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15-100497eirr OF Federal Way February 10, 2015 Bob Howard A Advance Septic and Construction 11603 Canyon Road East Puyallup, WA 98373 CITY HALL FiLL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com RE: File #15-100497-00-AD; RESPONSE TO INQUIRY Bruell Testamentary Plat Low Pressure Sewer Extension, *No Site Address*, Federal Way Dear Mr. Howard: The City of Federal Way's Community Development Department has completed the technical review of your request to intrude into critical area setbacks for the purposes of installing a 2-inch sewer line per Lakehaven Utility District standards. The project proposal is to install a Low Pressure Sewer (LPS) connection along 23`d Avenue SW. Improvements would bo located within a private road easement along the shoulder of the existing gravel road. The removal of four small oak trees and blackberries are also proposed. A portion of the proposed improvements intrude within a geologically hazardous area. The LPS system extension is necessary to connect the remaining Bruell Testamentary lots to sewer for the development of single family homes. GEOLOGICALLY HAZARDOUS AREAS According to the City's Critical Areas map, a portion of the LPS improvement is located within a geologically hazardous area (erosion and landslide hazard areas). Pursuant to FWRC 19.160.010(2), the Director of Community Development is authorized to grant approval of intrusion into such areas if the following two criteria are met: (1) no reasonable alternative exists, and (2) the development activity or land surface modification will not lead to or create any increased slide, seismic, or erosion hazard. No reasonable alternative exists as the proposed LPS will be to accommodate future homes in the area and no other location is feasible. After reviewing a Geotechnical Report, prepared by Development Engineering, PLLC, dated January 6, 2014, for a new single family house near the improvements, it appears that no active erosion, landslide, or steep slope are present in the vicinity. Clearing and grading for the project include a tracked machine with a 6-foot-wide clearing and 12-inch bucket; the LPS will be _installed at a depth of 36 inches. The impact to the overall area is minimal. CLOSING As such, the proposed LPS improvements are hereby authorized to intrude into the geologically hazardous area. The project is exempt from the Federal Way Revised Code (FWRC) Chapter 19.120, Clearing, Grading, and Tree and Vegetation Retention. Specifically, FWRC 19.120.030(6), Excavations for utility service connections to serve existing and/or new structures. No additional land use review is required. Mr. Howard February 10, 2015 Page 2 This approval shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this decision. A City of Federal Way right-of-way permit has been issued for this project, File #15-100327-00-SR. If you have any questions regarding this decision, please contact Associate Planner Becky Chapin at 253- 835-2641, or becky.chapin@cityoffederalway.com. Sincerely, Larry . razier, ir Interim Community Development Director enc: Approved Site Plan c: Via email to Bob Howard, bob@guniagroup.com Becky Chapin, Associate Planner 15-100497 Doe. I D. 67970 PLLC January 6, 2014 Bruell Family, LLC 30008 — 23`d Avenue SW Federal Way, WA 98023 PERMIT #: 14-1 QQ567-0D-SF ADDRESS: PROJECT: New SFI 5H1=BEES DATE: 274714 P.O. Box 446 Tacoma, WA 9840 Ph (253) 228-0513 r E C YE; d V E D www.de-civil.com CITY OF FEDERAL WAY CDS Geologic Assessment: Landslide Hazard Geotechnical Report "n Proposed Residence XXX 23'd Avenue SW ammm Federal Way, Washington PN:012103915208 Job:14-006 Bruell.LHGL INTRODUCTION This report presents the results of our landslide hazard assessment for the proposed residence to be located near 30XX — 23`d Avenue SW in the City of Federal Way, Washington. The general location of the site is shown on the attached Site Vicinity Map, Figure 1. Our understanding of the project is based on our discussions with you, and our December 30, 2013 site visit. We -understand that you are in the process of applying for a building permit for anew residence to be located on the above mentioned lot. We also understand that the residence will be constructed utilizing conventional wood framing and spread concrete footings. Clearing and grading is expected to be limited to that required to develop sufficient access to the new building site. SCOPE The purpose of our services is to evaluate the surface and subsurface conditions at the site as a basis for assessing potential adverse impacts to and from the slopes located within the site area. We understand that because of the height and inclination of the slopes on the site, a geotechnical assessment is being required by Pierce County to address geologic hazards at the site. Specifically, our scope of services for the project included the following: 1. Reviewing the available geologic, hydrogeologic and geotechnical data for the site area. 2. Performing a geological reconnaissance of the site to assess the site's soil, groundwater and slope conditions. 3. Exploring shallow subsurface conditions at the site by monitoring the excavation of a series of backhoe test pits at the site. 4. Evaluating the engineering characteristics of the soils encountered at the site, as appropriate. 5. Providing geotechnical recommendations for site grading including site preparation, subgrade preparation, fill placement criteria, suitability of on -site soils for use as structural fill, temporary and permanent cut and fill slopes, drainage and erosion control measures. 6. Providing recommendations and design criteria for building foundation and floor slab support, including allowable bearing capacity, subgrade modulus, lateral resistance values and estimates of settlement. 7. Providing site -specific seismic criteria based on the subsurface conditions encountered at the site. 14-006 BrueII.LHGL January 6, 2014 Page 2 8. Preparing a written report summarizing our observations, conclusions and recommendations along with the supporting data. Subsurface explorations or laboratory testing were completed as part of this assessment. SITE CONDITIONS Surface Conditions The subject parcel is located in the 3000 block of 23`d Avenue SW in the City of Federal Way, Washington. The parcel is rectangular in shape measuring approximately 180 feet in length (north to south) by 137 feet in width (west to east) and encompasses approximately 0.56 acres. The site is currently undeveloped and is well vegetated pasture and low brush. Access to the site is from 23'd Street SW a private road. The site is located within an upland area of the Poverty Bay Shoreline. The site is uniformly sloping down from south to north at 10 to just over 20 percent grades. Surrounding areas are also similarly sloped. Overall elevation change across the property is approximately 30 feet. The site is bounded by residential development on the north, south, west and east. A site plan was available at the time of writing this report and is included as Figure 2, Site Plan for the reader's convenience. No seepage was observed at the time of our site visit. No evidence of deep-seated slope instability was observed at the site or the adjacent areas at the time of our site visit. No erosion, or other soil movement was observed at the time of our site visit. At the time of our site visit the property was well vegetated with grass and shrubs. Site Soils The USDA Natural Resource Conservation Service Web Soil Survey for Pierce County mapped the soils in the area of the site as Alderwood gravelly sandy loam (AgB). The Alderwood soils are generally derived from glacial till under conifers on slopes of 0 to 6 percent and are not listed as having a erosion hazard. Based on our site observations the site is consistent with the mapped soils with the exception of the slope designation. A copy of the SCS map for the site vicinity is attached as Figure 3. No groundwater seepage was observed on the site or adjacent areas. Geologic Conditions The Geologic Map of the Poverty Bay Z5-minute quadrangle, King County Washington: by Booth, D. B., Waldron H. H., and Troost, K. G., (2003), maps the site as being underlain by glacial outwash soils (Qvr & Qva). These glacial soils were deposited prior to and during the most recent Vashon Stade of the Fraser Glaciation, approximately 12,000 to 15,000 years ago. The advance outwash (Qva) glacial soils consists of a mixture of clay, silt, sand, and gravel that was deposited at the base of the prehistoric continental glacial ice mass and were subsequently over -ridden. Glacial soils overridden by glacial ice can be considered overconsolidated, which typically exhibit high strength and low compressibility characteristics. Recessional soils (Qvr) are deposits which were not overridden by glacial ice and can be considered normally consolidated exhibiting moderate strength and compressibility characterstics. An excerpt of the above referenced map in included as Figure 4. The Coastal Zones Atlas maps the site as, S (Stable), while the near shoreline areas outside of the site are mapped as Uos (Unstable old Slide) and I (Intermediate). A copy of the Coastal Zones Atlas is included as Figure 5. 14-006 BrueII.LHGL January 6, 2014 Page 3 Test Pit Procedures Subsurface conditions at the site were evaluated by digging two test pits at selected locations across the site. The test pits were excavated by a small track -mounted excavator working under contract to Development Engineering, PLLC. We continuously monitored the excavation of the test pit excavations and logged the subsurface conditions encountered in the test pits in general accordance with the Unified Soils Classification System described in Figure 6. Copies of the test pit logs are included in Figure 5. The test pits were excavated to depths of 9 and 8 feet below the existing ground surfaces. The test pits were backfilled after our observations and the soils tamped with the backhoe bucket, but not otherwise compacted. Because the soils encountered were consistent between the test pits, the geologic maps and our previous work in the area, it is our opinion that no additional subsurface explorations are required to evaluate the subsurface conditions at the site. Subsurface Conditions Our test pits encountered relatively uniform subsurface conditions that generally confirm the mapped stratigraphy. In general, our test pits encountered 2 to 3 feet of weathered till overlying dense glacial till material. The till was encountered to the full depth explored in all of the test pits. No caving was observed in any test pits. Groundwater Groundwater seepage was not encountered in our test pits at the time of excavation. However, we interpret the observed presence of mottling of weathering and (oxidization) to indicate the presence of a "perched" groundwater condition. Perched groundwater develops when the vertical infiltration of water through a shallow, more permeable soil is slowed by a deep, less permeable soil. Throughout the year, groundwater levels would likely rise and fall in response to changing precipitation patterns, off -site usage, nearby construction activities, site utilization, and other factors. Geologically Hazardous Areas Indicators — per City of Federal Way, Chapter 18 The City of Federal Way Municipal Code, Article II, Chapter 18 defines geologically hazardous areas as those areas susceptible to erosion, landsliding, seismic, or other potentially hazardous geological processes. Landslide hazard areas are those areas potentially subject to episodic downslope movement of a mass of soil or rock including but not limited to the following areas: a. Any area with a combination of: 1) Slopes greater than 15 percent; 2) Permeable sediment (predominately sand and gravel) overlying relatively impermeable sediment or bedrock (typically silt and clay); and 3) Springs or groundwater seepage. b. Any area which has shown movement during the Holocene epoch, from 10,000 years ago to the present, or which is underlain by mass wastage debris of that epoch. c. Any area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action. d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to inundation by debris flows or flooding. 14-006 BrueII.LHGL January 6, 2014 Page 4 e. Those areas identified by the United States Department of Agriculture Soil Conservation Service as having a severe limitation for building site development. f. Those areas mapped as Class U (unstable), UOS (unstable old slides), and URS (unstable recent slides) by the Department of Ecology. g. Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking. CONCLUSIONS Based on the results of our data review, site reconnaissance, subsurface explorations and our experience in the area, it is our opinion that the site is suitable for the proposed residential development. Landslide Hazard Indicators — per City of Federal Way, Chapter 18 The City of Federal Way, Chapter 18 uses the above referenced 7 item checklist to define a landslide hazard area. Based on our observations of the site and review of published information, we offer the following comments. No areas with a combination of slopes greater than 15 percent, permeable sediment (predominately sand and gravel) overlying relatively impermeable sediment or bedrock (typically silt and clay), and springs or groundwater seepage. No areas which have shown movement during the Holocene epoch, from 10,000 years ago to the present, or which is underlain by mass wastage debris of that epoch. No areas potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action. No areas located in a ravine or on an active alluvial fan, presently or potentially subject to inundation by debris flows or flooding. No areas identified by the United States Department of Agriculture Soil Conservation Service as having a severe limitation for building site development. No areas mapped as Class U (unstable), UOS (unstable old slides), and URS (unstable recent slides) by the Department of Ecology. No areas of slopes having gradients greater than 80 percent subject to rockfall during seismic shaking. Based on our site observations, the site does not meet the criteria outlined above for a landslide hazard area. Erosion Hazard Indicators — per City of Federal Way, Chapter 18 The City of Federal Way, Chapter 18 defines an erosion hazard area as those identified by the U.S. Department of Agriculture Natural Resources Conservation Service as having a moderate to severe, severe, or very severe erosion hazard because of natural characteristics, including vegetative cover, soil texture, slope, gradient, and rainfall patterns, or human -induced changes to natural characteristics. The Alderwood soils (AgB) mapped as underlying the site are classified as having a "slight" potential for erosion hazards. Temporary and permanent erosion control measures will be installed and maintained during construction or as soon as practical thereafter to limit the influx of additional water to exposed or disturbed areas. Erosion control measures should include, but should not be limited to, berms and swales with check dams to direct surface water runoff, ground cover/protection in exposed areas and silt fences where appropriate. Graded areas should be shaped to avoid concentrations of runoff onto cut or fill slopes, natural slopes or other erosion -sensitive areas. Temporary ground cover/protection 14-006 BrueII.LHGL January 6, 2014 Page 5 such as jute matting, excelsior matting, wood chips or clear plastic sheeting may be used until the permanent erosion protection is established. Seismic Based on the subsurface units mapped at the site, we interpret the structural site conditions to correspond to Site Class "C" in accordance with Table 1615.1.1 in the 2003 IBC (International Building Code) documents. This is based on the likely range of equivalent SPT (Standard Penetration Test) blow counts for the soil types observed in the site area. These conditions were assumed to be representative for the conditions based on our experience in the vicinity of the site. The City of Federal Way Municipal Code defines Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting. These conditions occur in areas underlain by cohesionless soils of low density usually in association with a shallow groundwater table. Based on the relative density and fine-grained nature of the glacially derived soils observed on the site, it is our opinion that the risk for liquefaction to occur at this site during an earthquake is negligible and does not meet the technical criteria of a seismic hazard. Recommended Buffers and Setbacks Since no active erosion, landslide, or steep slope is present on the site, no prescriptive buffer should be required by the City of Federal Way. The City of Federal Way building department may require a building setback in accordance with the IBC standard requirements. The IBC requires a building setback from slopes that are greater than 30 percent unless evaluated and reduced, and/or a structural setback is provided, by a licensed geotechnical engineer. Based on our site observations, there are no slopes on the site that are over 30% grade, therefore the IBC prescriptive setback does not apply. Site Preparation Areas to be graded should be cleared of deleterious matter including any existing structures, foundations, abandoned utility lines, debris and vegetation. The portions of the site still covered with vegetation should be stripped of any forest duff and organic -laden soils. We anticipate stripping depths of 1 to 1 Y4 feet based on test pit logs. The stripped topsoil may be stockpiled and later used for erosion control and landscaping/revegetation. Materials that cannot be used for landscaping or erosion control should be removed from the project site. Given the nature of the site soils, these soils may, or may not, be reused as structural fill provided they meet the criteria described in the "Structural Fill" section of this report. Where placement of fill material is required, the stripped/exposed subgrade areas should be compacted to a firm and unyielding surface prior to placement of any fill. We recommend that trees be removed by overturning in fill areas so that a majority of the roots are removed. Excavations for tree stump removal should be backfilled with structural fill compacted to the densities described in the "Structural Fill" section of this report. Any soft, loose or otherwise unsuitable areas delineated during proof -rolling or probing should be recompacted, if practical, or over -excavated and replaced with structural fill, based on the recommendations of our site representative. 14-006 BrueII.LHGL January 6, 2014 Page 6 Structural Fill All material placed as fill associated with mass grading, such as utility trench backfill, under building areas, or under roadways should be placed as structural fill. The structural fill should be placed in horizontal lifts of appropriate thickness to allow adequate and uniform compaction of each lift. Fill should be compacted to at least 95 percent of MDD (maximum dry density as determined in accordance with ASTM D-1557). The appropriate lift thickness will depend on the fill characteristics and compaction equipment used. We recommend that the appropriate lift thickness be evaluated by our field representative during construction. We recommend that our representative be present during site grading activities to observe the work and perform field density tests. The suitability of material for use as structural fill will depend on the gradation and moisture content of the soil. As the amount of fines (material passing US No. 200 sieve) increases, soil becomes increasingly sensitive to small changes in moisture content and adequate compaction becomes more difficult to achieve. During wet weather, we recommend use of well -graded sand and gravel with less than 5 percent (by weight) passing the US No. 200 sieve based on that fraction passing the 3/4-inch sieve. If prolonged dry weather prevails during the earthwork and foundation installation phase of construction, higher fines content (up to 10 to 12 percent) will be acceptable. Material placed for structural fill should be free of debris, organic matter, trash and cobbles greater tharf 6-inches in diameter. The moisture content of the fill material should be adjusted as necessary for proper compaction. Suitability of On -Site Materials as Fill During dry weather construction, any nonorganic on -site soil may be considered for use as structural fill; provided it meets the criteria described above in the structural fill section and can be compacted as recommended. If the material is over -optimum moisture content when excavated, it will be necessary to aerate or dry the soil prior to placement as structural fill. The deeper, native soils encountered in our test pits appeared to be near their optimum moisture content. The site soils have a high fines and moisture content and will be difficult or impossible to reuse as structural fill. If fill material is imported to the site for wet weather construction, we recommend that it be a clean sand and gravel mixture, such as high quality pit run with less than 5 percent fines, or crushed rock. Foundation Support Based on the encountered subsurface soil conditions encountered across the site, we recommend that the proposed building be supported on spread footings that bear directly on the medium dense native weathered till, deeper glacial till, or on structural fill that extends to suitable native soils. The soil at the base of the excavations should be disturbed as little as possible. All loose, soft or unsuitable material should be removed or recompacted, as appropriate. A representative from our firm should observe the foundation excavations to determine if suitable bearing surfaces have been prepared, particularly in the areas where the foundation will be situated on fill material. We recommend a minimum width of 2 feet for isolated footings and at least 16 inches for continuous wall footings. All footing elements should be embedded at least 18 inches below grade for frost 14-006 Bruell_LHGL January 6, 2014 Page 7 protection. Footings founded less than 5 feet below grade on the shallow medium dense weathered till or structural fill can be designed using an allowable soil bearing capacity of 2,000 psf (pounds per square foot) for combined dead and long-term live loads. Footings founded more than 5 feet below grade on the dense native glacial till can be designed using an allowable soil bearing capacity of 3,500 psf (pounds per square foot) for combined dead and long-term live loads. The weight of the footing and any overlying backfill may be neglected. The allowable bearing value may be increased by one-third for transient loads such as those induced by seismic events or wind loads. Lateral loads may be resisted by friction on the base of footings and floor slabs and as passive pressure on the sides of footings. We recommend that an allowable coefficient of friction of 0.40 be used to calculate friction between the concrete and the underlying soil. Passive pressure may be determined using an allowable equivalent fluid density of 350pcf (pounds per cubic foot). Factors of safety have been applied to these values. We estimate that settlements of footings designed and constructed as recommended will be less than 1 inch, for the anticipated load conditions, with differential settlements between comparably loaded footings of %: inch or less. Most of the settlements should occur essentially as loads are being applied. However, disturbance of the foundation subgrade during construction could result in larger settlements than predicted. Floor Slab Support Slabs -on -grade, if constructed, should be supported on the medium dense native soils or on structural fill prepared as described above. We recommend that floor slabs be directly underlain by a capillary break material with minimum 6-inch thickness of coarse sand, pea gravel, or gravel containing less than 3 percent fines. The drainage material should be placed in one lift and compacted to an unyielding condition. A synthetic vapor barrier is recommended to control moisture migration through the slabs. This is of particular importance where the foundation elements are underlain by the silty sediments, or where moisture migration through the slab is an issue, such as where adhesives are used to anchor carpet or tile to the slab. A subgrade modulus of 400 kcf (kips per cubic foot) may be used for floor slab design. We estimate that settlement of the floor slabs designed and constructed as recommended, will be 1/2 inch or less over a span of 50 feet. Site Drainage All ground surfaces, pavements and sidewalks at the site should be sloped away from the structure. Surface water runoff should be controlled by a system of curbs, berms, drainage swales, and or catch basins, and conveyed to an appropriate discharge point. Based on the soils encountered in our explorations, we conclude that infiltration of storm water is not feasible at the site. LIMITATIONS We have prepared this report for the Bruell's and members of the design team for use in evaluating a portion of this project. Subsurface conditions described herein are based on our observations of exposed soils on the parcel. This report may be made available to regulatory agencies or others, but this report and conclusions should not be construed as a warranty of subsurface conditions. Subsurface conditions can vary over short distances and can change with time. 14-006 Bruell.LHGL January 6, 2014 Page 8 Within the limitations of scope, schedule and budget, our services have been executed in accordance with generally accepted practices in this area at the time this report was prepared. No warranty, express or implied, should be understood. We trust this is sufficient for your current needs. Should you have any questions, or require additional information, please contact us at your earliest convenience. Respectfully submitted, Development Engineering, PLLC Glen Coad,1- &h*fte Owner WGC:wgc Doc ID:14-006 Bruell.LHGL Attachments: Figure 1: Vicinity Map Figure 2: Site Plan Figure 3: USDA Soils Map Figure 4: USGS Geology Map Figure 5: Coastal Zones Atlas Figure 6: Soils Classification Chart Figure 7: Test Pit Logs MTH ST SIVY NMI ST "ZIA. Puget Sound wN, V A&Y Park �;kt q / F 4/ Ir S& 301ST ST S"i X I c3T K cl So Uroi ST X)7 r'lsr Federal Way By Y U11TO Pr_ Pk SS % !Lr 307M ST MV owl ST SW 3NMI P. SW3101115T . 5'P Sw 31M ST VNMrwC'T 0,4 yv "3tMCT dIlk "kata Pat* jC)2=KkVC9u"IY' 27HKV�d 0 1 382ft Approximate Site Location 1�] I I -to Scale DEVELOPMENT C-N6jIN55-R_INCj, PU_C P.O. Box 446 Tacoma, WA 98401 Ph (253) 228-0513 www.de-eivii.com Site Vicinity Map Bruell Residence XXX — 23 rd Avenue SW Federal Way,, Washington 11 WIN ?19WN b Soy Map-4(kV County Area, WwhirOon d P Ef4'N it i b wcsak M9Mfw:rdmnl�(u',ras'1�•� h � A C / V 150 +a 0 SD 100 700 300 Ndp P9�rr VhbWa.r CmraWGS84 E*b-UIMZ.-IGNVVGS54 x )L" Railudl Resourti s Web Soil Survey 11712014 limit Conservation Service National Cooperative Soy Survey Pape 1 of 3 Not to Scale Approximate Site Location (D DEVELOPMENT ENC1INEERING, PLLC USDA Web Soil Survey Bruell Residence P.O. Box 446 'd Tacoma, WA 98401 XXX — 23Avenue SW Ph (253) 228-0513 Federal Way, Washington www.de-civil.com Job No:14-006 January 2014 Figure 3 T. .-I N. I 20'00' Not to Scale Orn 01 7731C3 • QI71W' r�4d40al=oQC C QI <9iv� n ave (1xt — NN ��•� � ti f .. F �..-.y ova ova 'K s• Qvi� - ,QVJIY QVt QVt •� r QYr Approximate Site Location D>✓ V >✓ l_D�M E NT �N�jIN>✓i✓RING�, 1�Lt_C P.O. Box 446 Tacoma, WA 98401 Ph (253) 228-0513 www.de-civii.com USGS Geologic Map Bruell Residence XXX — 23rd Avenue SW Federal Way, Washington Job No: 14-006 January 2014 Figure 4 Scale 1:24,000 p S i Miles D �5w IODD ism Metres u0s 1� Ur5 Uas s u find Urs `.� ...... • - c, j iJrs U !i S_ _Y• t T� ` U � t 3 4Z, Approximate Site Location Not to Scale DEVELOPMENT ID ENCIINEERINC1, PLLC P.O. Box 446 Tacoma, WA 98401 Ph (253) 228-0513 www.de-civil.com Coastal Zones Atlas Bruell Residence XXX — 23`d Avenue SW Federal Way, Washington Job No:14-006 1 January2014 I Figure 5 ADDmomi- MATERIAL SYMBOLS SOIL CLASSIFICATION CHART N�.fOft DfYPsIONS GRAPH LRTfM 10113CIilMMs GWH DSSCRtPT1ONS LETtM . _.. -- -.. - } � �ervnes.s orurrn- j ..� � 0C Camerd ConcMa MGM r �u " OW 4i?A4F1 � 13UWE1� - AM drn�ar.pr.rcq o g e ao GAP d mY ro-""&LY " Asphalt CionaehiS l SOILS -' -- s aareer�tr aura-avo- CCAW ' ywm14 C�N aLr ramrrs QWhed Rockf CR a,erry Spoils j GFAweo wnt r m m% FWR _ —. SOILS oreuuesr vn+crcr ©e e„�, a,.,aa mwra.. cow • ' `�..�'�x _ - . T9 rF;�'lY1a46 Ci.6V16pN6R YUnLC9R;�prKL �OYY0.vgprpm lPl�4 Cr�f n.WYSsK � rcrrwroay..c . SP owuWPtvWro WasumdgrvundwaUr level In x.xr.H r S NOYo" _ � --� 500.3 ... exptaration. wolf, or Wzometex gyt sirYsuN.,rM-*LV 6 SAlFIN 1NlTH i Marr1J� � Groundwawrobserwedattime Of oicw -- A7rptOraNBn %&a4 gC o""�'„ �° cuff Perched t obser"atomeof sES �""�' k � gDip{oTBtlOn NL n `i �.�•� iftnured free product in wdl or - piezornetki -.. •swrryr�cgtiYs#row>!D aROUu wV6ea1'.PVl4RLY SILTS eaaweuw, C4 el..t.. rwrrQ+e su+,L r�rr err. rut M!D erxnw�mwrs CLAYS GRANTED SOILS OL p gKyari+acaeriowC s�r+awYsaeurn�renen+' Strati ra hic GDrlt�s;t Diet contact bstvfean sail atreAe ar I rrorewcri a l � ` MM•I g"ogle unlls rra ' r nu.cwrredeo+ Csrsdval change baetwaan soil MrIlIts Or SILTS our geologic Unets AND aMG1C+L TlIIJ!i CLAYS -• • -- Appr=jmatc location of 6or atrsrs ON OROMOC A`='n`;a. ---- changewlthlna9eotv9lcsoiit un HrGNLYOR�w�WIGSOIS PT lr"ar�9nOreC, NUM: MdWea! are usodbadgz*hordcstneorduolsaO Labo qqa1fLeld1ests Pei nt Oros Sampler S Embol fJescri forts AL Attorbcrg limits is . Z� MIreM Lti. spgt barrol CP CP ixhoratory campaetlon teal Labors o y com C6 Con fie[ Lion tost Standard Pcnctration Tbst OPT) as Directstmr 14A Hydrosnotor analysis Shelby tube SAC Moil turewnterrt M04tury content and dry dwlsRy Piston No err PIA organic content permeability or hydraulic carldurt+tY D%Vd4ftsh PIP Podcdt pancit,smatar SA Sim snolyfis M 6ullt at gob tTX Triarlal compression Unconfined compression VS Vaw sheer 910Waount is recorded for drlven s.antplers as thn number gh222 Cla sif+ration of Marrs mquired to h:- explaratlan lay foramrroc distance . vrcigrst rroteQl NoNo Visible Sheen and dam- SS Slight sheen MS Moderate Sheen A If" indicates wmplar pushed using tic's walght of the Mg Nary Shoc n drill rig. NT Not Tested h13TE: The +stile+ rnusl lyder hn the Cs-ussim ati :he rlW No and IM 10�& Gf 6010f00fls for a propar erndrrsiarxic� of 9W x'tx++ pY] 10- 9 Dee +Psuces on the :o-7s apply only at ttie sFeotF� exyla adett'oN%o s Rrd of V* ri cob ttr.,-PlOpeo'+s were node: d nr a c m1 wntrart9e� to Ire rSlurew,'SIsva cf se.'ka4•face rcird c 0 CO-'11-1ronr or "as. DEVELOPMENT ENGINEERING, PLLC O. Box 446 coma, WA 98401 (253) 228-0513 v.de-civil.com Soil Classification Chart Bruell Residence XXX — 23rd Avenue SW Federal Way, Washington Job No: 14-006 January 2?) Figure 6 Test Pit TP-1 Location: (See Figure 2) Depth ft. Soil Type Descri tion 0 - %Z Topsoil/ sod %Z - 3.0 ML Brown sandy SILT (loose, moist) 3.0 — 6.0 ML Grey sandy SILT( Dense Till) Terminated at 6.0 feet below ground surface. No caving observed. No groundwater seepage encountered. Test Pit TP-2 Location: (See Figure 2) Depth ft. Soil T e Descri tion 0 - h Topsoil/ sod %Z - 2.5 ML Brown sandy SILT (loose, moist) 2.5 — 7.0 ML Grey sandy SILT( Dense Till) Terminated at 7 feet below ground surface. No caving observed. No groundwater encountered. Logged by WGC,12/30/13 AEVeL-OPMENT EN 11NEER.INCi, PLLC P.O. Box 446 Tacoma, WA 98401 'h (253) 228-0513 ww.de-civil.com Test Pit Log Bruell Residence XXX — 23rd Avenue SW Federal Way, Washington Job No:14-006 January 2013 1 Figure 7 9- 13 are 1"=20' DEVELOPMENT IDENCIINEERANCi, PLLC P.O. Box 446 Tacoma, WA 98401 Ph (253) 228-0513 www.de-civil.com Approximate TP-1 Test Pit Location I 31' - 0" 31' - 0" f z w G � C'>W I I w I I I _ I [ ,I r r I I I 00 0 u� Cn -a Uch F LUZ �? 5 Site Plan Bruell Residence XXX — 23rd Avenue SW Federal Way, Washington Job No:14-006 1 January 2014 Figure 7 i F 17f i � .. ItQltgven �TILITY DISTO June 22, 2015 DAVID BRUELL BRUELL FAMILY, LLC 30008 23RD AVE SW FEDERAL WAY, WA 98023 LAKEHAVEN UTILITY DISTRICT ,31627 1s` Ave South • P.O. Box 4249 - Federal Way, Washington 98063-4249 Federal Way: 253-941-1516 • Tacoma: 253-927-2922 www.lakehaven.org RE: Brinell -Adelaide LPS EXT Lakehaven Project No. 6314009 Initial Acceptance Mr. Brueil: Lakehaven has received all closing documentation and has completed a satisfactory inspection of the referenced project for conformance with Lakehaven Utility District standards for materials and construction of sanitary sewer system. Lakehaven hereby initially accepts this project for ownership, operation and maintenance: The cash deposit in lieu of Maintenance Bond submitted for the project in the amount of $7,716.00, shall be maintained in force for a period of two (2) years from this date of initial acceptance and until Lakehaven provides written notice of its release, pending satisfactory results of a final inspection to ensure the systems remain in compliance with Lakehaven standards for materials and construction. The project account will remain open for approximately sixty (60) days from the date of this letter, to allow time for all actual Lakehaven labor and material expenses to be posted to the account. You should expect to receive additional project invoices through this period and until all associated payments are received by Lakehaven & the project account balance is zero ($0.00). Any releases of liens and/or agreements associated with the project will be held by Lakehaven until the project account balance is zero ($0.00). Near the end of the two-year warranty period, Lakehaven will re -inspect the improvements for any defects in workmanship &/or materials. You will be notified of any defects discovered, and such defects will need to be corrected before the Maintenance Bond submitted as the warranty guarantee can be released. If the work & materials are determined satisfactory, Lakehaven will provide written notice to you, including release of the Maintenance Bond, at that time. Leonard D. Englund Charles 1. Gibson Timothy A. McClain Donald L.P. Miller Ronald E. Nowield Commissioner Commissioner Commissioner Commissioner Commissioner David Bruell - Bruell Family, LLC June 22, 2015 Page 2 Please do not hesitate to contact Bill Nelson, if you have any questions. Bill may be reached by phone at (253) 945-1620, by electronic mail at bnelson@Lakehaven.org, or by fax at (253) 529-4081. Si ereiy, im 0sYrn .E_71 Development Engineering Manager TDO/BIN ec: <Fire Marshal> <Land Use Agency> Inspection Finance FieldOps SpecialServices GIS Accept Ltr-2015.docx (Form Update 3/9/15) BRUELL-ADELAIDE LPS Project No. 6314009 1.- TECOMER.AGREr`. - NT 'THIS AGREEMENT, entered into in duplicate .between the LAKEHAVEN UTILITY DISTRICT, a municipal corporation of the State of Washington, hereinafter referred to as "the District"', and BRUELL FAMILY, LLC, hereinafter referred to as the "the Developer": WITNESSETH: WHEREAS, the Developer has entered into a Facilities Installation Agreement, dated 6/13/14, hereinafter "Agreement", to provide for the construction of certain sanitary sewer system improvements to serve property owned by the Developer, and WHEREAS, °a portion of the sanitary sewer system improvements constructed thereunder will, as determined by the District, provide benefit to realty described herein which is located adjacent to such improvements, and WHEREAS, pursuant to District Resolution and state law, the parties are authorized to enter into an agreement under which the District would collect an amount representing a share of the cost of construction of the improvements from the owner of such benefited property, at the time of connection, and remit the same to the Developer, and WHEREAS, the parties agreeing that the terms for such collection and remittance contained herein are fair and equitable; NOW, THEREFORE, IT IS AGREED as follows: 1. The District hereby agrees to charge the property described on Exhibit "A", and generally depicted on Exhibit "B", attached hereto and by this reference incorporated herein, a proportional share of the cost of the sanitary sewer mains constructed pursuant to the Agreement. Reimbursement to the Developer shall be conditioned upon payment by the Developer of the District's required deposit for administration of this latecomer reimbursement agreement and following the actual provision of service to such property through the facilities constructed therein. Payment to the Developer shall be in further conformance with the provisions set forth in District Resolution No. 2014-1246, Sections 2.vi, 3.C, and 3.E, as LC Agr-6314009.docx (Form Update 1116/15) Page 1 of 3 hereinbefore adopted and as may be subsequently modified or amended, and applicable laws of the. State of Washington. 2. The Developer, in accordance with State law, agrees to provide the District with its current name, address and telephone number every two (2) years from the date of execution of•this Agreement. If the Developer has not complied with this requirement within 60 days of the date such notice is due, the District shall be entitled to retain the latecomer payments made from property owners connecting to the system pursuant to state law and the Developer, and any party with whom the Developer may have assigned such rights or who may otherwise claim an interest in the reimbursement provisions herein, shall have no further claim on such funds. The Developer further agrees to comply with and be subject to all terms of District Resolution No. 2014-1246, Sections 2.vi, 3.C, and 3.E, as may from time to time be amended, as a condition of receiving the latecomer benefits herein.. 3. This writing constitutes the full and only agreement between the parties, there being no promises, agreements, or understandings, written or oral, except as herein set forth, or as hereinafter may be amended in writing. 4. It is agreed that the Developer is not an agent of the District under the terms of this Agreement and no act or omission of the Developer shall be deemed an act or omission of the District by virtue of the laws of agency. LC Agr-6314009.docx (Form Update 1/16/15) Page 2 of 3 WITNESS our hands and seals, BRUELL FAMILY; LLC By r. Its ��In/�Gl+✓G�/1i�3EIZ Date: 51/51/ <ol— STATE OF f ) SS. County of [ r" ) LAKEHAVEN UTILITY DISTRICT King Co , Washington Dev. ngineering Manager Dated: 7�.— I certify that I know. or have satisfactory evidence that 1 A M L &rP— tELL-_ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the I X of 'Zt LC_ n�[L_•-F C_ enc __ to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. NMry Publlo State of Washington KATHLEEN R. BROWN �I�fon iiixpiraQ 01,E-t® For recording in the State of Washington, the Notarial Seal must be fully legible and cannot intrude into document margins. Please affix seal in the space provided. DATED: —,/.D-0 - — (Signatur ) Notary Public — - Title My appointment expires /! LC Agr-6314009,docx (Form update, 1/16/15) Page 3 Of 3 EXHIBIT "A" SEWER LATECOMER TO BRUELL-ADELAIDE LPS (6314009) PARCEL # 0121039093 BEG ON S LN GL 2 AT PT 642.88 FT W OF SE COR THOF TH N 240 FT TO TPOB TH N 113 FT TH E 240 FT TH S 113 FT TH W 240 FT TO TPOB PARCEL # 0121039105 BEG ON S LN OF GL 2 AT PT 642.88 FT W OF SE COR THOF TH N 353 FT TO TPOB TH N 167 FT TH E 240 FT TH S 167 FT TH W 240 FT TO TPOB PARCEL # 0121039034 BEG ON S LN GL 2 AT PT 642.88 FT W OF SE COR THOF TH N 520 FT TO TPOB TH E- 240 FT TH N 120 FT TH W 240 FT TH S 120 FT TO TPOB PARCEL # 0121039088 BEG AT PT ON S LN GL 2 642.88 FT W OF SE COR THOF TH N 640 FT TO TPOB TH N 160 FT TH E PLW S LN SD GL 30 FT TH N 80 FT TH E 75 FT TH S 160 FT TH E 135 FT TH S 80 FT TH W 240 FT TO TPOB PARCEL # 0121039097 BEG ON S LN GL 2 AT PT 537.88 FT W OF SE COR THOF TH N 720 FT TO TPOB TH N 160 FT TH E 135 FT TH S 160 FT TH W 135 FT TO TPOB PARCEL # 0121039090 BEG AT PT ON S LN GL 2 642.88 FT W OF SE COR THOF-TH N 800 FT TO TPOB TH E 30 FT TH N 502.46 FT TH E 30 FT TH N 20 FT M/L TO N LN SD GL TH WLY ALG SD N LN TO A PT FR WH TPOB BEARS S 00-02-37 W TH S 00-02-37 W TO TPOB & 2ND CL TD LDS ADJ EX 2ND CL TD LDS ADJ W 48.88 FT OF SD TR PARCEL # 0121039108 POR OF GL 2 IN NE 1/4 OF SEC 1-21-3 DAF - BAAP ON S LN OF SD GL 477.88 FT WLY OF SE COR THOF TH N 880 FT TO TPOB TH WLY ALG LN LY PLW SD S LN OF GL 2 135 FT TH N 422.46 FT TH E 30 FT TH N 20 FT TO N LN OF SD GL 2 TH ELY TAP BRG N 00-02-37 E FR TPOB TH S 00-02-37 W TO TPOB - TGW 2ND CL TD LDS ADJ PARCEL # 0121039089 BEG ON S LN GL 2 AT PT 402.88 FT W OF SE COR THOF TH N 880 FT TO TPOB TH W PLW S LN SD GOV LOT 75 FT TH N 468.60 FT TO N LN SD GL TH ELY ALG SD N LN TO A PT FR WH TPOB BEARS S 00-02-37 W TH S 00-02-37 W 483.19 FT TO TPOB EX 8 FT BY 8 FT PARCEL ON WH WELL IS LOC & 2ND CL TD LDS ADJ EXHIBIT -A" (CONTINU9D) PARCEL # 0121039152 LOT 2 OF TESTAMENTARY SUBD SURVEY WITH REC #20070405900005 SD SURVEY AREA BEING LOCATED IN E 1/2 OF NW 1/4 OF SE 1/4 OF SEC 1-21-3 TGW TD LDS LY ADJ (IN W 1/2 OF BOTH NE 1/4 & SE 1/4 OF SD SEC) PARCEL # 0121039151 LOT 1 OF TESTAMENTARY SUBD SURVEY WITH REC #20070405900005 SD SURVEY AREA BEING LOCATED IN E 1/2 OF NW 1/4 OF SE 1/4 OF SEC 1-21-3 TGW TD LDS LY ADJ (IN W 1/2 OF BOTH NE 1/4 & SE 1/4 OF SD SEC) EXHIBIT "B" SEWER LATECOMER TO BRUELL-ADELAIDE LPS (6314009) AA Il A A4nnebn ------------------ :0121039108' " NTS 0121039097— 0121039088 rf --� 0121039034� I 0121039156 a r� E039154� PARCEL NUMBERS SHOWN TO DIFFERENTIATE PROPERTIES LATECOMER ELIGIBLE PROPERTIES DEVELOPER'S PROJECT PROPERTIES LATECOMER EXEMPT (DEVELOPER OWNED, 1) PROPERTY i 4 u `^J• 90 41' ~fin S ,cr �L 56. 4ti4.- Ci c ® ti-LAB tiyL .dj �S-.'•. 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F e • 5 �� 'D[,iag defa l rti ' % 'dif r000rd'` A s 4 lesions of -L IV" D's is and JA'' MMUOT t �I prCM 21• '.=611- te. � for hearing befort, -lie od court; tlae plain ' ' ie r & Borawick, that., endants having fai. to been entexed sga�nw thur, ► his ywife, noward . $'an- ai,a�iQn ors, his wifa, Pruds AM on and liar jori.e r scar, a gearing by th j ing stip"Atud to 4,1- 01' nd Judvent, raid c end- n C. Davis, his WL1- NOV. 5,201313.45 TITLE RT SERVIC NO, 2337 P. 3 d ',Robert Varzani, 4f �a1,00 A vvrxall I U.01 I �Czqxool: FLrst Feaera'Il 'I avSnqs Ar 'Amstrong, of' Jirx6y , ArmAtratir.., e. Von, i -of rLeonard evvr4, Lnard !� LLrtMz and onica *artug by 11arrimori detar�, of A),Ijqrt xecard, and Now York fit Inisurance scone, is duly Autho'r iell officer of SAJI; C, ang considerea the TF 1 45 and records herut% t-and havinq made And" au ad to j'ja entered 1i %ft and Conoluuionk L&w,, now ther9for", j PM L7 U D W D AND DEC F7, That an easement 1,i r i t.1114hed in favor 0 E a ntif Is and their hG far ingaretari grasa for qadestric:. kid-ind -kor utility as, incluftnr� taut r j .. t - lixes, Glftat;ici L.,44 x 11nes,1as lilted, 11w C I !4ione lines, ov,r, `i h 0 and upon the folLe. nn 1262, at the auutheast, qVi or of the :-,Iat of 1 in Wrfaccording to t P at recorded Plats,opAle 17, Wing a point on mic Ma*•'*f secti n. , T, is ip 21 riorth, .janqc �"04 in King Mqn 1 'ashington, wh1c.1% r .�rLlpls 4 east 66005 feet from tho south of said sept' 'nj thence oontlnuintv 69619150" east 207.1,Je"i thence noxo 1041*st 30.00 feet t*;:. he northerly riarqln 6h Ait 304th Street an he txue point '09 4,41 thence oontifmuitkvj ncrth 010021370 eaut "t to 'a point ppp*is " to of the southerly xb thet plat of ovarlip -x Have" as ralegrolad ui '.84 of Plate, paqo,, 18, record's of 1,incy 6 Mashingtonj thence :N th $9039,50" west d't; thence south 010 1370 west 575.00 fovt. =aorth 09-391so 06V+;! 01 feet to the truc, 21f beqUAing, le above 169,al descr' ol incturips titf,, 1.q0V il - lowing described ',$) rty, !JI) Cuot ot till% 140 feet of the a': �i� davarib*d px* o R eNov, 5.201313:45 ITIE' T SERVIC N0, 2337 P. 4 tlae;w em�E 30 feet of the east ppu Yrest rtex of the *outhe x.r T q L�11rit� w srsrhi 21 NOrth, Range :hLIngton, 9XCRPT th. Ind[ lx the mouth 30 toet 3C314 ' cQkI Audit for rAad purposes, File 'Numaerp160360!. } f :dtxd�ex �t �• , TA10 I'I11 V day of July, 1909. yq lL •';• 1� �� •.tie'• •r 'lp 'f pA I. ik PiL s&. ►awUP-1, mie0 fl,r Id , * rt 3 LY1. tJ.%;4 b x1 tad d o 66 Of CYkMOI tO cy tip*' Ax ;:f 't:,a C++n-oidn 14 by th,o m ji to th It f j, fRar th-4 bbOV4 and fcr°•ogo4.ng d•ye I.%,nd , tht fp I:leta gr4snt unto thv§ eP its SU00 or Utgns } of t -i abor-} d er lbr`d , be �, pjartrayrrt tv the ,bind kr1 ri *ba v•; d -§e L, riKht of WOy 8 ft in width Pttaly Ott �s.s� rro-111 B•#g at t!,.-o SW' coo of t',s!'Iand diw, rg t'a a. -E.0 rodr , ja or I. to t"..) 8 aac 1 in + .of thi luea;, hilrnabovo d-40 'th & b' . ft.; th 9 fj? rode are or 1 '.o :.:!,-t 3 ling of ter.; land hino,°boy,t d 4* ; th W a ft to p-c of b og ft .+0*•vat mt or. r ght of way ie hby d .n-1d-4d for r-ight Of ■aY Pur ',A rat a mians of ing;r•ins i6nd +n-gr'AOR to th-4 pty hi,nb of d•wp with h-w, r ig'ht upon th, ,,%rt of ups its succ or rAngns,, Of that Xond hivaboys d ve , to uo.o th'i ed right of way for any ,,trkdr"ittill<y eM O+e1n■ Of in jr-io ip and t "..gr-its to Vl � sty hinaboT it d ss an4 grantod p i.s orl eo ]play gn th-4 vight rAt an-y and all tim,90 .ta• Oki" :p *improv-s and *aintaira, should tlna tp its ■uOc or 6609 . .1.4t' roc to do , ad b ft r1o"*.4y; h--jt it -Ob.011 not b-1 abl#, etor.,y upO' th a it.o e.UCO -nr• * , to glr�n u� P it�rir:�o�t+1 or maim.-4in red ri t of way a but f44&jVr,3 xo to do reho,11 not •b-i 44 wiPiC or ccnstru.sd &is an abOnd'omaa int, t]o;of Glav€a RamgAn l C _ y 3oal , by- i.Ona, ff a�kg-an r and wife � Clara H&Og•orr i b-if H i.. i� end for tea! at ofrra't0 tat g Ag S aTOra 1dRii G o 1315 2iadi a IV s 621 ft.� sx, d• zrayany Ocorp of wn of O ,' wn a U >� •q:�r , of e1 , ;rtt i�. this',' ld in k C �.� On eodd to th-1 c of O ! &04d9� • r' � 8 ' 0:t ,� ot# pg 63 �r•eam of ed o o 9:' f 1t 10ta. 1 and �e-oc a5 , t+w�r •. n c «� y` j 6d$� vd' i# w .1.Z , and 13 , bt�d ot� th t [+l by th�!! .r �: . to th.i m oelndir In a Ortd On •� ' 't: ai y '3 fed lot, 13 p► oGaut,id Wly' to 'th 1 m4'4ndle` *;' tb 'th-e' ;mod clasp * 1a,i lands f ron' ing head ab :t' i - p' Y end .itri dingy to m tan l oW ti p jn 'erj-t.4146f T V L Go py. r-401.n of iti bd of truet o vki , hiba ova tb' tpt later to 'b� sub'p,y a.t0 Tp ae , and ut G ts�t..� rat t t.A m-vvy 'arid Ito coma 7MAD a 'a,.d 01 tc� b i bu�at o aff id Cara OI kr Oun�t d •A r oy Tsar d C Or pe ty O tA get m W a d'O O "'Y 1rC® S-sp 0m20• by Tohn FP A# sms , an 11 � dam e , ;Pr.•► O and 6;cy of ad oorp(covp f4m ) bif r, QQdalb,cm, n ]a in :and for, +-qo rt of " r roe atQ R s i-oc 20' -2C, Mail C R k�rovon, 500-6 , T o• ryY 'bldg + 11 R'ld`► `7 -:1 3 X -d :K - l 7 FW! AMERICAN :AFTER RECQRDING'MAIL TD: .�r''• :.... 20131213000774Name :�'David Bri�11 :.,,Addre� 310 ..23(dAv�riu�S� 77.e0 ,f=edgaI Way ► PE WA 9 0 3 �,,•• PZjjj0011OF006 32 02 ' Y z1� rya KING .BOUNTY, WA Document Title(s): ,/ ' s 1. Private t lities aral In es Egn:ssasement Reference Number(s) of gncan enU-Assign#1 or,xPJ: aced: :+• ' �' •sue _ $ Grantor(s): $' 1. Bruell Family LLC' 2. [ ] Additional information on page of documenth. Grantees)=: 1. BrL,ell-FamilrLLC 2. .r [ ].`'Additional:mformation on page of document " = ., . tiS Abbre dated L.og�ii'Descriptiibn: LOT. 1, TESTAtAENTAR'KS` JBDIV., REC. 20070405900005, KING COUNTY ." Tax Parcel Nui�ber(s),' 012103-9151-09 r -• Ks [ X ] Complete. is onb o!. document f..ee } " 1• S' EXCISE T .H• Ya '35> AX NOT REQUjj3E0 Crrls Qrtiislan "•:r,. rr g uly x J £� W hen Recorded Return To. r - z� 'Mr, David Bruell 3U008:23RP.Avenue SW Federal Way. WA 98023 Wcu6 erif -nife: r•' '` . RIVATE UTILITIES & INGRESS/EGRESS ,s,Y AASEMENT, LOT 1 TO LOT 2 r=s :Gra�ltar. .~t•� BRUELL FAMILY LLC Grantee: ;: ; BRdit—iL FAMILY LLC Legal Jbescrlption: ,,,LOT 1 OJESTAMENTARY SUBDIVISION REC kM7,04056W5 VOL 222, PAGE 3, PORTIONS }; r OF-t- HE:NVA14 OF THE SE1/4 OF SECTION 1, A` TOWNSHIP 21 NORTH, RANGE 3 EAST, W. M. Additional Cegaf•tiesi iVl . PAii 5 4r•EXHIBIT A Assessor's Tax Part#I Number. Q7i1.D3S151 THE GRANTOR(S), Bruell F'aii5iiyMLC, 64her ¢ Loe)- -of said Testamentary Subdivision, the owner of the property hereinafter'dascribedilor and in gonsi'cferatiori of, mutual benefits; db,: ereby grant unto the GRANT, Bruell` Farrtily t1C, 6e oyner'gf Lot 2of.° said Testamentary Subdivision, a nanexclusiVe;perpa5tuol ea�ameMf Enement")hr Private Utilities &'•,ingress/Egress, in, upon, under, and.Alogg' that portion of G'art(or`4,ieal property)) Kmg C.bunty, Washington, as described in attached F #iibit•"A": `A. Easement Area. The portion of Grantor's real properfy'wl ere.an 4=asement is rese!(red for the'pr iose'vt Private Utilities & Ingress/Egress shall be'140`0 n aglhe "l=ase}rnt ArW s B. Acdjaw.E)dept 6,emergencies as set forth below, Grantee shall have the right to enter upon Grenl&s rat proityr, at reasonable times, to access the Easement Area with all necessary pergdnrtel, niater&S and'e4 pment for the purposes of utility installation and maintenance *0 the repair a6d maintenance of the ingresslegress Infrastructure only, The term "re sortableltima ers' as used herein, shall mean between the hours of 7:00 a.m. and 6:06,p.m. Unfess w4ved.by diarftor, the Grantee shall notify Grantor at least five (5) calendak'daye priot to enterirfg�raritar's Peal property for the purpose of installing, constructing, rernoving; Pepaving'and•replaCl4,g•thp utilities or €ngreWegress infrastructure. Such notice m"' 6 made Virally or in writing, and shall describe the purpose of the access and its exprwcted duration. Proiviiq ItBwever, in the event of an emergency involving the utilities or'ingiess�egre"ss icifrastrucAiT, affecting, or threatening to affect public health and welfare, Grantee may eriter:0ra6l4?s real property at any hour without notice to inspect, repair, and/or repled-p the utilitles 0 ing egrgss� Infrastructure.' r Ik .. ".,,,,3�r,. � •F.. �' fir. "Page 1 of 4 s Y J� ~ 3 ..fir ,c F J C. Improvements by Grantor. Grantor, their heirs, successors or assigns shalt not ,plobb.,plant or construct any permanent structures in, upon or under the Easement Area f � Y k unlesg:speoically approved in writing by Grantee, or designee. Such approval shall be r-s'fraiEed as an Addendum to this Easement and recorded with the King County Auditor's 0*' e.f PerManftstructure shall mean any concrete foundation, concrete stab, wall, rockery, pdird 'streaM,'jzu€Iding .de4, overhanging structure, Fitt material, tree (other than ipproved 1aztdswipg per p a6), rec ational sport court carport, portable or non -portable shell, ps ivate u0itiei, febov, or ay `bthepimprovement that restricts or unreasonably intesrferes:with; G*tee:s igcess 10 Private L"f1litites & Ingress/Egress within the Easement r- Area. Pe meneni sIr#ufbs shwl flot meAWf P,we , ground cover and shrubs -provided they are !ess than -fleetin hoght,Uwn gibs, �phalt paving, or gravel. D. Ftestoratigh Bylkantee. Ih the event Grantee's acttvitWs under this Easement require the removal of, a�cause dariiag4 to flowers, ground coveY and shrubs less than 3 feet in height, lawn grass, asphalt.pahng, grgravel, wtithin the E.Apir ent Area, or within other portions of Grantor's real1)6palty, the i Gr8[ntee,sh flu dt 6-own expense, restore such flowers, shrubs, ground cover,'favo gtitss, asphalt pauing,;br gravel to no better condition:than existed on the date Grantee pntiiW tlpon 0rard6r's=mal property to commence tl7e1activities that resulted in sucli.femnvaFor,damage.. ff9 purpose of cis Ease the firm "restore" shall mean plan ti4*ass`see4or-gralayinWaspfialt and ieplad rig gravel. Grantor shall be responsible for`replantfhg flo"rs, shhibs and' grond rover•:: If such flowers, shrubs and ground cover are ciama'gedand.!Car ot, e replan• •led €n,t eir current condition, then Grantee shall reimburse.Gra#ntorior,the .' xaheplaCemerlt falr.,inaiketwalue of such flowers, shrubs and ground cdyer ezaiudfng deliverY.afid plsnti`ng costs; which shall be tome by Grantor. If the place tpent;'planting, or ;r;onstrucdan of Ormad&t structures is approved by Grantee, or design:1ee, accordance withparagraph' C afaove, then responsibilily for removal and replacement of such structures, including any darrldge thereto, shall be governed by the terms of such .f approval.' E. Binding on Sucsessars, The Wrrn"ndAnd€lion of this Easement shall constitute real covenants firat run ► Ah the laid art! art: bin0ing upon heirs, successors and assigns. The Agreemei'tt:,shall,.6e.4fed bf re0rd,tivitlf ft;.�irag County Auditor's Office. F. Effective Date. This Easement shall bi�orxie effkfive oh'&date it is recorded by the King County Auditor's Office. G. All Writings Contained Herein. This E= herd'ent,jogether'vittrall'exhibits: . constitutes the complete and final agreement of the partlot , replaces ansupe'r§edej alb -<: oral andlor written proposals and agreements heretofore rrl'atle of► the s'ubjea,mattety and may only be modified by a writing signed by both parties. X. _•• �" r $ s s In the event of some inadvertent discrepancy in the delineation of the intent of the yeas went, the Grantor and Grantee, shall agree to amend the easement to meet the initial irdentbl'the easement at the time of drafting of the easement. ...... .... NXITNE 1M1lHEREOF`,16Grantor(s) has hereunto set their hand and seal the 4Y C of �,M -10 2011. GRANTOR: David H. Efru"-w Bruell Family LLC J7 % STATIC OF WA . 9HINGTON ss COUNITY:6F K114Q s b4' •;Cl Vtertil`Ohalfkno�v or have satisfactory evidenale 16�.J��'hojappeared beforeAne, and acknowle4ged IhAt-gXy signed this itigOlment;'orb oath stated that 4rTur wanazauthorized to execute the in;� !ruoent and to be the free and -y'olupt'a"'ty act- of such party For the uses and purposes mentioned in the instrum;.VU S 2013 x Nota�y nblic ih-and for the State of Washington %0 lilt P low '24 orrimisslon ExpfFes 2, % -fraig4 3 of 4 01 Together with Second Class Tidelands adjoining extending to the line of extreme low tide; :Except that portion thereof lying within a parcel of land 8.00 feet square on which a water well s oc l at, % -Pa el &'011039." That Oorti6n of Oovernrqent-_-.Lc�t,Z--,SecttOn 1, Township 21 North Range 3 East, W.M., in King County,.Washi6gtqA, dq'scrk6qd as f04; Beginning at tlip Wt68t corn&oif,,6over 6-n."'efit L6t I in said Section; in said Section; thence South 8qd.qqP*s 39'50"-,West,�alongAP .e-S6therly line of said Government Lots 1 and 2, a distance of 1961.86 feetio a." oint:642,88f6et West of the East line of said Government Lot 2; thence North 0 degrees 0 , �?3'7}' East 80afegt I to.tho.True" Po'int of B#ji - ilining; J thence North 89 degrees 39'50" fast parallel with the.Sout4erly I-ihe.6f said Government Lot 2, a distance of 30 feet, thence North 0 degrees 02'37" East 502.46,feet- thence North 89,,,degrees 39'50" East parallel with the 5qutherly-- 6e"of said G6,vernment-lot 2: a distance c f 30 feet,,. thence Northq-degrees02"37" East 20 feet, more or less:to thehoqherty lino of said.' Govern0ent.lot thence Wei 'erlya'- longfsaid Northerly line to a point from which ilieZ.rue Po"int.-of ,Beginning bear- Sout` 0 4gre6s,QZI`Nvest; the'n,.ce SoutK'O degrees 02'.�7" West to the True Point of Beginning; Together.with5ikohd Crss Tid elan d,s.aqjo! n ing extending to the line of extreme low tide. Burdened Parcel: The Easement encumbers the Jol l6Vfftg,des0i bed property - Lot 1 of the Testamentary Subdivisinn b0nig a''surVey as recorded k. Volume 222 of Surveys, Page 3 and recorded under recording n uii ber 26670465900005;, recor& of King County, Washington, being a portion of the North west'&a � erv;f the Sq6ftz�st of Section 1, Township 21 North, Range 3 East, W.M., City of Federal Way, Kift Cd unty, Wishingtp'n. Easement Area: The Easement for Ingress, Egress and Utilities is under, over, and across tKe'PTpftety"as described in Exhibit A of the Easement. f iC ttfenm'North 0 degrees 02'37" East 250 feet, more or less, to the Northerly line of said Government Lot 2, th en'ce"East'erly..olong said Northerly line to the True Paint of Beginning. with the southerly line of said Government Lot 2 a distance of 105.00 feet to the P.Oint of Beginning-,....,. TogetKer With Second Class'Tide L#66"qjoining and extending to the line of extreme low tide. Parcel 4 01-21'031108Y That portion of m-e GqverRnt' Lot Sedion I klTlowiis Np 21 North Range 3 East, W.M., in King j., J., County, Washington, desc.r bed-`iis fcofoW$`," '6f saidGo. Beginning on the South line vern(hent Lot 2 at a -point 537-Z6 feet West of the Southwest corner thereof, thence North 880 feet to the True Point-qf peginniyg: thence East 6G feet, thence North to the,. North line of Government Lot 2, thence West along si4d North line to a point which 66ars� .:h OC(je ort greiR 23' ' 3.7".,tas't from the True Poirit of Yeginnln, Z tbenmSou* 000egrO'es 23'37" West to the True Point of Begin'ning'," Except thy.-NortH 25,4-`,fee,-tbereof. All Property situ�fejfi Kipg'tou r ty, State of Washington. Parcel 5. 0121039089!- That portion of Governm'�;t L�t 2i,'Section 1,.,-toWnsh""2j North Range 3 East, W.M., in King County, Washington, described as f6flbWs. Beginning at the Southeast corner df Govirnmi-entlot.i in--`sai&ecii6ri- thence South 89 degrees 39'SO" West ald - hF t hq,Southedy lin'e""o-f sa id-do-v"'ern rn ent Lots I and 2 a distance of 1721.86 feet to a point 402.88 fei4 West.& thie E"t line -,of said Government Lot 2; thence North 0 degrees 02"37" East 880.00 feet tothe TrO . e Polint.& 8�gujnjog,` ....... thence South 89 degrees 39'50' West parallel with the-bounia ry"' lind.of iafd Government, Lot 2 a distance of 75 feet; thence North 0 degrees 02"37" East 46S.00 feet t6 the Nqrtherly 116e 6Y said Government Lot 2; 6-1:1 - thence Easterly along said Northerly line to a point from which the True Point of ni�g Y bears South 0 degrees 02'37" West; thence South 0 degrees 02'37" West 483.19 feet to the True Point of Begin nin A- § X ,f t' ti x Panel4A:9121039108 _,,'' h0`t pci tiod; of 5ovef trent Lot 2, Section 1, Township 21 North Range 3 East, W.M., in King Ounty, Washington, described as:#allow: Beginni ng attlre Saiath�+vestcc rner o> :Government Lot 1 in said section thence South 89 degrees 39"50" Wes aloro the southerly line',Q`F avernment Lots 1 and 2 a distance of 1961.86 feet to a point 6+42.88 feet West sof the -East 11�ne of laid Government Lot 2, thence North fl0degrees [>2'37,'."East88fl;feeti' thence North 89 degrees 339'50" East paraIlei wit# the southerly tine'of said Government Lot 2 a distance of 105.00 feet to the Trust Point of Beginning, thence 89 degrees 39'50" West paralfeI %Mth-the sout6eHy li6e vfsaid Government Lot 2, a distance of 75,00 feet, .r' thence North OQ. degrees 02'37" East to a poini.:which the Northerly dine of saisi Gove.m. "kent Lot 2 bears Norih 00 0grees 02'37" East 20.00 feet;=.:.- thence North 89 degrees 39'50" East parallel with the Smith qfly jine'of said Govertimebt Lot 2 a distance.1af 34 40feet thence North 00 degrees 02'37" East-20 feet rn pre or.-ess; tq,:the Northerly lime of laid Government Lot 2, thence Easterly -along said -Northerly line to a point from which the Tree Pbirtt of,8eginning bears Sovth..00 degege's 02'37''-West, thence,South 0Qdegree,9'OZ'37" West to the True Point of Beginning. Together With Second Clas .Tide Lands, as conveyed by the State of Washington, to the line of mean low tide, situate -in-front'"gf, adiacent'to or abutting thereon. Parcel 46:0121039108 That portion of Government Lvt.2, 5e;Von:4, Tpwnship,21 Norfi Range 3 East, W.M., in King County, Washington, described as follow: Beginning at the Southwest corner of Government tot.i in:said ee#ion, thence South 89 degrees 39"50" West along the''s6ut-6 line of Government Lgts-1:'AnO 2 a r' distance of 1796.66 feet to a point 477.00 feet West of the East Vh. a of sai4=Government Lot 2, thence North 00 degrees 02'37" East to the Northerly line o`Fs iil Gpvernment.Lflt,2 and -:the: True Point of Beginning, thence South 0 degrees 02'37" West 250 feet, :0% thence South 89 degrees 39'50" West parallel with the Southerly line of saTd:GovrernrerrtLv�-:2 r. a distance of 60 feet, ' •:F The Userni?nt:sltall bengfit the owhers, .successors, heirs and assigns of the following described parcels: Parcel 1: Lots 2, 3,4,5,6,7 anxf'of th;° Teamentary, u'division, being a survey as recorded in Volume 222 of Surveys, Page 3 and recbrded"under recording npmber 20070405900005, records of King County, Washington, being -a -,-'portion of•the`-NoAhW4st Quarter ofthe,,Southeast of Section 1, Township 21 North, Range 3 Easti .W,N1., -City 6f.-reder•-aI-Waj; King.Cbunty, Washington. YSr. �4 Parcel 2: 0121039097 r Beginning on the -vuth line of Government Lot 2.-in Sect+66-1, Ti w4lp"2T'-No4h, 96nge 3 East, W.M., in King County,-,. Washington, at a point 537.58ofihe Southwfst obrner thereof;.,then North'..'720 feet to the point of beginning; t#t nce Narthf �60 fdet thence East 160 felt; th'nce .fast35 feet; thence South 160 feet; thence West 135 feet to the=point of beginining,; ,... 5,r'�• !'y.�Y,. dry'. Paftel3:00103908i r. That por ,"6n'bf Goyernmetit Lot 2: ; Sectidn.1, Township 21 North, Range 3 East, W.M., in King County, Washington, describe-i_ibs fa -lows: Beginning at the Southeast corner of Government Lot 1 in said Section; -thenc# 89 degrees 7300" W St along the Southerly line of said Government Lots 1 and 2 a distance of 1721.86 feet to a=point 402.88 feet West of the East line of said Government Lot 2; thence NortR,0 degrees 02'37; East-.880 feet to the True Point of Beginning; thence South 89 degr'ees,-3�56'' West parailiel with:fhe Southerly line of said Government Lot 2 a distance of 75.00 feet ; thence North 0 degrees 021-37" East 408.60 feet to the Northerly line of said Government Lot 2-,•-tK'dnce:`Ea,5*terly alvhg satd Northerly fine to a point from which the true point of beginning bears Saudi Q---degrees-02'3l" West thetym: oath ❑ degrees 02'37" West 483.19 feet to the true point of b'eginn4 g; Xogo'herwith secon&;class tide lands adjoining extending to the line of extreme low tide. ' _, �:• ,s"y w ! i N EXHIBIT A UTILITIES & INGRESS/EGRESS EASEMENT LEGAL DESCRIPTION ;'Thacporsion of lYat v-'of"tl a Testamentary Subdivision Rec 412007040500005, Vol222, ''' Page 3, N(ith►Yest quattp"r-brf the goutbogt quarter of Section 1, Township 21 North, Range 4 3 fast; W M. desedbed ai ;' 9 6ws: f' Commencing at the 9&thwesl por ter oflgt 1 ;Tt- Mamentary Subdivision Rec #200704050t1005, Vol 2,22, Edge 3'records gf.T�ng County Auditor; The True Point of Beginning, Thence S 88'2 1'56" 1 ,East along the Nc th litee a# Bald -Lot 1 a diihonce of20.00 feet, Thence S 01 °38'W' W, South' distsnm=af t81;:50 feet. to the Sau[h-line of Lot I ; F' Thence N 88'42' 15" W, West along sid,SoWh line ofIjot 13 distance of 75.00 feet; Thence N'.01138'04" E. North a distance of ?5.06,feet; Then*5 88°4Y' 15" E, East a distance of 55.00 feet;,r f Thence N 61•038'04" E, North along said West Iine of 1t t 1 a d+stanfe.�f ]55�2,feesF` To the Ti)ie Point of Beginning. }" ` Containing 5,00&; quare feet more or less. f yr { • 'n t .,an �. • ,1, G p'4P 1'•�'r S ,Y r' .y "tS ��i1wA^ 5r f" ..rFw S y FA~ F~ J•a Y Y! Pagr 4 of � s r ' o { A TESTAMENTARY SUBDIVISION OF A PORTION OF THE NW1/4 OF THE SE1/4 OF SECTION 1, T21N5 R3E, W.M., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON WORM(; NUA 1 R11iND 2' IRQN FEE FNEO CO11C- r/bLli i F01M0 4Y, 4' LOtIC. POST DETAIL 'H' W Ci qot l �37.e0' t r PL*V SC,R10 POWER & LIGHT ] MktpA t FAS'Ll1cw ON 2502515 :\S CLOSE AS M&CPCA0iE TO THE 't IASr.BOUNDARY' OFTIIS T904T--1 N CONCRETE 1 � � 53�[ 17 ag• � sDUa�tE1 1 w END tac (CAIL� D' �� W FOUND 470 CONC. POST W/SukL PK NAIL AT THE IHTERSECTIDN w Sw 304TH STREET AND IRK AVME'SW _ BRASS BEARING SOS'38'D_41V 2830,45E (MFAS) fi i isTH AVEiR EE SW — [ lTA t12 FOUND MONIiMW IN WE STONE WIV WRR AT THE 1HTERSEC1iOtt Of SW 304-tH STRW AND 2f5T 1-t/2- IRON P PK REMRD AV:NUE SW 1 POS91ON IS 0.25' r- OF HELD BRASS NOWMEN'r NFA5ORE0 cq ONL MA'. j1 PO4M- 1', GOY'F EiSTAHCE FROM THE SOUR44T SEC MN CORNER FOR GOUT LOT CDR LOT 1 GUV T LOT 2 gX HOG WIRE HOG PARE FENCE 8.8' SOVR6'AlSF CORNER OF GOvT LOT 2 w�+�^ PUCET 5WN0 P011FiT Z. iJCHT CflA1PAHA FENCE CLe EASY P HOG WIRE --DOE o pO,vFSi POLE EASEUENr - .*W 2WS15 A% h.05E AS EAST' P y , INr 5.6E EASr R PRACO[ADtE i0 A1£ EAST 8CU1161'ZY' OF Tws TRAer 504:75' 1 8 107,95.7 SF. J T L47 ACRES 146.11E t 101-38'04"V 582.30E �, Lev 2y53"� 89s00 23RD AVLVUE SW END ClA55 TIDELANDS FEDERAL WAY. WA 9-o0E3 M C4 f M1 ti I % 1614 66.2 3 AW � 1�EDGE.OF ORDINARY tr'�fAT:OIt j a 559.84E feat WATM-11 F w 1Q�2� g3^N .g18.t`� ; 4 CR.AP :/Y:REHAR nND� CAP LAND 16213 AS 8L>ILT LS'iCk70N 0x EAST. P EISNENT ATN �, F110 }/2' REHAB AND wt011023 50 90AIN CJ� fARXi 15Z1} �t x� fur BARB VWE fDCE CARS wIRE fm 0 4 NOT'k&�o E�! arcHOR r�2' Ear £ vs' aEsr K—L DETAIL 'C' a [ P6cER g 7� 4! 2 24,750.1 S.F. = 2i,7, SF, S4,8050 U. 0XI ACICi 057 ACRES 057 APLS E1E vnUtT T 3B'DC�1' t8D.G0' I/ _, i SOi'38'04'Y fBOi�p' SOP38b:'W 150 $ .t 5EPRC DRAIN FIELD 24350.1 51. LAFESER M) -� 2�3.tS.. 4 r�EA[I 6d�02844 A= i1'38'04"E LDg ofAw F1t0 1/2' REB:a 55 f`El FASE]�EIIF ORO AM CAP LAND 01001245 16213-s.D' EASr Iw a CO✓i ufiV70E'd W LALCL'LATEED FROM t OLD SURVEY BY E. MEEKER JU LY 2W lees t i � 6.61E NDt•38'Dc i y 39� DETAIL �• NT.S \ N /f / / tIDu.Eo c01:4�W/rAGI rPIPE HOG IExeRE FOUND LARGE 1,73' BEIM GRADE , ' 1.1'� f ' STONE Tr/'IC 072FOM E a� f FND 1-1/r v IRON T/Wt IN 1C E� IX' LONG LONG POST 1 { 1 PIPE.'H/rAb , 1 s��' ` f CN { 71fr.IDtS MUSE DErkL 'ADETAIL I' DUNE N T.S, N.T.S. A.T.S. LFUD 1/2 AEBAR AND CAP LU7tD x62s3- t.1' FA57 P FND 1/2' RE A9 AND 'CAP . to, 18213-1.6 EAST CF Z KA ER Y'OM VALVE WATER tARItER 25.00' olmmllf PAD f315.43' [Gj � W r` o C7 �. M � to 3 2 U.) O N cu z J 1 FND 1/2' ROAR ASO CAP LUND 16213 0.1E NORTH FND 1/2• REBAR-AND CAP LU7* 102:3, 0. t' riay. 0.1 HORN FOt1N0 LARGE STONE ,-1/g' d IPDN P?PE DETAIL 'A' IV/TACK 0,7E E SHT 2 02 FIRST AM.ERTCAN z- `' y AFT-fR 13tCQRDI♦ Q MAIL TO: I f :.,... Name David Brinell... - Address 3O008 23[d A.ve= �� 3 0 773 •City/$tate.' .Federal WWA 9$423 ;" ;FIRST AMERICAN EAS seem rpm-001 of 009 a $ llQ3 12013 12:02 ACING' COUNTY, LEA :r'P Document fitle(s): 1. Utilities & i�lgressjEgres Easmerzt .`' Reference Numbers :of l�ocurrients•Assigned or.rel�ased: Grantor(s): .; 1. Bruell Family LLC , 2. .�... [ ] I ddbQnal Information on page of document N tiN Grantoe(s): - 1. Bruellgamily LLC 2. [ ] : Addit(onal;rnfarmation on page of document Ahbre►ilated Legal Descript(on: LOT 1, TESTAN3ENTAR' SUBDIV., REC. 20070405900005, KING COUNTY Tax Parcel Nuj�bet(s)a' v� 012103-9151-09:. [ X ] Complete Tega).-&scr'sptigh is on`pagL".-4 of document .r Al ••+• r +• �•• 5• RF k 5cs F !X EXCISE TALI NOT REQUIRED 46 Ca. R ras ❑ivia[on r t� Dawy A.. ar s- s f When Recorded Return To: ,t - ? `Mr: 06id Bruell r• 30008i23eQ Avenue SW federal Way, WA 98023 ,r `f Dasurrlant Cute: UTILITIES & INGRESSIEGRESS EASEMENT Grantor. r`' BRUELL FAMILY LLC Grantee: ;-�r 1 BRUELL FAMILY LLC & PARCELS 012103-9097, 012103-9089, 012103-9108 & 012103-9090 Legal Deserlpticn:.'' -LCT-T;1 OF TESTAMENTARY SUBDIVISION REC #200040500005 VOL 222, PAGE 3, PORTIONS S OF i't ljt NW114 OF THE SE1I4 OF SECTION 1, ' ' -'-I T WNSHtP 21 NORTH, RANGE 3 EAST, W. M. Additformilegal Descrlpt cn:.;` OAGE4, -1EJCHIBIT A Assessor's Tax Pareel Numiser: 41x1039151 E,ASEMEN`t 3" THE GRANTOR(S), Bruell l=arrilly LILC, dwrlerof'L41 of said'Testamenlary Subdivision, the owner of the property hereinafler.desaritsed, .tor and'ira cpnsideration of mutual benefits, do hereby grant unto the GRA''I TEE, Bruell Family LLC a,6onex6lusive perpetual easement (GEasementl for Utilities & Ingress/Egress Jn,;66porj, undW,:and along lh.at portion of Grantor's real property in King Courify,,W shjngbln, as•descdked irrattai heJ Exhibit "A"• •A. EAserrlpn1 Area. The portion of Grantor's real property where an Easement is ieserybd forthe purpose of Utilities & Ingress/Egress shall be knciiiivas fhe;"Easement Area°. B. A6cetss. Eicept in:emergendes as set forth below, Grantee shall have the right to etrterpon tranior's.'rear property; at reasonable times, to access the Easement Area with all necessary'personrtal; materials and equipment for the purposes of utility installation and, maintenance an(t-the repair ,and maintenance of the ingresslegress Infrastructure orify,.fh 'let n "naasonaf7l;0 timeCas used herein, shall mean between the hours of 7:00 a.m. and 6:Cb p.1n. Unless waiv$d by. Gl:�ntor, the Grantee shall notify Grantor at least five (5) catandar days p0ort0 ent6ring`GrAntor's real property For the purpose of installing, conshkting, removing, repairing and rep )aping the utilities or ingressfegress Infrastructure. Such noiee r ay.[ie made orally or ih writing, and shall describe the purpose of the access arid its expected dura(i6n: Provid6d however, in the event of an emergency involving the utTNties`or ingreWegres�infrastructure, affecting or threatening to affect public health and welfare, ruran'iee nay.enW" Grantoes repi property at any hour without notice to inspect, repair, and/oj[_re piace..fhe utilities &'in'fesslegless infrastructure. i5Y .J•.� S.. C. Improvements by Grantor. Grantor, their heirs, successarsbr assigns''shall not•„_ place, plant or construct any permanent structures in, upon or under the', Ease mentAres A s page 1 of 4 , Y` s S -^r :unless specifically approved in writing b Grantee, or designee. Such approval shall be P Y PP 9 Y 9 PP Y` "drafted as an Addendum to this Easement and recorded with the King County Auditor's " :Offices' permanent structure shall mean any concrete foundation, concrete stab, wall, rac)Sgry, popd, stream, building, deck, overhanging structure, fill material, tree (other than `r approved lendsr�,aping per plan), recreational sport court, carport, portable or non -portable g'h iprl 1.0futiiities,'fence, orany,..4ther improvement that restricts or unreasonably sr ;'interferes tiNith Grantee a cgss to VUllties & Ingress/Egress within the Easement Area. "' rA Peimarie]it slar ctuifes shell not rgd8h fowerp., ground cover and shrubs - provided they are less than 3 f6et In.ftel ht, lawr`i,gras "t paving, or gravel. D..Restoration ley G#nt4., In th'' gyan-Grantee's activities under this Easement require the removal of; orc&use iJam*t$fli iyers, ground cover and shrubs less than 3 feet in height, lawn 9rass,•a5phaft pitft 'or gavel within the Easement Area, or within other portions of GraritQr=s rearprop'srpt the Grantee shall, at its o%yn expense, restore such flowers, shrubs, groun�covsr, Iswn Vi'a85, as_alt ppiving, of..pravel to no better condition than existed on the daO Gjantae litter tl uXion GraAoi s real property to commence the activities that result6d fm1ur,•h re; ioval or date. FQr.,•the purpose of this Easemerf;, the terra "restore" shall mean plan tirrg.grass seed oirgn�k sod, laying asphaf# and re.�lacirrg.gravel. Grantor shall be respojosible for're�lantfng flo+�a;s; shrubs and �f ground cover. � such flowers, shrubs and gro nd.ci verare-tfarXQWg caa no and de replanted fn their:eurrent condition, then Grantee shall•ivlrrrhu6e qrantpr for;ih {t: rep lacerpiw enf fair tharket value of such flowers, shrubs and grdUnd,co><er, excluding Y d6livery an6planting costs, which shall be bome by Grantor. If: -the placement planting, or i Onstivctigrl of permanent structures is approved by Grantee, or designee, ii accordance witf_. paragraph: C,above, %en responsibility for removal and replacement of sugh stru6k6s, inclining any+ damage thereto, shall be governed by the terms of-rtuch .� "`� � ti • fr . E. 81r ding jpr(Suqf*Ssors,.,The';terms and condition of this Easement shall constitute real' oven anti that ruK with tfre lard and are binding upon heirs, successors r and assigns. iheAgrEerrjentohall be-111ed'•of r cord:with the King County Auditor's Office. F. Elf ective Date. i'his Easgnrefit shall b.ocome effective on the date It is recorded by the King County Audltors•Df cdt X . sx •'.�� rJ "��r. G. All Writings Contalned Herein. Th,!s Easementklogatherwithalb exhibits, constitules the complete and final agreement of It parties, rolages�and supersedes all oral and/or written pro posais and agreements heretofore m4& qii thO sutjectmatte r, and may only be modified by a wrlting signed by both partigs. . ,� ram, • r--., ��3 % ..;; paga•g�cf �J s ,� �� . s ti a• ,r i } S i 4 .r a i a s I'a the event of some inadvertent discrepancy in the delineation of the intent of the ea§dment, the Grantor and Grantee, shall agree to amend the easement to meet the initial } s intent the easement at the time of drafting of the easement. N W1M1= 1111tiR D> ;ttae.Graniar(s) has hereunto set their hand and seal the x dad of .�leakn it 2013 i x .S ~A, avid H. Bruell {` i ~ Bruell Family LLC5 .;r ,G � •wy rry. STATE`DF wAsHINGTON }' i COUNTY OFKINIQ ) f ss certify;ih It Olkno"i or have satisfactory evidence that Ie Y C'th� IF�ple w610 appeared tasforee, andgs�id peeple�cknowledged that tk►ay signed this iFtstwtr ent...�bp'oath s6tpd that the, iwekt- uthorized to execute the in$trurdent and to ,:be the free anti,yaluntaq ackof such party for the uses and purposes menbeM- d in the iris�rument., r, ,Y N '.piited the daY f 2013 , �ti��gellill! ;: +•E�. '+fry Nafaq Public Jo and for the State of Washington 10 nirunlS$fGn xPl?es n�'If a ��✓ 7, �,•` + •""`'<-' r;.f'~', � s f x s .r EXHIBIT A e PRIVATE UTILITIES & INGRESWEGRESS r = EASEMENT LEGAL DESCRIPTION a =:. "I'haVpor)!ioit of tft I:ot I o6lie Tgstamentgry Subdivision Rec 42007040500005, Vol 222, Page 3,Ngnhwest quartes,,of the Southr,hst giigner of Section 1, Township 21 North, Range il3 tasF W.M. tlesc6bed as- Wows:.' Commenciq at the $6k leasvbor; er of bai l;"•(r tanwntary Subdivision Rec #200704056*5,,,Vol 222, rage 3 record's Of,King County Auditor; The True Point of Beginning, •.,: �;-, ti Thence N 88°42' 15" W.., West along.1he South line i5fkid Lot I stance of 117.50 feet, , { r Thence N 01 °38'04" E, North' distanm`of 2B.[ID fee , r Thence S 88�42' 15" E, East a distance oe'l J-7.501eet; Thence S`41 °38'04" W, South along the East lin of said Lit 1, t distance 420.00 felt; . To the'l"rue'Pnint of Beginning. Con;aining'2,350'�quare feet more or less. rH. 'Page 4 of 4 fia s `i r r f of r EXHIBIT B T. :> r•. 5• B(enAtA AarceIi. T ie Egaserrm+ent,.AWI benefitthe owhers, successors, heirs and assigns of the following described panels: °� " } Lots 2 of tltie T sta'meil#airy 5u:6div4.s6!f, bein 4stiry y as retarded in Volume 222 of Surveys, Page 3 and rec&ded under ricoq�ing�urnbO 20i77-fl405900005, records of King County, Washington, being a"portion of he Nbrthanr §§ Qd ter of the Southeast of Section 1, Township 21 North, Range 3 East, 41�V1; City;of Feher4ij Way, King,Caunty, Wish ngton. Burdened Parcel: - The Easement encumbers the following'descrioed iroperty: r~ < { - ,• Lot 1 of thg,,Testailn4�ntary Subdivision, being a purvey asletorded in VWmw 2�2 ofur-eys, ..&..., �. 1" t- r Page 3 and recorded under recording number 2007b4i{15900pQ5, ecords b' King C 'Unb" Washington, veing a portion of the Northwest Quarter of the Sautiieast.of s, igtin 1,:'Township 21 North, Ra ige 3`East, W.M., City of Federal Way, King County, Washingtari. , Easement Area:,:' The Easement for ogre sir gr 5s'and Utiliti'es is under, over, and across the property as described in Exhibif:A of the,,Ea4ern6t.., s 't=b :e4'y- �- 100491 Becky Chapin From: bob@guniagroup.com Sent: Friday, January 30, 2015 11:00 AM To: Becky Chapin Subject: Bruell LPS Extension Thank you so much for your time this morning, I appreciate the attention and information provided. As I explained at the counter, we are installing 7001f of 2" LPS at a depth of 36". The clearing and grubbing for this project is minimal, it includes removal of (4) small oak trees and some blackberrys. We are working along the existing roadway in an area were two homes are currently being built. We are using a tracked machine with a 6' wide clearing, and a 12" bucket. We feel our impact will be minimal on this project, and we will not be doing any additional clearing than already discribed. If you agree, please provide a letter for us to present to Lakehaven Utility to demonstrate we have met with your criteria. Thank you, Bob Howard Req Vest -to i (if Y � ` c � 01- Sales Manager 1 11 � r A Advanced Septic and Contruction O'Vv t C'PA (253)579-2780 1 � bobs uiiia •ou .com S�(�}Pifr flS+ (�ti 6f Advanced SEPTfC E CCINSTRUCTIOh! Services, Inc. A Gunia Group Corparatlon 1