County approved water comprehensive plan and will require a water comprehensive plan amendment. (This may cause a delay in issuance of a permit or approval.) a. The proposed project is within the corporate limits of the district, or has been granted Boundary Review Board approval for extension of service outside the district or city, or is within the County approved service area of a private water purveyor. OR ❑ b.' Annexation or Boundary Review Board (BRB) approval will be necessary to provide service. r4. .M a. Water is or will be available at the rate of flow and duration indicated below at no less than 20 psi measured at the nearest fire hydrant 0t-J- S 111F 4eet-from the building/property (or as marked on the attached map): Rate of flow at Peak Demand: ❑ less than 500 gpm (approx. gpm) ❑ 500 to 999 gpm ❑ 1000 gpm or more ❑ flow test of gpm i9 calculation of 2 �66a gpm. Duration: ❑ less than 1 hour ❑ 1 hour to 2 hours J;� 2 hours or more Other: Jfgr kpti W r_I!L& r OR (Note: Commercial building permits which include multifamily structures require flow test or calculation.) ❑ b. Water system is not capable of providing fire flow. /5. 0 a. ' Water system has certificates of water rights or water right claims sufficient to provide service. OR ❑ ki. Water sys rn does not currently have necessarywater rights or water d lit claims.. E�asT� '� nAY �c�� PC �CJ�A�� WI NNI N h KNO uC�`IR� Comments/conditions: I certify that the above water purveyor information is true. This certification shall be valid for one year from date of signature_. LAKEHAVEN UTILITY DISTRICT _ 91 L— i ' wj Agency name Signatory name Title Signature J�5l Date In Highest Min. Pressure Zone; Lowest Elevation of Property � 15 ? ; Est. Max. Pressure Y 5-7 psi The District, at its sole discretion, reserves the right to delay or deny water service based upon capacity limitations in District and Other Purveyor facilities. Water availability form Rev. 05-19-2003 Page 1 of 1 S4L- Al T LiTY I715TIJd Water Availability Map Water main - Water service lines Hvdrants yy� Development Engineering NOTE: Lakehaven Utility District neither warrants nor guarantees the accuracy of any facility information shown. Facility locations and conditions are subject to field verification. LAKEHAVEN UTILITY DISTRICT Hydraulic -Model -Calculated Fire Flow Estimate Request/Reporting Form Results By: Date: 11/06/03 Model Run No.: Bert Ross 2 95LUDSFF.INP FF#180 Condition Pressure (psi) Flow ( in) 1 Static 45 0 2 Flow rate at which flow velocities within the water 30 3,600 system will not exceed 10 feet per second (fps) (District flow vela! i standard for its distributions stein 3 Flow rate at 20 psi residualpressure 20 5,100 4 The MAXIMUM AVAILABLE FIRE FLOW RATE 2,500 listed here for the specified location is TO BE USED FOR DESIGN PURPOSES and is the least of values provided in either Row 2 or Row 3, or the District's Fire Flow Standard for the local land use. NOTE: The fire flow analysis was performed at the existing pipeline intersection on the west side of Pacific Highway South at the imaginary street intersection of 10 Avenue South & South 329' Street, and incorporates the new water system constructed for Celebration Park. On -site fire flow estimates may need to be determined during design of any on -site water system improvements and extensions. There is no guarantee that the District's hydraulic model results will represent actual system performance. Model results depict the theoretical performance of the system under high demand conditions, including peak day water consumption. Actual field measurements maybe desired for design pin -poses. a King Cb. unty Department of Development and Environmental Services "Building Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98057-5212 206-296-6600 TTY 206-296-7217 Web date: 04/26/2007 WE AVA L►41BI.LlT ::. �.to ON COUNTY-CERTIFf.,CATE'QF ✓ SEWER-AVAILAABI(ITY ERUQVA �W For alternate formats, call 206-29,6-6600. This certificate provides the Public Health - Seattle & King County Department and the Department of Development and Environmental Services with information necessary to evaluate development proposals. q Do not write in this box Number Name ['Building Permit ❑ P�,el��ary Plat or P U 0 � � ((.-� � ❑ Short Subdivision V or other: "�t,t -r" ✓Applicant's name: ,/Proposed use: Cl- {/Location (attach map and legal description if necessary): S �' � p S„ 1. a. Sewer servicecan be provided by side sewer connection only to an existing l0C,q i7 size sewer ti— L(S feet from the site and the sewer system has the capacity to serve the proposed use. OR ❑ b. Sewer service will require an improvement to the sewer system of: ❑ 0 ) feet of sewer trunk or lateral to reach the site; and/or ❑ (2) The construction of a collection system on the site; and/or ❑ (3) Other (describe): ✓ 2. a. The sewer system improvement is in conformance with a County approved sewer comprehensive plan. OR ❑ b. The sewer system improvement will require a sewer comprehensive plan amendment. V 3. ] a. The proposed project is within the corporate limits of the district or has been granted Boundary Review Board approval for extension of service outside the district or city. OR ❑ b. Annexation or Boundary Review Board (BRB) approval will be necessary to provide service. L/ 4. Service is subject to the following: a. Connection charge: —D g6- trftL-W [}Ai15Q b. Easement(s): Qo G. Other: yzl� ICIAJ lCGtr CtzN+U6r,T:� p�M I-r 04-- 6?QiKrbD C e * The District, at its sole discretion, reserves the right to delay or deny sewer service based upon capacity limitations in District and Other Purveyor facilities. I certify that the above sewer agency information is true. This certification shall be valid for one year from date of signature, LAKEHAVEN UTILITY DISTRICT S L t-- IJ SoI�% Agency name Signatory ame sec i' / sl3 /i3 Title Signature O:a�k 5 /!3 Date f v�i sewer availability form.doc b-cert-sewer.pdf 02-07-2002 Page 1 of 1 Development Engineering �TILITY DISTW Sewer Availability Map Sewer Main Sewer Manholes NOTE: Lakehaven Utility District neither warrants nor guarantees the accuracy of any facility information shown. Facility locations and conditions are subject to field verification. WAIF MR Mi �r co -s sr:r ff C !1 rr r .Am �y wz d �.. Z iZ CITY OF FEDERAL WAY CDS M ��g !j O - W � igg�Fa)) 2 UJ MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 4s� ��E��ll.d 33325 81h Avenue South CITY OFl�D Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 Federal WS U N 11 2013 w ww.6tyoefedcra[way.cotn CITY OF FEDERAL WAY CDSS APPLICATION NOW I �/I Date Project Name I,E i lv Property Address/Location 33dTQ 5 . Parcel Number(s) 2 J0AJ,0)0q57 Project Description DEWL 6H x1sT1NMEtt(— 1LDitiG I Co^vsTeucT n,+fw AMcrw a. PI,F,ASF PRINT Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process H (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 t 5 Zoning Designation r-A.m. 2,WS. Comprehensive Plan Designation Value of Existing Improvements Value of Proposed Improvements International Building Code (IBC): a-3 Occupancy Type Construction Type qK Applicant CoN'MiCT: Name: Facim6R I V0 AR M1'reC'r5, puc. ti'.S JAMIC LOVE Address: Szo-1 Love wp5H)A1&_r u QL.�D � Su1TE 2G0 City/State: k1 Rtc L*._ n , WA Zip: `t So 33 Phone: (42,5) 621-y100 Fax: 01S) 82$-e8T9 Email: �IavG a �hogroh • cor>^ Signature: — Agent (if different than Applicant) Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Owner Name: CftECO of St.E561A;(1 Address: Iq3o S 336r* ST City/State: FEoft*/- L-PH , cuAr Zip: 1500 2- Phone: tZ,00 180 - to800 Fax: _ Email: +`��n�k�am�l.l �i110frvrt�l• com Signature: Bulletin #003 —January 1, 2011 Page 1 of 1 k:\Handouts\Master Land Use Application