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15-101784Mw hn+sa ry Jim Ferrell, Mayor April 16, 2015 Steve Mehl Mehl Homes, Inc PO Box 5447 Kent, WA 98064 RE: Permit #15-101784-00-SM; FORD; 4ch Place SW; APN 3021049180; Also Establishing Requirements for APN 3021049181 and 3021049182 Dear Mr. Mehl: Tlie Public Works Department has received your letter requesting to make no improvements to 4th Place SW in conjunction with developing three existing single-family lots. Staff has evaluated the existing conditions along 4'h Place SW, reviewed Federal Way City Code (FWRC) Section 19.135.070, and considered past direction provided by the City Council, as follows: 4`h Place SW is an existing private road, payed to a width of 17 feet For a length of 150 feet, with a rock wall on one side. The road then becomes gravel, narrows, and extends an additional 400 feet. The road is located within a 30 foot wide easement. South ling Fire and Rescue has determined that the road is adequate as long as the homes have sprinklers. Two homeswere developed previously along this road after a waiver was granted in 2007 (file 407-105640-SM). An access easement and maintenance agreement has been established. Considering that it serves five lots, this private road corresponds most closely to cross section GG, which requires 24 feet of pavement and 5' sidewalk on both sides, all within a 34' easement. FWRC 19.135.070 Modifications, Deferments and Waivers allows the Public Works Director to grant a request to modify the required street improvements only after consideration of four specific reasons. Since the wall would need to be reconstructed to accommodate a wider access, the reason most applicable here is contained in FWRC Section 19-135.070 (1) `Unusual topographic conditions preclude the construction of improvements as required." The City hereby grants a modification of the required improvements. The applicant shall provide an all- weather surface (2"pavement over 4" crushed rock, or 6' crushed rock), a minimum of 20' wide where Feasible without removing the existing wall. This improvement shall be made From SW 356", St to the south end of APN #302104-9180. L:ACS DC\DOCS`,SAV C'v 12059366026. DOC 33325 8th Avenue South, Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com The conditions of this right-of-way modification will be applicable for a period of one year from the date of this letter. If a building permit is not issued within the one-year time limit, this waiver will be void and a new request for modification must be submitted. Should any of these lots be subdivided, the road will be reevaluated based on then -current standards, and this right-of-way modification shall not apply. If you have any questions or need clarification of the above street improvement requirements, please contact Ann Dower, Senior Engineering Plans Reviewer, at (253) 835-2732. Sincerely, Edward J. Walsh, P.E. Development Services Manager EW/AD:mt cc: pf/ad df L:\CSDC\DOCS`SAVE, [ 2059366026.DOC ' 5-l017 WN -5H EHL HOMES INC. � April 10, 2015 CITY OF FEDERAL WAY DIRECTOR OF PUBLIC WORKS: This letter is requesting a right -of -way -modification to the Federal Way Revised Code Chapter 19.135.030 not to widen or pave the 30' easement road serving the following parcel numbers: 3021049180, 3021049181, 3021049182, 3021049108, &3021049517. 1.) This is not a right of way but a 30' private easement 2.) Wood not be harmonious to existing street improvements 3.) Unusual topographic conditions preclude the construction of improvements as required Under the preliminary title report # 0033406-04, Schedule "B" #2 is the recorded easement for All 5 lots served by the 30' easement. Recording # 9412090162. Easement (Road) maintenance is shared by all 5 lots under "B" #4 Recording #20050311002284 Thanks for your consideration MEHL HOMES INC. APR 10 2015 CITY OF FEDERAL WAY CDs DESIGNING AND BUILDING QUALITY HOMES P.O. BOX 5447 ® KENT, WA 98064 253-852-0700 A Page 1 of 2 Hi Steve Regarding the private road issue: Technically, the private road is required to be 20' wide and paved, with a turn -around, to meet current City standards. I've checked in with South King Fire, and they are ok with the road as it stands, as long as you sprinkler the home. Apparently that has been the case for the other two homes that are accessing off this easement, since they weren't required to widen or pave for their building permits. What you need to do is apply for a Right -of -Way Modification requesting not to widen or pave the road, and staff will support that. See attachment. In your letter, include the other two lots that you own along that easement so that we don't need to do or eac one em. s a con i ion o approval, we win —require you to establzs a aaccess easement establishing who has access and how maintenance will be handled/funded. Preferably you would cret agreement f:;r Nlc na an Sti we a participate in the maintenance, hilt either way t ey nee u e in the access rig s. t at easement already exists, please send me a copy. I didn't find it in KC records. The old King County Engineer subdivision application that you submitted (07283) does require that an easement be established, so maybe it was done back in the day but it's too old to show up online. It should be in your title report. Regarding the storm drainage: The only problem I found with your drawing is that the driveway runoff has to travel through 5' of vegetation before it goes into the gravel t ch. You could move the house 5' bac o al ❑w space or t a or you c pipe roof water to an an ra i n nc driveway, and allow the driveway water to flow to a surface -level trench. So you would have one trench detail that looks like the one on p. C-45 under the driveway, and one that looks like the trench on page C-46 of that book I sent you. Let me know if you have questions. Ann Dower 33325 8th Avenue South Federal Way, WA 98063 Phone: (253) 835-2732 Fax: (253) 835-2709 -----Original Message ----- From: mehlhomes [mailto:mehlhomes@aol.com] Sent: Wednesday, April 08, 2015 10:20 AM To: Ann Dower Subject: Re: Dispersion and Infiltration Ann, Thank you for talking to me about this drainage issue. Attached is the revised plan Thanks, Ge- https://mail.aol.com/webmail-std/en-us/suite 4/9/2015 ALTA COMMITMENT FOR TITLE INSURANCE Issued By agent: CHICAGO TITLE COMPANY OF WASHINGTON Commitment Number: 0033406-04 Update 2nd commitment CHICAGO TITLE INSURANCE COMPANY, a Nebraska corporation ("Company'), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned By: eo WAT f� Authorized Officer or Agent Chicago Title Insurance Company By: Attest: President xe�— - Secretary RESUBMITTED APR 10 2015 Copyright American Land Title Association. All rights reserved. -TTY OF FEDERAL WAY ""'r~ N CDS A•Q SSOCI ONN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment (Adopted: 06.17.2006) Prnted 03.24.15 @ M25AM Page 1 WA-CT-FNSE-02150.622474-SPS-1-15-0033406-04 CHICAGO TITLE COMPANY OF WASHINGTON ISSUING OFFICE: _ title Officer: Unit 4 / Seattle Residential Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Main Phone: (206)628-5600 Email: CTISeattleTitleUnit4@ctt.com SCHEDULE A ORDER NO. 0033406-04 1. Effective Date: March 17, 2015 at 08:00 AM 2. Policy or (Policies) to be issued: COMMITMENT NO. 0033406-04 UPDATE 2nd commitment FOR SETTLEMENT INQUIRIES, CONTACT: Escrow Officer: Donnel Penner Chicago Title Company of Washington 15215 SE 272nd St., Suite 101 Kent, WA 98042 Phone: 253-856-9760 Fax: 253-856-9761 Main Phone: (253)856-9760 Email: Donnel.Penner@ctt.com a. ALTA Owner's Policy 2006 Proposed Insured: Larry Ford and Brooke Ford, husband and wife Policy Amount: $152,500.00 Premium: $ 664.00 Tax: $ 63.08 Rate: Standard Discount(s): General Schedule with Combination Prior policy Total: $ 727.08 b. ALTA Loan Policy 2006 Proposed Insured: To Be Determined Policy Amount: To Be Determined Premium: To Be Determined Tax: To Be Determined Rate: Standard Discount(s): Simultaneous Total: To Be Determined 3. The estate or interest in the land described or referred to in this Commitment is. Fee Simple 4. Title to the estate or interest in the land is at the Effective Date vested in: Mehl Homes Inc, a Washington corporation 5. The land referred to in this Commitment is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF END OF SCHEDULE A ANF�[ICAN Copyright American Land Title Association. All rights reserved. LAND TITLE h�WCMT�p% The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinter under license from the American Land Title Association. ALTA Cerrmi[ment (Adopted: 06.17.2f�55) Printed: 03.24.15 @ 08:25 AM Page 2 WA-CT-FNSE-02150.622474-SPS-1-15-0033406-04 EXHIBIT "A" Legal Description For APN/Parcel ID s( ). 302104-9180-08 Area 3, as delineated on King County Survey recorded under Recording Number 2007111590005, being a portion of the East half of the Southwest Quarter of the Northeast Quarter of Section 30, Township 21 North, Range 4 East, Willamette Meridian, in King County, Washington; Together with an easement for ingress, egress and utilities as disclosed by Instruments recorded under Recording Numbers 9412090162 and 20050311002284; (Also known as portion of King County Subdivision Number 07283 recorded under Recording Number 2007051000975). t� AMERICAN Copyright American Land Title Association. All rights reserved. LAND TITLE ASSOCIATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. JF ALTA commitment (Adopted: 06.17.2006) Prmte 03.24.15 @ 08:25 At -,I Page 3 WA-CT-FNSE-02150.622474-SPS-1-15-0033406-04 CHICAGO TITLE COMPANY OF WASHINGTON SCHEDULE B COMMITMENT NO. 0033406-04 UPDATE 2nd commitment Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: GENERAL EXCEPTIONS A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. C. Easements, prescriptive rights, rights -of -way, liens or encumbrances, or claims thereof, not shown by the Public Records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the Public Records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public Records. F. Any lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records. G. Unpatented mining claims, and all rights relating thereto. H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. I. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims or title to water. K. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. tttt.t 1 AMERICAN Copyright American Land Title Association. All rights reserved. LAND TITLE ASSOCIATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. _ ALTA Commitment (Adopted: 06.17.2006) Printed' 03.24.15 @ 08:25 AM Page 4 WA-CT-FNSE-02150.622474-SPS-1-15-0033406-04 CHICAGO TITLE COMPANY OF WASHINGTON SCHEDULE B (continued) SPECIAL EXCEPTIONS COMMITMENT NO. 0033406-04 UPDATE 2nd commitment Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Pacific Northwest Belll Telephone Company, a Washington corporation Purpose: Underground communications lines and aboveground telephone equipment and cabinets Recording Date: June 4, 1990 Recording No.: 9006040757 Affects: Being 5 feet wide, 2.5 feet on each side of the centerline of which is the buried telephone lines as placed across portions of said premises and other property 2. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Owners Purpose: Ingress, egress and utilities Recording Date: December 9, 1994 Recording No.: 9412090162 Affects: Westerly 30 feet of said premises and other property Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Puget Sound Energy Inc. Purpose: Electric transmission and/or distribution system Recording Date: July 9, 2007 Recording No.: 20070709000184 Affects: As constructed 4. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Ingress, egress and utilities Recording Date: March 11, 2005 Recording No.: 20050311002284 Affects: Westerly 30 feet of said premises Said instrument contains provisions for bearing the cost of maintenance, repairs or reconstruction of the ingress, egress and utilities by the users. 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Lakehaven Utility District, a municipal corporation Purpose: Water and sewer facilities Recording Date: May 27, 2008 Recording No.: 20080527001651 Affects: Westerly 30 feet of said premises Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. reprinted under license from the American Land Title Association. ALTA Commitment [Adopted: 06.17.2006) Printed 03.24.15 @ 06:25 AM Page 5 WA-CT-FNSE-02150.622474-SPS-1-15-0033406-04