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17-102995CITY OF �. Federal Way December 8, 2017 ILF1[ALL- 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com Jim Ferrell, Mayor Bryan R. Shaw P.L.S. Emailed: hansenstirvgy@comcast.net Hansen Surveying & Consulting 4227 S. Meridian, Suite C-445 Puyallup, WA 98373 RE: File #17-102995-00-SU; PRELIMINARY SHORT PLAT APPROVAL McClincy Short Plat, 33339 18th Avenue S., Federal Way Dear Mr. Shaw: The Community Development Department has completed the administrative short subdivision review for the McClincy Short Plat. The applicant proposes to subdivide one 0.4-acre multi -family residential lot into two residential lots, including Open Space Tract "A" and a 5-foot utility easement over Lot 2 granting Lot 1 access to water and sewer connections. The City received the application on June 22, 2017, deemed it incomplete July 14, 2017, and deemed it complete on August 28, 2017. Staff received project resubmittals on July 21, 2017, September 12, 2017, November 3, 8, and 16, 2017. The City of Federal Way hereby grants conditional preliminary approval of the McClincy Short Plat, subject to the conditions noted below. This preliminary approval corresponds to, but is not limited to, the following documents submitted by the applicant: 1. Two -page short plat drawing, prepared by Hansen Surveying and Consulting, date stamped resubmitted November 16, 2017. 2. Supplemental Title Report prepared by CW Title on August 17, 2017, resubmitted September 12, 2017. 3. Preliminary TreeNegetation Plan and Topography Survey, prepared by Hansen Surveying and Consulting, date stamped resubmitted July 21, 2017. CONCLUSION This Decision of the Director is based on the enclosed Findings of Fact (Exhibit A) and is in accordance with the following criteria pursuant to Federal Way Revised Code (FWRC) 18.30.110(2): 1. The proposed short subdivision is consistent with the comprehensive plan; 2. The proposed short subdivision is consistent with all applicable provisions of this title; 3. The proposed short subdivision is consistent with the public health, safety, and welfare; 4. The proposed short subdivision is consistent with the ten -item subdivision purpose statement listed in FWRC 18.05.020; and 5. It is consistent with applicable development standards listed in the subdivision code's design criteria, required improvements, other applicable ordinances or regulations of the city, and Revised Code of Washington (RCW) 58.17.060 and 58.17.110. Mr. B. Shaw December 8, 2017 Page 2 of 3 APPROVAL CONDITIONS The following conditions are reasonably necessary to eliminate or minimize any impacts from approving the application. The following conditions are hereby incorporated as part of the short subdivision decision; all conditions shall be met by the time of building permit issuance or as otherwise noted: 1) The applicant must receive building permit approval prior to constructing site improvements. 2) The applicant shall submit a final Clearing, Grading and TreeNegetation Retention and Replacement Plan as a component of future building permits. 3) Water, sewer and stormwater services shall be installed on Lot 2 prior to building permit issuance. 4) As a condition of the building permit, a fire sprinkler system shall be installed on Lot 2. 5) The applicant is required to pay a traffic impact fee (TIF) for Lot 2. Contact Traffic for payment timing. 6) Open Space `Tract A' is not considered a buildable lot pursuant to FWRC 19.105.010. RECORDING Upon completion and inspection of all applicable conditions, the applicant shall submit final short plat drawings to the City for final Community Development Director and Public Works Department signatures. Pursuant to FWRC 18.30.300, all short plats shall be recorded with the King County Division of Elections and Records by the applicant. Please use the enclosed Resubmittal Information form and re- submit to the Permit Center one signed and notarized short plat drawing, and two paper copies of the signed/notarized drawing. The City will sign the short plat document and return the document to you to be recorded at King County. The applicant must return one original signed and notarized recorded short plat to the City and may keep the conformed copy short plat for your records. APPEAL PROCESS Pursuant to FWRC 18.30.140, any person who is mailed a copy of this decision may appeal the decision within 14 calendar days of the date of issuance. The decision may be appealed in the form of a letter delivered to the Community Development Department by 5:00 p.m., December 22, 2017, at the following address: 33325 8 h Avenue South, Federal Way, WA 98003. An appeal letter must contain a clear reference to the matter being appealed, along with a copy of the decision. A statement of the alleged errors in the decision and required appeal fee must be included. Any additional requirements of FWRC 18.30.140 must be followed. STATE ENVIRONMENTAL POLICY ACT The proposal is exempt from a SEPA threshold determination pursuant to Washington Administrative Code (WAC) 197-11-800(6)(d). DURATION OF APPROVAL Short subdivision approval shall expire five years from the date of this decision. Opportunities for time extensions are available pursuant to criteria listed in FWRC 18.05.090, 17-102995-00-SU Doc. I.D. 76552 f Mr. B. Shaw December 8, 2017 Page 3 of 3 CLOSING Any questions or concerns regarding this decision can be forwarded to Associate Planner Leila Willoughby -Oakes at 253-835-2644, or Leila.WiIlougliby-Cakes@cityoffederalway.com. Sincerely, VVtx,t-f� Brian Davis Director of Community Development enc: Exhibit .`A' Statement of Facts Short Plat Drawing stamped `Preliminary Approval' Resubmittal Form c: Timothy McClincy, 4604 NE 4`h Avenue, Renton, WA 98059 (w/ encls.) Doc Hansen, Planning Manager via email Leila Willoughby, Associate Planner Cole Elliott, Development Services Manager Sarady Long, Senior Transportation Planning Engineer Brian Asbury, Lakehaven Water & Sewer District via email Chris Cahan, South King Fire & Rescue via email 17-102995-00-SU Doc. I.D. 76552 0 CITY OF Federal Way Exhibit `A' Short Plat Findings of Fact Federal Way Revised Code (FWRC) Chapter 18.30 `Short Subdivision Plats' McClincy Short Plat File #17-102995-00-SU The Community Development Department hereby presents the following analysis to the Community Development Director pursuant to content requirements of the Short Subdivision written decision as set forth in Federal Way Revised Code (FWRC) 18.30.110(4). These facts are in reference to King County tax parcel number 797820-0075 located at 33339 181' Avenue South, Federal Way. 1. Proposal — The applicant (Tim McClincy) proposes to subdivide one multi -family lot into two building sites for a new residence. Proposed Lot 1 contains an existing duplex, paved driveway and shed. Site development on Lot 2 will be reviewed under a residential building permit. The resulting short plat includes a utility easement granted to Lot 1, encroachment easement and a common open space tract. Per the approved short plat drawing, the total square feet for each lot is: Lot 1 — 8,066 sq. ft.; Lot 2 — 6,225 sq. ft.; Open Space Tract A — 2,522 sq. ft. 2. Review Process — Pursuant to FWRC 18.30 `Short Subdivision Plats,' the proposed short plat is subject to administrative review and a decision administered by the Community Development Director. The proposal has been reviewed by staff from the Community Development Department, Public Works Department, Lakehaven Water and Sewer District, and South King Fire said Rescue. The following FWRC development regulations were applied while reviewing the short subdivision application, Title 16 `Surface Water Management;' Title 18 `Subdivisions;' and Title 19, `Zoning and Development Code.' 3. Application Completeness — The Community Development Department received the McClincy 2-lot short plat on June 22, 2017. Staff deemed the application incomplete on July 14, 2017, and complete on August 28, 2017. The Department received drawing resubmittals on July 21, 2017, September 12, 2017 and November 3, 8, and 16, 2017. 4. Public Notice & Comment — A Notice of Land Use Application for the short subdivision was published in the Federal Way Mirror and posted at the subject property and city designated notice boards on September 15, 2017. No written comments were received regarding the short plat proposal. 5. Site Description— The subject property is located at 33339 181' Avenue South at the end of a residential cul-de-sac. The site is rectangular in shape and measures approximately 396 feet wide by 50-75 feet deep. The site is relatively flat with scattered vegetation, grass and trees. On the date of this decision, an existing multi -family apartment complex is located north of the subject property. 6. Density & Zoning District Regulations — The subject property is located within the Multi -Family Residential RM1800 zone with a minimum lot size requirement of 7,200 square feet for townhouse (attached) residential dwelling units and 5,000 square feet for single detached dwelling units. FWRC 19.205.010 `Attached dwelling units', FWRC 19.205.030 `Detached dwelling unit' and FWRC 19.205.040 `Multifamily dwelling units (Stacked dwelling units)', prescribes setback, height, parking, lot coverage and landscaping requirements. Future building permit applications will be reviewed for compliance with these provisions. 7. Comprehensive Plan — The subject property's comprehensive plan designation is Multi -family. The proposal provides an urban density consistent with the Federal Way Comprehensive Plan (FWCP) designation. The proposal meets relevant goals and policies of the FWCP. S. State Environmental Policy Act (SEPA) —The proposal is exempt from an environmental review and a threshold determination pursuant to Washington Administrative Code (WAC) 197-11-800(6)(d) and does not exceed environmental review thresholds. 9. Critical Areas — The city's critical area inventory does not depict any environmentally critical areas on the subject property. 10. Tree and Vegetation Retention and Replacement — The short plat is subject to the tree density requirements of FWRC 19.120.130(1); note that 30 tree units per acre are required for multi -family zoned sites. The total number of tree units required for this proposal is based upon a gross plat area of 0.4 acres (16,813 square feet). The applicant will be required to retain, replace, or augment tree coverage as part of the building permit approval for each lot. A note must be placed on the short plat drawing and subsequent building permits requiring each new house to depict where the tree plantings will be located. The proposal shall provide the following tree units per lot, and pursuant to FWRC 19.120.130 if the calculation results in a fractional quantity, said calculation will be rounded up to the next higher whole number: • Lot 1 (0.185 acres/8,066 sq. ft.) - 6 tree units • Lot 2 (0.143 acres/6,225 sq. ft.) - 5 tree units 11. Engineering Requirements — The applicant does not require engineering plans for Public Works Department review and approval, unless the applicant is required to obtain right-of-way authorization to connect to the storm collection system within 18th Avenue South. 12. Access-- New Lot 2 will access 18t" Avenue South using a private access roadway that includes a hammerhead turn -around. The access roadway shall be constructed per City of Federal Way standard roadway section 3-2DD, with a minimum of 20 feet of paved roadway within a 25-foot-wide tract or easement. The existing residences on Lot 1 shall maintain direct access onto 18th Avenue South. 13. Transportation — The City's Traffic Division reviewed the applicant's concurrency application (city file no. 17-102996-00-CN) and concluded the short subdivision will generate two new PM peak hour vehicle trips. Traffic issued a Capacity Reserve Certificate (CRC) on August 9, 2017. In order to mitigate the impacts of new development on the City's street infrastructure, the applicant will be subject to a transportation impact fee (TIF) per FWRC 19.91 `Transportation Impact Fees.' 14. Street Frontage Improvements — The applicant shall construct street improvements along their property frontage on 181h Avenue South per the City's Type `R' cross section, including all tapers and transitions necessary, at each end of the improvements. The applicant will be required to dedicate 1.65 feet of property to the City of Federal Way for future right-of-way improvements along 181h Avenue South, in order to accommodate the required roadway section. 15. Stormwater— The proposed 2-lot short plat does not meet the criteria for a stormwater drainage review by Public Works under the 2016 King County Surface Water Design Manual and City Short Plat Findings File #17-102995-00-SU/ Doc. I.D. 76551 McClincy Short Plat Page 2 Addendum to the manual. Lot 2 will be required to meet individual lot BMPs and shall design a storm system in accordance with Appendix C of KCSWDM on the submittal of a building. 16. Fire Protection — South King Fire and Rescue reviewed the application materials. A 13D Fire Sprinkler System will be required for Lot 2 due to lack of Fire Apparatus access and no approved turn -around. A note must be provided on the face of the short plat that states an automatic fire sprinkler system is required for any new residence built on this lot. 17. Water and Sewer — The applicant proposes to serve the two lots with a public water supply and distribution system managed by the Lakehaven Water and Sewer District. The June 15, 2017, Certificate of Water Availability indicates Lakehaven's capacity to serve the proposed development via an existing 8-inch diameter water main that is on site. A water service connection application will be required for any new or modified service connection for Lot 2 and proof or reservation of service easements. A June 15, 2017, Certificate of Sewer Availability indicates the district's capacity to serve the proposed development and will require sewer service connection permits and the reservation of a private easement across the southwest corner of proposed Lot 2 for the benefit of the existing sewer service line and connection for proposed Lot 1. 18. Design Criteria — The proposed short subdivision satisfies applicable design standards pursuant to FWRC Chapter 18.55 `Design Criteria' including, but not limited to, land division design, lot design, density, and open space subject to conditions being met. 19. Lot Addresses — The city's Building Department has assigned the following addresses to the proposed lots. Addresses shall be depicted on the face of the short plat document. Lot 1 — 33501 18`h Avenue South Lot 2 — 33502 18`h Avenue South 20. Conditions of Approval — Staff recommends the Director of Community Development include the following conditions of approval in the short subdivision decision. Unless otherwise permitted in FWRC 18.30.280, all conditions shall be met prior to plat recording or as otherwise noted: 1) The applicant must receive building permit approval prior to constructing site improvements. 2) The applicant shall submit a final Clearing, Grading and TreeNegetation Retention and Replacement Plan as a component of future building permits. 3) Water, sewer and stormwater services shall be installed on Lot 2 prior to building permit issuance. 4) As a condition of the building permit, a fire sprinkler system shall be installed on Lot 2. 5) The applicant is required to pay a traffic impact fee (TIF) for Lot 2. Please contact Traffic for payment timing. 6) Open Space `Tract A' is not considered a buildable lot pursuant to FWRC 19.105.010. These findings shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. Prepared by: Leila Willoughby -Oakes, Associate Planner Date: December 8, 2017 Short Plat Findings McGincy Short Plat File #17-102995-00-SU/ Doc. I.D. 76551 Page 3 CITY OF � Federal Way October 25, 2017 Bryan R. Shaw P.L.S. Hansen Surveying & Consulting 4227 South Meridian, Suite C-445 Puyallup, WA 98373 FILE 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com Jim Ferrell, Mayor Emailed: hansensurvevcucomcast. net RE: File 917-102995-00-SU; PLANNING REVIEW #2 McClincy Short Plat, 33339 18th Avenue South, Federal Way (Parcel 797820-0075) Dear Mr. Shaw: The Community Development Department is in receipt of your September 12, 2017, 2-lot short plat resubmittal. On July 14, 2017, the Public Works Development Services and Community Development Planning Divisions deemed the 2-lot short plat proposal was incomplete. The application was deemed complete on August 28. 2017. The following items must be addressed prior to Planning Division approval. COMMENTS 1. Please provide the revised legal descriptions for proposed Lot 1 and 2. 2. Please add plat notes pertaining to minimum tree density. Multi -family coning districts require a minimum of 30 tree units per acre. 3. Open Space —Prior to approvals, the applicant shall provide either open space in the amount of 15 percent of the gross land area or the applicant shall pay 15 percent of the most recent assessed land value of the subject property as the fee in lieu of open space prior to recording at the discretion of Parks. Please make your fee -in -lieu request in writing to John Hutton, City of Federal Way Parks Director. 4. Prior to final short plat approval, an updated title report must be submitted showing the current owners (i.e. within 90 days). 5. Add the following plat note regarding servicing prior to recordings: The sanitary setii,er storn?r drainage and water services shall he installecl prior to the City q1' Federal Way issuing a building permit for proposed Lot 2. " 6. Development Services Manager Cole Elliott sent comments via ernail on September 18, 2017. Mr. Shaw October 25. 2017 Page 2 CLOSING Please resubmit three copies of the requested revisions with the enclosed resubmittal form to the permit center. Should you have any questions, contact Leila Willoughby -Oakes at 253-835-2644 or Lei Ia.WillQu rliby-Oakes,rrcitvoffederaItivay.cam. Sincerely, 1 Lelia Willoughby -Oak s Associate Planner c: Cole Elliott, Development Services Manager Robert 'Doc' Hansen, Planning Manager enc: Resubmittal Form Development Services Email Comments (9-18-17) Tree Retention Bulletin 17-1029c)5-00-SV Doc I D 7043, 1\ �r W m �pC Z> cr 0 R w cn � �o �d o CD W) CD (-A� CD a. CD �c o �o CD N 0 C oCD CD CD D � cD•�CD ":�o0CD ocn oCD p' p' CD ara Z �3 P a. � 7d CDCD y CD CD 11-h CD CD c�u ° Q C. 0 d Oil � 0214 c CD ID tv En Cn CD CD CD � � CLPCD Mood CD 0 CD cn V'� �� :� O " I O CD CD p o Owe �0Z�rGQ �,�� ~O 0-4� a_cDZ� O CD CD CDCD tm. 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Hansen Surveying & Consulting 4227 South Meridian, Suite C-445 Puyallup, WA 98373 hiansensurvu@c m ast.ne CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. com Jim Ferrell, Mayor FILE Re: File #17-102995-00-SU; PLANNING LETTER #3 McClincy Short Plat, 3333918th Avenue South, Federal Way (Parcel 797820-0075) Dear Mr. Shaw: The city is in receipt of your September 12, 2017, resubmittal and November 3, and November 8, 2017, email resubmittals to Planning Manager Doc Hansen for a two -lot short plat proposal. This letter summarizes the technical review emails sent and received by the city. On July 14, 2017, the Development Services and Planning Divisions deemed your application incomplete. The application was deemed complete on August 28, 2017. TECHNICAL COMMENTS The following items must be addressed prior to an administrative short plat decision' by the Community Development Director: 1. Please find drawing redlines enclosed with this letter. Fixing these items will expedite your preliminary short plat approval process. 2. Please find the final recording invoice enclosed for the two page short plat —this will expedite your preliminary approval process for final recording. 3. Regarding Sheet 2 of 2, please provide a scale for the two inset drawings. 4. Please list the required tree density for Lots 1 and 2 on the short plat drawing. This item was left blank (multi -family parcels require a minimum of 30 tree units per acre). 5. Open Space Requirement— Revise the proposed open space tract to provide access to the open space from Lot 2. The open space must be accessible to Lots 1 and 2 per FWRC 18.55.060(3): `All usable open space must be readily identifiable with the development and easily accessible by the residents. " Your client has the option to meet the open space requirements by paying a fee -in -lieu, if open space cannot be accommodated on site. You may submit a fee -in -lieu request letter to City of Federal Way Parks Director John Hutton at 33325 8th Avenue South, Federal Way, WA 98003. 1 Proposed Lot 2 cannot be sold or developed prior to receiving administrative short approval and recording at the King County Recorder's Office. Proposed Lot 2 is not a legal building lot. 17-102995-00-SU Doc. I.D. 7G840 Mr. Bryan R. Shaw, P.L.S. Page 2 of 2 November 14, 2017 6. Your application will remain on hold until all city comments are addressed. 7. Please do not notarize or obtain owner signatures (i.e. create final paper mylars) until staff is in receipt of copies of the revised plans for review. CLOSING Please resubmit two hard copies of the full size preliminary short plat drawing addressing all comments to the permit center with the enclosed resubmittal form. Unfortunately, we cannot accept email resubmittals— all requested information must be resubmitted to the Federal Way Permit Center in person or by mail for staff distribution and tracldng. Please note that mailed items may delay final review of the project as much as two week since projects are reviewed in the order received. Should you have any questions, please contact Associate Planner Leila Willoughby -Oakes at 253-835-2644, or le- la.willnughbv-oakes@cityoffederalway.com. Sincerely, Robert `Doc' Hansen Planning Manager enc: Resubmittal Form FWRC 18.55.060, "Open Space and Recreation" Recording Invoice c: Leila Willoughby -Oakes, Associate Planner Cole Elliott, Development Services Manager 17-102995-00-SU Doc I.D. 76840 TITLE ' RESOURCES GUARANTY COMPANY Order No.: 40190902 Updated Subdivision Guarantee Face Page Guarantee No.: 40190902 Liability: $2,500.00 Charge: $ 400.00 Tax: $ 40.00 Total: $ 440.00 Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Title Resources Guaranty Company a corporation here in called the Company Guarantees the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Date: April 26, 2017 at 8:00 am Title Resources Guaranty Company rcu�� 777,_ 6y: d+ ExecutiveeViVm Flmswll (n� _ //�6(/�ifl Y• _ Se" TRGC Form No.: 2647 Subdivision Guarantee Guarantee Conditions and Stipulations (09-12-08) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. TRGC Form No.: 2647 Subdivision Guarantee Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. TRGC Form No.: 2647 Subdivision Guarantee 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 8111 LBJ Freeway, Ste. 1200, Dallas, TX 75251, or trgcclaims@trgc.com. TRGC Form No.: 2647 Subdivision Guarantee TITLE �e RESOURCES GUARANTY COMPANY Order No.: 40190902 1. Name of Assured: Timothy McClincy 2. Date of Guarantee: Subdivision Guarantee Issued By Title Resources Guaranty Company Schedule A Liability: Charge: Tax: Total: $2,500.00 $ 400.00 $ 40.00 $ 440.00 Guarantee No.: 40190902 April 26, 2017 at 8:00 am 3. The assurances referred to on the face page hereof are: a. That, according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Tim W. McClincy, who also appears of record as Timothy McClincy, as his separate estate C. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. Exceptions: TRGC Form No.: 2647 Subdivision Guarantee Page 1 File No.: 40190902-800-T35 Guarantee No.: 40190902-1-E SCHEDULE A (Continued) 1. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC 2 3. 4 5 GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 7978200075 YEAR BILLED PAID BALANCE 2017 $3,737.79 $1,868.90 $1,868.89 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,868.89. LEVY CODE: 1205 ASSESSED VALUE LAND: $76,000.00 ASSESSED VALUE IMPROVEMENTS: $185,000.00 TOTAL ASSESSED VALUE $261,000.00 (AFFECTS PARCEL A) GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 4129400030 YEAR BILLED PAID BALANCE 2017 $ 951.61 $0.00 $951.61 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $951.61. LEVY CODE: 1205 ASSESSED VALUE LAND: $61,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 TOTAL ASSESSED VALUE $61,000.00 (AFFECTS PARCEL B) THE FOLLOWING EXCEPTIONS AFFECT PARCEL A: ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF STATE PLAT IN SECTION 16, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M. RECORDED UNDER RECORDING NUMBER 3562392. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: INGRESS AND EGRESS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 4847968 TRGC Form No.: 2647 Subdivision Guarantee Page 2 File No.: 40190902-800-T35 Guarantee No.: 40190902-1-E SCHEDULE A (Continued) 6. RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON RECORDED UNDER RECORDING NO. 5243669, RESERVING TO THE GRANTOR ALL OIL, GASES, COAL, ORES, MINERALS, FOSSILS, ETC., AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING THE SAME, AND PROVIDING THAT SUCH RIGHTS SHALL NOT BE EXERCISED UNTIL PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OF SUCH ENTRY. RIGHT OF STATE OF WASHINGTON OR ITS SUCCESSORS, SUBJECT TO PAYMENT OF COMPENSATION THEREFOR, TO ACQUIRE RIGHTS -OF -WAY FOR PRIVATE RAILROADS, SKID ROADS, FLUMES, CANALS, WATER COURSES OR OTHER EASEMENTS FOR TRANSPORTING AND MOVING TIMBER, STONE, MINERALS AND OTHER PRODUCTS FROM THIS AND OTHER LAND, AS RESERVED IN DEED REFERRED TO ABOVE. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: INGRESS AND EGRESS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 6529839 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: INGRESS AND EGRESS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 7212180058 9. MATTERS SET FORTH BY SURVEY: RECORDED: SEPTEMBER 08, 1975 RECORDING NO.: 7509080440 10. MATTERS SET FORTH BY SURVEY: RECORDED: MARCH 07, 1986 RECORDING NO.: 8603079001 AN EASEMENT FOR THIS ENCROACHMENT WAS RECORDED UNDER RECORDING NUMBER 6604080206 11. MATTERS SET FORTH BY SURVEY: RECORDED: MAY 02, 1989 RECORDING NO.: 8905029001 12. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: LAKEHAVEN UTILITY DISTRICT PURPOSE: RIGHT OF WAY FOR WATER FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: FEBRUARY 24, 1995 RECORDING NO.: 9502240773 13. MATTERS SET FORTH BY SURVEY: RECORDED: SEPTEMBER 12, 2003 RECORDING NO.: 20030912900010 14. MATTERS SET FORTH BY SURVEY: RECORDED: NOVEMBER 23, 2004 RECORDING NO.: 20041123900004 TRGC Form No.: 2647 Subdivision Guarantee Page 3 File No.: 40190902-800-T35 Guarantee No.: 40190902-1-E SCHEDULE A (Continued) 15. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TIM W. MCCLINCY, AN UNMARRIED MAN, AS HIS SEPARATE ESTATE TRUSTEE: WFG NATIONAL TITLE INSURANCE COMPANY BENEFICIARY: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING AS A NOMINEE FOR LENDER AND LENDER'S SUCCESSORS AND ASSIGNS PLAZA HOME MORTGAGE INC. ORIGINAL AMOUNT: $136,000.00 DATED: APRIL 01, 2013 RECORDED: APRIL 3, 2013 RECORDING NO.: 20130403000631 THE FOLLOWING EXCEPTIONS AFFECTS PARCEL B: 16. UNDERGROUND UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER AND LIGHT COMPANY, A CORPORATION PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: MAY 01, 1950 RECORDING NO.: 4010777 CONTAINS COVENANT PROHIBITING STRUCTURES OVER SAID EASEMENT OR OTHER ACTIVITY WHICH MIGHT ENDANGER THE UNDERGROUND SYSTEM. 17. RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON RECORDED UNDER RECORDING NO. 4041574, RESERVING TO THE GRANTOR ALL OIL, GASES, COAL, ORES, MINERALS, FOSSILS, ETC., AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING THE SAME, AND PROVIDING THAT SUCH RIGHTS SHALL NOT BE EXERCISED UNTIL PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OF SUCH ENTRY. RIGHT OF STATE OF WASHINGTON OR ITS SUCCESSORS, SUBJECT TO PAYMENT OF COMPENSATION THEREFOR, TO ACQUIRE RIGHTS -OF -WAY FOR PRIVATE RAILROADS, SKID ROADS, FLUMES, CANALS, WATER COURSES OR OTHER EASEMENTS FOR TRANSPORTING AND MOVING TIMBER, STONE, MINERALS AND OTHER PRODUCTS FROM THIS AND OTHER LAND, AS RESERVED IN DEED REFERRED TO ABOVE. 18. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF LAKEHAVEN ADDITION RECORDED UNDER RECORDING NO. 4419136. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 19. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: LAKEHAVEN SEWER DISTRICT, A MUNICIPAL CORPORATION PURPOSE: SEWER MAINS WITH THE NECESSARY APPURTENANCES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: FEBRUARY 17, 1977 RECORDING NO.: 7702170712 TRGC Form No.: 2647 Subdivision Guarantee Page 4 File No.: 40190902-800-T35 Guarantee No.: 40190902-1-E 20. SCHEDULE A (Continued) THE FOLLOWING ITEMS AFFECTS PARCELS A AND B: RECORDED JUDGMENT: AGAINST: TIM W. MCCLINCY IN FAVOR OF: COLLIN CARPENTER, TRISH CARPENTER AND RANDALL V. BROOKS AMOUNT: $844,569.66 PLUS INTERESTS AND FEES, IF ANY KING COUNTY JUDGMENT NO.: 15-9-03773-6 SUPERIOR COURT CAUSE NO.: 13-2-03051-9 ORDER APPOINTING DAVID S. KERRUISH P.S. AS CUSTODIAL RECEIVER UNDER KING COUNTY RECORDING NO. 20150414000077. 21. PENDING PROCEEDINGS IN THE UNITED STATES BANKRUPTCY COURT, KING, WASHINGTON. DEBTOR: TIM W. MCCLINCY TRUSTEE: UNITED STATES TRUSTEE FILED: JANUARY 15, 2016 TYPE OF PROCEEDINGS: CHAPTER 11 CASE NO.: 2:16BK10176 ATTORNEY FOR DEBTOR: STEVEN J. REILLY, THE TRACY LAW GROUP PLLC AND J. TODD TRACY NOTE: ANY TRANSACTION (SALE, ENCUMBRANCE, PURCHASE, ETC.) INVOLVING THE DEBTOR'S REAL ESTATE MUST BE AUTHORIZED BY COURT ORDER. THE COURT ORDER MAY BE SUBJECT TO A 14-DAY APPEAL PERIOD OR A 14-DAY STAY. AS SOON AS POSSIBLE, PROVIDE THIS COMPANY WITH A COPY OF THE COURT ORDER. 22.. RIGHT, TITLE AND INTEREST OF THE SPOUSE OR DOMESTIC PARTNER OF TIM MCCLINCY, IF MARRIED OR A MEMBER OF A DOMESTIC PARTNERSHIP, AND IF SAID PREMISES IS OCCUPIED AS A PRINCIPAL RESIDENCE. TRGC Form No.: 2647 Subdivision Guarantee Page 5 File No.: 40190902-800-T35 Guarantee No.: 40190902-1-E SCHEDULE A (Continued) NOTE 1: IN THE PAST 36 MONTHS, THERE HAVE BEEN NO CONVEYANCES OF RECORD FOR THE PROPERTY DESCRIBED IN SCHEDULE A HEREIN. TITLE WAS ACQUIRED BY DEEDS RECORDED UNDER RECORDING NOS. 20030430005157 (PARCEL A), AND 20080429001987 (PARCEL B). NOTE 2 BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: 1-4 FAMILY RESIDENCE (PARCEL A); VACANT LAND (PARCEL B) KNOWN AS: 33339 18TH AVENUE S FEDERAL WAY, WA 98003 NOTE 3: THE FOLLOWING WILL BE AN ACCEPTABLE ABBREVIATED LEGAL DESCRIPTION FOR THE RECORDING COVER PAGE ONLY, IN COMPLIANCE WITH THE RECORDING STATUTE: PTN LOT 15 STATE PLAT 16-21-4E AND LOT 6 LAKEHAVEN ADD TRS Enclosures: Sketch / Map Vesting Deed All Recorded Exceptions TRGC Form No.: 2647 Subdivision Guarantee Page 6 -"* TITLE ioo' RESOURCES GUARANTY COMPANY File No.: 40190902-800-T35 Subdivision Guarantee Issued By Title Resources Guaranty Company EXHIBIT A LEGAL DESCRIPTION Guarantee No.: 40190902-1-E THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THE SOUTH 50 FEET OF THE WEST 271 FEET OF TRACT 15, STATE PLAT IN SECTION 16, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, AS PER PLAT RECORDED IN VOLUME 41 OF PLATS, PAGE 30, RECORDS OF KING COUNTY AUDITOR; ALSO THE SOUTH 25 FEET OF THE WEST 130.6 FEET OF THE NORTH 360 FEET OF SAID TRACT 15 IN SAID ADDITION. PARCEL B: LOT 6 OF LAKEHAVEN ADDITION, AS PER PLAT RECORDED IN VOLUME 52 OF PLATS, PAGES 63 AND 64, RECORDS OF KING COUNTY AUDITOR; SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON. APN: 7978200075, 4129400030 THE ADDRESS FOR THE EXHIBIT "A" ABOVE IS AS FOLLOWS: 33339 18th Avenue S Federal Way, WA 98003 THE PROPERTY ADDRESS SHOWN ABOVE IS NOT PART OF THE LEGAL DESCRIPTION FOR THE TITLE TO THE LAND TO BE INSURED. TRGC Form No.: 2647 Subdivision Guarantee Page 1 11201 SE 8th ST, Suite 200 Bellevue, WA 98004 C W Phone: (425)896-3897 ' W W W. C W T I T L E .NET Fax: 425) 896-3985 Timothy McClincy* z1z1 4604 NE 4th St Renton, WA 98059 Re: File No.: Title Officer: Reference: Buyer/Borrower(s): Seller(s): Subject Property: NONE SUPPLEMENTAL NO. 1 TITLE COMMITMENT NO. BH 40190902 BH 40190902 Brad Hallstrom Tim McClincy 33339 18th Avenue S, Federal Way, WA 98003 The effective date of the above referenced Subdivision Guarantee is hereby extended to the date of this supplemental subject, however, to any previously issued supplementals and to the addition of the items described above. Dated: August 17, 2017 BH Supplemental Page 1 of 1 11201 SE 8th ST200 Phone; (425)896-3897 Fax: (425) 896-3985 September 12, 2017 Tim McClincy Reference No.(s): Order No.: Updated 40190902-T35 Property Address: 33339 18th Avenue S, Federal Way, WA 98003 Buyer/Borrowers: McClincy In connection with the above referenced Order, enclosed please find the following documentation: • Subdivision Guarantee r r # TITLE RESOURCES GUARANTY COMPAN1 Order No.: 40190902 Updated Subdivision Guarantee Face Page Liability: Charge: Tax: Tota I : Guarantee No.: 40190902 $2,500.00 $ 400.00 $ 40.00 $ 440.00 Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Title Resources Guaranty Company a corporation here in called the Company Guarantees the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Date: April 26, 2017 at 8:00 am Title Resources Guaranty Company By: Executive vice PrCS,dpn soVat,ry TRGC Form No.: 2647 Subdivision Guarantee i Guarantee Conditions and Stipulations (09-12-08) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. TRGC Form No.: 2647 Subdivision Guarantee Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its Options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated he and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. TRGC Form No.: 2647 Subdivision Guarantee 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shalt be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action as such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary. an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. Ail notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 8111 LSJ Freeway, Ste. 1200, Dallas, TX 75251, or trgcclaims@trgc.com. TRGC Form No.: 2647 Subdivision Guarantee TITLE � Y4# RESOURCES GUARANTY COMPANY Order No.: 40190902 1. Name of Assured: Subdivision Guarantee Issued By Title Resources Guaranty Company Schedule A Liability: Charge: Tax: Total: Guarantee No.: 40190902 $2,500.00 $ 400.00 $ 40.00 $ 440.00 Timothy McClincy 2. Date of Guarantee: April 26, 2017 at 8:00 am 3. The assurances referred to on the face page hereof are: a. That, according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Tim Vlf. McClinc . who also appears of record as Timothy Mr -Clingy, as his separate estate C. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. Exceptions: TRGC Form No.: 2647 Subdivision Guarantee Page 1 File No.;- 40190902-800-T35 Guarantee No.: 40190902-1-E SCHEDULE A (Continued) 1. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC 2 3 GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 7978200075 YEAR BILLED PAID BALANCE 2017 $3,737.79 $1,868.90 $1,868.89 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,868.89. LEVY CODE: 1205 ASSESSED VALUE LAND: $76,000.00 ASSESSED VALUE IMPROVEMENTS: $185,000.00 TOTAL ASSESSED VALUE $261,000.00 (AFFECTS PARCEL A) GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 4129400030 YEAR BILLED PAID BALANCE 2017 $ 951.61 $0.00 $951.61 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $951.61. LEVY CODE: 1205 ASSESSED VALUE LAND: $61,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 TOTAL ASSESSED VALUE $61,000.00 (AFFECTS PARCEL B) THE FOLLOWING EXCEPTIONS AFFECT PARCEL A: 4. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF STATE PLAT IN SECTION 16, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M. RECORDED UNDER RECORDING NUMBER 3562392. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 5, EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: INGRESS AND EGRESS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 4847968 TRGC Form No.: 2647 Subdivision Guarantee Page 2 File No.: 40190902-800-T35 Guarantee No.: 40190902-1-E SCHEDULE A (Continued) 6. RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON RECORDED UNDER RECORDING NO. 5243669, RESERVING TO THE GRANTOR ALL OIL, GASES, COAL, ORES, MINERALS, FOSSILS, ETC., AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING THE SAME, AND PROVIDING THAT SUCH RIGHTS SHALL NOT BE EXERCISED UNTIL PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OF SUCH ENTRY. RIGHT OF STATE OF WASHINGTON OR ITS SUCCESSORS, SUBJECT TO PAYMENT OF COMPENSATION THEREFOR, TO ACQUIRE RIGHTS -OF -WAY FOR PRIVATE RAILROADS, SKID ROADS, FLUMES, CANALS, WATER COURSES OR OTHER EASEMENTS FOR TRANSPORTING AND MOVING TIMBER, STONE, MINERALS AND OTHER PRODUCTS FROM THIS AND OTHER LAND, AS RESERVED IN DEED REFERRED TO ABOVE. 7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: INGRESS AND EGRESS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 6529839 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: INGRESS AND EGRESS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 7212180058 9. MATTERS SET FORTH BY SURVEY: RECORDED: SEPTEMBER 08, 1975 RECORDING NO.: 7509080440 10. MATTERS SET FORTH BY SURVEY: RECORDED: MARCH 07, 1986 RECORDING NO.: 8603079001 AN EASEMENT FOR THIS ENCROACHMENT WAS RECORDED UNDER RECORDING NUMBER 8604080206 11. MATTERS SET FORTH BY SURVEY: RECORDED: MAY 02, 1989 RECORDING NO.: 8905029001 12. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: LAKEHAVEN UTILITY DISTRICT PURPOSE: RIGHT OF WAY FOR WATER FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: FEBRUARY 24, 1995 RECORDING NO.: 9502240773 13. MATTERS SET FORTH BY SURVEY: RECORDED: SEPTEMBER 12, 2003 RECORDING NO.: 20030912900010 14. MATTERS SET FORTH BY SURVEY: RECORDED: NOVEMBER 23, 2004 RECORDING NO.: 20041123900004 TRGC Form No.: 2647 Subdivision Guarantee Page 3 File Nor 40190902-800-T35 Guarantee No.: 40190902-1-E SCHEDULE A (Continued) 15. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TIM W. MCCLINCY, AN UNMARRIED MAN, AS HIS SEPARATE ESTATE TRUSTEE: WFG NATIONAL TITLE INSURANCE COMPANY BENEFICIARY: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING AS A NOMINEE FOR LENDER AND LENDER'S SUCCESSORS AND ASSIGNS PLAZA HOME MORTGAGE INC. ORIGINAL AMOUNT: $136,000.00 DATED: APRIL 01, 2013 RECORDED: APRIL 3, 2013 RECORDING NO.: 20130403000631 THE FOLLOWING EXCEPTIONS AFFECTS PARCEL B: 16. UNDERGROUND UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER AND LIGHT COMPANY, A CORPORATION PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: MAY 01, 1950 RECORDING NO.: 40..10 7 7 CONTAINS COVENANT PROHIBITING STRUCTURES OVER SAID EASEMENT OR OTHER ACTIVITY WHICH MIGHT ENDANGER THE UNDERGROUND SYSTEM. 17. RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON RECORDED UNDER RECORDING NO. 4041574, RESERVING TO THE GRANTOR ALL OIL, GASES, COAL, ORES, MINERALS, FOSSILS, ETC., AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING THE SAME, AND PROVIDING THAT SUCH RIGHTS SHALL NOT BE EXERCISED UNTIL PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OF SUCH ENTRY. RIGHT OF STATE OF WASHINGTON OR ITS SUCCESSORS, SUBJECT TO PAYMENT OF COMPENSATION THEREFOR, TO ACQUIRE RIGHTS -OF -WAY FOR PRIVATE RAILROADS, SKID ROADS, FLUMES, CANALS, WATER COURSES OR OTHER EASEMENTS FOR TRANSPORTING AND MOVING TIMBER, STONE, MINERALS AND OTHER PRODUCTS FROM THIS AND OTHER LAND, AS RESERVED IN DEED REFERRED TO ABOVE. 18. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF LAKEHAVEN ADDITION RECORDED UNDER RECORDING NO. 4419136. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 19. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: LAKEHAVEN SEWER DISTRICT, A MUNICIPAL CORPORATION PURPOSE: SEWER MAINS WITH THE NECESSARY APPURTENANCES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: FEBRUARY 17, 1977 RECORDING NO.: 7702170712 TRGC Form No.: 2647 Subdivision Guarantee Page 4 File Nw 40190902-800-T35 Guarantee No.: 40190902-1-E SCHEDULE A (Continued) THE FOLLOWING ITEMS AFFECTS PARCELS A AND B: 20. JUDGMENT: AGAINST: IN FAVOR OF: AMOUNT: ENTERED: KING COUNTY JUDGMENT NO.: SUPERIOR COURT CAUSE NO.: ATTORNEY FOR CREDITOR: ASSIGNEE 21. RECORDED JUDGMENT: AGAINST: IN FAVOR OF: AMOUNT: KING COUNTY JUDGMENT NO.: SUPERIOR COURT CAUSE NO.: RICH MARLOW ALASKA CASCADE FINANCIAL SERVICE $1,934.24 JUNE 05, 2009 09-9-22279-2 09-2-21615-1 ALASKA CASCADE FINANCIAL SERVICE TIM W MCCLINCY TIM W. MCCLINCY COLLIN CARPENTER, TRISH CARPENTER AND RANDALL V. BROOKS $844,569.66 PLUS INTERESTS AND FEES, IF ANY 15-9-03773-6 13-2-03051-9 ORDER APPOINTING DAVID S. KERRUISH P.S. AS CUSTODIAL RECEIVER UNDER KING COUNTY RECORDING NO. 20150414000077. 22, PENDING PROCEEDINGS IN THE UNITED STATES BANKRUPTCY COURT, KING, WASHINGTON. DEBTOR: TIM W. MCCLINCY TRUSTEE: UNITED STATES TRUSTEE FILED: JANUARY 15, 2016 TYPE OF PROCEEDINGS: CHAPTER 11 CASE NO.: 2:16BK10176 ATTORNEY FOR DEBTOR: STEVEN J. REILLY, THE TRACY LAW GROUP PLLC AND J. TODD TRACY NOTE: ANY TRANSACTION (SALE, ENCUMBRANCE, PURCHASE, ETC.) INVOLVING THE DEBTOR'S REAL ESTATE MUST BE AUTHORIZED BY COURT ORDER. THE COURT ORDER MAY BE SUBJECT TO A 14-DAY APPEAL PERIOD OR A 14-DAY STAY. AS SOON AS POSSIBLE, PROVIDE THIS COMPANY WITH A COPY OF THE COURT ORDER. 23.. RIGHT, TITLE AND INTEREST OF THE SPOUSE OR DOMESTIC PARTNER OF TIM MCCLINCY, IF MARRIED OR A MEMBER OF A DOMESTIC PARTNERSHIP, AND IF SAID PREMISES IS OCCUPIED AS A PRINCIPAL RESIDENCE. TRGC Form No.: 2647 Subdivision Guarantee Page 5 File Noe: 40190902-800-T35 Guarantee No.: 40190902-1-E SCHEDULE A (Continued) NOTE 1: IN THE PAST 36 MONTHS, THERE HAVE BEEN NO CONVEYANCES OF RECORD FOR THE PROPERTY DESCRIBED IN SCHEDULE A HEREIN. TITLE WAS ACQUIRED BY DEEDS RECORDED UNDER RECORDING NOS. 20030430005157 (PARCEL A), AND 20080429001987 (PARCEL B). NOTE 2: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: 1-4 FAMILY RESIDENCE (PARCEL A); VACANT LAND (PARCEL B) KNOWN AS: 33339 18TH AVENUE S FEDERAL WAY, WA 98003 NOTE 3: THE FOLLOWING WILL BE AN ACCEPTABLE ABBREVIATED LEGAL DESCRIPTION FOR THE RECORDING COVER PAGE ONLY, IN COMPLIANCE WITH THE RECORDING STATUTE: PTN LOT 15 STATE PLAT 16-21-4E AND LOT 6 LAKEHAVEN ADD TRS Enclosures: Sketch / Map Vesting Deed All Recorded Exceptions TRGC Form No.: 2647 Subdivision Guarantee Page 6 0 N 1� DEPARTMENT OF CONINIMM" DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 CITY OF �w•� 253-835-7000; Fax 253-835-2609 www.ci# aff deralwa .cam Federal Wa'%l DECLARATION OF DISTRIBUTION !, fir,,. IrI. hereby declare, under penalty of perjury of the laws of the State of Washington, that a: �9 Notice of Land Use Application/Action ❑ Notice of Determination of Significarce (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other was ❑ mailed ❑ faxed L� 2017. Project Name ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Pemnit ❑ Adoption of Existing Environmental Document lie -mailed and/or ❑ posted to or at each of the attached addresses on File Number(s) '7 Signature Date . 9 - / y'17 K:\CD Adminislration Files\Declaration of Distribution,doc/Last printed 1 /12/2017 10:33:00 AM 4�� CITY W Federal Way NOTICE OF MASTER LAND USE APPLICATION Project Name: McClincy Short Plat Project Description: Proposed short subdivision of one lot into two lots. Site is zoned RM 1800. Applicant: Timothy McClincy 206-391-8423 1 tiiii(@i-necliticvs.com Location: 33339 181h Ave. S., Federal Way, WA Tax Parcel: 797820-0075 Date of Application: June 26, 2017 Date Determined Incomplete: July 14, 2017 Date Determined Complete: August 28, 2017 Date of Notice of Application: September 15, 2017 Location Map Requested Decision and Other Permits Included with this Application: The applicant requests a short subdivision decision (File #17-102995-00-SU) issued by the Community Development Director pursuant to Federal Way Revised Code (FWRC) Chapter 18.30. Additional permits and/or approvals in conjunction with the short subdivision decision include an Engineering Review (`EN') that is yet to be filed with the city. The department has determined the application is categorically exempt from threshold determination procedures pursuant to State Environmental Policy Act (SEPA) Rules 197-11-800(6)(d). Environmental Documents: Preliminary Technical Information Report Development Regulations Used for Project Mitigation: FWRC Title 16 `Surface Water Management;' Title 18 `Subdivisions;' Title 19 `Zoning and Development Code.' Consistency with Applicable City Plans and Regulations: The project will be reviewed for consistency with all applicable codes and regulations including the Federal Way Revised Code and 2016 King County Surface Water Design Manual as amended by the City of Federal Way, and Public Works Department Development Standards. Public Comment & Appeals: Any person may submit written comments on the short subdivision application to the Community Development Director by October 2, 2017, by 5:00 pm. Only persons who submit written documents to the Director, or specifically request a copy of the original decision prior to the end of the notice period may appeal the Director's decision. Availability of File and Environmental Documents: The official project file and referenced environmental documents are available for public review during normal business hours at the Community Development Department, 33325 8"' Avenue South, 2"d Floor, Federal Way, WA 98003 Staff Contact: Leila Willoughby -Oakes, Associate Planner 253-835-2644 Leila -Willoughby -Oakes cit yoffederalway.com Printed in the Federal Way Mirror September 15, 2017. Doe, I-D. 76545 Tamara Fix From: Linda Mills <Imills@kentreporter.com> Sent: Thursday, September 14, 2017 9:03 AM To: Tamara Fix Subject: Re: Legal Notice - McClincy Hi Tamara, I have received your notice (re: Master Land Use Application) to be published in the Federal Way Mirror on Friday, September 15, 2017. Thank you for the information on the map. Please going forward email the notice as a word doe, something I can copy and paste. When you convert a pdf into recognized text it doesn't always turn out correct. Have a great day, Linda Linda Mills Legal/Public Notice Advertising - Obituary. Representative Auburn, Bellevue, Bothell/Kenmore, Covington/Maple Valley/Black Diamond, Issaquah/Sammamish,Kent, Kirkland, Mercer Island, Redmond and Renton Reporters, Federal Way Mirror, Snoqualmie Valley Record, and Okanogan Valley Gazette -Tribune Direct:253-234-3506 Internal:36027 Fax:253-437-6016 19426 68th Ave. S., Ste A, Kent, WA 98032 Map Print Rates Online Rates Media Kit Sound Info On Thu, Sep 14, 2017 at 8:44 AM, Tamara Fix <Tamari.l--ix(,�citvoffederalwa .com> wrote: Linda, I understand you are the person I send legals to now. FYI, although there is a map included in the notice, it does not get included in the paper version. Please publish the attached legal notice (McClincy Short Plat NOA, 17-102995) in Friday's (9-15-17) issue. Please confirm and issue an affidavit of publication. Thank you, Tamara Fix Administrative Assistant federal Way 33325 8'h Avenue South Federal Way, WA 98003-6325 Phone:253/835-2602 Fax: 253/835-2609 www.cityotTederalw,iy.com 44k Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.citvoffederalway.com DECLARATION OF DISTRIBUTION I, � 414#6 hereby declare, under penalty of perjury of the laws of the State of Washington, that a: C Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document ❑ Other was ❑ mailed ❑ faxed ❑ e-mailed and/or VpXosted to or at each of the attached addresses on 2017. Project Name File Number(s) Signature I:\Declaration of Distdbution.doc/Last printed 8/11 /2017 11:46:00 AM Posted Sites: Federal Way City Hall: 33325 8th Ave Sout Federal Way Library: 34200 1 st Way South Federal Wa 320th Libra : 848 S. 2 th t/ y ry 30 S (atk, 33 3 3 9 [ fl� Lx"ie )Alf - SOIdh ,-�i�(Va.1 Cd� 97it)3 I:\Declaration of Distribution.doc/Last printed 8/11 /2017 11:46*00 AM _11*1k, CITY OF Federal Way NOTICE OF MASTER LAND USE APPLICATION Project Name: McClincy Short Plat Project Description: Proposed short subdivision of one lot into two lots. Site is zoned RM 1800. Applicant: Timothy McClincy 206-391-8423 1 tim &mcclinc s.com Location: 33339 18d' Ave. S., Federal Way, WA Tax Parcel: 797820-0075 Date of Application: June 26, 2017 Date Determined Incomplete: July 14, 2017 Date Determined Complete: August 28, 2017 Date of Notice of Application: September 15, 2017 Location Map Requested Decision and Other Permits Included with this Application: The applicant requests a short subdivision decision (File #17-102995-00-Si) issued by the Community Development Director pursuant to Federal Way Revised Code (FWRC) Chapter 18.30. Additional permits and/or approvals in conjunction with the short subdivision decision include an Engineering Review (`EN') that is yet to be filed with the city. The department has determined the application is categorically exempt from threshold determination procedures pursuant to State Environmental Policy Act (SEPA) Rules 197-11-800(6)(d). Development Regulations Used for Project Mitigation: FWRC Title 16 `Surface Water Management;' Title 18 `Subdivisions;' Title 19 `Zoning and Development Code.' Consistency with Applicable City Plans and Regulations: The project will be reviewed for consistency with all applicable codes and regulations including the Federal Way Revised Code and 2016 King County Surface Water Design Manual as amended by the City of Federal Way, and Public Works Department Development Standards. Public Comment & Appeals: Any person may submit written comments on the short subdivision application to the Community Development Director by October 2, 2017, by 5:00 pm. Only persons who submit written documents to the Director, or specifically request a copy of the original decision prior to the end of the notice period may appeal the Director's decision. Availability of File and Environmental Documents: The official project file is available for public review during normal business hours at the Community Development Department, 33325 8" Avenue South, 2nd Floor, Federal Way, WA 98003 Staff Contact: Leila Willoughby -Oakes, Associate Planner 253-835-2644 1 Leila.W illou hb -Oakes(d)cit offederalwa .com Printed in the Federal Way Mirror September 15, 2017. Doc. I.D. 76545 Leila Willoughby -Oakes From: Leila Willoughby -Oakes Sent: Friday, September 15, 2017 11:05 AM To: 'hansensurvey@comcast.net' Cc: Cole Elliott Subject: RE: McClincy Short Plat (17-102995-SU) Greetings Mr. Cloe, I just wanted to give you a heads up that Tim contacted the Planning Manager yesterday. The preliminary drawing resubmittal was received on Sept. 121h and routed on Sept. 13th for staff review. I would contact Cole Elliott in regards to engineering and if/when construction drawings are needed. If won't be getting to review the applicant until mid next week. The following code section applies to short subdivisions prior to recording: 18.30.300 Reco18.30.280 Improvements — Completion or guarantee. 11 SHARE (1) Prior to recording of the short plat, all surveying and monumentation must be complete. In addition, all other required improvements must be substantially completed with remaining uncompleted improvements consisting only of sidewalks, street lighting, landscaping where applicable, or similar improvements, as determined solely by the departments of community development services and public works. (2) In lieu of the completion of the remaining construction of required improvements, prior to recording of the short plat, the applicant may file a performance bond or other suitable security in a form approved by the city attorney and in an amount to be determined by the director of public works sufficient to guarantee actual construction and installation of such improvements within six months of recording. The amount of the security for completion shall not be less than 120 percent of the estimated cost of such improvements as approved by the public works director. (3) An agreement must be entered into between the developer and the city whereby all remaining improvements shall be completed within six months of entering into the agreement, or the city will have the option of calling the performance security and completing the improvements. (4) The restoration bond, assignment of funds, or cash deposit accepted by the city at the preconstruction stage shall be no less than 120 percent of the cost of temporary erosion control, and those facilities necessary to stabilize the site. (5) Prior to the acceptance by the city of the constructed improvements, the applicant shall file a maintenance bond or other suitable security in a form approved by the city attorney and in an amount to be determined by the director of public works guaranteeing the repair or replacement of any improvement or any landscaping which proves defective or fails to survive within a minimum two-year time period after final acceptance of the improvements or landscaping. Said maintenance bond shall be no less than 30 percent of the estimated cost of all improvements. (Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-108.) rdin� of short plat.iP SHIRE ....................................................................................................................................I........ (1) All short plats approved in accordance with this chapter shall be recorded with the county division of elections and records by the city. All fees for recording shall be paid by the applicant. A copy of the documents stamped with the recording number shall be forwarded to the county department of assessments for assessment purposes. (2) Short plats shall be recorded in the same manner as a survey, consistent with Chapter 58.09 RCW, the Survey Recording Act. (3) All lots, blocks, and streets within a short plat shall be named and/or numbered by the city's building official. (4) Lots within a short plat may not be offered for sale or lease, or title transferred until the short plat has been recorded. (5) No land in a short plat can be divided to create 10 lots in any manner within a five-year period without receiving preliminary and final plat approval. (6) Whenever a survey discrepancy exists (such as a boundary hiatus, an overlapping boundary, or a physical appurtenance) which indicates encroachment, lines of possession, or conflict of title, the discrepancy shall be noted on the face of the short plat and shall also be disclosed in a title report prepared by a title insurer and issued after the filing of the short plat. (Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.190.10, 16.190.20), 2-27-90. Code 2001 § 20-19.) Have a great weekend, Leila From: hansensurvey@comcast.net[mailto: hansensurvey@comcast. net] Sent: Wednesday, July 12, 2017 1:38 PM To: Leila Willoughby -Oakes; tim@mcclincys.com Subject: RE: McClincy Short Plat (17-102995-SU) Thank you so much for the update Leila, PETER J CLOE OWNER IOFFICE MANAGER 4227 S. MERIDIAN STE. C-445 PUYALLUP, WASHINGTON 98373 OFFICE: 425-235-8440 CELL: 253-576-5003 4 SME SURVEYING. LLC dba HANSEN SURVEYING & CONSULTING 4227 5, MEftQf" 9TE, G • 445 WYALLUP. WASHiN=4 8f= PHONE: 425.23$.BW4 / 253.446-2149 hsnsensum-y@comcastnet Confidentiality Notice: This email message, it's content including images and attachments, is for the sole use of the intended recipient(s) and may contain confidential, privileged, or proprietary information that is exempt from disclosure law. Any unauthorized review, use, disclosure or distribution, in part or in full, is prohibited. If you are not the intended recipient, then please immediately and permanently delete/destroy all copies and versions of this email. Contact 4Site Surveying at (253)446-2149 if you have any questions. From: Leila Willoughby -Oakes [mailto:Leila.Willoughby-Oakes@cityoffedera[way.com] Sent: Wednesday, July 12, 2017 10:39 AM To:'tim@mcclincys.com' <tim@mcclincys.com> Cc: 'ha nsensu rvey@comcast. net' <hansensurvev@comcast. net> Subject: McClincy Short Plat (17-102995-SU) Good morning Mr. McClincy, ­� Thank you for your call to the permit center. The application was assigned to me on June 26th and routed. City staff are reviewing your materials for the 28-completeness per the Short Plat minimum submittal requirements and will determine completeness by July 19. After receiving a letter of completeness you may receive follow-up technical review comments per the King County Storm Water Manual (KCSWM) and Federal Way Revised Code (FWRC) Title 18- Subdivisions for your surveyor/consultant to review and respond to. The surveyor/ consultant must resubmit any revisions within 180 days of receiving the review letter. A preliminary approval will be issued when the short plat complies with the codes listed above, followed by final recording with the King County Recorder's office. Please note your BLA application (17-1023403-SU) was cancelled. Kind regards, Leila Willoughby -Oakes L. Willoughby -Oakes Associate Planner nrr w Federal Way 33325 8'h Avenue South Federal Way, WA 98003-6325 Phone:253/835-2644 Fax: 253/835-2609 www.cit,yoffederalway.com CITY OF ti. Federal Way August 28, 2017 Mr. Peter J. Cloe Hansen Surveying & Consulting 4227 South Meridian, Suite C-445 Puyallup, WA 98373 LL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com Jim Ferrell, Mayor Emailed: liaiisciistiiiev@cotiicast.net File 417-102995-00-SU; NOTICE OF COMPLETE APPLICATION & TECHNICAL REVIEW McClincy Short Plat, 33339 18`h Avenue South, Federal Way Dear Mr. Cloe: The Community Development Department is in receipt of your July 21, 2017, short plat resubmittal initially received June 22, 2017. Pursuant to Federal Wary Revised Cocle (FWRC) 18.20.030 "Short Subdivision Plats," the city has 28 days to determine whether an application is complete or incomplete. On July 14, 2017, the Public Works Development Services and Community Development Planning Divisions deemed the 2-lot short plat proposal was incomplete per Bulletin #010 `Short Subalivision Submittal Requirements.' The project is being reviewed under the provisions of Federal Way Revised Code (FWRC) 18.30 "Short Subdivision Plats," and FWRC 19.205 "Multifamily Residential" zoning district provisions. NOTICE OF COMPLETE APPLICATION Please consider this correspondence a formal Letter of Complete Application. The Process III MLU application is deemed complete as of August 28, 2017. This determination of completeness is based on a review of your submittal relative to requirements referenced within Bulletin No. 010 Short Plat Submittal Requirements. A 120-dav time line for reviewing the short plat application has started as of this date. The city's development regulations allow the department 120 days from the date that an application is deemed complete to take action on the application. However, the 120-dav timeline will be stopped any time the city requests corrections and/or additional information during the project review. TECHNICAL REVIEW in order foryour application to receive Community Development Director administrative approval, the following items must be provided to the city. South King- Fire & Rescue— Chris Cahan, Chris.Cahai)(ar.sontlikinufii-E.oi- , 253-946-7423 1. As the proposal does not include a turn -around, the applicant is to provide sprinklers on the new eastern lot as a condition of the approval. 2. Please contact me directly if You have further questions. Mr. Cloe August 28.2017 Page 2 Lakehaven Wader and Server District— Brian Asbury, b.►sburvtllakehaven.or� 1. Applicant to install water and sewer stubs. 2. There is an existing sewer manhole located on what will be the southwest corner of the new eastern lot in the 2-lot short plat. 3. Although there are no water or sewer services installed at present and available for services to the eastern lot — there is no right of way or other off -site work required to facilities the installation of services. 4. As a condition of the forthcoming preliminary short plat approval- the applicant shall install all water and sewer service stubs for each new lot prior to recording the short plat drawing. 5. While there are no water or sewer service stubs installed or available for the eastern lot you may opt to modify the requirement above if approved/accepted by the City of Federal Way. To discuss further please contact me Brian Asbury, Development Engineering Supervisor and Cole Elliott, Public Works Development Services Manager directly. Development Services Division — Cole Elliott, 253-835-2730, tole.elliottOcityot'fetler tiNvay.com • Development Services forwarded comments to the applicant on July 27, 2017, by email, Planning Division — Leila Willoughby -Oakes, 253-835-2644, Leila.Willoualibv- Oakes;a)ci tvof€e(terahvay.com 1. Please find the enclosed short plat drawing corrections. 2. The applicant has satisfied the preliminary clearing, grading, tree/vegetation plan requirement. 3. List the application file number and name the short plat. No plat name reservation certificate is required. 4. Please complete all items outlined in Bulletin #010 - Short Plat Submittal Checklist requirements and as redlined: a. Label the addresses of abutting properties where applicable. b. Label the Comprehensive Plan designations on each abutting property. CLOSING Please resubmit three copies of the revised plans and requested materials with the enclosed green resubmittal form to the Permit Center. The review clock for processing your formal application has started. Should you have any questions about this letter please contact Associate Planner Leila Willoughby -Oakes at 253-835-2644 or l..eilci.Wil€o.ugltby-Oakes�citvoffederalwtty.ccim. For specific technical review questions, please contact the reviewer listed in each section. Sincerely, 4s�� Leila Willoualiby-Oakes Associate Planner enc. C. Resubmittal Form Recording Standards Drawing Corrections Cole Elliott_ Development Services Manager Robert -Doc' Hansen. Plannin- Manager Brian Asbury. Lakehaven Water and Sewer District Chris Cahan. South Kino Fire and Rescue Tim McClincy. Emailed: IhMirmcclinns.com (w/encl. via ernail) 17-10`195-00-SI.' Doc I D 76461 CITY OF Federal Way July 14, 2017 Mr. Peter J. Cloe Hansen Surveying & Consulting 4227 South Meridian, Suite C-445 Puyallup, WA 98373 hansens om t.ne Re: File #17-102995-00-SU; INCOMPLETE APPLICATION McClincy Short Plat, 333918th Avenue South, Federal Way Dear Mr. Cloe: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. com Jim Ferrell, Mayor FILE The Community Development Department is in receipt of your June A 2017, two -lot short plat request. Pursuant to Federal Way Remised Code (FWRC) 18.20.030, "Short Subdivision Plats," the city has 28 days to determine whether an application is complete. The project is being reviewed under the provisions of FWRC 18.30, "Short Subdivision Plats," FWRC 19.145, "Environmentally Critical Areas," and FWRC 19,205, "Multifamily Residential (W." INCOMPLETE APPLICATION e following items were found to be missing or incomplete by the During the course of the city's review, th Planning and Public Works Development Services Divisions. In order for your application to be considered complete and ready for processing, the items below must be provided. The short subdivision applications must at the minimum provide the information contained within City of Federal Way Department of Community Development Bulletin No. 010, "Short Subdivision Submittal Requirements. " P1,7nningDivision —Leila WilIoughby-Dakes, 253-835-2644, Ieila.willoughby-oakes �cit rho ederal�ray7 Corn Provide a preliminary clearing, grading, and tree/vegetation plan pursuant to FWRC 19.120.040. This plan shall include a tree survey and retained and/or tree(s) proposed for removal. Multi -family zones require a minimum of 30 tree units per acre. Development Services Division —Cole Elliott, 253-835-2730, cole.eliiott citvoffederalway.com 1. Two copies of a title report for the subject property, prepared within 30 days, including any easements or restrictions affecting the property with a description, purpose, and reference by auditor's File number and/or recording number. Doc. I.D. 76198 File 17-102995-00-SU Mr. Peter J. Cloe Page 2 of 2 July 14, 2017 2. Preliminary engineering drawings (separate from the short plat drawings). 3. Two copies of the preliminary Technical Information Report (TIR) report. 4. Submit a short subdivision drawing pursuant to page 4 minimum requirements (see enclosed bulletin). The applicant piovided "one set of reproducible mylar drawings required after the short plat is approved." CLOSING Please resubmit the requested materials with the enclosed resubmittal form to the Permit Center. After receipt of the requested information noted in the incomplete application section of this letter, the department will notify you within 14 days if your application is considered complete or what, if any, information is still needed. The review clock for processing your formal application will not begin until all items are submitted. Pursuant to FXRC 18.05.080.1, if an applicant fails to provide additional information to the city within 180 days of being notified that such information is requested, the application shall be deemed null and void and the city shall have no duty to process, review, or issue any decisions with respect to such an application. A code -related review will occur after a complete application has been submitted. Should you have any questions about this letter please contact me at leila.willou libv-Oakes cl oftederalway.corn or 253-835- 2644, or the staff member listed. Sincerely, Leila Willoughby -Oakes Associate Planner enc: Resubmittal Form Bulletin 020, "Short Plat Submittal Requirements" Bulletin 069, "Tree and Vegetation Retention Requirements" King County Minimum Recording Requirements c: Cole Elliott, Development Services Manager Sarady Long, Senior Transportation Planning Engineer Chris Cahan, South King Fire & Rescue Tim McClincy, Emailed: tim@mcdiners.com (Owner) File 17-102995-00-SU Doc. I.D. 76198 CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: July 5, 2017 TO: Cole_ Elliott, Development Services Manager Peter Lawrence, Plans Examiner Rick Perez, City Traffic Engineer Brian Asbury, Lakehaven Water & Sewer District Chris Cahan, South King Fire & Rescue FROM: Leila Willoughby -Oakes, Planning FOR DRC MTG. ON: Internal Completeness Review- July 20, 2017 _ter FILE NUMBER(s): 17-102995-00-SU RELATED FILE NOS.: 17-102303-00-SU (Cancelled BLA; Duplex SFR PROJECT NAME: McClincy Short Plat PROJECT ADDRESS: 33339 18th Avenue South ZONING DISTRICT: RM 1800 PROJECT DESCRIPTION: Proposal to divide one parcel zoned multi -family into 2 buildable lots. Applicant previously submitted a BLA resulting split zoning. BLA application withdrawn per Planning Manager. Split -zoning would entail a re -zone and council approval required for rezones. LAND USE PERMITS: Short Plat PROJECT CONTACT: Bryan Robert Shaw 4227 S Meridian Suite C-445 Puyallup WA hansensurvev@comcast.net MATERIALS SUBMITTED: Short Plat Drawing Lot Closures Site Photos Title Report Water and Sewer Certificates of Availability 20329 SP CLOSURES BOUNDARY Course Bearing Distance PT# Northing Easting Description 518 6722.1156 5653.9948 CLS BDY 518-519 N 00014'14" E 75.0000 519 6797.1150 5654.3054 CLS BDY 519-520 S 89013'33" E 130.5100 520 6795.3516 5784.8034 CLS BDY 520-521 S 00014' 14" W 25.0000 521 6770.3518 5784.6999 CLS BDY 521-522 S 89013'33" E 140.5100 522 6768.4534 5925.1971 CLS BDY 522-523 S 00014'14" W 50.0000 523 6718.4538 5924.9901 CLS BDY 523-524 N 89013'33" W 271.0200 524 6722.1156 5653.9948 CLS BDY Closure error distance> 0.0000 Error Bearing> N 90°00'00" E Closure Precision> 1 in 692039999984.6 Total Distance Traversed> 692.0400 AREA = 16,813 SQ.FT. LAl-T 20329 SHORT PLAT LOT CLOSURES NEW LOT 1 Course Bearing Distance PT# Northing Easting Description 532 6726.2054 6071.2490 CLS NEW LOT 1 532-533 N 00014'14" E 75.0000 533 6801.2048 6071.5595 CLS NEW LOT 1 533-534 S 89013'33" E 130.5100 534 6799.4414 6202.0576 CLS NEW LOT 1 534-535 S 00014'14" W 25.0000 535 6774.4416 6201.9541 CLS NEW LOT 1 535-536 S 89013'33" E 16.0100 536 6774.2253 6217.9626 CLS NEW LOT 1 536-537 S 00014'14" W 50.0000 537 6724.2258 6217.7556 CLS NEW LOT 1 537-538 N 89013'33" W 146.5200 538 6726.2054 6071.2490 CLS NEW LOT 1 Closure error distance> 0.0000 Error Bearing> N 90°00'00" E Closure Precision> 1 in 154,043,282,696,415.6 Total Distance Traversed> 443.0400 AREA = 10,588 SQ.FT. 20329 SP LOT CLOSURES NEW LOT 2 Course Bearing Distance PT# Northing Easting Description 539 6724.7198 6384.2704 CLS NEW LOT 2 539-540 N 00014'14" E 50.0000 540 6774.7194 6384.4774 CLS NEW LOT 2 540-541 S 89013'33" E 124.5000 541 6773.0372 6508.9661 CLS NEW LOT 2 541-542 S 00014'14" W 50.0000 542 6723.0376 6508.7590 CLS NEW LOT 2 542-543 N 89013'33" W 124.5000 543 6724.7198 6384.2704 CLS NEW LOT 2 Closure error distance> 0.0000 Error Bearing> N 90°00'00" E Closure Precision> 1 in 63954926348970.7 Total Distance Traversed> 349.0000 AREA = 6,225 SQ.FT. gOB?& LANV E 0,Lakehaven ,WATER & SEINER DISTRICT Lakehaven Water & Sewer District - Development Engineering Section 31623 - 1st Ave S * PO Box 4249 * Federal Way, WA 98063-4249 Telephone: 253-945-1581 or 253-945-1580 * Email: DE@Lakehaven.org This certificate is intended to provide the applicant, land use agencies &/or public health departments With information necessary to evaluate development proposals. Lakehaven Water & Sewer District, at its sole discretion, reserves the right to delay, or deny, water service based upon capacity &/or supply limitations in Lakehaven's or Other Purveyor's system facilities. Proposed Land Use: ❑ Building Permit-SFR ❑ Building Permit-MFR ❑ Building Permit -Other ❑ Subdivision ® Short Subdivision (2) ❑ Binding Site Plan ❑ Rezone ❑ Boundary Line Adjustment ❑ Other (specify/describe) Tax Parcel Number(s): 7978200075 Site Address: 33591 - 18th Ave S Lakehaven GIS Grid: K-10 Ex. Bldg. Area to Remain: 2.180 sf New Bldg, Area Proposed: UNKNOWN sf Applicant's Name: McClincv WATER SY T M INFORMATION 1. ® Water service can be provided by service connection to an existing 8" diameter water main that is on the site. 2. ❑ Water service for the site will require an improvement to Lakehaven's water distribution system of: ❑ a. feet of " diameter water main to reach the site; and/or ❑ b. The construction of a water distribution system on the site; and/or ❑ c. A major portion of Lakehaven's comprehensive water system plan would need to be implemented and/or constructed; and/or ❑ 3. ® d. a. Other (describe): The existing water system is in conformance with Lakehaven's Comprehensive Water System Plan. ❑ b. The exlsting water system is not in conformance with Lakehaven's Comprehensive Water System Plan and an Amendment to this Plan will be required. This may cause a delay in issuance of land use approvals or permits. 4. ® a. The subject property is within the corporate limits of Lakehaven Water & Sewer District, or has been granted Boundary Review Board approval for extension of water service outside of Lakehaven's water service area. ❑ b. Annexation or Boundary Review Board approval will be necessary to provide service. 5. Water service is subject to: ® a. Payment of connection charges (to be determined by Lakehaven, for any new/modified service connection); ® b. Proof or reservation of easement(s) as required by Lakehaven; ® c. Other: Water S I Coonecton required for any n w modifie rvlc c nn _ io e. New Lo Comments/special conditions: Care shall be tak n to avoid Cricroachment upon existing water Wor sewer mains, ❑r assoclated easements on the Site. The site New Lot A has an exists 80 os ootentlal. Pressure Rev Va ve o n ac b i in fficial For reguiremeRts Wor additional information. The nearest fire hydrant is approximately 5+ - feet from the Pro (as marked on map on the back of this page). Fire Flow at no less than 20 psi available within the water distribution system is 1,000 GPM (approximate) for two (2) hours or more. This flow figure depicts the theoretical performance of the water distribution system under high demand conditions. Fire flow rates greater than this may be accommodated through water distribution system improvements, contact Lakehaven for additional information. 538 Pressure Zone Est, Ex. Meter Elevation-GIS: 349+/- Est. Pressure Range at Ex. Meter (psi): Min. 73, Max. 81 I hereby certify that the above water system information is true. This certification shall be valid for one (1) year from the date of signature. Name: BRIAN ASBURY Title: DEVELOPMENT ENGINEERING SUPERVISOR 4-5--t& - Date: 4Signature:.,=yam -- 7978200075 wtr.docx (Form Update 1/3/17) Page 1 of 2 7978200075 wtr.docx (Form Update 1/3/17) Page 2 of 2 Lakehaven WATER & SEWER DISTRICT Lakehaven Water & Sewer District a Development Engineering Section 31623 - 1st Ave S # PO Box 4249 Federal Way, WA 98063-4249 Telephone: 253-945-1581 or 253-945-1580 Email: DE@Lakehaven.org This certificate is intended to provide the applicant, land use agencies &/or public health departments with information necessary to evaluate development proposals. Lakehaven Water & Sewer District, at its sole discretion, reserves the right to delay, or deny, sewer service based upon capacity &/or supply limitations in Lakehaven's or Other Purveyor's system facilities. Proposed Land Use: ❑ Building Permit-SFR ❑ Building Perrnit-MFR ❑ Building Permit -Other ❑ Subdivision ® Short Subdivision (2) ❑ Binding Site Plan ❑ Rezone ❑ Boundary Line Adjustment ❑ Other (specify/describe) Tax. Parcel Number(s): 7978200075 Site Address: 33501 — 18th �_.ve 5 Lakehaven GIS Grid: K-110 Ex. Bldg. Area to Remain: 2.180 sf New Bldg. Area Proposed: UNKNOWN sF Applicant's Name: hlcCli, _ SEWER!SYSTEM MFORMATI 1. Sewer service can be provided by service connection to an existing Bf diameter sewer main that is on the site and the sewer system has the capacity to serve the proposed land use. 2, Q Sewer service for the site will require an Improvement to Lakehaven's sanitary sewer system of: ❑ a. _ _ feet of "_ diameter sewer rnain or trunk to reach the site; and/or ❑ b. The construction of a sanitary sewer collection system on the site; and/or ❑ C. A major portion of Lakehaven's comprehensive wastewater system plan would need to be implemented and/or constructed; and/or ❑ d, other (describe): .... ........ • 3. ® a. The existing sewer system is in conformance with Lakehaven's Comprehensive Wastewater System Plan. ❑ b. The existing Sewer system is not in conformance with Lakehaven's Comprehensive Wastewater System Plan and an Amendment to this Plan will be required. This may cause a delay in issuance of land use approvals or permits. 4. ® a. The proposed site land use is within the corporate limits of Lakehaven Water & Sewer District, or has been granted Boundary Review Board approval for extension of sewer service outside of Lakehaven's sewer service area. ❑ b. Annexation or Boundary Review Board approval will be necessary to provide service. 5. Sewer service is subject to: ® a. Payment of connection charges (to be determined by Lakehaven, for any new/modified service connection); ® b. Proof or reservation of easement(s) as required by Lakehaven; ® C. Other:Service CorLnection Permit i nttwLonft 2). a fo ri e t r it d across W cornerf New Lot 2 forReser benefit f axis In se rvic line/conae_c_tion-for_Ngy��-Lot 1, Comments/special conditions: Care shall bie taken to avoidr hm n Lloon existing water or sewer mains r associated ease nts on t he site. I hereby certify that the above sewer system information is true, This certification shall be valid for one (1) year from the date of signature. Name: BRIAN ASBt1RY Title: DEVELOPMENT ENGINEERING SUPERVISOR Signature: Date: 5 ' 7978200075 swr.docx (Forrn Update 1/3/17) Page 1 of 2 40TE: LzkehwrL-n Water and sfilser Sewer CertifcateofAvailability District .nekher warrants nor guarartees Marcel 7978200075 the accuracy of any facility infonnation prow Bed. Facility lotions and conditions are subject to f ie Id veriFic ation. feel Q1502017 StA 7978200075 swr.docx (Form Update 1/3/17) Page 2 of 2 6 Lakehaven WAFTER & SEWER DISTRICT Lakehaven Water & Sewer District - Development Engineering Section 31623 - 1st Ave S PO Box 4249 Federal Way, NIA 98063-4249 Telephone: 253-945-1581 or 253-945-1580 Email: DE@L.akehaven.org This certificate is intended to provide the applicant, land use agencies &/or public health departments with information necessary to evaluate development proposals. Lakehaven Water & Sewer District, at its sole discretion, reserves the right to delay, or deny, water service based upon capacity &/or supply limitations in Lakehaven's or Other Purveyor's system facilities. Proposed Land Use: ❑ Building Permit-SFR ❑ Building Permit-MFR ❑ Building Permit -Other ❑ Subdivision ® Short Subdivision (2) ❑ Binding Site Plan ❑ Rezone ❑ Boundary Line Adjustment ❑ Other (specify/describe) Tax Parcel Number(s): 797820GQ75 Site Address: 33501 - 18th Ave 5 Lakehaven GIS Grid: K-10 Ex. Bldg. Area to Remain: 2. sfsf New Bldg. Area Proposed: UNKNOWN sf Applicant's Name: McClincv WATER SYSTEM INFORMATIaIN 1. E Water service can be provided by service connection to an existing F" diameter water main that is on the site. 2. ❑ Water service for the site will require an improvement to Lakehaven's water distribution system or: ❑ a, feet of " diameter water rnain to reach the site; and/or ❑ b. The construction of a water distribution system on the site; and/or ❑ c. A major portion of Lakehaven's comprehensive water system plan would need to be implemented and/or constructed; and/or ❑ d. Other (describe): 3. ® a. The existing water system is in conformance with Lakehaven's Comprehensive Water System Plan. ❑ b. The existing water system is not in conformance with Lakehaven's Comprehensive Water System Plan and an Amendment to this Plan will be required. This may cause a delay in issuance of land use approvals or permits. 4. El a. The subject property is within the corporate limits of Lakehaven water & Sewer District, or has been granted Boundary Review Board approval for extension of water service outside of Lakehaven's water service area. ❑ b. Annexation or Boundary Review Board approval will be necessary to provide service. S. Water service is subject to: ® a. Payrnent of connection charges (to be determined by Lakehaven, for any new/modified service connection); ® J. Proof or reservation of easement(s) as required by Lakehaven; ® c. Other: Water Service Connection re wired For any new1modifled service connection i.e.New Lo 2 . Comments/special conditions: Care shall be taken to avoid croachment u on existin wa er Wor sewer mai s fi< or associated easements on the site. The site(New Lot A has an existing S "x3 4" meter Svc 87). ervice pressure greater than 83 psi potential. Pressure Reducina Valve(s) not ntial, contact_local bulldina_official for reQuirements ficfor additional Oformation. The nearest fire hydrant is approximately 5-r - feet from the Progerty (as marked on map on the back of this page). Fire Flow at no less than 20 psi available within the water distribution system is 1 OOU GPM (approximate) for two (2) hours or more. This flow figure depicts the theoretical performance of the water distribution system under high demand conditions. Fire flow rates greater than this may be accommodated through water distribution syst-enri improvements, contact Lakehaven for additional information. 538 Pressure Zone Est. Ex, Meter Elevation-GIS: 349+/- Est. Pressure Range at Ex. Meter (psi): Min. 73, Max. 81 I hereby certify that the above water system information is true. This certification shall be valid for one (1) year from the date of signature. Name: BRIAIV i4S9URY Title: DEVELOPMENT ENGINEERING 5U_P.ERVISO_R. Signature: ,_� r ►� Date: L 79782DO075 wtr.docx (Form Update 1/3/17) Page 1 of 2 v 7978200075 wtr.docx (Form Update 1/3/17) Page 2 of 2 UPS 5r I �mqw*T :-77" 4S� > NE 4F-47 4L P46 r 410 AL4r 0 P.. FA l June 19, 2017 City of Federal Way RE: Technical Information Report (TIR) Please Note: As part of my short plat application package please not the following: A storm water Technical Information Report (TIR) was not prepared for this short plat application. At the time a land use or building permit application is submitted for development on the lot(s), a TIR (if applicable) will be prepared and submitted. Respectfully, Tim McClincy 40k CITY Federalo, Way APPLICATION NO(s) Project Name RESU POITTED JUN 2 Z Z,017 MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT CITY OF FEo;FL L WAY 33325 81h Avenue South COMtvlUMTY LEVELOPMENT Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 wu w.citvoffederalway.cum i_?-1DT�c75-00^SCA Property Address/Location Parcel Number(s) Project Description PT .F A P.W. PRTNT Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information Zoning Designation Comprehensive Plan Designation Value of Existing Improvements Value of Proposed Improvements International Building Code (IBC): Occupancy Type Construction Type n,, o,,. G�Ii51r� l Applicant Name: �► yl ChihG� Address: Dq r J e- City/State: i2.em tv^- Zip: (j Phone: Fax: Email: h, Signature:, r _ n Agent (ifdiffelenl than Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Owner Name: -Ti—m �AC CrJ l n Address: g q N6City/State:k)n (JA— c Phone: 0 R� Fax: �[ �j ' ]lo at q Email: 1►'l �C./�S [�L� Signature:: ��r' A ,, ,�1 Bulletin #003 — January 1, 2011 Page 1 of 1 Land Use Application e tiR ,Rk hn