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05-105180FILE CITY of CITY HALL A�kFederal Wa 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com January 8, 2009 Mr. Mike Kerschner Aspen Properties 6902 Ford Drive NW Gig Harbor, WA 98335 Re: File No. 05-105180-EN; LANDSCAPE PLAN REVIEW & EASEMENT EXTINGUISHMENT Campus Crest Preliminary Plat, 700 SW Campus Drive, Federal Way Dear Mr. Kerschnet: The city has not received any revision to the landscape plans for the Campus Crest plat since our August 1, 2008 letter (enclosed). Pursuant to the July 18, 2008, Authorization to Proceed letter from William Appleton, there was to be an approvable landscape plan submitted to the City by August 18, 2008. In order to further review the landscape plans, please resubmit three copies of the revised plans and updated correspondence from Lakehaven Utility District regarding their review and approval of the landscape plans in regard to the sewer main within Tracts F and G as specified in my August 1, 2008 letter. In addition, as noted in my July 20, 2008 e-mail, please provide an update and documentation regarding the Federal Way School Board review of the proposed easement extinguishment for the Campus Crest site. If you need further assistance, contact me by e-mail at jim.harris@cityoffederalway.com. Sincerely, Jim Hams Senior Planner c: William Appleton, Development Services Manager John Jensen, Lakehaven Utility District Doc, LD 48202 CITY OF Federal August 1, 2008 Mr. Mike Kerschner Aspen Properties 6902 Ford Drive NW Gig Harbor, WA 98335 CITY HALL 33325 8th Avenue South y Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com Re: File No. 05-105180-EN; LANDSCAPE PLAN REVIEW Campus Crest Preliminary Plat; 700 SW Campus Drive, Federal Way Dear Mr. Kerschner: I have reviewed the landscape plans by Bradley Design Group, revised July 14, 2008, for the Campus Crest Preliminary Plat. I also received a copy of the July 24, 2008, memo from John Jensen, Lakehaven Utility District, regarding the landscape plan review. The landscape plans meet applicable City standards and plat conditions with the exception of the following items, which must be revised and addressed before final approval by City staff. 1. The groundcover spacing in all areas should be reduced to 24 — 36 inch maximum spacing, rather than the 42-inch spacing proposed. 2. Prior to City approval, the plans must be revised to meet the requirements of the Lakehaven Utility District in regard to potential planting conflicts with the existing sewer main and sewer easement within Tracts F and G. Please note that the trees listed/accepted on the July 24, 2008, Lakehaven: memo from John Jensen are all smaller scale trees that will not meet the Federal Way City Code (FWCC) standards for replacement significant trees. Therefore, while these trees identified on the Lakehaven memo may be acceptable to be planted within the easement area as noted by Lakehaven, these trees will not qualify as replacement significant trees. The final significant tree replacement plan will need to provide a minimum of 245 trees, located outside the easement area, and they need to be tree species that will grow to meet significant tree standards. 3. The Federal Way Public Works Department will review and provide comment/approval regarding the street trees and landscaping/seed mix within the stormwater detention pond bottom. Doc I.D 46463 File1105-105I80-EN Mr. Mike Kerschner Page 2 August 1, 2008 In order to further review the landscape plans, please resubmit three copies of the revised plans and updated correspondence from Lakehaven Utility District regarding their review and approval of the landscape plans in regard to the sewer main within Tracts F and G. If you need further assistance, contact me by e-mail at iini.harris@.cityoffederalway.com. Sincerely Jim Harris Senior Planner c: William Appleton, Development Services Manager John Jensen, Lakehaven Utility District File #05-105180-EN Doc. I D. 46463 r RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT ,Y.&.&F JUL 2 5 2008 w L DEC 1 71957- " EASEMENT FOR SEWER FACILITIES V!aY '' ± .77Z P. SKWER TSIS AGREF.MF.NT by and between the Federal Way Water and Sewer District, a municipal corporation of Kin County, Warrington, " and�� o..J hereinafter termed "Granteehereanaft�r termed "Grantor". WITNESSETS: That Grantor, and lreceiptconsideration whichoisherebv for One Dollar acknowledged, valuable consideration, the hereby conveys to the Grantee; ies and all An easement and right`of-wanfovereand acrosswer the ppur- the following tenances related thereto, g' described real property: / 11 / 1. r• #s_ 788 A or) RECD F 9. 00 SEE EXHIBIT "A" EXCISE TAX NOT RMUTE% King Co. Records DivisiOn - -I- _ r � By � _��• _;9�Auly Grantee and its agents, designees ar assigns shall have the institution of any suit or proceeding at law and right, without prior without prior notice to Grantor, at y footlor vehicle, for neces- sary, to enter upon said property, by installation, repair, reconstruction or maintenanr ties and appurtenances without incurring any legal obliof gation arili' liability therefore. provided that Such shall be accomplished in a rivate improvements shall not be disturbed or manner that existing p ey destroyed, or in the event that they are as disturbed or destroyed, oeas good will be replacedor repaired, as nearly arlyfore1therpropertyewas entered a condition as y y be upon by the Grantee. Fl.,TWS EA-06 (08/87) 1026-997 Panther Lake Trunk& 4�22„ Y Grantor hereby agrees that no building, wall, rockery, trees or structure of any kind shall be erected or planted, nor shall any fill material be placed within the boundaries of said easement area. No excavation shall be made within three feet of said sewer service facilities and the surface level of the ground within the easement area shall be maintained at the elevation as currently existing. In the event that this provision is violated, the Grantee shall have the right to. require removal of any such structure and same shall be accomplished within a reasonable period of time and at Grantor's expense. Failure of Grantee to so exercise its right to require removal shall not constitute waiver of this right. Grantor additionally grants to the Grantee, its agents, designees or assigns, the use of such additional area immediately adjacent to said easement area as shall be required for the construction, reconstruction, maintenance and operation of said sewer service facilities. The use of such additional area shall be held to a reasonable minimum and be returned to the condition existing immediately before the property was entered upon by Grantee or its agents. This Agreement and each of the terms, provisions, conditions and covenants herein shall be binding upon and apply to the benefit of the parties hereto and their respective successors and assigns. DATED this /c/ day of r � , 19 !!�J--- 4), STATE OF WASHINGTON ) ss: County of King ) I cert' that I know or have satisfactory evidence that and signed this i strument, on oath stated that they were authori e to execute the instrument and acknowledged it as e w and of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 1/�.,� �i� l�i�'�I,i,% Notary Public Title My appointment expires -tAHlblI --A SANITARY SEWER EASEMENT THAT PORTION OF SECTION 19, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, BEING AN EASEMENT 20.00 FEET IN WIDTH LYING 10.00 FEET ON EACH SIDE, WHEN MEASURED RADIALLY OR AT RIGHT ANGLES, OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF LOTH AVENUE SOUTHWEST AND THE CENTERLINE OF SOUTHWEST CAMPUS DRIVE AS DESCRIBED IN DEED RECORDED UNDER RECORDING NO.8501I70665, RECORDS OF SAID COUNTY, BEING AT ENGINEER'S STATION 28+42.54 AS SHOWN ON KING COUNTY PUBLIC WORKS SURVEY NO. 19-21-4-4, AND FROM SAID INTERSECTION THE EAST 1/4 CORNER OF SAID SECTION 19 BEARS S63041'47"E 4450.40 FEET DISTANT; THENCE S61059'41"W 42.00 FEET TO THE SOUTH LINE.OF SAID SOUTHWEST CAMPUS DRIVE AND THE TRUE POINT OF BEGINNING; O THENCE S70019'31"W 5.72 FEET TO THE CENTER OF EXISTING SANITARY SEWER MANHOLE {� NO. 100 AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 850 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS S65028'20"W); THENCE SOUTHEASTERLY 467.35 FEET ALONG THE CENTERLINE OF AN EXISTING 42" DIAMETER SEWER MAIN AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31030'10" TO THE CENTER OF EXISTING SANITARY SEWER MANHOLE NO. 101 AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 875 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS S33°10'�9"W); THENCE SOUTHEASTERLY AND EASTERLY 466.22 FEET ALONG SAID SEWER MAIN AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30°31'42" TO THE CENTER OF EXISTING SANITARY SEWER MANHOLE N0. 102; URVE N88°49'S7"E 363.07 FEET ALONG SAID SEWER THENCE NON -TANGENT TO LAST SAID C MAIN TO THE CENTER OF EXISTING SANITARY SEWER MANHOLE N0. 103-A; THENCE S60017'43"E 243.87 FEET ALONG SAID SEWER MAIN TO THE CENTER OF EXISTING SANITARY SEWER MANHOLE NO. 103-B AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 850 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS N46012'44"E); THENCE SOUTHEASTERLY AND SOUTHERLY 335.36 FEET ALONG SAID SEWER MAIN AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22036'21" TO THE CENTER OF EXISTING PAGE 1 OF 3 SANITARY SEWER MANHOLE NO. 104; THENCE NON -TANGENT TO LAST SAID CURVE S13028'30"E 432.39 FEET ALONG SAID SEWER MAIN TO THE CENTER OF EXISTING SANITARY SEWER MANHOLE NO. 105; THENCE S07035'26"E 408.55 FEET ALONG SAID SEWER MAIN TO THE CENTER OF EXISTING SANITARY SEWER MANHOLE NO. 106; THENCE S28013'43"E 400.80 FEET ALONG SAID SEWER MAIN TO THE CENTER OF EXISTING SANITARY SEWER MANHOLE NO. 107; THENCE S65032'53"E 179.22 FEET ALONG SAID SEWER MAIN TO THE CENTER OF EXISTING SANITARY SEWER MANHOLE NO. 108; THENCE N69059'15"E 371.57 FEET ALONG SAID SEWER MAIN TO THE CENTER OF EXISTING SANITARY SEWER MANHOLE NO. 109 AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 700 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS N02051'07"W); j THENCE EASTERLY AND SOUTHEASTERLY 552.86 FEET ALONG SAID SEWER MAIN AND ALONG QSAID CURVE THROUGH A CENTRAL ANGLE OF 45°15'09" TO THE CENTER OF EXISTING SANITARY SEWER MANHOLE NO. 110; THENCE NON -TANGENT TO LAST SAID CURVE S31°31'36"E 457.38 FEET ALONG SAID SEWER •4MAIN TO THE CENTER OF EXISTING SANITARY SEWER MANHOLE NO. 111; QQ THENCE S16039'32"E 409.25 FEET ALONG SAID SEWER MAIN TO THE CENTER OF EXISTING SANITARY SEWER MANHOLE NO. 112; THENCE S03013'35"E 275.40 FEET ALONG SAID SEWER MAIN TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF- SAID SECTION 19, THE TERMINUS OF THIS CENTERLINE DESCRIPTION AND FROM SAID TERMINUS SAID EAST 1/4 CORNER OF SAID SECTION 19 BEARS N31°45'13"E 1531.83 FEET -.DISTANT; ALSO, AN EASEMENT 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE, WHEN MEASURED AT RIGHT ANGLES, OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SANITARY SEWER MANHOLE NO. 108 AS DESCRIBED ABOVE; THENCE S00°10'46"E 501.85 FEET ALONG THE CENTERLINE OF AN EXISTING 12" DIAMETER SEWER MAIN TO THE CENTER OF EXISTING SANITARY SEWER MANHOLE NO. 113; THENCE SOOa06'58"E 501.16 FEET ALONG SAID SEWER MAIN TO THE CENTER OF EXISTING SANITARY SEWER MANHOLE NO. 114; THENCE CONTINUING S00006'58"E 10.00 FEET TO THE TERMINUS OF THIS CENTERLINE DESCRIPTION AND FROM SAID TERMINUS THE EAST 1/4 CORNER OF SAID SECTION 19 BEARS N59021'17"E 2361.28 FEET DISTANT. PAGE 2 OF 3 THE SIDE LINES OF THIS EASEMENT ARE TO BE SO SHORTENED OR LENGTHENED SO AS TO INTERSECT IN THEMSELVES AND TERMINATE IN SAID SOUTH LINE OF SOUTHWEST CAMPUS DRIVE. SITUATE IN KING COUNTY, WASHINGTON. PAGE 3 OF 3 M RECEIVED BY G .J UNITY DEVELOPMENT DEPARTMENT bTILITY D}ST Date: July 24, 2008 To: Mike Kerschner From: John Jensen 1 RE: Landscape P s Campus Crest Project No. 6305019 JUL 2 5 Z008 LAKEHAVEN UTILITY DISTRICT MEMORANDUM The Landscape Plans with July 14, 2008 date for the subject development are generally consistent with proposed the property layout shown on the water and sewer plans submitted to Lakehaven in conjunction with the referenced project. This Landscape Plans indicate -wo (2) separate water systems and two (2) separate sewer systems that are parallel to each other. T✓ly understanding there is only one water system and only one sewer system in the project. Lakehaven has not received or reviewed the water and sewer "as builts" plans. Therejbre, the actual locations of the new water and sewer facilities cannot be confirmed until the "as builts" are submitted. Revise the plan to reflect the "as builts" and resubmit. There is an existing 20-f6ot `easement for Sewer Facilities (# 1026-997 recorded under Auditor's File No. 8711170788) copy enclosed, along the north end of the project and is parallel with SW Campus Drive for the existing 42-inch diameter sewer trunk. Lakehaven has not surveyed this sewer trunk to determine the specific location of it. The Landscape Plans indicate this sewer trail-,, but does not identify the easement area. This easement states: "no building, wall, rockery, trees or structure of any kind shall be erected or planted, nor shall any fill material be placed with the boundaries of said easement." The Landscape Plan indicates trees within the ten feet (10') from the 42-inch sewer trunk and these trees are not on Lakehaven's approved list of trees. Please revise the plans to show and identify the boundaries of the easement and tree placement for review. Campus Crest Landscape Plan Review July 24, 2008 Page 2 If trees are to be located in the easement, there are only a species allowed. The following table identifies acceptable Landscape Tree within Lakehaven sement: Acce table Landscape Tree wi n Lakehaven Easement Common Name Species Name Approved Miscellaneous *(see notes) Pyramidal Arborvitae Thuja occodentalis 2/21/06 Trunks minimum 18" offset `Pyrmaidalis' from edges of pipe/ facility Waxleaf Privet Ligustrum Japonicam 12/27/06 Trunks minimum 18" offset `Texanum' (L. texanurn I S - ' from edges of pipe/ facility Saucer Magnolia Magnolia x soulangiana 12/27/06 Trunks minimum 18" offset ,2p - 3 U ` from edges of pipe/ facility Slender Hinoki False Chamaecyparis Obtusa 11/28/07 Trunks minimum 18" offset Cypress Gracilis from edges of pipe/ facility. Moonglow Juniper Juniperus Scopulorum 11/28/07 Trunks minimum 18" offset Moonglow - /.S from edges ofpipe/ facility • NOTES: * The center of the manhole cover is not necessarily the center of the manhole and centerline between manhole cover to manhole cover does not necessarily reflect the centerline of the pipe or facilities. • * Trunks at tree mature needs to a minimum of 18" from the edge of the pipe. * Any proposed encroachment into Lakehaven easement requires approval frorn Lakehaven, including those types of landscaping listed above and an encroachment agreement. Please do not hesitate to contact me, if you have any questions. I may be reached by phone at (253) 946-5406, by electronic mail at jjensen@lakehaven.org, or by fax at (253) 529-4081. e: Isaac Conlen, City of Federal Way Bradley Design Group /enclosure n� SS L,u'a_ Department of Energy • • Bonneville Power Administration 28401 Covington Way •�Kent, WA 98042 December 20, 2007 In reply refer to: TRFN/Covington TRACT No. C-T-83, 2-CT-66 & 3-CT-3 CASE No. 20050197 LINE: Tacoma- Raver No. 1 & 2(oper. as Rt. Ct Tac- Cov No. 2 & Lt CT Tac- Rav No. 1) btwn towers 12/4 and 12/5; Tac- Cov No. 3 & Tac-Grand Coulee No. 1 (oper. as Tac- Cov No. 4) btwn towers 4/2 and 4/3 CERTIFIED - RETURN RECEIPT REQUESTED Mike Kerschner Aspen Properties, LLC 10009 89`h Ave. East Puyallup, WA 98373 AMENDED LAND USE AGREEMENT The LUA is hereby amended to include the irrigation and landscape plans as submitted to BPA as shown located on the attached segment of BPA Drawing No. 150014, marked as Exhibit A and shown on the attached Exhibits B through I. All other conditions and provisions of Land Use Agreement 20050197 shall remain the same as set forth in Land Use Agreement (Copy of which is attached). You may direct any communication to this office, Bonneville Power Administration, Real Estate Field Services (TRFN/Covington) 28401 Covington Way, Kent, WA 98042, or by telephoning Paul B. Woolson, at 253-631-9154. TH AGREEM T IS H REBY AUTHORIZED Paul B. Woolson Realty Specialist Cc: Kathleen Bradley Reader RLA, ASI:A Principal RESUBMITTED Bradley Design Group JAN 2 9 2008 CITY OF FEDERAL. WAY BLAL.DING DEPT. NOd@ All 0'QO t SO 1 i r S9 Xx ON lAd 9 OFt 009. ' !�'WV-t9ImIVVO 0Sf/09 W ?v' AVfZ/02fVdSd BFf 04 (d0 S/7d/1•pOA[SJOYZ+�br'J Fat t09 i78V✓&Md N7ACkZ 00 7 B dsd 8z�s09 ov1Ad3;r�sos� ON JAd j sBto 09 0 • ,ocl � NON dd@ O'69+6 >✓ Sri Sri 4�1 161 Sri / 11 �. . NaN Tlda o'sz+ • /� � '•sal 1 N7 SN9 0N7 Z514 r SDJ 7i+yRIfYN N3A'l7 3JVM. SZ'11 5;.SC1� /' ..r ]AID 41N 3 0' ;•►oococs • r sil x LII •. / or fj Ux� Z a0' m - W !; ao M� ab: xT X OM~n FJS ,%w - z a d< �� rt 9� 4 atix� �g • � I O a�dcN+r�,��1 44 C 2:n p2�x-,'3L COI \\\ 'L Q o � Tr�3 Vvw 41��` g•}y Vi7P4 Joy C7 pOG►QI9 ,0f1• .501 \ --f ao,«ers 1 ,Su Byrn. - `• s A F wit cc. �w Q ■0 ear a r C = Z= tz 1 }� - O •■ 'e fj .V j 0 F.1 orss. 2 U? N. a Y Mr N W M O. u' K ' " C v ' b L In a; 0 l7 0 a L U� ,� N no v M C .i12 .may b •" z Hto Cd U x d Z M 9 v > k U o tV U U O a > . z�" 0 ;�> Z z-J o c UZ Q Q O �. a'U sHu EXHIBIT B CASE 20050197 Landscape Plan Campus Crest Aspen Propmk3 IF , fl: IIjI. I MATCH LINE SEE SHEET L-8 & L-10 EXHIBIT C CASE 20050197 Landscape Plan= Campus Crest 1.,�� g Aspen PropeNesii—I- r as CL as CD as � r fv MATCH UNE SEE SHEET L-6 EXHIBIT D CASE 20050197 Landscape Plan Campus Crest �s federal M'r/j, WA -- 1 1z 1 On MATCH LINE SEE SHEET L-5 & L-8 . . . ...... IT. L -{!� I L > ' . _ 0 MATCH LINE SEE SHEET L-7 EXHIBIT E CASE 20050197 Landscape Plan Campus Crest Aspen Propotks Fcd-1 Wj, WA --------------- ----- - ---- ------ ----- --� _ I I l , ; Irrigation Plan Campus Crest Aspm Pyopclle ird-1 Way WA 04 MATCH LINE SEE SHEET IR-6 & IR-10 morn '.\ ::\\ `•., '�\ f' � _ / '. , .' .cam y� \ •.ti, \\ ' �� \�\ '•� \ 1 r^ `yam \ � \\ ♦ �� ♦�' \\ �, \ \ m ch ♦ `91 , r � rm ♦l I � � F o EXHIBIT G m CASE 20050197 6 Irrigation Plan r Campus Crest IE = �SIE J f Aspen P�operiies .. � — e Fedsnl Wry, W'A \ 'Al MATCH LINE SEE SHEET IR-6 - J. P-V i= IN n \t 11xz CA \\ m M cn 2 • -� \ y EXHIBIT H I CASE 20050197 Irrigation=Plan Campus C%cst Aspen Properties I federal Wry, WA, MATCH LINE SEE SHEET IR-7 g EXHIBIT I CASE 20050197 Try a Z Irrigation Plan o Campus Crest _If_ _ Aspen Proprrtla G1 { Fedml Wry. WA - i' fr�_�..�� •.i 4CITY OF �. Federal October 31, 2007 Mr. James Jaeger Jaeger Engineering 9419 South 204th Place Kent, WA 98031 CITY HALL 33325 8th Avenue South Way Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com RE; Permit No. 05-105180-00-EN Campus Crest - 700 SW Campus Dr Submittal No. 3 - Technical Comments Dear Mr. Jaeger: If the engineer and/or owner have any questions regarding this comment letter, or the outstanding items needed prior to permit issuance, we would be happy to meet with you in our office to clarify the requirements. Staff has reviewed the plans and reports for the above referenced project and has the following comments. The following items are required prior to Construction Plan acceptance: MAJOR ISSUES PWDS 3.2.13(C.2) requires residential driveways be located no closer than 25- feet from any street intersection. This requirement affects Lots 1, 18, 19, 59, 60, 61, 68, 69, 107, 108, 112, 113, and 114. Public Works has reviewed your proposed changes to the lots with driveways entering near a tee intersection (specifically Lots 59, 60, 61, 68, 69, 107, 108, 112, and 113). We have accepted their locations per the most recent plan- and are 'hereby allowing them as designed. However, certain corner lots require revisions as follows: Lot 1: SW 3415t Street and 11th Avenue SW are Type S streets, with 60- feet of right-of-way. The curb radius for the two minor collectors is 35- feet (see below for further comment). Based on geometrics, the closest the driveway can be to the centerline of SW 341�t Street is 7&feet. Given a minimum driveway width of 10-feet, the minimum lot width for Lot 1 is 63-feet. If a 20-foot wide driveway is desired, the lot width would be 73- feet. L:\CSDQDOCS\SAVE\28391995094.DOC Mr. James Jaeger Jaeger Engineering RE: Permit No. 05-105180-00-EN October 31, 2007 Page 2 Lot 18: SW 3415t Street is a Type W street with 52-foot right-of-way, and 11th Avenue SW is a Type S street with 60-feet of right-of-way. The curb radius for the local street to minor collector is 35-feet (see below for further comment). Based on geometrics, the closest the driveway can be to the centerline of SW 341st Street is 74-feet. Given a minimum driveway width of 10-feet, the minimum lot width for Lot 18 is 63-feet. If a 20-foot wide driveway is desired, the lot width would be 73-feet. (Note that this requirement may not apply to this lot if the driveway is located on SW 341't Street instead of 11th Avenue SW.) Lot 19: SW 341st Street and I& Court SW are Type W streets with 52- foot right-of-way. The curb radius for the local streets is 25-feet. Based on geometrics, the closest the driveway can be to the centerline of SW 341t Street is 64-feet. Given a minimum driveway width of 10-feet, the minimum lot width for Lot 19 is 53-feet. If a 20-foot wide driveway is desired, the lot width would be 63-feet. (Note that this requirement may not apply to this lot if the driveway is located on SW 341s' Street instead of 101h Court SW.) Lot 114: SW 3415t Street is a Type S street with 60-foot right-of-way, and le Avenue SW is a Type M street with 75-feet of right-of-way. The curb radius for the minor collector to principle collector is 35-feet (see below for further comment). Based on geometrics, the closest the driveway can be to the centerline of 12th Avenue SW is 78-feet. Given a minimum driveway width of 10-feet, the minimum lot width for Lot 114 is 58-feet. If a 20-foot wide driveway is desired, the lot width would be 63- feet. 2. After researching the pedestrian path issue, the City accepts the design as proposed on the most recent plans. CIVIL PLANS Numerous rockeries are shown on Sheets C1, C2, and C3, but are not shown on the remainder of the plans. Please clarify if rockeries or retaining structures will be required, and show their heights. 2. Revise Sheets C5 and C6 with the most current information. 3. Sheet C7: a. The road cross-section line references an inaccurate detail. (Typical Sheets C7-C16.) b. Move the leader line for pipe segment CB47-CB46 so it points to the pipe. L:\CSDC\DOCS\SAVE\28391995094.DOC Mr. James Jaeger Jaeger Engineering RE: Permit No. 05-105180-00-EN October 31, 2007 Page 3 4. Sheet C8: a. Revise the curb returns so the back of sidewalk follows the property line with a 3-foot offset and the planters end at the PT of the curb radius. b. Remove the note about crosswalk striping. -No crosswalks internal to the plat will be marked. C. Several pipe segments on this sheet (and C10) were increased from 12- inch diameter to 18-inch diameter. This will affect the TIR calculations. Please see TIR comments later in this letter. 5. Sheet C10: Revise the curb returns so the back of sidewalk follows the property line with a 3-foot offset and the planters end at the PT of the curb radius. 6. Sheet CI I: a. Revise the curb returns so the back of sidewalk follows the property line with a 3-foot offset and the planters end at the PT of the curb radius. b. The curb radii at the intersections of SW 341s' Street and 11th Avenue SW and at SW 341st Street and 1P Avenue SW shall be 35-feet: (PWDS 3.2.10 B.6) C. The right-of-way width of SW 341st Street between 12th Avenue SW and 11t" Avenue SW shall be drawn as 60-feet. d. The right-of-way width of 11th Avenue SW between SW 341st Street and the connection to the offsite plat shall be drawn as 60-feet. (See also Sheets C13 and C14.) e. Lots 1, 18, 19, and 114 shall be redesigned as stated above in "Major Issue No. 1." f. Show the stationing of 11th Avenue SW on the plan view. (See also Sheets C13 and C14.) 7. Sheet C12: Revise the curb returns so the back of sidewalk follows the property line with a 3-foot offset and the planters end at the PT of the curb radius. 8. Sheet C15: a. CB's 35 and 36 need to be relocated to the gutter line of the cul-de-sac. L:\CSDC\DOCS\SAVE\28391995094.DOC Mr. James Jaeger Jaeger Engineering RE: Permit No. 05-105180-00-EN October 31, 2007 Page 4 b. The stem of the cul-de-sac shall have planter strips per the standard detail. C. Lot 19 shall be redesigned as stated above in "Major Issue No. 1." d. Revise the curb returns so the back of sidewalk follows the property line with a 3-foot offset and the planters end at the PT of the curb radius. 9. Sheet C16: a. The pipe segment CB3-CB2 is shown here as 12-inch diameter which conflicts with Sheet C8. Please clarify the discrepancy. b. Revise the curb returns so the back of sidewalk follows the property line with a 3-foot offset and the planters end at the PT of the curb radius. C. The curb radius leader dimension for the SE corner of SW Campus Drive and SW 9th Avenue incorrectly shows 53-feet. It should read 35-feet. 10. Sheet C17: Question - Can CB79 be eliminated? Due to the steepness of the sidewalk being over 15%, we would prefer to eliminate any need to use it for structure maintenance access if possible. 11. Sheet C19: a. The curb radii at the intersection of SW 341st Street and 12th Avenue SW shall be 35=feet. (PWDS 3.2.10 B.6) b. The right-of-way width of SW 341st Street between 12th Avenue SW and 11th Avenue SW shall be drawn as 60-feet. C. Install curb ramps on the on the western side of the tee intersection of SW 341't Street and 1P Avenue SW. d. Install curb ramps on the on the eastern side of the tee intersection of SW 342nd Place and 12th Avenue SW. 12. Sheet SL-2: Light Pole No. 32 appears to conflict with the driveway location for Lot 39. Please verify and correct. 13. Sheet SL-3: Light Poles No. 38 & 39 appear to conflict with driveway locations (based on stationing). Please verify and correct. 14. Sheets L-2 and L=4: Adjust several street trees so they are located no closer than 10-feet from the foundation of the street light poles. L\CSDgDOCS\SAVE\28391995094.DOC Mr. James Jaeger Jaeger Engineering RE: Permit No. 05-105180-00-EN October 31, 2007 Page 5 15. Sheet L-10: Verify the location of the required curb ramps on 12' Avenue SW behind Lots 6 and 7. Remove or adjust any conflicting street trees. 16. Irrigation Sheets: a. No irrigation crossings of the right-of-way are allowed. b. No irrigation system is allowed within the BPA corridor. TRAFFIC COMMENTS Please refer to the enclosed memorandum from Maryanne Zukowski dated October 18, 2007 for the Traffic Division's comments. Also, please refer to the enclosed redlined plans. PLANNING COMMENTS Please refer to the enclosed memorandum from Janet Shull dated October 22, 2007 for the Planning Division's comments. The following items are required prior to scheduling a preconstruction meeting: 1. Provide a Certificate of Liability Insurance remaining in force until the City issues final construction acceptance. Specify the liability insurance in the amount of not less than one million dollars combined single limit bodily injury and property damage, with a two million dollar aggregate. Include the City of Federal Way, its officers, and employees, as additional insured's with respect to the terms and conditions of the policy. Reference Campus Crest Plat, 05-105180-00-EN on the Certificate. 2. Provide a performance/maintenance bond referencing Campus Crest Plat, 05- 105180-00-EN on the bond. The City's "Performance/Maintenance Bond WorksheeC was enclosed with a previous comment letter. 3. Provide one set of reproducible Mylar plans for approval. Once approved, pick up the Mylar plans and make five (5) copies of full scale drawings and two half - scale drawings, and return them to the City. Please be aware of the following requirements by other agencies associated with the proposed construction: 1. This project includes the construction of rock walls or other retaining facilities that exceed four -feet in height, which require a building permit. L•\CSUC\DOCS\SAVE\28391995094.DOC Mr. James Jaeger Jaeger Engineering RE: Permit No. 05-105180-00-EN October 31, 2007 Page 6 All redline prints must be returned with the next submittal. Your next submittal shall consist of five (5) complete sets of construction plans. Per WAC 196-23-020(3)(d), "revised plan sheets shall clearly identify on each sheet, the revisions made and shall contain the name and seal of the licensee, and signature of the licensee with the date the revision was made." If you have any questions or comments regarding this letter or redlined prints, please feel free to contact me at (253) 835-2731 or by email at sean.wells@dDi �ralwau eom. Sincerely, Sean R. Wells, P. . Senior Engineering Plans Reviewer SRW:cc Enclosures: Redlined Plans cc: Mr. Mike Kershner, Campus Crest Properties, LLC, 6902 Ford Dr NW, Gig Harbor, WA 98335 William Appleton, P.E., Development Services Manager Janet Shull, Planning Division Maryanne Zukowski, Traffic Division ` Project File / SRW Day File L:\CSDC\DOCS\SAVE\28391995094.DOC �/ . ;;�/O� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ASSIGNED TO THE HONORABLE PARIS KALLAS SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY CAMPUS CREST DEVELOPMENT, LLC, N0. 05 2 325402 KNT Plaintiffs N-3 CAMPUS CREST PROPERTIES, LLC, MICHAEL B.AND CINDY KERSCHNER, DONALD L. AND NANCY B. GARDNER, ASPEN PROPERTIES LLC, a Washington limited liability company, and ASPEN INFRASTRUCTURE MANAGEMENT, Defendants. DECLARATION OF JIM HARRIS I, Jim Harris, declare under penalty of perjury under the laws of the State of Washington as follows: 1. 1 am a Senior Planner with the Department of Community Development for the City of Federal Way, Washington. 2. 1 held this position in 2003. 3. 1 had dealings with Mike Kerschner regarding the execution of a concomitant agreement for a plat in Federal Way currently has preliminary plat approval. That plat is commonly known as Campus Crest. HARPoS DECLARATION -1 of 2 (05 2 32540 2 KNT ) 11347079 vl.docj LAWOFFI GOF)ON. THOMAS, HONEYWELL. MALANCA. PETEFGON & DAHEIM LLP 1201 PAffC AV93.E S E2100 POST OF IO% 1157 7r m_.. WA5MGTO 96001-1157 (2531 620-6500 - FACS E(253) 620E565 t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 09 23 24 25 26 4. 1 explained to Mr. Kerschner in April of 2005 that until the concomitant agreements were executed that the City Council's resolution approving the preliminary plat for Campus Crest is not effective. Attached as Exhibit "A" to my Declaration is a copy of emails between Mr. Kerschner and me where I explained that to Mr. Kerschner. 5. Attached as Exhibit "B" is a letter dated May 12, 2005 from Mr. Kerschner to me. Attached to that letter was a concomitant agreement fortwo plats, one of which was the Campus Crest subdivision. 6. Attached as Exhibit "C" is an email dated May 16, 2005 from me to Mr. Kerschner where I forwarded the proposed concomitant agreements to the City's legal department. I explained to Mr. Kerschner that he would have to submit a check for$170 for recording of the two concomitant agreements. 7. A copy of the concomitant agreement for Campus Crest is attached as Exhibit "D". The concomitant agreement was executed on May 17, 2005, and recorded on June 3, 2005. {+ Dated this day of April, 2006. HAMS DECLARATION - 2 of 2 (05232540 2 KNT) [ 1347079 vl.docl 4 _ JT #A- MRRIS n f LA WOFFIOSS GOFUON, THOMAS, HONEYWa_L. MALANCA, PETES(NJ &DAHF3M LLP 1201 PA1g1O AV@AE. %M 2100 TA... WASMIO 9-01-1157 (253)620-6500 - FA6 LE(253)6265565 From: Jim Harris To: Mike Kerschner Date: 4/20/2005 3:58 PM Subject: Re: DNR Letter Mike: see my March 4, 2005 letter to you regarding directions on how to complete the CZA for Campus Crest. The same directions apply to both Campus Crest and Wynstone CZA's. Jim Harris Senior Planner City of Federal Way ilm.harrls@cityoffederalway.com 253 835-2641 >>> "Mike Kerschner"<mkerschner@aspenpropertiesnw.com> 04/20/05 3:44 PM >>> Thanks Jim, Welcome back. We are ready to sign off on the CZA.. Please let me know how you wish to proceed. Regards, Mike Kerschner — Original Message — From: Jim Hams To: mkerschner@aspenpropertiesnw.com Sent: Wednesday, April 20, 2005 3:30 PM Subject: DNR Letter Mike: I received and reviewed your request for the City to provide DNR a letter regarding the Class IV Forest Practice Letter. The City cannot provide the DNR letter on either of the projects, as the resolutions adopting the pre -plats have not yet became effective. The resolutions approving the pre -plats don't baCQme effective until the concomitant agreements are signed. . The CZA's have not been signed and executed. Therefore, the sites do not have a "valid development or subdivision`, and don't meet the Federal Way City Cc do - Land Surface (Modification (LSM) exemption (FWCC 22.1093). If the CZA's get completed and recorded, then we can issue a letter to DNR. Let me know if you have any questions. Jim Harris Senior Planner City of Federal Way jim.harris@cityoffederahvay.com 253 835-2641 CF'W 000035 From: Jim Hams To: Mike Kerschner Date: 4/20/2005 3:30 PM Subject: DNR Letter Mike: I received and reviewed your request for the Cty to provide DNR a let ler regarding tha Class TV Forest Practice Letter. The City cannot provide the DNR letter on either of Iho projects, as the resolutions adopting the pre -plats have not yet become effective. The resolutions approving the pre -plats don't become effective unffl the Concomitant agreements are signed. The CZA's have not been signed and'executed. Therefore, the sites do not have a "valid development or subdivision", and don't meet the Federal Way City Code - Land Surface Modification (LSM) exemption (FWCC 22-1093). If the CZNs get completed and recorded, then we can issue a letter to DNR. Let me know if you have any questions. Jim Harris Senior Planner City of Federal Way Jim.harris@r,ityoffederalvvay.com 253 835-2641 CFW 000036 /rr .� r P a P:�-r.; s May 12, 2005 Mr. Jim Harris Senior Planner, CDSD 33325 8a' Avenue South / PO Box 9718 Federal Way, Washington 98063-9718 Subject: Executed Concomitant Agreement(s) for, professional land development and construction management ! LamM Crest Subdivision. City Files: 03-104293-00-SU & 03-1043 11 -00-UP Tax Parcels: # 192104-9008 & 192104-9043 Wynstone Subdivision, City Files: 03-102630-00-SU & 03-102632-00-UP Tax Parcels: # 192104-9044 & 192104-9030 Files: 03-104293-00-SU & 03-104311-00-UP Dear Mr. Harris, Please find enclosed the fully executed revised concomitant agreements for your completion As promised, also' included are corporate signature authorization, recent plat certificates for each plat and legal descriptions for the properties included. Please let me know if there is anything else you desire for this task. Kindest regards, Michael K chner Aspen Properties, NW enclosures: CC. • dlg "NW ile: 0071mh faleehvylca:eomuant/S 12.05 Telephone 253 265.1304 0 Fax 253 265.1305 4 6902 Ford Drive NW • Gig Harbor, WA 98335 CFW 000024 1-1 Jim Harris - Re: Wynstone / Campus Crest, Concomitant From: Jim Harris To: Mike Kerschner Subject: Re: Wynstone / Campus Crest, Concomitant CC: Carolyn Back _-15-.—. Hi Mike: I have forwarded the 2 concomitants to the City Law Dept for signature and then to the City Manager for signature. I expect this will happen by the end of the week. I need you to provide a check made out to the City of Federal Way for $170.00 for recording the two documents. Once I get the documents back from the City Manager, I will need to have your signature on four cover pages to accompany the recordings. I also want to show you the exhibits that have been attached to the CZA's. I'll let you know when I get the documents back and we can set up time for you to stop in. Our intern (Carolyn) will be handling the actual recording. thanks >>> "Mike Kerschner" <mkerschner@earthlin k. net> 05/13/05 9:34 AM >>> Good morning Jim. Please be advised that the fully executed concomitant agreemenr(s) for the above captioned plats were delivered to your office at 3:30 yesterday afternoon. Let me know should you require anything else. Regards, Mike Kerschner Aspen Properties NW 253.222.0255 cellular Eakersc;hngr@aspo�ngropgftiasnw.com CFW 000023 about:blank 5/16/2005 RAddress: CT. 0� 6p, llI h X c rf k3 P.0 Box T?Ie_ CONFORMED COPY 200510,115, 30010380 pOF KIN COlg3NTYi3WA Ptemorintortvnelnib madon WASATNGTON STATF RV.CC)RDV.R"S f_nvnr.S'hrnt fRrL m�% Document Title(s) (or transactions contained therein): (all areas applicable to Jyour document must be filled in & ] i �1 rl+�(rJU�ahcMc +3, r 4. ReferenceNumber(s) of Documents assigned or released: Additional reference #Is on page of document tj 1� Grantors) (Last name, fast name, initials) f I. _s,tX of LA1 2. Additional names on page of document. Grantee(S) (Last name first, then fast name and initials) I. 1A 1-11AAIF 2. Additional names on page ofdocument. Legal description -(abbreviated: i.e. lot --block, plat or section; township; range) •� !g �7C� � ! k4�dEf Additional Iegal is on page 1,U I document. Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned -elAV3 1`7 I - -1008 The Auditor/Recorder will rely on the information provided on the fohn. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. 1 am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. 1 understand that -the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. gnature of Requesting Party 6-1-05� CFW 000007 CONCOMITANT AGREEMENT . BETWEEN THE CITY OF FEDERAL WAY AND DONALD L. GARDNER INC. FOR DEVELOPMENT OF CAMPUS HIGHLANDS TOWNHOME PROPERTY (PARCEL 7) MA YLZ 2005 The City of Federal Way ("City') and Donald L. Gardner Inc., ("Owner"), a Washington corporation, collectively referred to herein as "the Parties", enter into the following concomitant agreement ("Agreement") replacing an earlier concomitant agreement, changing the allowed use under that earlier agreement, and defining the necessary right-of-way improvements associated with the development of a parcel of property, specifically described below in Section 2 (`-`Parcel 7")• WHEREAS, the City of Federal Way, Washington, a non -charter optional municipal code city incorporated under the laws of Washington, has authority to enact laws and enter into agreements to promote the public health, safety, and general welfare of its citizens and thereby .control the use and development of property within its jurisdiction; and WHEREAS, a concbinitant agreement was entered into between the City and the previous owners, Polygon 2000 and �uadrant Corporation, in February 1990 regarding the zoning of Campus Crest'PropertyParcel 7; and WHEREAS, anadditional amendment to the 1990 concomitant agreement via Resolution 93-144 altered the original conditions applicable to Parcel 7; and WHEREAS, various terms of the 1990 concomitant agreement as amended are no longer applicable to the proposed use and development of Parcel 7; and ___WHEREAS, the—Owner..desires_to_doyelop.Parcel.7_in a mannerdifferent-than chat -is �.._ allowed in the 1990 concomitant agreement as amended and has initiated a discussion with the . City with respect to amending the 1990 concomitant agreement; and 'WHEREAS, both Parties agree that a new Agreement is appropriate; and WHEREAS, the City wishes to preserve its rights under the 1990 concomitant agreement as amended, including development being restricted to residential use, predetermined buffer area, maximum density requirements, and right-of-way improvements; and NOW THEREFORE, in consideration of the mutual promises and obligations set forth herein, it is hereby covenanted and agreed by and between the Parties hereto as follows: 1. Description of Agreement. This Agreement is a concomitant agreement that allows -for a change in the allowed use of certain property subject to a previous concomitant agreement, as well as, development standards and conditions governing the use of the property. The CFW 000008 Agreement provides the developer with certainty regarding the local regulations and mitigation requirements that will govern development for a specified project. The concomitant agreement is a condition to and limitation upon the change of use of the property, if adopted by the City Council. That is, if the allowed use is changed subject to concomitant agreement, its use and development .is restricted both by the regulations applicable to the underlying zoning classification and the provisions of the concomitant agreement, and where development standards in the agreement are more restrictive, they govern property development. The development of the property is conditioned and limited by the concomitant agreement. This Agreement supersedes.the 1990 concomitant agreement as amended by Resolution 93-144 as it applied to Parcel T . 2. Location. Donald L. Gardner Inc. is the owner of certain real property, King County tax parcel numbers 192104-9008 and 192104-9043, situated in Federal Way, -Washington, located along the west side of SW Campus Drive south of the intersection at 10th Avenue SW ("Parcel T'). Parcel 7 is more particularly described on Exhibit A attached hereto and incorporated herein by this reference. 3: Project Description. The Project consists of development of 114 single-family lots as depicted on the Development Plan, attached hereto as Exhibit.B (the "Development Plan'). 4. Concomitant Agreement. If the allowed use of Parcel 7 is changed from multi -family to single-family by the Federal Way City Council, Owner and the City agree that Parcel 7 may be developed only in accordance with the standards and mitigation set forth in the Agreement. Parcel 7 shall be developed as described in the Agreement, and as depicted in the Development Plan. The allowable use of the property shall be limited to that described in the Agreement. All development standards, including mitigation, identified in the Agreement shall apply to property development. No development on Parcel 7 shall be inconsistent with the Agreement or City Code. Parcel 7 is subject to the Agreement, and shall be developed only in accordance with the development standards identified within the Agreement,;ncludin�, the Deye opme�r tte_____ _._. and until the Agreement is amended or rescinded, as authorized by the City. Development of Property. 5.1 Permitled Uses. Owner covenants and agrees that it will limit any use of Parcel 7 to single-family residences, as depicted in the Development Plan, attached as Exhibit B. 5.2 - Relationship Between City Development Reaa€ions_and Development Standards Identified in A eex ement. Development Regulations include all provisions of the Federal .Way City Code (FWCC), including without limitation FWCC Chapters 18 through 22. The Agreement establishes site -specific development standards, including mitigation. Property development shall be consistent with both development regulations and the development standards identified in the Agreement. Where the development standards in the Agreement are more restrictive, they shall govern development of Parcel 7, as specified herein. CFW 000009 6. Development Standards, Including Mitigation. The Project shall be consistent with all specified development standards. Owner shall construct, install or implement, as part of Project construction, all mitigation required by the Agreement. &I Project Design and Site, Configuration. 6.1.1 Permitted Development. Owner agrees that development shall be of single-family residences only. No other development will be allowed without an amendment to this Agreement. 6.1.2 Buffer Open Space Tract. Owner agrees to provide'an open space tract, averaging 45 feet in width along SW Campus Drive, as depicted in the Development Plan, attached as Exhibit B. City agrees that up to two percent (2%) of this.tract will qualify as buffer open space under FWCC 20-155. 6.1.3 Maximum Density. The maximum density for Parcel 7 shall be 114 single-family lots, as depicted in the Development Plan, attached as Exhibit 13. 6.2 Ri t-0f--way . Owner shall perform, as part of Project construction and prior to issuance of final plat approval unless otherwise noted, the following right-of- way improvements described in the attached F x b i h i t C as required and approvcd by the Director of Public Works. 6.2.1 126 Avenue SW. The portion of 12a' Avenue SW located within Parcel 7: a. Dedicate 14 feet of Right -of -Way to the City. Right -of --Way dedication to be via Statutory Warranty Deed. b. Provide street improvements for the east side of the right-of-way: six-foot . nlnntwr_cFrin_ �tF, tr ewaa, . and three-foot .utility strip. 6.2.2 SW Campus Drive. SW Campus Drive, along Parcel 7 frontage: a. Dedicate seven feet of Right -of -Way to the City. Right -of -Way dedication to be via Statutory Warranty Deed. b. Construct additional asphalt paving to widen SW Campus Drive to provide for a full -width Section `E' Roadway per City Standards, complete with concrete' curb and gutter, six-foot planter strip with street trees and street lights, eight - foot concrete sidewalk, and three-foot utility strip. c. Provide sufficient new roadway tapers and transitions from the widened paved edge at the property boundary. 7. Other Project Review Processes. The Project will be subject to preliminaryplat approval, enguicering plan review, final plat approval, and any other applicable review processes. The final design of the buildings'and other improvements, precise location ofbuilding footprints, location of CFW 000010 utilities, detennination of access points, and other design issues will be determined during that process and must be consistent with the Agreement and the Development Plan. 8. Waiver and Mutual Release of Claims of Invalidity. The City and Owner acknowledge and represent that the terms of this Agreement have been jointly negotiated and that each party enters into this Agreement voluntarily. Further, Owner and the (city agree that this Agreement is authorized under law and each party waives any claim that the Agreement is invalid or illegal. The agreements and representations in this Section are material to this Agreement and are being relied upon by both Parties. . 9. General Provisions. 9.1 Binding on Successors. 9.1.1 The Agreement shall bind and inure to the benefit of the Parties and their successors in interest, and maybe assigned to any successor in interest to the Project property. 9.1.2 This Agreement is intended to protect the value of; and facilitate the use and deveiopaient of, -Parcel 7 and to protect the public health, safety, and welfare of the City. Therefore, the covenants set forth herein shall be construed to and do touch and concern Parcel 7 and the benefits and burdens inuring to Owner and to the City from this Agreement shall .run with the land and shall be binding upon Owner, its heirs, successors, and assigns, and upon the City. 9.2 Gov w. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. Venue for any action to enforce the terms of this Agreement shall be in King County Superior Court. 9.3 Severability. The provisions ofthis Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. 9A A who ri . The City and Owner each represents and warrants to the other that it has the respective power and authority, and is duly an thorized, to execute and deliver this Agreement and that the persons signing on its behalf are duly authorized to do so. Owner further represents and warrants that it is the fee owner ofparcel7, that it has authority to agree to the covenants and provisions contained herein, and that there are no other persons, entities, or parties with any fee interest in Parcel 7." UAmendment. This Agreement maybe modified onlybywritten instrument authorized by the City Council and duly executed by the CityManager and Owner, and their successors and CFW 000011 assigns; provided, however, notwithstanding the provisions of this Agreement to the contrary, the City of Federal Way may, without the agreement of Owner, adopt and impose upon Parcel 7 restrictions and development regul ations different than those set forth herein, if required by a serious threat to public health and safety. Moreover, five years after the date of the execution of the Agreement, the City may elect, without the agreement of Owner, to apply development regulations in effect at that time to any development within the scope of the Agreement that is not vested at that time, pursuant to the prior submittal to the City ofa complete building permit application. 9.6 Exhibits. All exhibits attached hereto are incorporated herein by this ref crenc a as if fully set forth herein. 9.7 Headings, The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. 9.8 Integration; SCODC of Agreement. This Agreement and its exhibits represent the entire agreement of the Parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. This Agreement does not set forth all conditions applicable to the Project to the extent that additional conditions may be imposed as part of any permit issued by the City, as required by the Federal Way City Code as determined by the discretion of the Directors of the Departments of Community Development Services and/or Public Works. 9.9 Enforcement. Subject to the notice and cure provisions of this section, in the event either ' party fails to satisfy any of its obligations under this Agreement, the otherparty shall have the right to enforce this Agreement by an action at law for damages or in equity for specific performance. The Parties acknowledge that damages are not an adequate remedy for breach — 1d[iitirznfa#�n rPmpliir_c cRt fn tBa-711atF Cial �irC�fh of this Agreement by Owner; and after notice to the Owner and an opportunity for Owner to cure the breach as set forth below, the City may enforce this Agreement under the enforcement provisions of the Federal Way City Code in effect at the time of the breach, and/or it may terminate this Agreement and take action to amend the Comprehensive Plan and zoning designation of the Paicel •7. No party shall be in default under this Agreement unless it has failed to perform its duties or obligations under this Agreement for a period of thirty (30) days after written notice of default from the other party. A notice of default shall specify the nature of the alleged default and the manner in which the default maybe cured. If the nature of the default is such that it cannot be reasonably cured within thirty (30) days, then a party shall not be deemed in default if the party commences a cure within thirty (30) - days and, thereafter, diligently pursues completion of the cure. 9.10 Attorneys Fees. In any action brought to enforce this AVeement or for damages resulting from a breach thereof, the prevailing partyas determined by the court, shall be entitled to recover its reasonable attorneys' fees. CFW 000012 9.11 Police Power. Nothing in this: Agreeinent shall be construed to diminish, restrict or limit the police powers of the City granted by the Waslington State Constitution or by general law. This Agreement is an exercise of the City's police powers, the authority granted under RCW 36.70B.170-.210, and other laws. 9.12 Recording, Assignment. The Agreement shall be recorded with the Real Property Records Division of the King County Records and Elections Department. 9.13 No Third Parties. The Agreement is made and entered into for the benefit of the parties hereto and their successors and assigns. No other person or entity is an intended third party beneficiary. No other person or entity shall have any right of action under this Agreement. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. CITY OF FEDERAL WAY, a W o munic# corporation BY: avid H. Moseley, City Mana'der Date: _r1h ATTEST: 11W4 `3ay of May 2005. N. Christine Green, CMI Federal Way City Clerk - Approved as to Form for City of Federal Way: fily tricia A. R.i ardson, City Wttomey DONALD L. GARDNER INC. a Washington corporation BY: Donald L. Gardner President Date: 15 -3 --b5 CFW 000013 STATE OF WASHINGTON ) )ss: COUNTY OFV&iGLk- ) On this day, personally appeared before me, the and ermp ed, a Notary Public in and for the State of Washington, duly commissioned and sworn,s7d 0m ctvtz" to me known to be theyra: d of Donald L. Gardner Inc., a Washington corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that r-hhe is authorized to execute said instrument on behalf of said corporation. Given under my hand and official seal this3 d day of 2005. r �p E gip., 4 4^[Wy K1CD\Campus CrestConcrnmtant (notV@Rare) (typed/printed name ofnotary) Notary Public in and for the State of Washington. My commission Wires:lt O CFW 000014 EXHIBIT A TO CONCOMITANT AGREEMENT LEGAL DESCRIPTION OF PARCEL 7 CFW 000015 EXH[Brr "A" TO CONCOMTANT AGREEMENT LegAl Description Those Portions of the Northeast Quarter of the Northwest Quarter and the Southeast'Quarter of the Northwest Quarter al! in Section 19, Township 21 North, Range 4 East, Willamette Meridian, in King County, Washington, said portions being• more particularly described as follows: "Commencing at the west quarter corner of said Section 19, thence along the east/west centerline of said Section 19 South 88°52 22" East 1,282.94 feet to the Southwest corner of the Southeast Quarter of said Northwest Quarter, Thence along the west line thereof North 01 °13'12" East 202.55 feet to the Northwesterly line of that certain easement granted to the United States of America for electrical transmission lines by documents recorded under recording numbers 3194572, 3258849 and 5029580, in King Country, Washington and the true point of beginning; Thence continuing along said west line and the west line of said Northeast Quarter of said Northwest Quarter north 01 °13'12" east 1,502.83 feet to a,point on the southerly margin of the lands described in deed recorded under recording number 8501170665, in King County, Washington, said point. being on a curve concave to the northeast having a radius of 842.00 feet and to which point a radial line bears south-47°I1 42 ":west;• Thence along said margin southeasterly and easterly 801.22 feet along said curve through a central angle of 54031 '16" to the beginning of a reverse curve concave to the southwest having a radius of 618.00 feet (a radial line through said beginning bears north 07°19'34 " west); Thence continuing along said margin easterly and southeasterly 647.38 feet along said curve through a central angle of 60001'H" to said northwesterly line of that certain easement granted to the United States of America for electrical transmission lines by document recorded under recording numbers 3194572, 3258849 and 5029580, in King Country, Washington; Thence along said northwesterly line south 52°5844" west 1, 662.66 feet to the true point of beginning. " CFW 000016 TO: King County. Recorder's Office I -am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.19.010, 1 understand that the recording processing . requirements may cover up or otherwise obscure some part ofthe text of the original document. Ss 4tu afltequeator RCW 36.18.010 Auditor's fees. For recording an emergency nonstandard document as provided in RCW 65.04.047, fifty dollars, in addition to all other applicable recording fees. RCW 65.94.048 Additional fee for certain documents not meeting requirements —Signed statement. (1) Documents which must be recorded immediately and which do tot meet margin and font size requirements maybe recorded for an additional fee of Mly dollars. Documents which do not meet legibility requirements• must not be recorded as a nonstandard recording. (2) In addition to preparing a properly completed cover sbeet as described in CW 65.04.047 the person preparing the dopment for recording must sign a statement which must be attached to the document and which must read substantially as follows: "I am requesting an emergency nonstandard recording for so additional fee as provided in ILL W 36.1 S.M. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original. document." CFW 000020 EXHIBIT B TO CONCOMITANT AGREEMENT DEVELOPMENT PLAN n 9 CFW 000017 !OTES: 70' MINIMUM SECTION. PRINCIPAL MINOR COLLECTOR .30' CLASS A .67'• CLASS A :50' CLASS A .85' CLASS E .50' CSTC .50' CSTC .50' CSTC" OR OR .30' CLASS A .30' CLASS A .85' ATB .70' ATB 3 LANES EXHIBIT •SECTION M PMUE U ` -O FI 127H AVENUE 5 PuBuc ENT QEPARTMENT I ARTERIAL/COLLECTOR EPA OWQ. NO. CFW 000019 I KING COUNTY R'ECDRDER � 0 4TH AVENUE,. ROOM 311 SEATTLE► WA• 99104 - 206-2%-1570: i ISSUED TO:CAROLYN-M BACKy - - RECEIPT #� 600572 r �� 06/03/?005 01:48:55-.Plf DESCRIPTION Y~ ~FEE C]PY,CDNFO 2 M� - -_Y 2.06 I 4855 20050603001038. AGREEMENT '15 PGs 33.00 OTH'R,NON- I PG -50.00 49:55 Z0050603001039 AGREEMENT 18 pm . 36.00- OTHER.NDN- 1 PG 50:00 Total- Amount Due $171.00 Tpfal N*er Noce': 2 ,CHECK'4839� 171;Oq Total'Payments: $1k. 00 -VISIT US.Ai WWW.METROKO.G0V/ RECELEC/RECOR05/.- Deputy: LISAN CFW 000021 FILE CITY OF A. Federal February 3, 2006 Eric Oehler CES NW, Inc. 5210 12`t' Street East, Suite 200 Fife, WA 98424 CITY HALL 33325 8th Avenue South • PO Box 9718 Way Federal Way, WA 98063-9718 (253) 835-7000 www.cilyoffederalway.com RE: File No. 05-105180-00-EN; Campus Crest Preliminary Plat Engineering Plans Review 700 SW Campus Drive - Additional Technical Comments Dear Mr. Oehler: In addition to the comments provided in the January 24, 2006 review letter from Sean Wells, the following condition of preliminary plat approval regarding retaining wall design must be addressed in the revised engineering plans - Preliminary plat approval condition number 8: If included in the final engineering design, retaining walls and rockeries on individual lots shall be harmonious with the residential use of the site and shall promote residential design themes through such means as terracing, orientation, natural material selection, use of vegetation screening, and textural treatment to be designed by the applicant and approved by the Community Development Services Department. Due to the proximity to Campus Drive and the potential aesthetic impact from large untreated walls, retaining walls shall be a maximum height offour feet within Tract G, and a maximum height of nine feet of exposed surface above grade in Tract M. Any walls in Tract M shall include but are not limited to the following design features: horizontal and vertical undulation,- terracing with a minimum width of six feet between terraces to allow a safe area for maintenance; landscape screening,- and wall texturing. The project must comply with all applicable code requirements and conditions of project approval. If you have any questions or comments regarding this letter contact me at 253-835-2641 or jim.harris@cityoffederalway.com. Sincerely, i�IaTris Senior Planner c: Mike Kershner, Campus Crest Properties, LLC, 6902 Ford Drive NW, Gig Harbor, WA 98335 Jim Jaeger, Jaeger Engineering, 9419 South 204`h Place, Kent, WA 9SO31 Sean Well, Senior Engineering Plans Reviewer William Appleton, Development Services Manager 05-105180 Doc I D 34965 C,EVS,NW1hc. Civil Engineering & Surveying August 30, 2005 Mr. Jim Harris Senior Planner City of Federal Way 33325 8"' Avenue South Federal Way, WA 98063-9718 Project: Campus Crest Subject: Tree Survey Dear Mr. Harris: 5210 12th St. E. Suite 200 Fife, WA 98424 Phone: (253) 922-1532 Fax: (253) 922-1954 REVISION DATE AUG 3 12005 As requested by the City of Federal Way we are providing this letter on behalf of our client, Campus Crest Properties LLC, to outline our approach at resolving the tree inventory issue for the proposed Campus Crest plat now that the existing trees have been harvested. As previously discussed with you, the City is now requiring that the remaining stumps over the entire site shall be inspected to determine whether it was a significant tree both by species and diameter. Classification of the remaining stiunps as significant trees will be done by following the significant tree criteria as outlined in the City of Federal Way Municipal Code section 22- 1568. We intend to accomplish the tree inventory by having someone from our staff with a forestry degree identify and mark all significant and non -significant trees over the entire site with 2 different paint colors sprayed on top of the stump. Stumps that have been deemed a significant tree will also be labeled with a point number. Once the significant tree identification is complete we will have one of our survey crews field locate all of the significant trees by point number. From the survey information a topographic base map showing the significant tree locations over the entire site that will be created and submitted to the City for review and approval. Sincerely, Eric Oehler Senior Project Engineer P:\05109\Tree Survey Letter.doc CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: August 5, 2005 TO: Sean Wells, Senior Engineering Plans FROM: Jim Harris FOR MTG. ON: Wednesday August 10, 2005 @ 3:00 PM FILE NUMBER(s): 05-103793-00-AD RELATED FILE NOS.: None PROJECT NAME: CAMPUS CREST . PROJECT ADDRESS: 700 SW CAMPUS'DR PROJECT DESCRIPTION: Revised grading concept. Attached is a set of plans from CES that shows a revised grading concept for the Campus Crest Plat. I have set a meeting for Wed August. 10, 2005 to discuss the proposed..revisions to the grading. We will need to determine if the revised grading plan complies with the approved prel'iminary grading plan. So we will need to compare the new plan to the.plan approved with the pre -plat application. Let me know if you need a copy of the pre plat plans and preliminary grading plan approved by the City Council. PROJECT CONTACT: CES NW Seabrook Schilt 5210 12TH ST E Suite 200 2539221532 (Work) MATERIALS SUBMITTED: Preliminary Plat conceptual drawing Return Address: ❑� rEdfr a.6 P•o, Box 9i W CONFORMED COPY 20050603001038 522heN M BACK AG 83.00 pAG�001 OF 016 KING Co NTY' WA8 .Phase nrint nr fvne information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65-04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) L Cron rt.,. 11e f r a"a J) P6 0(.4) 6. few 4. Reference Number(s) of Documents assigned or released: Additional reference Ws on page of document Grantor(s) (Last name, first name, initials) 2. r� Additional names on page of document. Grantee(s) (Last name first, then first name and initials) 1. 0 [ ,e_'V•( UMAf 2. 14 Additional names on page of document. Legal -description (abbreviated:- i-.e.-lot, block, plat or section,- township, -range) Vic• ! IT�IU � I � �G� Additional legal is on page I� of document. Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. f 6,,e�;�ignature of Requesting Party 6-�-os CONCOMITANT AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND DONALD L. GARDNER INC. FOR DEVELOPMENT OF CAMPUS HIGHLANDS TOWNHOME PROPERTY (PARCEL 7) MA YL7,2005 The City of Federal Way ("City") and Donald L. Gardner Inc., ("Owner"), a Washington corporation, collectively referred to herein as "the Parties", enter into the following concomitant agreement ("Agreement") replacing an earlier concomitant agreement, changing the allowed use under that earlier agreement, and defining the necessary right-of-way improvements associated with the development of a parcel of property, specifically described below in Section 2 ("Parcel 7"). WHEREAS, the City of Federal Way, Washington, a non -charter optional municipal code city incorporated under the laws of Washington, has authority to enact laws and enter into agreements to promote the public health, safety, and general welfare of its citizens and thereby control the use and development of property within its jurisdiction; and WHEREAS, a concomitant agreement was entered into between the City and the previous owners, Polygon 2000 and Quadrant Corporation, in February 1990 regarding the zoning of Campus Crest Property Parcel 7; and WHEREAS, an additional amendment to the 1990 concomitant agreement via Resolution 93-144 altered the original conditions applicable to Parcel 7; and WHEREAS, various terms of the 1990 concomitant agreement as amended are no longer applicable to the proposed use and development of Parcel 7; and _WHEREAS,_theOwner.desiresAo_develop-Pnrcet7-in.a.manner. different -than-what-is- allowed in the 1990 concomitant agreement .as amended and has initiated a discussion with the City with respect to amending the 1990 concomitant agreement; and WHEREAS, both Parties agree that a new Agreement is appropriate; and WHEREAS, the City wishes to preserve its rights under the 1990 concomitant agreement as amended, including development being restricted to residential use, predetermined buffer area, maximum density requirements, and right-of-way improvements; and NOW THEREFORE, in consideration of the mutual promises and obligations set forth herein, it is hereby covenanted and agreed by and between the Parties hereto as follows: 1. Description of Agreement. This Agreement is a concomitant agreement that allows for a change in the allowed use, of certain property subject to a previous concomitant agreement, as well as, development standards and conditions governing the use of the property. The Agreement provides the developer with certainty regarding the local regulations and mitigation requirements that will govern development for a specified project. The concomitant agreement is a condition to and limitation upon the change of use of the property, if adopted by the City Council. That is, if the allowed use is changed subject to concomitant agreement, its use and development is restricted both by the regulations applicable to the underlying zoning classification and the provisions of the concomitant agreement, and where development standards in the agreement are more restrictive, they govern property development. The development of the property is conditioned and limited by the concomitant agreement. This Agreement supersedes the 1990 concomitant agreement as amended by Resolution 93-144 as it applied to Parcel 7. 2. Location. Donald L. Gardner Inc. is the owner of certain real property, King County tax parcel numbers 192104-9008 and 192104-9043, situated in Federal Way, -Washington, located along the west side of SW Campus Drive south of the intersection at 1 Oth Avenue SW ("Parcel 7"). Parcel 7 is more particularly described on Exhibit A attached hereto and incorporated herein by this reference. 3: Project Description. The Project consists of development.of 114 single-family lots as depicted on the Development Plan, attached hereto as Exhibit B (the "Development Plan"). 4. Concomitant Agreement. If the allowed use of Parcel 7 is changed from multi -family to single-family by the Federal Way City Council, Owner and the City agree that Parcel 7 may be developed only in accordance with the standards and mitigation set forth in the Agreement. Parcel 7 shall be developed as described in the Agreement, and as depicted in the Development Plan. The allowable use of the property shall be limited to that described in the Agreement. All development standards, including mitigation, identified in the Agreement shall apply to property development. No development on Parcel 7 shall be inconsistent with the Agreement or City Code. Parcel 7 is subject to the Agreement, and shall be developed only in accordance with the development standards identified within the Agreement, neluftg.a Developme -P a% unLeL.-__..____. and until the Agreement is amended or rescinded, as authorized by the City. 5. Development of Property. 5.1 Permitted Uses. Owner covenants and agrees that it will limit any use of Parcel 7 to single-family residences, as depicted in the Development Plan, attached as Exhibit B. 5.2 Relationship Between City Development Regulations and Development Standards Identified in AgLeement. Development Regulations include all provisions of the Federal Way City Code (FWCC), including without limitation FWCC Chapters 18 through 22. The Agreement establishes site -specific development standards, including mitigation. Property development shall be consistent with both development regulations and the development standards identified in the Agreement. Where the development standards in the Agreement are more restrictive, they shall govern development of Parcel 7, as specified herein. 2 6. Development Standards, Including Mitigation. The Project shall be consistent with all specified development standards. Owner shall construct, install or implement, as part of Project construction, all mitigation required by the Agreement. 6.1 Project Design and Site Configuration. 6.1.1 Permitted Development. Owner agrees that development shall be of single-family residences only. No other development will be allowed without an amendment to this Agreement. 6.1.2 Buffer Open Space Tract. Owner agrees to provide an open space tract, averaging 45 feet in width along SW Campus Drive, as depicted in the Development Plan, attached as Exhibit B. City agrees that up to two'percent (2%) of this tract will qualify as buffer open space under FWCC 20-155. 6.1.3 Maximum Density. The maximum density for Parcel 7 shall be 114 single-family lots, as depicted in the Development Plan, attached as Exhibit B. 6.2 Right-of-wLLy im rovements. Owner shall perform, as part of Project construction and prior to issuance of final plat approval unless otherwise noted, the following right-of- way improvements described in the attached Exhibit C as required and approved by the Director of Public Works. 6.2.1 12U' Avenue SW. The portion of 12t` Avenue SW located within Parcel 7: a. Dedicate 14 feet of Right -of -Way to the City. Right -of -Way dedication to be via Statutory Warranty Deed. b. Provide street improvements for the east side of the right-of-way: six-foot -- L3n d-stred-U&"ght-faet-cew"Wsidew'- and three-foot utility strip. 6.2.2 SW Cam us Drive. SW Campus Drive, along Parcel 7 frontage: a. Dedicate seven feet of Right -of -Way to the City. Right -of -Way dedication to be via Statutory Warranty Deed. b. Construct additional asphalt paving to widen SW Campus Drive to provide for a full -width Section `E' Roadway per City Standards, complete with concrete curb and gutter, six-foot planter strip with street trees and street lights, eight - foot concrete sidewalk, and three-foot utility strip. c. Provide sufficient new roadway tapers and transitions from the widened paved edge at the property boundary. 7. Other Project Review Processes. The Project will be subject to preliminary plat approval, engineering plan review, final plat approval, and any other applicable review processes. The final design of the buildings and other improvements, precise location of'building footprints, location of 3 utilities, determination of access points, and other design issues will be determined during that process and must be consistent with the Agreement and the Development Plan. 8. Waiver and Mutual Release of Claims of Invalidity. The City and Owner acknowledge and represent that the terms of this Agreement have been jointly negotiated and that each party enters into this Agreement voluntarily. Further, Owner and the City agree that this Agreement is authorized under law and each party waives any claim that the Agreement is invalid or illegal. The agreements and representations in this Section are material to this Agreement and are being relied upon by both Parties. 9. General Provisions. 9.1 Binding on Successors. 9.1.1 The Agreement shall bind and inure to the benefit of the Parties and their successors in interest, and maybe assigned to any successor in interest to the Project property. 9.1.2 This Agreement is intended to protect the value of, and facilitate the use and development of, Parcel 7 and to protect the public health, safety, and welfare of the City. Therefore, the covenants set forth herein shall be construed to and do touch and concern Parcel 7 and the benefits and burdens inuring to Owner and to the City from this Agreement shall run with the land and shall be binding upon Owner, its heirs, successors, and assigns, and upon the City. 9.2 Goveming Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. Venue for any action to enforce the terms of this Agreement shall be in King County Superior Court. 9.3 Severability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. 9.4 Authori . The City and Owner each represents and warrants to the other that it has the respective power and authority, and is duly authorized, to execute and deliver this Agreement and that the persons signing on its behalf are duly authorized to do so. Owner further represents and warrants that it is the fee owner of Parcel 7, that it has authority to agree to the covenants and provisions contained herein, and that there are no other persons, entities, or parties with any fee interest in Parcel 7. 9.5 Amendment. This Agreement may be modified only by written instrument authorized by the City Council and duly executed by the City Manager and Owner, and their successors and 4 assigns; provided, however, notwithstanding the provisions of this Agreement to the contrary, the City of Federal Way may, without the agreement of Owner, adopt and impose upon Parcel 7 restrictions and development regulations different than those set forth herein, if required by a serious threat to public health and safety. Moreover, five years after the date of the execution of the Agreement, the City may elect, without the agreement of Owner, to apply development regulations in effect at that time to any development within the scope of the Agreement that is not vested at that time, pursuant to the prior submittal to the City of a complete building permit application. 9.6 Exhibits. All exhibits attached hereto are incorporated herein by this reference as if fully set forth herein. 9.7 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. 9.8 Integration, Scope of Agreement. This Agreement and its exhibits represent the entire agreement of the Parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. This Agreement does not set forth all conditions applicable to the Project to the extent that additional conditions maybe imposed as part of any permit issued by the City; as required by the Federal Way City Code as determined by the discretion of the Directors of the Departments of Community Development Services and/or Public Works. 9.9 Enforcement. Subject to the notice and cure provisions of this section, in the event either party fails to satisfy any of its obligations under this Agreement, the other party shall have the right to enforce this Agreement by an action at law for damages or in equity for specific Lperformance. The �P,arties acknowledge wlpeddg�e.] ftha pate Ada}ama}ges are not an adequate rremedyy for breach _I l V e.I I I1�.r tart-y--h --C dd'.tlon.to,the-re li edicts•set-fort aytn "4naicdal-bL'� oily' of this Agreement by Owner, and after notice to the Owner and an opportunity for Owner to cure the breach as set forth below, the City may enforce this Agreement under the enforcement provisions of the Federal Way City Code in effect at the time of the breach, and/or it may terminate this Agreement and take action to amend the Comprehensive Plan and zoning designation of the Parcel 7. No party shall be in default under this Agreement unless it has failed to perform its duties or obligations under this Agreement for a period of thirty (30) days after written notice of default from the other party. A notice of default shall specify the nature of the alleged default and the manner in which the default maybe cured. If the nature of the default is such that it cannot be reasonably cured within thirty (30) days, then a party shall not be deemed in default if the party commences a cure within thirty (30) days and, thereafter, diligently pursues completion of the cure. 9.10 Attomeys Fees. In any action brought to enforce this Agreement or for damages resulting from a breach thereof, the prevailing party as determined by the court, shall be entitled to recover its reasonable attorneys' fees. G 9.11 Police Power. Nothing in this. Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. This Agreement is an exercise of the City's police powers, the authority granted under RCW 36.70B.170-.210, and other laws. 9.12 Recording, Assignment. The Agreement shall be recorded with the Real Property Records Division of the King County Records and Elections Department. 9.13 No Third Parties. The Agreement is made and entered into for the benefit of the parties hereto and their successors and assigns. No other person or entity is an intended third party beneficiary. No other person or entity shall have any right of action under this Agreement. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. CITY OF FEDERAL WAY, DONALD L. GARDNER INC. a W o munici 1 corporation a Washington corporation BY: BY: David H. Moseley, City Mana er Donald L. Gardner President Date: �-hj Date: ,ATTEST: This/ `day of May 2005 ,-,- (- N. Ohristine re —en, CM Federal Way City Clerk Approved as to Form for City of Federal Way: tricia A. RiQo RaXds-on, City Wttorney 31 STATE OF WASHINGTON ) )ss. COUNTY OF KING (-k- ) On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn;�ar kiL- %ay d2 h,a ✓ to me known to be they rt t -'d-0--Fof Donald L. Gardner Inc., a Washington corporation, the corporation that executed the within and foregoing instrument, and acknowledged said -instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that(ERshe is authorized to execute said instrument on behalf of said corporation. Given under my hand and official seal this3v � day of 2005. p �y,1 t4EF? HaFFa �✓�e-.� FF 9 (typed/printed name of notary) Notary Public in and for the State of Washington. :aaa;jV ►Z7 O Y,p My commission expires:lt Q K:\CD\Campus Crest Concomitant 7 Vi 8' 1 6' 12' 11 ' 11 ' 6' 12' 12' 6' 8' 13' All. Sidewalk Planier Left Turn Planler Sidewalk ulll Median (where LT not needed) 64' 98' MINIMUM SECTION PRINCIPAL MINOR .30' CLASS A .67' CLASS.A .85' CLASS E .50' CSTC .50' CSTC OR .30' CLASS A .8.5' AT 4 LANES + MEDIAN SECTION E cAwus DRIVE swEXHI B I T NOTES: r . PAGE_ PUBLIC . WORKs ARTERIAL DWG. NO. DEPARTMENT 3-2E EXHIBIT A TO CONCOMITANT AGREEMENT LEGAL DESCRIPTION OF PARCEL 7 EXHIBIT "A" TO CONCONHTANT AGREEMENT Legal Description Those Portions of the Northeast Quarter of the Northwest Quarter and the Southeast Quarter of the Northwest Quarter all in Section 19, Township 21 North, Range 4 East, Willaette Meridian, in King County, Washington, said portions being more particularlym described as follows: "Commencing at the west quarter corner of said Section 19, thence along the east/west centerline of said Section 19 South 8805222" East 1,282.94 feet to the Southwest corner of the Southeast Quarter of said Northwest Quarter; Thence along the west line thereof North 01 013'12" East 202.55 feet to the Northwesterly line of that certain easement granted to the United States of America for electrical transmission lines by documents recorded under recording numbers 3194572, 3258849 and 5029580, in King Country, Washington and the true point of beginning; Thence continuing along said west line and the west line of said Northeast Quarter of said Northwest Quarter north 01 013'12" east 1,502.83 feet to a,point on the southerly margin of the lands described in deed recorded under recording number 8501170665, in King County, Washington, said point being on a curve concave to the northeast having a radius -of 842.00 feet and to which point -a -radial line bears south 47011-'42" west; Thence along said margin southeasterly and easterly 801.22 feet along said curve through a central angle of 54°31 '16" to the beginning of a reverse curve concave to the southwest having a radius of 618.00 feet (a radial line through said beginning bears north 07°19'34" west); Thence continuing along said margin easterly and southeasterly 647.38 feet along said curve through a central angle of 60001 'I1 " to said northwesterly line of that certain easement granted to the United States of America for electrical transmission lines by document recorded under recording numbers 3194572, 3258849 and 5029580, in King Country, Washington; Thence along said northwesterly line south 5205844" west 1, 662.66 feet to the true point of beginning. " EXHIBIT B TO CONCOMITANT AGREEMENT DEVELOPMENT PLAN EXHIBIT C TO CONCOMITANT AGREEMENT SECTION 6.2 RIGHT-OF-WAY IMPROVEMENTS 10 4 aI. oP cr . i n, 4 n9 4 np C0 o0 i9 PRINCIPAL .30' CLASS A .85' CLASS E .50' CSTC' N❑TES- 70' MINIMUM SECTION MIN❑R .67' CLASS A .50' CSTC OR .30' CLASS A .B5' ATB COLLECTOR -50' CLASS A .50' CSTC OR .30' CLASS A .70' ATB 3 LANES EXHIBIT G SECTION M PAGE_..,.-aF _ 12' AVENUE SW'` PUBLIC WORKS DWG. N0. wzma--4--mDEPARTMENT ARTERIAL/COLLECTOR 3-2M .