15-100875SUBDIVISION GUARANTEE
Guarantee No.: G-6329-000003383 Fee: $300.00
Order No.: 01148-39009 Dated: January 05, 2015
Issued by
STEWART TITLE GUARANTY COMPANY
Stewart Title Guaranty Company (the "Company"), guarantees the County of King and any City within
which said subdivision is located in a sum not exceeding $1,000.00 that, according to those public
records which, under the recording laws, impart constructive notice of matters affecting the title to the
land included within the exterior boundary shown on the map of the subdivision, the only parties having
any record title interest in said land whose signatures are necessary, on the certificates consenting to
the recordation of said map and offering for dedication any streets, roads, avenues and other
easements offered for dedication by said map as referred to in the guarantee.
Signed under seal for the Company, but this Guarantee is to be valid only when it bears an authorized
countersignature.
Countersigned by:
4,&2D
Authorized CouniliwsignaWm
Stewart Title Company
18000 International Blvd, Suite 500
SeaTac, WA 98188
Agent ID: 470047
Guarantee
Serial No.
Stews-wt
title guaranty company
Matt Morris
President and CEO
VILt cj"%r
9S
Denise C rraux
Secretary
G-6329-000003383
In writing this company please address it at P.O. Box 2029, Houston, Texas 77252, and refer to the printed Serial Number.
RECEIVED
FEB 2 5 Z015
COY OF FEDERAL- WAY
CIS
WA Subdivision Guarantee
SUBDIVISION GUARANTEE
Order Number: 01148-39009
Effective Date: January 05, 2015 at 8:00 am
OWNERS: Montevista Partners LLC, a Washington Limited Liability Company
LEGAL DESCRIPTION:
Parcel 1:
Prepared by:
Stewart Title Company
18000 International Blvd, Suite 500
SeaTac, WA 98188
Guarantee No.: G-6329-000003383
Premium: $300.00
Sales Tax: $28.50
Total: $328.50
The West 290 feet of the Northwest quarter of the Southeast quarter of the Southeast quarter of Section 30, Township 21
North, Range 4 East, W.M., in King County, Washington,
Except the South 30 feet thereof.
Parcel 2: N t' j lsl�- SE -
The South 30 feet of the West 620 feet of the Northwest quarter of the Southeast quarter of the Southeast quarter of
Section 30, Township 21 North, Range 4 East, W.M., in King County, Washington 3(0r'4'1 St
SUBJECT TO:
1. 2015 Property Taxes became a Lien January 1, 2015. They are not yet ascertainable or payable until February 15,
2015.
Levy Code: 1205
Tax Account No.: 302104-9069-04
Land: $165,000.00
Improvements: $ 100.00
Affects: Parcel 1
Note: Taxes and Charges for 2014 were paid in full in the amount of $2,419.99.
Note: King County Treasurer, 500 4th Avenue, 6th Floor Admin. Bldg., Seattle, WA 98104 (206) 296-7300
Web Address: http://webapp.metrokc.gov/kctaxinfo/.
Page 1 of 4 STEWART TITLE
GUARANTY COMPANY
WA Subdivision Guarantee
2015 Property Taxes became a Lien January 1, 2015. They are not yet ascertainable or payable until February 15,
2015.
Levy Code:
1205
Tax Account No.:
302104-9114-09
Land:
$1,000.00
Improvements:
$0.00
Affects:
Parcel 2
Note: Taxes and Charges for 2014 were paid in full in the amount of $17.85.
Note: King County Treasurer, 500 4th Avenue, 6th Floor Admin. Bldg., Seattle, WA 98104 (206) 296-7300
Web Address: http://webapp.metrokc.gov/kctaxinfo/.
3. Liability for supplemental assessments for improvements not presently carried or being taxed on the general tax
rolls.
4. Liability for sewer treatment capacity charges that may be assessed but not disclosed in the public records.
Please contact the King County Capacity Charge Department for further information at 206-296-1450.
5. Easement and the terms and conditions thereof:
Disclosed by instrument recorded: May 22, 1953
Recording No.: 434774[?
Purpose: roadway and utility
Affects: the West 290 feet of Parcel 2
6. Easement and the terms and conditions thereof:
Grantee: Puget Sound Power and Light Company, a Washington corporation
Purpose: electric transmission and/or distribution system
Affects: Parcel 2
Recorded: June 25, 1953
Recording No.: 4357239 ,/
7. Easement and the terms and conditions thereof:
Disclosed by instrument recorded: September 2, 1954
Recording No.: 4482209 V
Purpose: road and utility
Affects: the West 290 feet of Parcel 2
8. Easement and the terms and conditions thereof:
Purpose: road and utility
Affects: East 30 feet of Parcel 1
Recorded: May 25, 1955
Recording No.: 4576965
9. Easement and the terms and conditions thereof:
Disclosed by instrument recorded: May 26, 1955
Recording No.: 457734 V
Purpose: road and utility
Affects: East 30 feet of Parcel 1
10. Easement and the terms and conditions thereof:
Disclosed by instrument recorded: June 12, 1968
Recording No.: 6361399
Purpose: ingress, egress and utilities
Affects: Parcel 2
Page 2 of 4 STEWART TITLE
GUARANTY COMPANY
WA Subdivision Guarantee
11. Easement and the terms and conditions thereof:
Grantee:
Federal Way Water and Sewer, a municipal corporation
Purpose:
water facilities
Affects:
the Northerly 15 feet of the West 290 feet of Parcel 2
Recorded:
April 6, 1994
Recording No.:
040406,1729
Cs
Page 3 of 4 STEWART TITLE
GUARANTY COMPANY
WA Subdivision Guarantee
SUBDIVISION GUARANTEE
Order Number: 01148-39009
Guarantee No.: G-6329-000003383
This Guarantee and the legal description given herein are based upon information supplied by the applicant as to the
location and identification of the premises in question, and no liability is assumed for any discrepancies resulting
therefrom. This report does not represent either a commitment to insure title, an examination of or opinion as to the
sufficiency or effect of the matters shown, or opinion as to the marketability of title to the land.
Page 4 of 4
STEWART TITLE
GUARANTY COMPANY
MONTEVISTA PARTNERS LLC
UBI Number
602775294
Category
LLC
Active/I nactive
Active
State Of I ncorporatlon
WA
WA Filing Date
10129/2007
Expiration Date
10131/2015
Inactive Date
Duration
Perpetual
Registered Agent Information
Agent Name
STEPHEN MCWILLIAMS
Address
11040 MAIN ST # 200
City BELLEVUE
State O/A
Z! P 98004
Special Address Information
Address
City
State
Zip
Goueming Persons
Title Name
Manager MCWILUANI5. STEPHEN
Address
11040 MAIN 5T
4200
BELLEVUE , WA 98004
Ncr
�te►n►art °�� �r .
o rrlar
L.-title
ORDER NO:01148-39009
This sketch is provided without charge for information. It is not intended to show all matters related to the
property including, but not limited to area, dimensions, encroachments or locations or boundaries_ It's not
a part of, nor does it modify, the commitment or 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. K Wof S F Of- SIE—
]1 .
OUR
goer
�m f Parcel z
N IC
YES:I:C6
• 7 II
q7r •
w
a
rye n�
7!]3 ly$] �IK
B DO • LAKES EIPHT
77f0 I� 717A Ci VG
s .w AM rHncrn
ncae
ST 78f7 r y
20071210000611.001
WHEN RECORDED RETURN TO:
Name: MONTEVISTA PARTNERS LLC
Address: 6715 155TH PLACE SE
BELLEVUE, WA 98006
2007i2100�0811
pAGE001 OART
NO 42.00
12/10/2007 ii:29
KING COUNTY, UW
- -x
Escrow Number: 207160052 t
Filed for Record at Request of: STEWART TITLE -"4'7 {pOpSa 3
STATUTORY WARRANTY DEED
The Grantor(s), 0AVID THOMAS HEDGES, A MARRIED MAN AS HIS SEPARATE ESTATE
and in consideration of Ten Dollars and ather good and valuable consideration in hand paid,
conveys, and warrants to MONTEVISTA PARTNERS LLC, A WASHINGTON LIMITED
LIABILITY COMPANY the rollowing described real estate, situated in the County of KING, State
of Washington:
SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, SE'/4 SE Y4
Legal Description: See Exhibit A attached hereto and made a part hereof.
E2323837
12/Se/2007 11:29
KING COUNTY, UAAX
SALE fS2Z;000.0e PAGE001 OF 001
SUBJECT TO: MATTERS OF PUBLIC RECORD AND BUYER IS AWARE OF CONDITION
OF TITLE AS PER SUPPLEMENTAL NO. 1
Assessors Property Tax Parcel/Account Number: 302104-9069-04
D : NOVEMBER 3O 2007
—
DAVIDTHO AS HEDGES
SHELLEY h1 ANDERSON
STATE OF Washington ) NOTARY PUBLIC
ss. STATE. OF WASlll GTON
COUNTY OF KING j coetIoH i xi�lRtS
croscxarcn u r..,.
I certify that I know or have satisfactory evidence that DAVID THONIAS Fi OO�is the person
who appeared before me, and said person acknowledged that he signed this instrument and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this
instrument. `)(—
Dated: DECEMBER '0, 2007
Name:z•� a
Notary Public in and'forthe State of Wa hington
My appointment expires: Ll r� a� 10
20071210000611.002
Exhibit A
LEGAL DESCRIPTION
PARCEL A:
THE WEST 290 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. -5D'TeA4-v&
EXCEPT THE SOUTH 30 FEET THEREOF.
PARCEL B:
A NOWEXCLUSIV EASEMEN FOR INGRESS AND EGRESS OVER THE SOUTH 30
FEET OF THE SOU F THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TO�ViJSHIP 21 N R H,
RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. SH r-r
Gp &r-v4j
20071210000611.003
'18000 International Blvd. South, Suite 510
StewcA-w °• a, SeaTac, WA 98188
title - commercial division 206-770-8700 ♦ 888-896-1443
Title Officer: Robert B. Jackson Phone: 206-770-8860 E-mail: gackson@stewart.com
Fax: 206-802-9344
Title Officer: Don Peters Phone: 206-770-8858 E-mail: dpeters@stewart.com
Fax: 206-802-9343
Your Reference: HEDGESIMONTIVISTA PARTNERS Order Number: 207160052
To: STEWART TITLE/SEATTLE
1420 5TH AVENUE, SUITE 500
SEATTLE, WA 98101
ATTENTION: SHELLEY ANDERSON
SUPPLEMENTAL NO. 1
The following information affects the title to the property covered by our report, but is not intended
to represent a complete report to date:
THE VESTING IN THE FORTH COMING POLICY WILL READ AS FOLLWS;
HOWARD JOHNSON AND MARJORIE S. JOHNSON, HUSBAND AND WIFE, AS TO THE EAST 30
FEET OF PARCEL A AND IN MONTEVISTA PARTNERS LLC, AND/OR ASSIGNS, A WASHINGTON
LIMITED LIABILITY COMPANY, AS TO THE REMAINDER.
DATED: NOVEMBER 28, 2007 AT 8:00 A.M./SJ
Don Peters
Page 1 Order Number: 207160052
20071207000729.001
WHEN RECORDED RETURN TO:
Name: MONTEVISTA PARTNERS, LLC
Address: 11040 WUN STREET, Suite 20(
BELLEVUE, WA 98004
E2323581
L2�0718007 :tile
KING COUNTY. LFA 0. 40
SALE 53,50.00 PAGE001 OF 001
Escrow Number: 207160053
Filed for Record at Request of: STEWART TITLE c 7 I{p0o52�0
STATUTORY WARRANTY DEED
The Grantor{s), MARY KAY BARRY, ALSO APPEARING OF RECORD AS MARY KAY
HEDGES, AND MARY K. HEDGES BARRY, A SINGLE WOMAN for and in consideration of
Ten Dollars and other good and valuable consideration in hand paid, conveys, and warrants
to MONTEVISTA PARTNERS LLC, A WASHINGTON LIMITED LIABILITY COMPANY the
following described real estate, situated in the County of KING, State of Washington:
30, TOWNSHIP 21, RANGE EAST, W.M„ IN KING COUNTY, WASHINGTON. SW %AND
SE1KOFSE%
Legal Description: See Exhibit A attached hereto and made a part hereof_
SUBJECT TO: MATTERS OF RECORD
Assessor's Property Tax Parcel/Account Number: 302104-9066-07, 302104-9114-09
Dated: DECEMBER 6, 2007
h? e-
1NAF�Y Y RY, 8Y tD T. HEDGES
NE �O 1'�FN�
SHE��EY M ANDERSON
State of WASHINGTON NOTARY PUSUC
,}�T STAIL OFI&SHMGTON
County of i CCMM�55
SEPrct,:P.cR 25.200�
On this (S day of DECEMBER, 2007. before AVID T, HEDGES
to me known to he the individual described in and who executed the foregoing instrument as
Attorney in Fact for MARY K. HEDGES BARRY and acknowledged that he signed and sealed
the same as his free and voluntary act and deed as Attemey in Fact for said principal for the
uses and purposes therein mentioned, and on oath stated that the Power of Attomey
authorizing the execution of this instrument has not been revoked and that the said principal is
now living and is not incompetent.
Given under my hand and official seal the day and year last above written.
r�
Notary Public in and fwtate of w
Residing at:—Q �
My appointment expires:
20071207000729.002
Exhibit A
LEGAL DESCRIPTION
PARCEL A:
THE SOUTH 30 FEET OF THE NqO j�QUARTER OF THE SOUTHWEST QUARTER
OF THE SAUT!-EEAST QUARTER OF SECTION 30. TOWNSHIP 21, RANGE 4 EAST, W.I .,
IN KING COUNTY,WASHINGTON. ,, +o v �
EXCEPT COUNTY ROAD. rip
PARCEL B: 1
THE SOUTH 30 FEET OF THE WEST 620 FEET OF THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF THE SOUT S QUARTER{ QF SECTtON 30,
TOWNSHIP 21, RANGE 4 EAST, W.M., N Kff NG—COUNTY, WASHINGTON. 3�"� �
4 4
u
yam ) 434T540
Arty 18-53 ID MaY 3$IW■40 42.20 �2.00 atz
icr333� v� Be�� hwf
tod ceG- Ward,Yu f
The,, E 330 ft 4r the W 2620 ft " the , of � of the x
the 3
of ser. 30 -21-4 evu-, ieat W �t � �a � r
ate t5v an
'ft-far rpadv�s � �ilitT aaK"s
tbe 3 30 ft of tim 3 of of SWJI of 3S* Of sac 30-21-4
3g, *TOP tbG 3 ft the W2yL7 Ft of of
of t4 aea KohNMfioi&l e&gfimut is for roadway
and
utii1ty pLwposes &ad is A"urt*wmt to the abv des a treat,
of farad.
=n ox
al to ma'Invat "d IS & iN Aaatm city
fly PSTICo
aft
CvCnon
r' C'. t"'kgn. - �•t f
a
KR TS y F
:fL C=pc-r & Reper ritors 600 Atwora Ave
k
iTl= 25*va
Jun 2a 73 A - Ear N . ljuka
j Hed- eg .,�j f-A3�es. .filth`
3f �I�fi` y ■ Li '3 Ut r.0r�s'-Q $ Maas Carp
w.v'u.Cv 76
_ �a-
aN
l( T *'a. f 4- s t: .` Of thp- :SW ofF�IytII W.
j et -f t� rj'�k- of the 3 �1. the � ` - a�`
I -; �z a �� srx dly da r�e^t Lion Cross a :: f a�r� � n �.#t�
deg tr as �jane as pra-c:icabie to the in
--,Mtgce Para st tc'ker.__
xcn a�C
f
rr b
. D 5*�t- 2R� (tag 1 12544�9
M_ig 116-5� 4.'40'irtx�a�. #s arc �. ���
ffoumrd aTchns n and Itr$oria 3 lohnson, imm & ief
to Joseph X &Ahbiz a -ad Fmn-c on D h ,bof
.a & '4
Thm v 26a ft of 9 330 ft of Vi of SO or mr Sic - ti
t t" 14 30 ft thof TV a con--,exalusivc Use for road
and U-'t-i.3-ity prys over tila z 30 f0, Of nj 'af ayi Of S3i
gA IQ, MCC as=ty ands, " ever the S Pt of W zx
rt Ge Wdi of Mi of as* ad Sec 3.3; C4 an Wn-azalumlge
eaze f9r road- and u$ils:ty arya 0-ver th* W 30 ft of W 290
tt mf swi as s3k o6 SO ed =ca 30 am-9 Ovsx tbt E 30 ft. !Lf
300 ft 04,- F R30 rt of 1 290 ft of � 0 53i .2r aj 4 •ter
30 Sit KCW
Sub to 5ft WA by K*mard Johason and urjvria 3 Johns=, -
�� & o Pacific First Ped Sav & n mn dtd T.tY ; ri 3
filsd ffaY 29-53 'fi2a Xo. 4349420 and r2c pro? .3083 mtSa, Ps 334
kou Wch aV g ,g anti €e assumes and agree to pay
Siz ak
Herd J�W%naon bef JchM ri aZ-dt �p fOr SpGbm?Ze CO. NO
co Qf Weber, Ut", An 17--54 by mar jorie 5 lobnoon 'De;
"maa K Davis UP for Utah, I NS July 29-57
ezmve- e% =h 2,&-- _- -� :25t ._G:.s 1 'r f1: J.I- ,-spy _.
RD & MLITY ?ASFMT MIY
Apr 15-55 for val cons.,,
E LemoIn White and Merle E White hwt.,
to- Howard Johnson and Marjorie S Johnson. hwf.,
& W B Burtt. ,
fp Grant to the sp the no -;exclusive easo mt for rd and atilt
pupr over and acr^3s the fu1 deco ppty.,
The S 34 ftof the IF � c -he NSjl of eSc: of 30-21-$
ewm EX^ the co rd . ,
The E �O ft of+]IeW 290 ft of the N 330 ft of theSWJ
of the :�E� of the SEA of 3:-2i-4 ewm ESC the N 30 ft throe
The L 3v ftof the W 290 ft of the% STkk of the SE-1 of
SEI�Ag-�mf of 30-21-4 ewri EXL tieff 330 ft throf.,
The E 30 i'tof -V 90 f t of the NWZ' of tke SEJ of
--theSEj- of _3-0-2-1-=4_EK(,'-.-. the.--L3-0--f.t- throf...,
the 3 .N 30 ft of the E 3G ft of the W290 ft of to
SW:, of the SL# cf the SEI 30-21-4 ewm
LCN CJK U'ik
€ml to K A Bell Olt Natl Bk Bldg SPokane Wh) Hi PSTIco
-tip 3g�
5-55.r ,to uvc (No staivps) (Non tac�I' 3i8'i
+t.W400 and Verie S_ Whit*, hw,
=s��` 7 _ =•; , M Jchnaonapdftr; orie 3 J'6boa6a,i�r,-
1.,30 tt of t e}2 W ft at t he N 330 Pt orthe ;' of .
:. `'.:f•a e B of. -the SZj of Rc 30, Up 21N,R 4 890 A except it 30
S 3o !t gat the W 290 Pt of tt of t* Mi oftriImt
30, 'tap 213N,R 4 Z.W.M except H 30 ft tt�erear; �::.
. ;:."��:• S 34 ft of the 29�7 ft of tha Nw -ph* 33 Of tte
.: Sew 34, tnp 2iDi,R E,x.megt SY m tt the ..
of
S 30 t of the X 32�7 ft of the of the 35•
t1meS31 of S-0 30, tnp 21M,R 4 S.W.M e�tcep't4-5 30 ft theot . .
Reserving to fp and their assi.Zns a wexclu-sive ■smt
for rd and utility purposes averand accross all of abv des
ptY
N 30 ft d the S,430 ft o; W 290 ft a f the SWJ of the 3S
of 2s the SR L of 3 c 30, trip 21M, ,R 4 S.W.M but
"■trv1%S to fp and their asasi3ns a nQn#X*2Us Lve A=ti
k ,;''tar rd aad u'.tIlitp purposes averand scross ad pty
3 L k _\
i
Fled far Record at Request of
x
1
cII Ctand$ta
-------- ------ ------- ------------------
Quit �1 Quaim Deed
TH& &I er}C1}; S, Glen B. Fairbanks and Karim FaUbanks, his raise,
Uer E. S a lac H trier S. Schulz, his wife, Harry A. Snochs, Jr., and
r -A �On One and other valnabl.e considerations
conveys ana quit c367ms to Kary Ray Hedges, a widow,
the foflorirsg denuded Kai ww ,� swazod in the CO=ly OF Xing Storeof'Wwhingos.
tugoba uiill A aPtcr acquired tithe of sho 8rantnris} dunrem_
The South 30 feat of the Vest 620 feet of the NorthweSt -t of
the southeast 3_r of the Southeast t ,)f Section 39, T=-t-_hip 21
North, Range 4 Bast +W.M.;
Situate in the County of King, State of Washington.
VE GRANWRS reserve a don -exclusive easment for ingress,
egress, and utUittes for the benefit of present and future
owners for the benefit of the following desc►sibed property;
The Southeast k of the .30uCheast -% of Section 30, Township 21
rforth, Raarge t- East W.M. a i
%XCEFT the West 290 feat Of the Southeest r. of the Southeast
of the Southeast i4 of said Section 30;
AND EXCEPT the follow=na described tract:
The West 620 feet of the Northwest k of the Southeast w of
the Southeast � of said Section 30,
Situate is the County of king, state of Washington. _
Dazed .his 6tik. deg of ram'
STATE OF OG'M-M!
CMMtY
of
Sthis day pc^reaallp s cared before me Glean D. Fairbanks, Yltrian Fairbanks,
$agar $, Soieul s, Hurriat S. 3ckn3�,
Ft I[, rp'■ rT r asaazOrt�ch.
In mi• l,�nnn "� he tFr. Sndiu3Ausl ��ire"r� in a M o rx2 f srit anri "lnF ii.lsvrrrnL cas3
signed the dins a- tkeir fror and vAiinury art and deed. for the
entioned.
end ificlal sral thin 6t1t, any of JvilR lrJ6�
Y�assc aEr
ir_ is Oral iar th. sm4 rsj TFilsAiRgtoa_
- Mg ME
it Iki T i I0f;9 _ 0 A I V3€sa4 s-i:. '!•II i
a
M
EASEMENT FOR VAT= PACII IXWZ S
THIS AA E MMM by and between Federal Way Water and Sewer, a
municipal corporation of King County, Washington, hereinafter termed
"Grantee" and Kary Kay Hedges narEx and
hereinafter terms "Grantor-.
WITIQESSLTH:
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;
An easement and right-of-way for water facilities and all appur-
tenances related thereto, through, over and across the following de-
scribed real property:
1'he Northcrly 15 feet of the following dtst-bed parcels of land situated in
Section 30, Township 21 North. Range 4 Fast, W.M., icing County, Washington:
CD The South 30 feet of the South 1/2 of the ME 114 of the SW 1/4 of the SE 1/4,
C Less County Roads and the South 30 feet of the West 290 fret of the NW 1/4 of
t1" the SE 114 of the SE 1/4.Tr
�—
O
As further consideration for the grant of the easement rights herein, Grantee agues that
the parcel of property over which the czsement is situate, as described above, together with
Parcel No. 3021G4-9059 (desCribcd as the West 290 feet of the NW 1/4 of the SE 1/4 of the SE
114, less the South 30 feet of Section 30. Township 21 North. Range 4 East, W.M., King County,
Washington). sha11 be exempt from the payment of Frontage Charges (commonly refered to as
chatgcs in -lieu -of assessment) for the proposed water facilities and all appurtenances as noted
herein [❑ the Grantee for water facilities which directly benefit such properties as are mumntly
being installed.
Grantee and its agents, designees or assigns shall have the
right, without prior institution of any suit: or proceeding at law and S
without prior notice to Grantor, at such time as Grantee deems neces-
sary, to enter upon said property, by foot or vehicle, for the in-
stallation, repair, reconstruction or maintenance of water facilities 6
and appurtenances without incurring any legal obligation or liability
therefore, provided that such shall be accomplished in a manner that W
existing private improvements shall not he disturbed or destroyed or op
in the event that they ase disturbed or destroyed, they will be re-
placed or repaired. as nearly as is practicable, to as good a condi-
tion as they were immediately before the property was entered upon by
the Grantee.
RECEIVED
.: EXCISE TAX NOT RECAMM
tttnp cm Ames Qwmban DEC Q 9 1993
F :JELiAL MtlIY
WATER a SPl�ii
z
ER
i=.
I
0
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 Peet 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 accoeRplished 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, desig-
nees or assigns. the use of such additional area immediately adjacent
to said easement area as shall be required for the construction, re-
construction, maintenance and operation of said water service fa-
c1lities. The use of such additional area shall be held to a reason-
able minimum and be returned to the condition existing immediately
before the prflperty 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.
DATEr? this r7 W day of .. IsC? ;?
t0
O
STATE OF NASHINGTCW
County of Ring ]
Sy _71.-Th �9:
By
if hat I know or have satisfactory evidence that
and signed this
snst n acirr+ w r 4e it to be their free and voluntary act for
the es pur s Tpen'ioned in the instrument.
DA
expires
� �to
1
12-2-11980-5, KNT
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Ex Parte — Via the Clerk
TILED
55 = COUNTY,, WASHIN'GT OP
IGNC P
JUN 1 3 2012
Df PARTMENT OF
jU01C1A1-ADM1NfSTWIO'y'
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
MONTEVISTA PARTNERS LLC, a
Washington limited liability company
Plaintiff,
V.
HOWARD E. JOHNSON and MARJORIE
S. JOHNSON, husband and wife and the
UNKNOWN HEIRS SUCCESSORS AND
ASSIGNS OF HOWARD E. JOHNSON
AND MARJORIE S. JOHNSON
Defendants.
NO. 12-2-11980-5 KNT
[PROPOSED] FINDINGS OF FACT,
CONCLUSIONS OF LAW AND
ORDER OF DEFAULT AND
ORDER QUIETING TITLE
AGAINST CLAIMS OF ALL
DEFENDANTS
FINDINGS OF FACT
This matter came before the Court on Plaintiff's Motion for an Order of Default
against Defendants HOWARD E. JOHNSON and MARJORIE S. JOHNSON, husband
and wife and the UNKNOWN HEIRS SUCCESSORS AND ASSIGNS OF HOWARD
E. JOHNSON AND MARJORIE S. JOHNSON, and an Order quieting title of the
subject real property against any claims of the aforementioned Defendants.
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND ORDER OF DEFAULT AND 49aP,h I e (306j'-57-9900 rs & C res s m an PULC
ORDER QUIETING TITLE AGAINST' 999THIRDAVENUE,SURE3900
CLAIMS OF ALL DEFENDANTS — P. 1 of (saute. �vHrDN 9e loa-J083
F='c (206)-S?-990?
3
124127.1/100837.2
12-2-11980-5, KNT
1 ' The Court has jurisdiction to hear this matter and to enter relief requested The
2 Court has jurisdiction pursuant to RCW 2.08.010 and RCW Chapter 7.28. Venue is
3 proper in King County because the real property that is the subject of this action is in
4 King County.
5 In connection with the Motion, the Court reviewed the Proof of Service
6 submitted to the Court showing that service on all defendants was authorized by the
7 Court and properly published in accordance with RCW 4.26.110. The Court further
8 finds that 60 days have passed and no Defendant has appeared or answered the
9 Complaint.
10 CONCLUSION OF LAW
11 All Defendants were properly served in accordance with RCW 4.28.100 and
12 4.28.110 and RCW 4.28.140. Pursuant to the statute, the Defendant was required to
13 appear and answer with in 60 days. Failing to appear or answer all Defendants are in
14 default and Plaintiff is entitled to the relief as requested in the Complaint.
15 In addition, Plaintiff has provided declarations sufficient to establish its rights
16 to have title quieted in its name pursuant to both RCW 7.28.070 and RCW 7.28.010.
17 ORDER OF DEFAULT AND QUIET TITLE
18 IT IS HEREBY ORDERED AND DECREED that Defendants HOWARD E.
19 JOHNSON and MARJORIE S. JOHNSON, husband and wife and the UNKNOWN
20 HEIRS SUCCESSORS AND ASSIGNS OF HOWARD E. JOHNSON AND
21 MARJORIE S. JOHNSON are in default. Based on the Order of Default, the relief
22 requested in the Complaint is appropriate.
23
24
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND ORDER OF DEFAULT AND CAh1ers&CrE)SSmanPLLC
ORDER QUIETING TITLE AGAINST 9997HIM AVENUE, SUFM 3SDD
CLAIMS OF ALL DEFENDANTS — P. 2 of (EAR.90 Fmx: T106) 29-9902L4
(20 +n'-8i-9900 Fa<: (�0�'_3?-99D2
�I 3
124127.1/100837.2
' 12-2-11980-5, KNT
1 IT IS FURTHER ORDERED that based on the relief requested in the
2 Complaint, title to the following parcels of real property in King County, Washington
3 are forever quieted in the name of Plaintiff Montevista Partners LLC against any claims
4 of Defendants HOWARD E. JOHNSON and MARJORIE S. JOHNSON, husband and
$ wife and the UNKNOWN HEIRS SUCCESSORS AND ASSIGNS OF HOWARD E.
6 JOHNSON AND MARJORIE S. JOHNSON or any person claiming through the
7 Defendants:
8 THE WEST 290 FEET OF THE NORTHWEST QUARTER OF THE .
SOUTHEAST QUARTER OF T AST QUARTER OF
9 SEG ON 0 TOWNSHIP 21 NORTH, NGE 4 EAST, W.M- IN
10
KING COUNTY, WASHINGTON 342a-&- 12U-F vr&f f Id—
11 Tax Parcel I.D. 302104-9069
DONE IN OPEN COURT thin day June, 12.
12 `
13
14 Judge Commissioner
15
16 Presented by:
17 AHLERS & CRESSMAN PLLC
18
19 Lawrence S. Glosser, WSBA #25098
20 Lindsay Taft WSBA ##43012
Attorney for Plaintiff Montevista Partners LLC
21
22
23
24
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND ORDER OF DEFAULT AND 44 CAN rs &Cressmanp�c
ORDER QUIETING TITLE AGAINST .m THIRD y��N= 1�6Am
CLAIMS OF ALL DEFENDANTS — P. 3 of C100 is?•9900 oA _s?-9PM
3
124127.1/100837.2
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
MONTEVISTA PARTNERS LLC, a
Washington limited liability company
Plaintiff,
V.
HOWARD E. JOHNSON and
MARJORIE S. JOHNSON, husband and
wife and the UNKNOWN HEIRS
SUCCESSORS AND ASSIGNS OF
HOWARD E. JOHNSON AND
MARJORIE S. JOHNSON
Defendants.
NO. 12-2-11980-5 KNT
DECLARATION OF STEPHEN
MCWILLIAMS IN SUPPORT OF
MOTION OF DEFAULT AND
ENTRY OF ORDER QUIETING
TITLE IN PLAINTIFF'S NAME
Stephen Mc Williams states and declares as follows:
1. I am over 18 years of age, a resident of Washington State and am
competent to testify to the matters stated herein based on my personal knowledge. I
am the manager for Montevista Partners, LLC ("Montevista") the Plaintiff in this
case.
DECLARATION OF STEPHEN
MCWILLIAMS IN SUPPORT OF MOTION Ah1ars &Cress mane«
OF DEFAULT AND ENTRY OF ORDER 9.0-T MI)ANEvcm.SUFM300
QUIETING TITLE IN PLAINTIFF'S NAME searcc- )(A F. (106KIN �s -9902
i_x, �s-sTxn Fay: (_OG) n'-9'x1'-
- P. 1 of 3
124114.1/100837.2
1 2. This is an action to Quiet Title to real property located in King
2 County, Washington. The matter arises from a cloud on the Plaintiff's title arising
3 from what appears to be a reservation of a 30 foot wide portion of the land in a
4 conveyance deed from May 18, 1953.
5 3. On December 10, 2007, David Thomas Hedges conveyed the
6 Property to Montevista by Statutory Warranty Deed recorded in King County under
7 Recording No. 20071210000611. The deed conveyed the following real property:
8
THE WEST 290 FEET OF THE NORTHWEST QUARTER OF
9 THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 30 TOWNSHIP 21 NORTH, RANGE
10 4 EAST, W.M. IN KING COUNTY, WASHINGTON
11
4. However, Stewart Title Company indicated ownership in the East 30
12
Feet of the Parcel remained vested in the name of Howard E_ Johnson and Marjorie
13
14 S. Johnson. Those were the persons who sold the property to the Hedges family in
1953.
I5
16 5. The East 30 feet have always been included as part of the deeds
17 between the members of the Hedges family. There has never been any separate tax
18 account for the east 30 Feet, and the east 30 feet are taxed together with the
remaining portions of the property under Tax Account 302104-9069. See Exhibit
19
A.
20
6. For more than 10 years Montevista and its predecessors in interest
21
have exclusively occupied all of the Property including all of the east 30 feet of the
22
Property.
23
24
DECLARATION OF STEPHEN
MCWILLIAMS IN SUPPORT OF MOTION CAhrs & C ress m an Luc
OF DEFAULT AND ENTRY OF ORDER 999 THIRD AWNLE. SOME 33no
QUIETING TITLE IN PLAINTIFF'S NAME SE.;TI1.E.1i'a.'HINGTf
— P. 2 of 3 (705)287 9900 F , ('96)
124114.1/100837.2
1 7. For more than 7 years Montevista and its predecessors have paid all
2 of the taxes for Assessor's Parcel No. 302104-9069 which includes the east 30 feet
3 of the Property.
4. 8. For a period of at least 10 years, and probably since 1953, neither
5 Howard E. Johnson, Marjorie S. Johnson nor any persons claiming through them
6 have asserted claims to the east 30 feet of the Property.
7 1 certify, subject to the penalties for perjury in Washington State, the
8 foregoing is true and correct.
9 Signed on June 15, 2012 at Bellevue, Washington. `
10 Z . �r �'��+.I 1,___—
11 to en McWilliams
12
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DECLARATION OF STEPHEN
MCWILLIAMS IN SUPPORT OF MOTION Ah le rs &Cress man
y
OF DEFAULT AND ENTRY OF ORDER W.( THIRD AVENUE. SUM 3,W
QUIETING TITLE IN PLAINTIFF'S NAME SEAMS. WASHINUMN 9,q 104401i*
(2061 (208)2S`->-102
— P. 3 of 3
124114.1/100837.2
Print Map Page
Page 1 of 1
EXHIBIT A
Parcel Map and Data
6s9R4otlo2o
�59R9UU0?0 859440003U 859R9UU05U
854R9UUUfi0
Sd! 133Re3 Pt
859•T90906U
302?Ui9030 30270•S4!113
8594990?7il C44.590.7!18U
839•i9J009U 859fi900010
� ��2i048dG5�
3U21DR4771 ��
a
j021UR9151 7734690220
7�139600270
30270i9U59
3U27-0R91T3 17396U026U
11396UU23tl
3017049172 Federal wa� 3n27049152
11996U079U
11396a0rRo
302104069 ,
d �U2,a44753 1139GOU250 � 7739600780
a
3U21019052 QQ
17396UO2G0 �1 71396CN77•TO
30210R97 SR J0210fi9088 1739600170
3021L49755 7139600270
3U21!i•T4tl68 1199600160
1739600280
3021049066 SW ITN ST
3�1p•f911R
113960031U
5707800070
302!9,T9087 7 7i:i4G0U290
urj 5707800080 1139600300
3021n.1901t7
,a 5'YU78002•!0
3021049972 ` 5707800070 5707800090
3021019085 WIW860020 570780OW
(C) 2010 King Gount/ 57078U0160 Gaww 66TT
Parcel Number 3021049069
Site Address 320 SW 366TH ST
Zip code 98023
Taxpayer MONTEVISTA PARTNERS LLC
The information included on this map has been compiled by King County staff from a
variety of sources and is subject to change without notice. King County makes no
representations or warranties, express or implied, as to accuracy, completeness,
timeliness, or rights to the use of such information. King County shall not be liable for
any general, special, indirect, incidental, or consequential damages including, but
not limited to, lost revenues or lost profits resulting from the use or misuse of the
information contained on this map. Any sale of this map or information on this map is
prohibited except by written permission of King County."
King County I GIS Center I News I Services I Comments I Search
By visiting this and other King County web pages,
you expressly agree to be bound by terms and conditions of the site.
The details.
http://www5.kingeounty.gov/parcelviewer/Print—Process.asp 6/15/2012
Ann Dower
From: Harry Johnson <hjohnson@mycstone.com>
Sent: Monday, April 06, 2015 6:51 PM
To: Ann Dower
Subject: Montevista 6-lot Short Plat
Follow Up Flag: Follow up
Flag Status: Flagged
Hello Ann,
My name is Harold Johnson residing at 36522 2nd Ave Sw, Federal Way, Thank you for your service to our
community.
I am concerned about the Montevista 6-lot Short Plat proposed in my neighborhood. It seems like this
plot is getting special allowances that are not consistent with other development requirements. The
proposed infrastructure such as the roads and water runoff have not been adequately addressed. Two
parallel roads on the East side of the property will significantly complicate traffic and will increase
potential for accidents It will also add to potential danger to pedestrian traffic. It would also make more
sense to have this traffic go out the west side of the property instead of bringing it down to 1st ave.
The water retention pond also will tend to draw young people from the neighboring school. It appears
their will be no or very little deterrent for access by these adventure seekers. I am also concerned that this
retention system will not adequately handle the water runoff on the East side of property.
I think that this project to be shored up more before proceeding. This project seems to not live up to
the standard of other Federal Way projects. Are we giving special treatment to this developer? Please put
this on hold until these issues are resolved.
Harry Johnson / Cornerstone Financial Services
425-256-3105. Office. 253.208.8718 Cell. 206.407.2779 Fax.
17422 108th Ave SE #200, Renton WA 98055
http: (/www.mvcstone.com h�ohnson@mycstone.com
W04 Web date: 11100/2012
King County
Department of Permitting
and Environmental Review
35030 SE Douglas Street, Suite 210
Sncqualmie, WA 98065-9266
206-296-6600 TfY Relay: 711
www.kingcounty.gov
Water Availability
King County Certificate of
Water Availability
N£�
For alternate formats, call 206-296-6600-
This certificate provides the Public Health - Seattle & King County Department and the Department of
Permitting and Environmental Review with information necessary to evaluate development proposals.
Do notwrite in this box
Dumber-
❑ Building Permit ❑ Preliminary Plat or PUD
%short Subdivision ❑ Rezone or other:
Applicant's name
Proposed use:
Location (attach map and legal description if necessary):
��r� �t� 3 coCo-ram sT 1v,J a�iia� R nr,�1
1. ❑ a. Vvatei can be provided by service connection only to an existing
feet from the site.
fI � I
2 0
El
3. X
El
4. X
OR
(size) water main that is
Water service will require an improvement to the water system of.
feet of water main to reach the site; andOP
(2) The construction of a distribution system on the site; and/or
(3) ether (describe): yp R - $tp�u C=XT-&9-,0 7Z FARGP-
a. The water system is in conformance with a County approved water comprehensive plan -
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.
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 00:5'1M _ feet from the building/property (or as marked on the attached map):
Rath oFflow at Peak Demand: ❑ less than 500 gpm (apprax. gpm) ❑ 600 to 999 gpm XI 000 gpm or more
❑ flow test of g8struclures
❑ calculation of gpm
❑
❑uraflon: less than t hour ❑ 1 hour to 2 houn 2 hours a more Other.
(Mote: Commercial bullding permits rrihich Include mulllfam require flrnr test or a3fCulation.}
OR
❑ b. Water system is not capable of providing fire flow.
5. X a. Water system has certificates of water rights or water right claims sufficient to provide service.
OR
❑ b. Water system does not currently have necessary water rights or water right claims..
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 5Rl N laUV-
Agency name Signa ry me
Title Igl7 ature Date
g � ighest- ------ - - � {, - -Min. -- �-- - fl
In_ Pressure Zone; HLowest Max.
of Property ��� ; Est. Max Pressure psi
The District, at its sole discretion, reserves the right to delay or deny water service based upon
I capacity limitations in District and Other Purveyor facilities.
- - - - t
WaterAvailabilityFORK&doc b-cert-water.pdf W04 11/09/2012 Page 1 of 1
#ILITy
NOTE: Lakehaven Utility Distric
neither warrants nor guarantees
the accuracy of any facility
information provided. Facility
ilocations and conditions are
t3�a'R :subject to field verification.
Certificate of Water Availability
Parcel No. 3021049069
100 200
Feet
11/18/2014 BIA
CROSS SECTION TYPE S
2 LANES
+ PARKING
>ti
�J• _ '• 8" 7'J' 10' 8' 6'�
� PakEi9 PaRutg
-�xmz
PROPOSED 12" STORM J 1
EX. 12" WATERMAIN J
60'
S.W 366TH STREET
k'ALi- STREET IMPROVEMENT
MONTEVIS i A. SHORT PLAT
SE 114 OF SE 114 OF SECTION 30, T. 21 N., R. 04 E., W.M.
CITY OF FEDERAL WAY, STATE OF WASHINGTON
CROSS SECTION' TYPE V
2 LANES
+ DITCH
3. S 6. r
JPR
ED8"RMAIN
24'
56
S.W 365TH STREET
PIT STA - 24+76.81
PV1 E1EY - 357.13
AD. _ -174
K = 4.01
15 w
360 ----.-------
PN STA = 20+1250 LOW POINT ELEV = 338.J2
PN 3EV = 34512 LOW POINT STA - 2J-00; r'-
A.D. = 100 PE STA - 23+37 J8
K = 25.00 PN aEV - 33567 - ri �' =a'•' • y,
F .. _ _• -O i %0T~ PW STA = 21+75 K = 881 4r,
PN aEV = 34349 sv00�; aD. _ 50A • � li . .a��-. 1 w rm}E Ldo[VE '•.LIY.r.� . "F:. R5r7 — -
xd kAC S7 - 2awD 1
err-3fsa
3,
,D - ---
! •; C': 3' A.pYfi rr
PER le
IkTA6 s-re R
to
2
7mWSTBCCKND
y 'if
I LF 8' DJ. CL-52
z&z+ 7¢ SL77 A7
20+00 21+00 22+00 23 00 24i
3rd PLACES. W. & SW 365th STREET
SCALE 1-=40'H; 5V
CROSS SECTION TYPE X
2 LANES
+ DITCH
3. 5• 1 a. 6' g. — 3.
;17 Ditch Ditch vE vIi.
t`P E PROPOSED 8" {
5tr'
WATERIWOUN
20'
52'
3RD PLACE S.W
P'A SrA = 30.44.72
PVi ELEV = 336.81
A.D. _ -IS00
K = 1.92
L'S' r
PE SrA = 31+4"i41
PN FLEV =' 32170
B$=AA - 100
'.gM1{ 25' VC
n
L1
Am-...
JI0! -----"---I ------ -" - !
{
Olf0'rf 3Td7-
800.00
X
30+00 31+00 32+00
20' ACCESS EASEMENT
SCALE: 1"=40'H; 5'V
LAKEHAVEN UTILITY DISTRICT
After Plan i] Sewer Plan
Dated — [6
APPROVED FOR CONSTRUCTION
S Tn CHAN.SESNOTe-D
my mstrRr'a .a.rar a m,�,vetla� ar a,r armma'wv
rxrcw .w.r. a >r Fant x me rr.x ¢r:�z
a f}.9r+� kam rr�e+rnvjr fT aln+ pry +W t# -,•.[l1r s�-'�
Cr� le W p'o'i Errq)i :r'M My Lde1": Oi'J.i r6i 1lli•
€ilp/AIeHgT n:x ue! gsr Dale
A—
A, d h*ll, gmrrm-J of this c 6,, p1m w91 r k,. on^ l
{!) 1b• W M4 6fY el p'n gpmd 11 esrTxCr �--! nct
a.Ym.lc.e sr •� ee:r, � rn f:] 1.as wm Orr sl. or
NOTE.
THIS PPaEOT SHALL BE IN ACC=ANLE VIM LAIONAVS7 UHLry
OISIPoCT 'WAM? SME11 AND SEER SYSIEL STANWABS' AP NM 8T
RrE WA9 0CM STATE DEPARDNNT OF MALIN ON ARE A 1994 AND
ANY ADDQAA ROOM
9
8 �
5
Know what's below.
Call before you dig.
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ors p
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y z,
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JOB No, L3di5
DATE 061WI46
SCALP 1'-fA'
FewaArPP F"
YlkAVM vp
CNECLED RA/
APPROMe]V P-W
BHEPT W 1.1
MONTEVISTA SHORT PLAT
SE 114 OF SE 114 OF SECTION 30, T. 21 N., R. 04 E., W.M.
CITY OF FEDERAL WAY, STATE OF WASHINGTON
TAX LOT 302104-9030
FJERAL WAY SCHOOL OISFICT
TAX LOT 859490-0060 NO. 00
TAX LOT 859490-0070 •` I • lyR1 .AQ o •+ 1 L ' Y�'t-� - �yi
It
On
Toocc
a :x ,F M
r7k �J '\ ••'�';.KF:. �l'WLA17 q;:O4.RTH
---. '�j ,_ •;fit•. �•�. � � I �~ -{ -
TAX LOT 302104-9173
e, . 2L1u SO'rr AKrJ%' '�•: - Sti =.MD r
rr T � � ua•Tr EAsvE++•
' I ,5735 Sa FT - ..I I;1 •+
-
�a2mis _ �I := I • I
rm. &ETERS
122
&W SB3TN &T.7E�T. s+zshaxi 6ix Ar lI
;.• 1 } - J.F' A73m 9 ! ,- LJ' J02':J-5=13
& Lr
f STW:2N7RlY: 5-09• R1 r 4
cAPr 96Msrecux 0 r
VET, DLnu B 2e R ! 1 7GLso PST9 '
G23i57- 9.,i• T
, _ Arm I
S—
}'. ' 1H9UbTLS001TG j S I •` I ! _
3.4
- 6' GATE MVE (raA rS.L
it tD�v - i !- E WLLFR IET� 1rP
,�- IL-• 1G AW.W FT
i
3.4 � ^�
Aum7 Ee;z;a np
51 L4TEt-
It'ff%f/} Ae r- ss4suz IRE.
�. If.�r 71fE7E�4 APAPYt?R
• 7g'x�dr' WEeT[�
7b rE-SPE3D
-. IAW Sa Fr
M PIE lfYCFAITT
jp' ACQii R � 114=W M MA H
Il'�t1Tr I `ALINE L= F A5W W LQArf/1
!G Nec AsiYr4p & adt'E LIP lE0' yAeOiIC)
4.5ma" 59
30' POWER EASf J$ I w
RED. NJ..<SSTJJ7
TS' CASF•M♦CVM
WARN a. kwie R9
TAX LOT 302104-9041
sm-m, 4.17, 5a1 nj,-
1-1:.'[r ITT'70 !4
T_ rf BAre wens C
x-Rr+Lar��
uas zysr rAx
7I.40 Ff FLt
!
I so F7ij
.
] I I
j `�
, 1M •�,
EX K1M VALIES
. liiD7 EK'!E33.LTFS _ nW
Nl-R-01T 66i>V�GII - �j '�\
f
TAX LOT M2I04-9067
NOTE:
r4SW WATER SERHCE LINE TO THE
PROPERTY WL NEED TO BE REMOVED AT 714E
MAIN (LOCATION UNKNOWN). COORDINATE WITH
LAKEHAVEN INSPECTOR.
(Rk`Y W' 19 70 NAY.7
• 07ALY Or 4F1 SLfTSMA')
PROJECT INFORMATION:
OWNER:
MCNTEWSTA PAR7NERS LLC
11040 AM STREET SURE 200
BE LEVUE, WA 98004
(last B7�UV7
wNaLca s¢+E ueW1LMA11s
EwcNEER
ENCOMPASS ENGINEERING & SIM VEYING
185 HE A/MPER STREET, SUITE 201
LS9AOVAN, WA 98027
(425) sA2-m5o
CONTAL'0 NAVE AA,LA. P.E
TAX PARC_R NUMSaE
3MO49069
CROSS SITE AREA:
i187,030 IF (4.16 AC)
NL40-R or LOTS PAWCS'
7
NUMBER OF DWELLING UNITS'
7
SMALLEST PROPOSED LOT..
IM18C IF
2ar6r0 IIESV' ,'iTAkC
'gvmr FA #xEQrilw: jR915O)
PROPOSED USE:
SNGLF FAMILY DETACHED
ALLOWED DENSITY
15,000 S.F. PER LOT (18,000 IF. FOR SEPTIC)
TRACT rt
17,951 SF.
WATER & SEVV- SERWCE
IAjCEHAVEN URUTY DISTRICT
TIDE mv-,C%N AUremff
SOUTH IONG FIRE & RESCLF
SITE DATA:
FlTONT YAR 20'
SLOE YARD: 5'
REAR YARD: 5'
NOTES:
a TMS PRO,(C: swTu. � w A[:.lT7OAir',F 1694 LAIf�AATt71 uwTr
75TIeCT 1rATER 5T'S:E11 A'Ai SETCTi 5*STEM 3TR'SND7i HIS APPAA:
8r r+i TrA9EK.RR! STAB 0EPA4i1i`r:' a EiALTN (q .19E 199<
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REC. NO. 44822D9 f L + 4.S v.,
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Call before you dig.
Steve McWilliams
308108th Ave NE #A317
Bellevue, WA 98004
March 5, 2012
James & Mary Hild
36500 P Ave SW
Federal Way, WA 98023
Dear Mr. & Mrs. Hild:
am writing to you as both a neighbor and as one of the owners of the 4.18-acre parcel which is
immediately to the west of your home in Federal Way. Our property was previously owned by the
Hedges family. (Attached to this letter is a map showing your parcel and ours.) We are preparing to go
to the city with an application to short subdivide the parcel into single family lots. But before we file our
application, we would like to resolve a gap in our title and we wanted to discuss it with you and our
other neighbors before we took any formal action.
On the eastern boundary of our property, parallel to the roadway (commonly referred to as Tract X),
there is a 30-foot strip of our property which was granted nearly 60 years ago for the benefit of Howard
and Marjorie Johnson. Our title research has determined that this strip of property has no bearing on
any adjoining parcels, including your own. In other words, except for Mr. & Mrs. Johnson, none of the
parcels that surround our property appear to have a legal claim to use this strip of land.
This 30-foot strip is not a separate and distinct parcel and its land area is part of the 4.18-acres for which
we (the current owners) and the former owners of this parcel have paid taxes for almost 60 years.
Formally, to release the exception granted to Mr. & Mrs. Johnson and ultimately to subdivide the parcel,
we will need to file a Quiet Title Action which will resolve this technicality, extinguish the gap in title,
and give us full utilization of our land. I would be happy to send you a copy of the title research that
Stewart Title completed at our request. However, I would prefer to send it to you by email as a PDF
document since it runs 41 pages.
Before we take any formal action, we want to acknowledge the possible misalignment of your shared
driveway onto our property. It is our understanding that when your home was originally built the land
surveyor working for the developer misaligned the driveway that was supposed to be contained within
Tract X. It appears that the driveway is misaligned for at least half of its length. The southern end of
the driveway closest to 3661h Street is almost fully on our property, but by the point it reaches its
northern terminus it is in its proper alignment. I've attached a drawing which illustrates the
approximate alignment of Tract X. (These facts will eventually be confirmed with a topographical survey
of our parcel.)
As far as I can tell, the four property owners along our eastern boundary, of which you are one, probably
have a good case for a "prescriptive easement" across this corner of our property. This would mean
that we could not do anything that would obstruct your ingress and egress along the current alignment
of the driveway, and please rest assured that we have no intention of interfering with this right. We
also understand, however, that the use of the driveway (and Tract X) is limited to ingress, egress, and
the occasional parked car. Accordingly, as long as your ability to ingress and egress is preserved, we are
also permitted to use our property as we choose.
With all that said, I am hoping for your cooperation in our effort to resolve the gap in title as it relates to
the 30-foot wide strip on our property by means of a Quiet Title Action. Further, we wanted to assure
you that we have no intention of interfering with your current use of the driveway (or Tract X). The
overlap of driveway simply presents a unique hurdle in quieting title to our property. Eventually, I
would like to discuss the possibility of realigning the driveway onto its proper path, but that is a subject
for another day.
I will be contacting you within a week's time to discuss any concerns you might have regarding the 30-
foot strip or our future plat application with the city. Please feel free to contact me at your
convenience, as well.
Best wishes from your neighbor,
Steve McWilliams
425-417-6162
stevemcw@comcast.net
April 6, 2015
Michael Morales, Director Attn:
Community Development Department Becky Chapin, Associate Planner
City of Federal Way Ann Dower, Public Works Sr. Eng.
33325-8th Avenue South, 2nd Floor Sarady Long, Public Works Sr. Transportation
Federal Way, Washington 98003
Re: Salter Comments: Montevista Short Plat, 4.18 acres, Northwest Corner of SW 366 h
Street and Yd Avenue SW, Tax Parcel ID #302104-9069 & 302104-9114
Director,
My wife and I (Steven 3. and Dr. Heather E. Salter) wish to express our concern over several
deficiencies associated with the proposed Montevista Short Plat, owned by Monte Vista Partners,
LLC (Monte Vista) and generally located at 320 SW 366'h Street, Federal Way, Washington.
We've outlined our concerns below and more specifically in the body of this letter. For your
reference, we've attached photographs of the existing conditions on or near SW 366th Street, 3rd
Avenue SW and 2"d Place SW.
Our concerns are as follows:
➢ Road improvements along SW 360h Street, i.e. insufficient development (asphalt road,
v concrete curb, gutter and sidewalk) of the east to west oriented Tract "X" (easement / tax
parcel currently owned by Monte Vista) that fronts the south side of the Salter parcel.
The north side of SW 366" Street needs to be completed;
➢ Neighborhood impacts and safety concerns related to increased vehicle trips along
insufficiently improved surface streets, i.e. along SW 366' Street at its intersection with
31d Avenue SW and its intersection with 2"d Place SW; — ?
➢ Road improvements along 31d Avenue SW, i.e. surface water management from runoff
and access impacts to an unimproved gravel road for storr4 water pond construction
and/or maintenance;
➢ Storm water pond design, construction and maintenance, i.e. road impacts, fencing,
vegetation buffers, heavy rain impacts and/or over flow prevention, site safety (fall
hazards and drowning), and down gradient impacts to adjacent and/or nearby properties;
➢ The designation of the proposed development's road as 3rd Avenue SW;
➢ Easement Relinquishment: 31d Avenue SW, King County Superior Court, Case No. 12-2-
11980-5, filed in April/June, 2012. We received no notice of this action and have yet to
determine the potential impacts or harm to our property.
Salter Comments: Montevista Short Plat, Master Land Use Application
April 6, 2015
1.0 Background
In 1978, the Ward family (previous owners of 36526-3`d Avenue SW) short platted what was
their almost 5 acre rectangular -shaped parcel into 4 lots. The Ward family kept the 1.95 acres
that was occupied by a single-family home constructed in 1953 and they created 3 additional
0.95 acre lots to the north. At the same time, an east to west easement was created (Tract "X")
along the west side of their properly that was assigned the street name of 3`d Avenue SW. In
accordance with the easement restrictions, the property owners along 3rd Avenue SW were
required to maintain the road.
In 1996, Salter purchased the Ward home and property and they still own the parcel. The Salter
property lies directly east of the proposed development and is generally located at the southeast
corner of Yd Avenue SW and SW 366`h Street. Topographically, our property is down gradient
of the proposed development. The area topography generally runs in an east/northeasterly
direction north of SW 366th Street.
I (Steven Salter) have been in the Development Industry and Environmental, Health and Safety
Industry for 30+ years and have owned my own consulting firm since 1988. From 1992 to 1994,
I was the first Environmental Expert on the Planning Commission for Tacoma, Washington. I
have been a licensed business owner in the City of Federal Way since 1996.
The scope of my professional work has included the inspection for and reporting on hazardous
materials and the planning and development of commercial, industrial and residential buildings
and/or tracts of land. During my career, I have worked with most of the cities and counties in
western Washington and many in eastern Washington. I am- familiar with the development
standards across the State and the standards in many of the other states throughout the West.
2.0 Deficiencies of Montevista Short Plat: Comments
2.1 Road Development Standards and Neighborhood Impacts: SW 366th Street
Southwest 366th Street is a moderate to heavily used neighborhood street that starts out as a full
street (asphalt road and concrete curbs, sidewalks and gutters) at its easterly intersect with 11t
Avenue South. As you travel west, it rises steeply to match the surrounding grade. At the
southeast corner of Tax Parcel 3021049068 (Salter parcel), SW 366`" Street narrows to a half
street. The grade levels near its intersection with 3rd Avenue SW (private road) where the paving
and concrete terminates. The street continues westerly as a gravel road and terminates at 61h
Avenue SW (paved road). The full street and half street sections were designed and developed
between the 1950s to the 1980s in conformance with the then existing King County road
standards. See: Attached Photographs.
The Tax Parcel 3021049114 that is adjacent the south side of SW 366th Street is currently owned
by Monte Vista and was designated as an easement for future road improvement on or before
1978. The tax parcel / road easement was created for'the benefit of the previous owner of the
Monte Vista property. The easement was to be improved to the King County paved road
standard at a time when the property was developed in the future. The information about the
Salter Comments: Montevista Short Plat, Master Land Use Application
April 6, 2015
easement was provided to Steven Salter by the previous owner of our property (Mrs. Ward) in
[ate 1995. The information provided by Mrs. Ward is supported by the designation of the tax
parcel as Tract "X" in our real estate documents.
The improvements proposed by Monte Vista along SW 3661h Street are inconsistent with the City
of Federal Way (City) right-of-way standards and appear to only exacerbate the substandard road
conditions that already exist. In short, the area road system is underdeveloped for the current
traffic load, a changing grade and the typical wet or wintery driving conditions. A "wedge" of
asphalt from the north side of the street to the south side of the street serves to only create an odd
driving transition at or near two (2) separate intersections. Further, there does not appear to be
any asphalt aprons or run -outs onto the existing gravel roads near the southeast corner of the
development or the unimproved section of SW 366" Street that lies west of the development
boundary. Additionally, existing traffic, parked cars, a significant grade change and the
intersections at 31d Avenue SW and 2"d Place SW already pose a myriad of hazards. Near miss
accidents (autos and pedestrian) have been regular events over the last 20 years. The Tract "X"
along the north side of SW 366' Street has been used by passing cars to avoid oncoming traffic
or in order to get around parked cars along the south side of the half street. By default, the
unimproved Tract "X" or the north side of SW 366'' Street has been used as an emergency street
for decades. Given 1" Avenue SW will be the primary route into and out of the new Montevista
Short Plat, the increased traffic counts that will result from the building of the new homes will
only serve to compound the problems associated with an already under developed road system.
Therefore, we highly recommend the pertinent departments within the City require the half street
on the north side of SW 3661' Street be improved with an asphalt drive and concrete
improvements from the southeast corner of the Tax Parcel 3021049068, over Tax Parcel
3021049114 (currently owned by the Monte Vista) and to the northwest corner of the Montevista
Short Plat.
2.2 Road Development Standards and Impacts to Neighbors: 3rd Avenue SW
The Montevista Short Plat drawings do not outline the steps that will be taken to prevent surface
water run-off onto the adjacent or down gradient properties to the east of the development site.
What design elements will be incorporated into the road plan to minimize surface water
management impacts?
The Montevista Short Plat allows for the accessing of a storm water pond located at the northeast
comer of its property but, there is no discussion of the impacts to the neighbors or neighborhood.
Also, will the developer and subsequent builders be allowed to use 31d Avenue SW to access the
site during the various phases of development / construction work? And, what provisions have
been included in the Master Land Use plans to address maintenance costs associated with the
increase in traffic from development work, storm water pond maintenance and/or increased
traffic due to the construction and/or the use of new single-family homes?
It does not appear that asphalt aprons (15' minimum) off of SW 366" Street and onto 3rd Avenue
SW were proposed as part of the Master Land Use Application. Asphalt aprons serve to shed
3
Salter Comments: Montevista Short Plat, Master Land Use Application
April 6, 2015
gravel from automobile tires as they transition onto asphalt roads. Asphalt aprons also are used
for surface water management at hard surface transition points. See: Attached Photographs.
2.3 Storm Water Pond
Based on the drawings made available to us at the time of drafting this letter, it appears the onsite
storm water pond (Pond) will be an engineered structure that will have to be cut into a steep
slope. It does not appear that safety fencing, vegetation buffers or emergency water run-off
issues were depicted on the drawings. Further, the development is located near a middle school
(Illahee Jr. High). Middle school aged children walk 3rd Avenue SW daily in the morning and
afternoon on their way to and from school. Given the hazards posed by retained water, the
curious nature of school age children, and the visual impact the pond walls will have to the
adjacent property owners, securing the Pond with a fence and planting a vegetation buffer are
imperative.
2.4 Private Road (3rd Avenue SW)
As discussed earlier, the section of 3rd Avenue SW that lies north of SW 366d' Street was created
when the Ward family short platted their property in 1978. The Montevista Short Plat drawings
indicate their new road has the same street name (3rd Avenue SW). How was the north / south
road depicted on Montevista drawings given the same name as a road that was created in 1978?
Who is expected to maintain the larger version of 3rd Avenue SW as detailed in the Montevista?
Why isn't the developer required to pave 3rd Avenue SW with asphalt up to the access to the
Pond? Alternatively, why can't the access drive to the Pond be off of the asphalt paved road
proposed down the center of the developed lot?
2.5 Easement Relinquishment
Even though this matter was litigated in King County Superior Court in 2012, we wish to
understand how the City could proceed with a development project on or adjacent an existing
right-of-way (3rd Avenue SW). To our knowledge, Monte Vista Partners, LLC has not
performed any maintenance on our easement or on the abutting easement that was vacated t the
west in 2012. By what measure(s) is their claim of the use our easement justified? Further, how
were the neighbors who own and maintain the easement (the section of 3rd Avenue SW that is
north of SW 366 h Street) not notified of the status change of the road? How will the proposed
widening of the 3rd Avenue SW impact the easement that crosses each of our properties? Please
provide an understanding of how the Easement Relinquishment impacts our easement?
3.0 Summary
Our concerns with this proposed development relate to roads and road hazards, surface water
management impacts, down gradient impacts, drowning hazards and the aesthetic impacts to the
neighborhood. The Montevista Short Plat will increase the traffic load throughout the general
area and the proposed road improvements do not adequately address connectivity and the related
hazards. It is critical that SW 366d' Street be improved to a full street along the south side of Tax
Parcel 3021049068 over the Tax Parcel 3021049114 that is currently owned by the Monte Vista.
0
Salter Comments: Montevista'Short Plat, Master Land Use Application
April 6, 2015
Further, the development plan does not address the likely impacts to the neighbors on the east
side of V Avenue SW from surface water run-off, health and safety issues related to the storm
water pond, etc. The Master Land Use Application creates a second "Yd Avenue SW" which
would appear to create a confusing address issue. It also allows for access across the existing 3'
Avenue Southwest to build and/or maintain a storm water pond at the northeast corner of the
development lot. There is no discussion of the impacts to the easterly neighbors who own and
are required to maintain the existing 31d Avenue SW. Lastly, an Easement Relinquishment was
granted in 2012 that appears allow for use of their easement and other unknown impacts to
adjacent property owners who were not noted of the court action.
In closing, we are not opposed to the Montevista Short Plat and we generally support thoughtful
development projects. Although, if the concerns we've raised are not resolved in a manner
consistent with existing development standards, and elements of the development are not
sensitive to the neighborhood, we may choose to pursue legal remedies. Please contact us if you
have any questions and thank you for the opportunity to offer these comments.
Regards,
Steven J. Salter and Heather E. Salter
36526-3`d Avenue SW, Federal Way, Washington 98023
(253) 222-4244
5
Salter Comments: Montevista Short Plat, Master Land Use Application
April 6, 2015
Photograph 1: Looking west along SW 366'h Street (paved road). The half street was developed for the
homes constructed along its south side. The graded grassy strip on the right side of the photograph is the
easement / Tract "X" or Tax Parcel 3021049068 that is owned by Montevista. The neighborhood traffic,
parked cars and intersecting with two (2) streets (3`d Avenue SW in the background and 2°d Place SW in
the foreground) pose a number of traffic hazards. The Montevista Short Plat (Tax Parcel 3021049069) is
the treed lot in the background on the right side.
0
Salter Comments: Montevista Short Plat, Master Land Use Application
April 6, 2015
Photographs 2. Looking east along SW 366'b Street (gravel road) and its intersection with 3rd Avenue
SW, The general slope or topography in the area is to the eastlnortheast on the north side of SW 360b
Street.
7
Salter Comments: Montevista Short Plat, Master Land Use Application
April 6, 2015
Photograph 3. Looking west along SW 366' Street (gravel road) from the middle of the 4-way
intersection with 3`d Avenue SW (gravel road). The Montevista property is on the right side of this
photograph.
salter Comments: Montevista Short Plat, Master Land Use Application
April 6, 2015
Photograph 4. Looking north along 3'd Avenue SW (gravel road) as it intersects with SW 366=h Street
(gravel to the left 1 west and asphalt to the right 1 east), The Montevista property is in the left background.
The Salter property (visible home) is adjacent and down gradient of the Montevista property. Three (3)
additional homes are located north of the Salter parcel and along the east side of 3'4 Avenue SW.
E
Salter Comments: Montevista Short Plat, Master Land Use Application
April 6, 2015
Photograph 5. Looking south along 3`d Avenue SW (gravel road) as it intersects with SW 3661' Street
(asphalt to the left / east, gravel to the south and gravel to the right / west). The section of 3`d Avenue SW
that is north of SW 366' Street was created as an easement by the Ward family when they short platted
their property in 1978.
10
City of Federal Way RECEIVED
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Director of Community Development Department
Associate Planner— Becky Chapin APR 0 8 2015
Ann Dower, Public Works Sr. Engineer
Sarady Long, Public Works Sr. Transportation PUBLIC WORKS
33325 8th Avenue South 2"d Floor DEPARTMENT
Federal Way WA 98003
RE: Monte Vista Partners LLC/ Monte Vista Short Plat
Development Proposal at 320 SW 366th Street
File # 15-100975-SU & 15-100876-CN
City of Federal Way:
Date: April 5, 2015
The purpose of my letter is to comment on the above referenced development. I have obtained copies of the
proposed development and would like to relay my concerns on a couple of issues. I live next to the proposed
development on 3d Ave. SW. and have been here for 31 years.
1. The road entry to the proposed holding pond is directly across from my driveway entry. According to the
plans there are indications of some steep elevation directly towards my property. I do not see anything in
the plans that show a retaining wall that would halt any runoff directly toward my driveway and directly in
line with my garage which.could very well end up flooding my garage. - J[�cu.1
Q ,9,1y�-L ,P�c�-�e.,.. Tlt-� L✓-r�! G� �� r�..e� � _� � ram-vim•--� e.�—�..-�.,r ��:.�r�.. {�st. �`�
2. It appears that the new road in the development has also been named 3r° Ave. SW. Isn't there some rule
that prohibits two parallel roads having the same name? It would be a post office nightmare where I can
i see my mail going to another home on the new 3rd Ave and their mail coming tome. Please reconsider
allowing the developer to name the road the same.
3. For the time I've lived here I have had the benefit of the nice forest scenery. Yes that will change but
looking at a concrete retainage wall with a holding pond is not quite the same. I would recommend for
the sake of beautification that some sort of landscaping to hide the pond and retainage wall be done and
to deter young children from attempting to play in the pond and or on the retainage wall.
4. One thing that really very much concerns me is the use of our private road for the construction. It is a one
+ ► lane road and if there is heavy machinery our access to our home may be limited. I have obligations which
demand I need to access and leave home at various times. I'm not sure a concern like this is in your
'demand
but I needed you to know it is a concern.
5. Another concern of the construction is the wear and tear on the existing 3rd Ave. gravel road by the heavy
i machinery.
chine . I would recommend as longas the developer is adding a change to the existing private road by •
way of the access to the holding pond that he pave the road to avoid any degrading from the heavy
machinery and future use by people making a wrong turn looking for the new development. True this is
an expensive recommendation but necessary to maintain what we have worked so hard to maintain at
this point.
Thank you for considering my concerns.
Regards,
Nancy McHugh
36518 3rd Ave. SW
Federal Way, WA 98023
M. C FERAN LAW
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Statutory Wgranty Deed
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TM GRAI+CWjt BEAW10E G. WARD, is her' aepazate estate
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for and in consideration of TEN AD LABS AN4 OTHER 'GOOD AND VALUABLE CONSIDERATION
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in hand paid, conveys and WzTa=.Io ST'EV' . J. SALdER a single person, and LORAINE E.
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REDFIELD, a single person
the following described real estate, situated in the tooiy of'King , State:.vf Washington:
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See Attached Exhibit A
FILED
17C '' C �iCE C�
REF.
#
Dated this L2 day of ignuary, 1996
By By
BERNICE C.'': WARD
By
STATE OF .tSASHINGT4N )
— w} SS:
County of FIERCE
I certify that I knt w or:h�ve saiisfactoty cvidcnte that Bernice G. Ward
is the person who appcarcd before
ntedged
signed this instrumeand aeknoWlcdgc it tv be her
d said person acknowl that she
:£lee and voluntary act for the uses and purposes
mentioned in this instrument. „
Dated: January19
do 04
y,.,.......,r
g5 .HEA
nro4,WASHINGTON`,Ntat' Publc.oCh,
�18tM ¢'f{�,
.Rcsldsng st T.ACOM.'�. WA
s�J 99
1 s}- rJ�
My, gptiinttrlEnt a pates: 11
kv3+i , NHS
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MIS FNd 0 Stitl0i38 AININl3 9IA Wd UO.-.Wal ZOZ6-64t046.
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Exhibit A
LOT 4, X.-jiM COUNTY SHORT PLAT NUMBER 1277077c, RECORDED UNDER RECORDING NUMBER
78T'O300767, ;BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
S06THMT QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE
b(tRIDIAN, IN KING COUNTY, WASHINGTON;
TOGETHER WITH AN NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THE
..SOUT1} 30-FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF -:SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING
COUNTY, _i9A9HINGT0l;
EXCEPT .THAT P&j16N, OF SAID EASEMENT LYING WITHIN SIXTH AVENUE S.W.; AND
A NO1iXCLUSdNr;. EGRESS AND FOR INGRESS, ND UTILITIES OVER THE SOUTH 30 FEET OF
THE 16ATHWZ* QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
304: 'TGWLISITY 81' NORTHt: A;NGE 4 EAST, WILI.A.1'!E'TTE MERIDIAN, IN KING COUNTY,
''WY4§HTNGTOH ANC
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AN EASEMENT FOR TNCiABSSy' EGRESS MD UTI TIES OVER TRACK -x- AS DELINEATED ON SAID
SHORT •£Iy.�A�T; •
ZkCEPT �t{�fY FDRTIOI TilEREOF LYING WITHIN THS-P&PV8 MAIN TRACT.
SUBJECT TO:
1. EASEMENT AND . TQE' TERMS AND CO'TDITICk- TASREOF
DISCLOSED BY: DEED
PURPOSE: ROADI,JAY AM UTILITY
AFFECTS: r+ES'r 39FEET
RECORDED: MAY. 2a', LSS3
RECORDING NUMBER: 4347540 .
2. EASEMENT AM THE TERMS AND COZ'n jI ftONS T'&ERE¢F
ORANTEE: OWNEgS AND •-bwnR'& pw] Tmp 0:.THE..
NORTHWEST d AATER. OF THE SOUTHEAST -
QUARTr^R''CF' TuE SOUT AST vUA+RlTF.R AND
THE 50UTHMZS.T pUA.RTER OF THE NORTfEA5.4'
QUARTER OF Ti-Z �SOC}TH= QUARTER ,
PURPOSE: INGRESS, EGRESS PNO UxILY,'IES,
ARIA AFFECTED: WEST 30 FEET AND SOUTNWESTER%;Y PORTION
�► RECO"iD d.NNE S, 1978 .
D AECORDING,:'NUM8•ER; 7806050567
47)
•SAI13 SASEMSttP. IS.ALSO DELINEATED AND/OR DEDICATED ON I'HE'7ACE OF
CD TI:S, SPORT. •PLAAT.
3• EkSEME1T AM TIE T JR S,;'AND CONDITIONS THEREOF:
GRANTEE: ;PUVT SOUND POWER & LIGHT COMPANY, A
WASF.I�7GTON CORPORATION
PURPOSE- ••••� , ZLZCT91C R'RAhSMISSION At4'D/OP_
MSTF IBT;T'iON LINE
AREA AFFECTED: 14EST 40 .iFE'
RECORDED: '?S�[i; 18,.�196.'3
RECORDING NUMBER: :8305160776:
4. COVENANTS. CONDITIONS, RESTRICTIONS,-QEfJ'=T.IONS, AGR EM NTS AND NOTES,
AS CONTALIFED IN KING COUNTY SHop-T •P!�A�r Mjb,%tR 1i7707.1C RECORDED MDER
RECORDING NIUMBER 7810300767, A COPY ,Uf *.jx� i I6` HEis-rc; A"LTACN;-D.
5. AGREEMENT AND THE TERMS AND CONDITIONS TFFREPF: ,
BETWEEN: WATER DISTRICT NO 124
AND: STEINCIPHER
RECORDED: SEPTr,�msR 30, 1980 ..
RECORDING NUMBER: 8009301003 -
REGARDING: WATER MAINS AND APBURT.E4ANCE5.„. .
SAID AGREEMENT HAS BEEN MODIFIED 3Y INSTRUMENT, RECORDED UNDER RECO5aDINt
NUMBER 8204190464. -
SAID AGREEMENT HAS BEEN MODIFIED BY INSTRUMENT, RECORDED UNDER RECORDING .
NUMBER 83D6060473, � -
EXHIBIT IV
A
1. EASEMENT AND TIM TERNS AND CONDITIONS TM1.'FiEOF9
GRANTEE: OWNERS AND FiITURE OWNERS PORTION OF THE
NORTHWEST QUARTER OF TIR: SODTHEA5T
QUARTER OF THE SC=EAST QUAATSR AND
THE SCUTHWEST QUARTER OF THE NOATREAST
QUARTER OF TM SOOT AST QUARTER
PURPOSES INGRESS, EGRESS AND UTILITIES
AREA 4FFECTEDt WEST 30 FEET
RHOORD84 .... JURE 5, 1976
RECORDING NUMBERr 70060SO567
n�^ B. _
HOTEL: SA -JD &ASEHEgT IS ALSO DELINEATED AND/OR DEDICATED ON THE FACE OF
THE SE;OIiT PLAT.
C
2. PSE_IHM.. AND THE TERMS AND tbliDITICft TKEREOFt
GRANTEE: JOHN.R. STEINCIPHER AND X"EN E.
r^T£INCIPHER, HIS WIFE
PURPOSES LIGRT, AIR AND VIEW O%TR MM INGRESS
AND -%DRESS FOR PURPOSES OF TOPPING
TREES
AREA AFFECTED: SAID,if•EMISES AND 0,'tHRR- PROPERTY
yy
RECORDED, APKiL 24, 1981
i'
RECORDING NUMBER: '0164240707
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3. EASEMENT AND THE TERMS AND CONDITIi1tIS THEREOF:
cz)
GRAY7TEE: PbGET SOUND POWER. & LICFIT COMPANY, A.
4)
W4S11INGT0H CORFORATICH
PURPOSE : ELECTRIC.- tRAhSHISS I9W:.AI(p. JOlt
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➢ISTAOUTION LIME
AREA•'l�FF8CT8D� WEST 40 FE$T
RECORDED: MAY 1E, 19E3
RECORDING NUMEERt 83OS280777
C
4..COVEMNTS, CONDITIONS, RESTRICTIONS, DEDICATIONS, AGREEMEIrTS.AND NOTES,
AS CONTA;NED.-IN KING COUNTY SHORT PLAT NUMBER 1277077C PJmgRDED UNDER
RECORDING NUMBER 7619300767, A COPY OF WHICH IS MW= ATTACHED.
F
5. AGREEKENT'AND ••,rut TERNS AND CONDITIONS THER:OFz
881wtE£Ns• WATER DISTRICT 140. 124
ANDS STSINCIPRER
RECORLEErR SEPTEHBSR 30, 1900
i
RECORDING Ii6Di UFi d lioD003.003
AEGARDINGS .. ;WAU;t PAINS AND APFURTBNANCES.
6
SAID AGREEMERT HAS BEEN MOD1?IP 8X INSTROM8NT, RECORDED UNDER RECORDING
NuASER %i204190464.
f1
SAID AGREENS" RAS BEEN HODIPM 9Y. PSTRW=NT, RECORDED LENDER RECORDINC
NUMBER 8306060473. _
of ,.
60
0
FRC 0 FOFi RECORD AT RFOUEST OF
�qWflFN AECOfi0E0RE T U .RN TO NCrna
a
Aadrnas -
THIS SPACE PROVIDED FOR RECORDER'S USE
City, State. Z,R-+ .qkt_ /►,Y g8
stouitary Warrltnty.Deed
O THFGRANTOR
rr4 WIESE, HUSBAND AND WIFE
GERALD J. WISSE gTrD HARGARET::E.
O '
0 for and in considcmtien of TEN DOLLARS POD OTHER GOOD: AHD viaAEL£ C9NSIDERATION
C�
in hand paid, roweysand warrenutDTHOM L.If. 3ACKS914 AND SALLY .•4-H• SACRSON, HUSBAND AND WIFE
the followmg described teat esuto, situated in the County 0YXING SLLte of•W a hingmn:
THE ATTACHED EMISIT "A" CONTAINS 773E CONPLET& L'EGAL-PESCRIt�TLON AVD IS
�{ INCORPORATED MEIN BY THIS REFERENCE:
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SUBJECT TOALL EASE[iCNT , RESTRICTIONS AND RESERVATIONS OF RECORD AS FfER£TO
f=_ ATTACHE] ON =41BIT 191.
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Dated l ' .124
3���7 • � j � ti � l c it S .-t C C •7� f.��'�-C K.��
GERALD J. WIESE HAxGAA�1 E., WTESE
8
STATFOFWdJ111K TON
If TAjE0FIVASH[NGTON l T•
�N (►' IIIf ss.
COUNTY GK v55 a 4 (� III IOUNTY-Or.,
:
�� � � On Ihts '' - day aS . 19__ '
On this day rwnall ~ - s Y Z ��
J. Wiese/iM8! 9arl: E� before mc, the Vrdersigsrcd. a Notary Public m and [or..thr Sutc of Wash -
Gerald
� i�gionl duly comsnissitfpad arstl swore, perwtullY;9Pp-YOd I .j
to me known to the known to the i� •fade e T' .
executed the 4tthtn I fAkeitgj4 _ sad
and acknowled eJ0011 the '''ss Bcctxu
8 t me rntvbethe prtstdsi+and R i.�
as their fretart� st A prcevel..of
for the uses and purposes therein me >3hif1{f►K�
�. o ration that eaeculed the foregoing ihsuumens.. and t[tn Lion, f t the es tn,. i
atrunx t to be the free and raluatary act and dendof sasd carpoattan, farthe uses and
purpdus therein mentmned. aril on oath ruled tNI Authorutd to rA
R'EN under my hand and offrclel'sea-this cute the said instruncriland thatthe 1WS fixcdisthecatyarat_so1ofstiidWINralion
May 19 94 Witness my hand and official sea$ hen:Io arrixed the day end yur ftnt above 'writ- r r
c day of tt
ten. i,
Notary Public in and forthe Statc of Washington, v
Notairy•Publrctn Or tg-aTWat[yfin&ton, tuidtnget ,
residing at C�' E1377SBi 06/01/J994 21303.50 iS7506.00
My cmrmasswn expires: b J�%
LPR-10
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LOT 1, RING COUNTY U96RT FLAT NUMBER 1277077C, RECORDED FINDER RECORDING NUMBER
7610300767, BEING A PORTION OF THE iiORTMMST 4OARTER OF THE SOUTHEAST QUAnTER OF
THE SOUTHEAST QgARTER OF SECTION 30, TOWNSEZP 21 NORTH, RANGE 4 EAST, WILLAMETiE
FXRIDIAN, IH KINO COUNTY, WASHINGTON)
TOGCTHER WITH PN NON-=cLuSIVE EASMENT FOR INGRESS+ EGMS AND SITILITIES OVER
THE SOUTH 30 FEET OF Tim NDRTIUSAST QUARTER OF THE. 6OUTIiMT QUARTER OF T'ciE
T
SOUTHEAST QUARTER Of SECTION 30, MMSHIF •21. HORM, RANGE 4 EAST, WILTAM ;TE
MERIDIAN, IN KING COUNTY, WASH2NGTON)
EXCEn TMT PORTION OF SAID 9ASFRENT LYING WITHIN SIrM AVENGE S.P': J AND
A NO�i-$RCLU6IVE ZASZkXRT FOR INGRESS, EGRESS AM UTILIT105 OVER THE BOUTS 30 FEET
OF THE NORTUWEST QUARTER OF THE SOUTHEAST QUARTER OF Tn SOU. MlE LST G-JARTER OF
SECTION 30; TOWIiSHIP 21 NORTH, RANGE 4 FIRST, WIUAHEITE ]WRIDIAN,' 'IN .RING COtnri'Y,
WASHINGTOR; AND
April 6, 2015
City of Federal Way
Director of Community Development Department
Associate Planner— Becky Chapin
Ann Dower,Public Works Sr. Engineer
Sarady Long, Public Works Sr. Transportation
33325 8th Avenue South 2nd Floor
Federal Way WA 98003
RE: Monte Vista Partners LLC/ Monte Vista Short Plat
Development Proposal at 320 SW 366th Street
File # 15-100975-SU & 15-100876-CN
City of Federal Way:
RECEIVED
APR 0.9 2015
CITY OF FEDERAL WAY
CDS
We would like to voice our concerns on the Monte Vista Partners Development on 366th and 3d Ave SW.
We live at 36500 3`d Ave SW and have lived here since 1988 when we purchased the land from
Steinciphers and built our home. We have lived on 3rd Ave SW for 26 years. The proposed plans have
the road west of us also as 3rd Ave SW. Are we losing our road?
When we purchased and built 26 years ago, we were aware of our 25' of easement (which we did not
build on) but have landscaped and maintain it to date. We also knew that we had a private road (3�d Ave
SW) which we also maintain.
Recently, we were made aware of this new stage in the development of the Monte Vista property. We
were made aware by a posted notice on 36e St by one of our neighbors, who happened to spot it in
the bushes. This was on March 27, 2015. 1 am glad someone noticed it and shared the information. I
am concerned that us longstanding neighbors were not given any notification. Prior to this, we had
been in communication with Stephen McWilliams. We were kept abreast of his plans and were open to
any improvement, development and change. We were comfortable with all of his plans up until he
wanted to use our private road to run all of the construction equipment.
We live on 500' of dirt road. It is a single lane, dead end road. There is not room for a truck traffic.
There is no place to pull over if a truck came down the road. This is a dirt road, even one more vehicle
on it would make the existing weather issues unbearable - dust in the summer and mud in the winter.
Also, the wear and tear on this road would create potholes and ruts. We get a lot of water runoff down
the road during certain times of the year. I can't imagine what a mess this would cause.
Students walk down this road twice a day (to and from Illahee Middle School) and the physical
education classes and track teams use this road and 366t" St. as part of their workouts. How safe would
they be? How safe would they be around the storm drain holding pond? I would expect fencing and
shrubbery as a form of protection. I don't see that on the drawings.
The drawings indicate some trees will be left standing on this development property. Every year, we
have had one of the trees from Monte Vista property fall on our road. Every year, we have had to pay
for the removal. In 2014, 1 finally called Stephen McWilliams and he paid the removal of the last tree
that fell and he paid for the cutting of trees on his easement that would be a potential problem. I did
appreciate this. I see no form of provision for falling trees on our private road from Monte Vista.
Thank you for your time in looking at our situation. We are not against development but when you've
lived in a neighborhood for a long period of time, we would expect basic consideration, communication
and cooperation. We are King County/Federal Way tax payers. We have lived, worked, and retired in
Federal Way (Federal School District, USPS Bulk Mail Center).
Mary and James Hild
36500 3d Avenue SW
Federal Way WA 95023
mh"ldl-C,u L P a.aIt C-O 41
City of Federal Way
Director of Community Development Department
JAssociate Planner — Becky Chapin
Ann Dower, Public Works: -Sr- Engirreer
Sarady Long, Public Works Sr. Transportation
33325 8t" Avenue South 2"d Floor
Federal Way WA 98003
RE: Monte Vista Partners LLC/ Monte Vista Short Plat
Development Proposal at 320 SW 366th Street
File # 15-100975-SU & 15-100876-CN
City of Federal Way:
Date: April 2, 2015
RECEIVED BY
COMMUNITY & ECONOMIC
DEVELOPMENT DEPARTMENT
APR - 3 2015
We are writing as suggested in the land use letter to comment on the referenced development. We have obtained
and reviewed copies of the proposed development from the Community Development Center.
We live adjacent to the property referenced above on the northeast side at 36406 31 Avenue SW. We have lived
here for 21 years.
We have several concerns regarding the proposed development based on the drawings provided. We may have
further concerns as additional details are disclosed. Our current concerns are as follows:
1. Storm Water Runoff - the site drawings show a holding pond on the northeast side of the development. Our
Lorry e� .� concern is has it been designed to adequately hold the runoff since the soil in this area does not perk well.
Thewaterflow down the gravel road is substantial during heavy rains. Do they have an emergency overflow
—as part of the design? The development of this acreage will increase the potential of run off if not designed
correctly. This could allow for an overflow onto our property as well as flooding onto the property north of
the acreage and the property to the NE of the acreage that is owned by Illahee Middle School and cause
property damage.
2. Student Safety - Illahee students daily walk down our road (3`d Avenue SW) to and from school. They will be
walking right past the holding pond. If it is not adequately set back from the property line (which it is not
�r p7Ji2 currently) with fencing (jotshowrrj' Aegetation /trees to buffer (not shown), these students may be
harmed as they will probably play at the pond (being middle-schoolers) and water accidents could occur.
The pond as defined looks to possibly have as much as 4-6' deep of water in it. Again from a safety
— perspective, should we have 4-6' deep area of water in an unfenced environment on paths currently
accessed daily by 11-14 year olds?
Also the retaining wall on the east side of the pond could be as high as 50' off the road elevation if the scale
of the cross section is correct. Again, could you see a 12 year old boy at the top of the retainage wall jumping
up down to the level of the pond? I could, and don't want that accident to occur.
The retainage pond, should have a fence, and vistfal screening (vegetation to "hide" it from the gravel road)
to promote safety for the general public.
3. Private Road Use - It appears that the development assumes use of our private road up to our neighbor's
house for access to maintain of the holding pond. This is a private road with an easement in place for 30+
years. The use of this road for this maintenance access HAS NOT BEEN APPROVED by the 4 neighbors that
use this private road.
4. Easement Relin uishment - There is an easement relinquishment (King County Superior Court case No 12-2-
11980-5) noted on the drawings. This case was heard in April/June, 2012. We have asked for the copies of
4' the documents of that case and do not know if they will be sent before the April 101h deadline for this letter.
LandUse_Letter_CityofFED_4-2-15 1 4/3/2015
The easement road in question has been used by the four lots to the east of the development site for at least
30 plus years. We were not notified of any action which would affect this road in 2012 and just learned of
this case in the past few days. Once we learn the details of the case, we may proceed with legal action to
block such action if we have been harmed in any way by this case.
Vegetation —There are currently a large number of trees on the property to be developed. The plans appear
to remove a significant portion of the trees. One, per my conversation with the City, tree retention should
occur at 25/acre. Since this is a 5 acre lot, that would mean 100 trees. I do not count 100 trees being saved
on this lot AND I count NO trees being saved around the retention pond. Again, trees and other vegetation
should be evenly spread around the site and especially be located around the retention pond for buffer and
visual screening.
Two, this area is prone to substantial wind in winter windstorms. We have had several trees blown over into
the road from this acreage. If only 50 odd trees are left, they will be MUCH more prone to further blow -over -
damage since they are not in a forest for buffer.
6. Retention Pond Maintenance — If the pond has as much of 6' of water in for any portion of the year, we need
consistent and agreed upon maintenance and cleaning service defined for this new body of water. That
should also include bog -spraying. Currently the area has minimal issues with mosquitoes in the summer.
Having a stagnant holding pond, will promote the breeding of insects in that area. Again, the private gravel
road has not been approved for maintenance access.
7. Septic System —There is no City sewer in the area. And I don't see a specification of the septic on the
drawing. We would want to make sure that the drain fields are adequate for the number houses and for
decades of use.
8. Road Improvements - When we added an addition in 1995, 1 went through a 6 month variance process to
convince the City of Federal Way that paving a concrete road with curbs and sewer was not required for my
house addition of 1000SF, I am therefore surprised that for the addition of 6 houses, that 3661h the length of
Steve Salter's corner lot (3rd Avenue SW and 366th) will not be required to be improved to match the width of
the rest of the residential streets in the neighborhood. The increased traffic would be better accommodated
with the widening. Likewise, it looks like the gravel 366th between the private road of 3rd Avenue SW and 6th
Ave SW will not be improved to a paved road. Indeed, I am not sure what paving surface the improvement in
front of the development will be per the drawings. It concerns me greatly for access for 6 families, probably
2 cars each house at least, that a paved road from 61h Avenue S through to connect with the consistently wide
road of 3661h will not be improved and paved. And if this is not a paved road, the use of this road by
emergency vehicles for life safety will be significantly curtailed with the potholes of the existing gravel road in
place.
9. Street Naming —The drawings show that both our private road and the new "T" road in the development will
be named 3'd Avenue SW. Since our private road has had this address for 30 plus years, then their new road
should have a different road name. It will be VERY confusing for wayfinding and a bad design decision to
have 2 roads parallel to each other have the same exact name.
We would appreciate consideration of our concerns in your review of the project.
The land use Action sign for this development was posted on the site for a short time. It was not on the site as of
March 215t and we first noticed it on March 27' and as of April 151 it is no longer posted. If there are any public
hearing or additional comments, please let us know personally and or let us know the process to follow to find out
this information on line since the public posting process this time round has not been obvious to the neighbors.
Thank you for your time `
Sally and Tom Jackson
36406 3d Avenue SW
Federal Way WA
r
Land Use_Letter_GtyofFED_4-2-15 2 4/3/2015