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15-101782a May 8, 2015 Jim Ferrell, Mayor Becky Todd Lexcom 617 8�' Avenue South Seattle, WA 98104 RE: File #15-101782-00-UP; PROCESS II APPROVAL —'SITE PLAN REVIEW' SEA Redondo/Verizon, 29205 181b Avenue South, Federal Way Dear Ms. Todd: The Community Development Department has completed review of your Process II Master Land Use application. You have proposed to install a new Personal Wireless Facility (PWSF) and ground equipment expansion to an existing monopole. Your application is hereby approved per the findings noted below. Be advised, work cannot begin until you receive building and electrical permits. FINDINGS OF FACT 1. Project Description — Applicant proposes to collocate a new PWSF facility on an existing monopole at the Puget Sound Energy (PSE) transfer station property at the above -mentioned location. The proposal includes installation of 12 new panel antennas, four (4) per sector,.new concrete slab, ground equipment, and landscaping. The new Verizon antenna array will be the third facility on the monopole. 2. Prioritized Locations — Applicant proposes PWSF improvements on an "existing broadcast, relay and transmission towers" or the second prioritized location set forth in FWRC 19.255.010(4). The highest prioritized location is not feasible as structures in the BPA trail are far away from the service area needed to service customers along SR99 in the Redondo neighborhood and shopping areas. Staff finds the applicant has met the burden to utilize the second prioritized location. Facility — The existing and proposed facility exceeds microcell and minor facility thresholds defined in FWRC 19.05.130. Facilities exceeding such thresholds may be permitted if: (1) adverse visual impacts are not created; (2) equipment cabinets meet adopted development standards; and (3) the number of antennas and their size are appropriate for the location. All three criteria have been met as further analyzed in this document's findings and as depicted in the submitted elevation drawings and photosimulations. Cumulative Effects — The City must consider the cumulative visual effects of PWSFs mounted on existing structures and/or located on a given permitted site in determining whether permits may be granted so as to not adversely affect the visual character of the City. As shown on the site plan, elevations, and photos, the addition of the 12 antennas, four (4) per sector and cabinet equipment will not adversely affect the visual character of the City and there is no proposed height increase. The antennas will be painted to match the existing structure and located furthest from the residential uses. 33325 8th Avenue South, Federal Way, WA 98003-6325 (253) 835-7000 9 www.cityoffederalway.com Ms. Todd May 8, 2015 Page 2 As proposed, the new array is located and designed to minimize visual and aesthetic impacts to surrounding properties. 5. Ground Equipment — An 18' x 26' 6" sq. ft. expansion is proposed to the existing ground lease area. A new concrete slab and equipment cabinets are proposed. The area will be screened by a six-foot chain link fence with privacy slats. Landscaping will be expanded around the exterior of the fence to screen the cabinets from the right-of-way and neighboring properties. The ground equipment meets all setback requirements. CONCLUSIONS OF LAW 1. The proposed improvements are not exempt from Use Process review as they do not meet criteria set forth in FWRC 19.15.020, Exceptions. 2. Process H "Site Plan Review" is the appropriate Master Land Use application as it is a new PWSF collocation located within 300 feet of a residential zone and subject to FWRC 19.220.120. 3. The proposed improvements are exempt from State Environmental Policy Act review as the scope of work meets categorical exemption WAC 197-11-800(25)(a)(i), collocation of new equipment that does not substantially change the physical dimension of such structure. 4. The Federal Way Comprehensive Plan and zoning designation for the subject property is Community Business (BC). Pursuant to FWRC 19.220.120, PWSFs are a permitted use in BC zones. 5. The proposed improvements meet Process II site plan criteria set forth in FWRC 19.60.050 and FWRC Chapter 19.255 `Personal Wireless Service Facilities.' 6. Building and electrical permit approval is required prior to constructing the improvements as the proposed alterations are subject to applicable regulations set forth in FWRC Title 13 `Buildings.' PERMIT ISSUANCE REQUIRED Prior to any site work, the applicant shall obtain a building and electrical permit from the city's Building Department. For further information regarding the building or electrical permits, please contact the department's Permit Center at perrnitcentg@,—c:iiyoffedei-alwgy.com ciiyoffedei-alway.com or 253-835-2607. APPEALS The effective date of this decision is May 11, 2015, or three days after the date of this letter. Pursuant to FWRC 19.55.050, any person who commented on the application or requests a copy of this administrative decision may appeal the decision to the Federal Way Hearing Examiner by May 25, 2015. Any appeal must be in the form of a letter delivered to the Department of Community Development with the established fee. The appeal letter must contain a clear reference to the matter being appealed and a statement of the alleged errors in the Director's decision. No work on the proposal can commence until the end of the appeal period. In that you are the only party of record, your appeal period is waived (assuming you do not wish to appeal this decision). Waiver of the right to appeal does not affect the effective date of this decision. Work on the site may not commence until you have been issued the appropriate building and electrical permit. 15-101782 Doa LD. 69316 Ms. Todd May 8, 2015 Page 3 CLOSING This Process II approval is valid for five years from the effective date of this decision. If no further action is taken within five years, this decision will expire. A two-year extension of time may be granted only if a written request is submitted to the City's Department of Community Development at least 30 days prior to the expiration of the decision. This land use decision does not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. This Process II approval does not constitute building or electrical permit approval. If you have any questions regarding this decision, please contact Becky Chapin, Associate Planner, at 253-835-2641, or becky.chapin@cityoffederalway.com. 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M King County d[h `T9 map NJ 011PI)IOILS map i -W prrJ11bilall iax= L Date 3i30/2015 Source: King County WAP - Property information (h[1p llwww metrokc gov/GIS/iMAP) FirstArnerican FirstAmerican Title Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn - (206)728-0400 (800)826-7718 Fax - King County Title Team 818 Stewart St, Ste. 800, Seattle, WA 98101 Fax No. (866) 904-2177 Fax No. (866) 561-3729 EMAIL: TITLEKINGWA@firstam.com Pat Fullerton (206) 615-3055 Kelly Cornwall (206) 336-0725 Jennifer Salas (206) 615-3011 Peter Child (206) 336-0726 Kathy J. Turner (206) 336-0724 Curtis Goodman (206) 615-3069 Municipality Title Officer To: Lexcom Development File No.: 4209-2315444 617 Sth AVE S Your Ref No.: SEA Redondo Seattle, WA 98104 Attn: Misty DeFord Re: Property Address: 29205 18th Ave S, Federal Way, WA 98003 Supplemental Report 1 Dated: February 13, 2015 at 8:00 A.M. Commitment/Pre/iminary Report No. 4209-2315444 dated as of September 09, 2014 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: There has been no change in the title to the property covered by our Commitment/Preliminary Report dated 08/28/2014 at 7:30 a.m. except as noted below and the Commitment date has been extended to February 13, 2015: Paragraph no.(s) 1 of our Commitment/Preliminary Report has/have been eliminated. Page 1 of 2 Date: February 19, 2015 File No.: 4209-2315444 (ceg) The following paragraph no(s). 9 has/have been added to our Commitment/Preliminary Report to read as follows: 9. Special Taxes for the year 2015. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 304020-0065-04 1st Half Amount Billed: $ 174.12 Amount Paid: $ 0.00 Amount Due: $ 174.12 Assessed Land Value: $ 0.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 174.12 Amount Paid: $ 0.00 Amount Due: $ 174.12 Assessed Land Value: $ 0.00 Assessed Improvement Value: $ 0.00 FirstAmerican Title Insurance Company f A36(1�� Curtis Goodman, Title Officer Page 2 of 2 First American Title 1. (WA) Recorded Document Guarantee -N Recorded Document Guarantee Guarantee No.: 2315444A Guarantee Forth No. 27 (5/16/90) Page No. 1 GUARANTEE Issued by First American Title Insurance Company 818 Stewart St, Ste 800, Seattle, WA 98101 Title Officer.- Curtis Goodman Phone: (206)728-0400 FAX., firstAmerlcan Tide First American Title I First American Title Recorded Document Guarantee Guarantee Form No. 27 (5/16/90) First American Guarantee No.: 2315444A Page No. 2 First American Tit/e Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn - (206)728-0400 (800)826-7718 Fax - King County Title Team 818 Stewart St, Ste. 800, Seattle, WA 98101 Fax No. (866) 904-2177 Fax No. (866) 561-3729 EMAIL: TITLEKINGWA@firstam.com Pat Fullerton (206) 615-3055 Kelly Cornwall (206) 336-0725 Jennifer Salas (206) 615-3011 Peter Child (206) 336-0726 Kathy J. Turner (206) 336-0724 Curtis Goodman (206) 615-3069 Municipality Title Officer RECORDED DOCUMENT GUARANTEE LIABILITY: $ 1,000.00 ORDER NO.: 2315444A FEE: $ 100.00 YOUR REF.: 29205 18th Avenue South, Federal Way SALES TAX $ 9.50 First American Title Insurance Company a Corporation, herein called the Company Subject to the terms and provisions of the application for this Guarantee and the Liability Exclusions and Limitations set forth below in Schedule A. GUARANTEES Lexcom Development and Verizon Wireless herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. 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. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. FirstAmencan Title First American Title First American Title Recorded Document Guarantee Guarantee Form No. 27 (5/16/90) Guarantee No.: 2315444A Page No. 3 3. In order for the Guarantee to be valid and effective, the application and agreement for the issuance of a Recorded Document Guarantee executed by the Assured and each document referred to in Schedule A as an exception must be attached hereto. Dated: September 08, 2014 at 7:30 A.M. FirstAmerican Title First American Title First American Title Recorded Document Guarantee Guarantee Form No. 27 (5/16/90) SCHEDULE A The assurances referred to on the face page are: Guarantee No.: 2315444A Page No. 4 That according to the Company's title plant records and those records maintained by the County Recorder known as the Grantee/Grantor indices since January 1, 1984, relative to the following described real property (but without examination of those company title plants maintained and indexed by name), there are no Deeds, contracts or leases or subleases (hereinafter documents) describing said real property or any portion thereof, other than those shown below under Exceptions, which documents are attached hereto and made a part hereof. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Instruments, proceedings or other matters which do not specifically describe said land. 5. Documents pertaining to mineral estates. EXCEPTIONS: AS ATTACHED HERETO ON CHAIN SHEET. DESCRIPTION: AS ATTACHED HERETO ON EXHIBIT A. FirstAmerican Title First American Title First American Title Recorded Document Guarantee Guarantee Form No. 27 (5/16/90) CHAIN SHEET Guarantee No.; 2315444A Page No. 5 INST REC'D FILE NO. GRANTOR GRANTEE REMARKS Memorandum January 15, 9901150889 Puget Sound Energy, Western PCS BTA I of Use 1999 Inc., a Washington Corp., a Delaware corporation (Lessor) corporation (Lessee) Statutory June 22, 20010622002078 Eugene F. Dwyer, as his JMC Corporation, a Fufillment of Contract Warranty Deed 2001 separate estate Washington corporation 5052584 Memorandum April 2, 20040402000834Qwest Wireless, LLC, a AT&T Wireless Services of Agreement 2004 limited liability company of Washington, LLC, a (Licensor) Oregon limited liability company (Licensee) Quit Claim August 2, 20060802002690 Puget Sound Energy, a City of Federal Way, a Affects: West 8.50 feet Deed 2006 Washington corporation Washington municipal corproation FirstAmerican Title First American Title First American Title Recorded Document Guarantee Guarantee Form No. 27 (5/16/90) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Guarantee No.: 2315444A Page No. 6 1. Except to the extent that specific assurance are provided in 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 levles taxes or assessments on reel 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 this Guarantee, the Company assumes no liability for foss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse deems or other matters affecting the Utle to any property beyond the lines of the land expressly described In this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain the reln vaults, tunnels, ramps, or any structure or Improvements; or any rights or easements therein, uram such property, fights 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, sulfered, 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 invalidlty or any judicial or non•judiclal proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to In this Guarantee. (d) The validity, legal effect or priorityof 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 this Guarantee, 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 this Guarantee, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "rrwrtgage": mortgage, deed of trust, oust deed, or other security Instrument (d) "public records" : records established under state statutes at Date or 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 no* 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 nG duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of arty 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 Z 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 &cts to exercise its options as stated In paragraph 4(a) the Company shall have the right to select counsel of its choice (subled 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 W final determination by a court of competent jurisdiction and expressly reserves the right, in Its sole discretion, to appeal from an adverse judgmentor 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 arty action or proceeding, and all appeals thereln, 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 famished to the Company within ninety (90) days after the Assured shelf 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 cahcuhaiing the amount or the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the requlred proof of loss or damage, the Companys 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 or the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any auhwrized representative of the Company, all records, books, ledgers, cliecks, correspondence and memoranda, whether hearing 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 dahm. Failure of the Assured to submit for examhnation 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. First American Title Form No. 1282 (Rev. 12/15/95) First American Title First American Title Recorded Document Guarantee Guarantee Form No. 27 (5/16/90) 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 ore mortgage or a lienhoider, 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. Upon the exercise by the Company of the option provided for In Paragraph (a) the Cpmpony's obligation to the Assured under this Guarantee for the claimed foss 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 pasties for or In the name of an Assured dalmant 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 Companys 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 lass 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 this Guarantee; (b) the amount of the unpaid principal Indebtedness secured by the mortgage or 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 arty defect, lien or encumbrance Assured against by this Guarantee. & Limitation of Liability. (a) If the Company establishes the title, or removes the alleged derect, 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 or any appeals therefrom, It shall have fuliy 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. Guarantee No.: 2315444A Page No. 7 (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. 1o. 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 to the Company unaffected by any act of the Assured dalmant. The Company shall be subrogated to and be entitled W all rights and remedies which the Assured would have had agalnst 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 settee in the name of the Assured and to use the name of the Assured in any transaction or Iltlgation 1nvdving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the company shall W subrogated to all rights and remedies of the Assured after the Assured shall have recovered Its principal, interest, and costs of collection. 12. Arbitration. unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Tide Insurance Arbitration Rules of the American Arbitration Association. Arbltratife matters may include, but are not limited to, any controversy or dalm behveen the Company and the Assured arising out or or relating to this Guarantee, any service of the Company In connection with Its Issuance or the breach of a Guarantee provision or other of Rattan. All arbitrable matters when the Amount of Liability Is $1,000,000 or less stall be arbitrated at the option of either the Company or the Assured. Ail arbitrable matters when the amount of liability €s In excess of 11,000,000 shad be arbitrated only when agreed to by both the Company and the Assured. The Wes in effect at Date of Guarantee shall be binding upon the parties. The award may include attameys' 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. Aidgment 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 Contrast. (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 calm 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 or or endorsement W 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 2 First American Way. Bldg. 2, Sarno Arta, CA. 92707. Form No. 1282 (Rev. 12/15/95) FirstAmerkan Title First American Title 12-04-14 N E W WAVE ARCH ITECTU RE SEA RODONDO 2920518TH AVE S., FEDERAL WAY, WA 98003 EXISTING VIEVW #4 LOOKING SOUTH ON PACIFIC MY 12-04-14 NEW WAVE ARCH ITECTU RE SEA RODONDO 2920518TH AVE S., FEDERAL WAY, WA 98003 PROPOSED VIEW #1 LOOKING SOUTH ON PACIFIC HWVY 12-04-14 NEW WAVE A R C H I T E C T U R E SEA RODONDO 2920518TH AVE S., FEDERAL WAY, WA 98003 EXISTING VIEW #2 LOOKING NORTH ON PACIFIC HWY 12-04-14 u CC L: W A V E ARCH ITECTU RE SEA RODONDO 2920518TH AVE S., FEDERAL WAY, WA 98003 PROPOSED VIEW#2 LOOKING NORTH ON PACIFIC HWY 12-04-14 NEW WAVE ARCH ITECTU RE SEA RODON DO 2920518TH AVE S., FEDERAL WAY, WA 98003 EXISTING VIEW #3 LOOKING WEST ON EXISTING EASEMENT 12-04-14 W A V E ARCH ITECTU RE SEA RODONDD 2920518TH AVE S., FEDERAL WAY, WA 98003 PROPOSED VIEW #3 LOOKING WEST ON EXISTING EASEMENT L IX r 1 717 �UvQwlcp. mlrlz�- STATEMENT OF SEPA EXEMPTION Effective 07/28/2013 via Substitute House Bill 1183, SEPA was amended to exempt from review "collocation of new equipment, removal of equipment, or replacement of existing equipment on existing or replacement structures does not substantially change the physical dimensions of such structures." The SEPA amendment further defines "substantial change" as "the mounting of equipment on a structure that would increase the height of the structure by more than ten percent, or twenty feet, whichever is greater; or the mounting of equipment that would involve adding an appurtenance to the body of the structure that would protrude from the edge of the structure more than twenty feet...". The proposed WCF is a collocation of a new antenna array on an existing monopole, with no increase in the height of the existing structure and a horizontal protrusion of less than 20 feet. The proposed facility does not exceed any of the above thresholds for collocation and is exempt from SEPA review. SEA REDONDO - AFTER SEA REDONDO- BEFORE 3/30/2015 Ariteru�ch - Search for Cell Towers, Cell Reception, Hidden A"-� and more. e Tower Structures - (2920518th Ave S, Federal Way, WA 98003) Tower search Resuftsi f Alert! 50 Towers (24 Registered,26 Not Registered) found within 4.00 miles of 29205 18th Ave S, Federal Way, WA 98003. Info! The NEAREST Tower is .06 miles away and is owned by Sprint Spectrum, L.p.. pr ,; Oki No Applications for Future Towers detected as of 03/30/15. Tower Type !O NU IRegistered (1) site owner Ccatt Llc VI,L 106 feet 1.41 miles (2) Ste Five, 1-1 128 feet 1.42 miles (3) T-mobile West Tower Llc 153 feet 1.44 miles (4) 5pectrasite Communications, Llc. Thro_u_gh_ 108 feet 1.65 miles American Towers. Lic. (5) Westmark Investment Corp 101 feet 1.72 miles (6) Cellco Partnership 104 feet 1.72 miles (7) Valtey CommuniotLORS 145 feet 1.92 miles (8) Ccatt Llc 122 feet 1.98 miles (9) Seattle Sm a Limited Partnership 125 feet 2.25 miles (10) Weverhaepse:r Comoanv 78 feet 2.34 miles (11) T-mobile West Llc 108 feet 2.41 miles http://www.antennasea rch.com/ sltestwLasp?sourcepagawne=reports! ewer2WevsessionidrxFn=4i79U3532We:vordernum=1 dpre vite mrxwn Asectionnam 1/2 3/3 =15 Mien larch - Search for Cell Towers, Cell Reception, Hidden F� and more. (12) T-moble West Llc 60 feet 2.87 miles (13) Seattle Smsa Limited Partnershi 100 feet 3.11 miles (14) T-mobile West Tower Llc 140 feet 3.15 miles (15) Ccatt Lk 152 feet 3.20 miles (16) Gtob I Tower Llc. Throggh American 158 feet 3.26 miles Towers. Lie (17) Crown Communication Lle 108 feet 3.28 miles (18) T-mobile West Tower Llc 94 feet 3.29 miles (19) Day Wireless System 90 feet 3.31 miles (20) T-mobile West Llc 88 feet 3.33 miles (21) T-moble West Llc 80 feet 3.41 miles (22) Ccatt Lk: 109 feet 3.73 miles (23) Seattle Smsa Limited Partnership 123 feet 3.83 miles (24) T-mobile West Llc 119 feet 3.85 miles CAID * Not 104 feet I Registered (1) Sprint Spectrum. L.P. .06 miles }�►�P° (2) Pacifc Bell Wireless 85 feet .37 miles wCA.ig.^ (3) Attws 105 feet .45 miles rlv�]Q� (4) Lakehaven Utility Distri 108 feet .63 miles (5) Puget Sound Energy Pse 95 feet 1.02 miles �la-t lti ��� (6) Nexlel West Corp 100 feet 1.21 miles (7) SpectraMe Communications Inc 108 feet 1.56 miles CAVWC" (8) Western PCs 193 feet 1.76 miles U U (9) Bonneville Power Administration 190 feet 1.83 miles (10) Don Houghton 173 feet 2.09 miles (11) Puget Sound Enen3vum_Gasser 103 feet 2.57 miles (12) Western PCs 133 feet 2.64 miles (13) Pacific Bell Wireless Northwest._Llc 150 feet 2.74 miles (14) Lakehaven Utility District 114 feet 2.83 miles (15) American Towers, Inc. (kept, Wa) 124 feet 2.87 miles (16) Cellular One 117 feet 2.90 miles (17) BonneWle Power Administration 144 feet 2.93 miles (18) American Tower Kent.wa 124 feet 2.95 miles (19) Crown Castle 113 feet 2.98 miles (20) Puget Sound Power & Llght �•_ 89 feet 3.01 miles (21) Crown Castle 159 feet 3.11 miles (22) Federal Way World Vsion 75 feet 3.41 miles (23) Groun W Cable, Inc 223 feet 3.44 miles (24) U S West Newvector Group lm- 126 feet 3.59 miles (25) Cellular One 100 feet 3.97 miles (26) Washinalon Natural Gas 50 feet 3.97 miles Future (No Towers Detected) © 2004-2009 by General Data Resources, Inc. http:/lwww.ar tennasearch.comisitestartasp?sourcepagename=reporMewer2&prevsessiorKdnum=4779Q3.5.32&prey+ordernum= I&previtemnum=1&sectionnam... 212 r, 4 Z N W MN :51 'T' A $ £ m Illtfii — � �1a a to y O ny 4109 S NnH AalrvM1 M w rM "n1H N A-H'"rA M 7 ~ � I Sant/ 415y Vv� _ Ly in 1�h 15 M. a � o o s a m � x Q — CQ � O (7 m N � y U _ m � — C m 2 � 1 r $ fll V V S` 55 i 5 +^V 41s5 n.n i SiPs" qSs SSsiP S antl IslS S any ul5 SE4iGr SWNb Pf4. g a � sla lose � v N °-� sanr 4l.r at 1l., vls ., 41asIt �aaaNl Sy V Sanr 4lfE �f1 Sa..tlP yyyy Sa b �Ji.� 2GU A✓r5 � M ly g 2 tiz _l.l A.ez Suntl 410Z .. — 7Rl 8 � � J ._S AMH rllx�;. any 4191 rt+ i u.Y S g ,11 i V,EI Ilan A•R r EYE F91s I rSun'V r S Qy !4! S'•r 41ot 41C�1 11thP' 4, �4Se4j, 9MR5 1.. Sant' 41 O L. ^ s.nr vle p ] . f" MS 41B '- — j Z S 5 O = o r r 9 930© �ILI�� I M 72 E �: �1 i 01: ' MEND mg, ; psi lwd R#ior u C Ii ug. II' oil! 7_T Statement Regarding Collocation FWRC 19.255.060(2) requires that the applicant provide "[a] signed statement indicating that the applicant agrees to allow for the potential collocation of additional PWSF equipment by other providers on the applicant's structure or within the same site location shall be submitted by the applicant as part of the permit application. If an applicant contends that future collocation is not possible on their site, they must submit a technical study documenting why." Verizon will be the third tenant on an existing facility, and therefore collocating. Verizon does not own the tower or the underlying ground space; the availability of future collocation will be determined by Crown Castle (tower) and Puget Sound Energy (property owner), and based on factors including availability of space on the ground, structural capacity of the tower, and the potential for technical interference between tenants. Verizon will not interfere with future applications for collocation at this facility. PUGET SOUND ENERGY The Energy To Do Great Things FROM: Tim Gasser TO: Becky Todd DATE: 3/6/15 RE: Verizon Wireless Proposed SEA Redondo site To Whom it may concern: Transmittal Puget Sound Energ is in negotiations with Verizon Wireless to lease space on our property located at 29205 18 Ave S, in Federal Way, WA (aka PSE Marine View Substation / Parcel number 3040200065). Please accept this letter as proof of authorization for Becky Todd to apply for the necessary land use and building permit applications on behalf of Verizon Wireless. Signed, Date Senior Project Manager, Wireless Collocation Title RECEIVED APR 10 2015 CITY OF FEDERAL WAY CDS Laura Kraft, Engineering Assistant Puget Sound Energy I www.pse.com Communication Sitings & Services P.O. Box 97034 1 355 - 110th Ave NE EST06E I Bellevue, WA 98009-9734 Office: 425.456.2850 1 Fax: 425-462-3587 Mobile: 206.755.4310 1 Iaura.kraR@Rse mm Date Senior Project Manager, Wireless Collocation Title RECEIVED APR 10 2015 CITY OF FEDERAL WAY CDS Laura Kraft, Engineering Assistant Puget Sound Energy I www.pse.com Communication Sitings & Services P.O. Box 97034 1 355 - 110th Ave NE EST06E I Bellevue, WA 98009-9734 Office: 425.456.2850 1 Fax: 425-462-3587 Mobile: 206.755.4310 1 Iaura.kraR@Rse mm CITY OF Federal Way MASTER LAND USE APPLICATION I i-7 DEPARTMENT OF COMMUNFI ' DEVELOPMENT SERVICES 33325 8'h Avenue South Federal Way, WA 98003-6325 �h'�` ®���`� 253-835-2607; Fax 253-835-2609 www.c ityoffede ralway.com CITY OF FEDEpAL WAY CDs APPLICATION NO(s) ✓ [ O 1 —� d _ P Project Name SEA Redondo / Verizon Property Address/Location 29205 18th Ave. S Parcel Number(s) 304020006504 Date ` 1 Project Description Install additional antenna array on existing monopole on PSE substation property. Extend existing fence to the north to accommodate new slab and equipment cabinets. PT.RASF; PRINT Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) x 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 BC Zoning Designation Multifamily Comprehensive Plan Designation Value of Existing Improvements i7 ^ [JU0 Value of Proposed Improvements International Building Code (IBC): unocupied Occupancy Type II-B Construction Type Applicant Name: Verizon Wireless Address: 3245 158th Ave SE City/State: Bellevue, WA Zip: 98008 Phone: 425-603-8275 Fax: Email: lelah.vaga@verizonwireless.com Signature: Agent (if different than Applicant) Name: Becky Todd, Lexcom Address: 617 8th Ave S. City/State: Seattle, WA Zip: 98104 Phone: 206-310-ViOW j13 Fax: Email: becky.todd@lexcomcorp.com Signature: Owner Name: Puget Sound Energy, Attn: Tim Gasser Address: PO Box 90868 EST-06E City/State: Bellevue, WA Zip: 98009 Phone: 425-456-2776 Fax: Email: tim.gasser@pse.com Signature: 5ez L I tq -% Bulletin #003 — January 1, 2011 Page 1 of 1 k:\Handouts\Master Land Use Application