14-101922CITY OF
�. Federal Way
June 17, 2014
Christa Klumb
Lexcom Development
617 8t' Avenue South
Seattle, WA 98104
FILE
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoffederalway. com
RE: File #14-101922-00-UP; PROCESS II SITE PLAN APPROVAL
SC2047 Tacoma Sherwood, *NO SITE ADDRESS*, Federal Way
Dear Ms. Klumb:
The Community Development Department has completed review of your Process II Master Land Use
application. You have proposed antenna and ground equipment improvements to an existing Personal
Wireless Service Facility (PWSF). Your application is hereby approved per the findings noted below. Be
advised, work cannot begin until you receive building and electrical permits.
FINDINGS OF FACT
1. Applicant proposes to collocate to a PWSF on an existing BPA transmission tower located on city
parks property. The proposal includes a new 15-foot extension to the existing tower and 12 new
antennas. The antennas are panel variety measuring eight feet in height. Twelve panel antennas are
needed to upgrade to 4G technology. Associated ground equipment will be added to an existing
equipment chain link fence enclosure.
2. No material change or expansions are proposed within or surrounding the fenced -in equipment
cabinet and therefore zoning review of such improvements are exempt pursuant to Federal Way
Revised Code (FWRC) 19.255.010(3)(g).
3. The prioritized location analysis per FWRC 19.255.010(4) establishes `Structures located in the BPA
trail' as the first priority. The proposed location on an existing structure located in the BRA trail
meets the highest priority location.
4. Although the proposed antennas for the facility exceed the minor facility thresholds, it does not create
any more adverse visual impact than a minor facility and thus, it is permitted pursuant to FWRC
19.25 5.020(1)(a)(ii).
5. The antennas will be mounted on the structure in such a way to minimize visual and aesthetic impacts
to surrounding uses and blend into the existing environment.
6. New tower extension will increase the overall height from 146.6 feet to 161.6 feet, which is necessary
for the antennas to provide clearance above the existing static lines on the BPA tower.
Ms. Klumb
June 17, 2014
Page 2
CONCLUSIONS OF LAW
1. The proposed improvements are not exempt from Use Process review as they do not meet criteria set
forth in FWRC 19.15.020, Exceptions.
2. Process II "Site Plan Review" is the appropriate Master Land Use application as it is a new PWSF
collocation and subject to FWRC 19.200.190.
3. The proposed improvements are exempt from State Environmental Policy Act review as the scope of
work meets categorical exemption WAC 197-11-800(25)(a)(i), collocation of new equipment that
does not substantially change the physical dimension of such structure.
4. The Federal Way Comprehensive Plan and zoning designation for the subject property is Single
Family Residential (RS7.2). Pursuant to FWRC 19.200.190, PWSFs are a permitted use in RS zones.
5. The proposed improvements meet Process II site plan criteria set forth in FWRC 19.60.050 and
FWRC Chapter 19.255 `Personal Wireless Service Facilities.'
6. Building and electrical permit approval is required prior to constructing the improvements as the
proposed alterations are subject to applicable regulations set forth in FWRC Title 13 `Buildings.'
PERMIT ISSUANCE REQUIRED
Prior to any site work, the applicant shall obtain a building and electrical permit from the city's Building
Department. For further information regarding the building or electrical permits, please contact the
department's permit center at permitcenter Bcityoffederalway.cam or 253-835-2607.
APPEALS
The effective date of this decision is June 20, 2014. Pursuant to FWRC 19.55.050, any person who
commented on the application or requests a copy of this administrative decision may appeal the decision
to the Federal Way Hearing Examiner by July 7, 2014. Any appeal must be in the form of a letter
delivered to the Department of Community Development with the established fee. The appeal letter must
contain a clear reference to the matter being appealed and a statement of the alleged errors in the
Director's decision. No work on the proposal can commence until the end of the appeal period.
In that you are the only party of record, your appeal period is waived (assuming you do not wish to appeal
this decision). Waiver of the right to appeal does not affect the effective date of this decision. Work on the
site may not commence until you have been issued the appropriate building and electrical permit.
CLOSING
This Process H approval is valid for five years from the effective date of this decision. If no further action
is taken within five years, this decision will expire. A two-year extension of time may be granted only if a
written request is submitted to the City's Department of Community Development at least 30 days prior
to the expiration of the decision.
14-101922 Doc I.D. 65710
'TA
Ms. Klumb
June 17, 2014
Page 3
This land use decision does not waive compliance with future City of Federal Way codes, policies, and
standards relating to this development. This Process II approval does not constitute building or electrical
permit approval. If you have any questions regarding this decision, please contact Becky Chapin,
Associate Planner, at 253-835-2641, or becky.chapin@cityoffederalway.com.
Sincerely,
Isaac Conlen, Planning Manager
for Patrick Doherty, Director
enc: Approved Plan Set
c: Email to Christa Klumb, christa.klumb@lexcomcorp.com
Becky Chapin, Associate Planner
Steve Ikerd, Parks & Facilities Manager
14-101922
Doc. LD. 65710
CITY OF
Federal Way
41k
RECEIVE®
MAY 012014
CITY OF FEDERAL WAY
CDS
MASTER a,AND USE APPLICATION
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
33325 8`s Avenue South
Federal Way, WA 98003-6325
253-835-2607. Fax 253-835-2609
www.citV,offederalway.com
APPLICATION No(S)
Z Z P Date LA � 1
Project Name SC2047 - Tacoma Sherwood
Property Address/Location BPA Right of Way, South of 'SW 349th Street, Federal Way
Parcel Number(s) 5422420900
Project Description
PLEASE. PRINT
PWSF Collocation on existing BPA transmission tower; 15'
extension, ground e ipment at grade w/in tower footprint
Type of Permit Required
Annexation
Bindine Site Plan
Boundary Line Adjustment
Comp Plan/Rezone
_ Land Surface Modification
Lot Line Elimination
Preapplication Conference
Process I (Director's Approval)
Process 11(Site Plan Review)
Process III (Project Approval)
Process TV (Hearing Examiner's Decision)
Process V (Quasi -Judicial Rezone)
Process VI
SEPA w/Project
_ SEPA Only
Shoreline: Variance/Conditional Use
Short Subdivision
Subdivision
Variance: Commercial/Residential
Required Information
Zoning Designation
Comprehensive Plan Designation
Value of Existing Improvements
Value of Proposed Improvements
International Building Code (IBC):
Occupancy Type
Construction Type
Bulletin #i003 — January, 1. 2611
Applicant
Name: New Cingular Wireless
Address: 19801 SW 72nd Avenue
City/State: Tualatin, OR
Zip: 97062
Phone: Todd Fiebig, (206) 354-9271
Fax:
Email: tf566b@ t. o
Signature:
Agent (if different than Applican J
Name:Lexcom Development
Address: 617 8th Avenue S
City/State: Seattle, WA
Zip: 98104
Phone: Christa Klumb, (425) 350-9095
Fax: (206) 260-6929
Email: christa. kl xcomcorp . com
Signature:
Owner
Name: City of Federal Way
Address: 33325 8th Avenue S
cilyl3tace: Federal Way, WA
Zip. 98003
Phone: j
Fax:
Email: } V I
Signature:
Page I of 1
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL
DATE: May 12, 2014
TO: Ann Dower, Development Services
Scott Sproul, Assistant Building Official
Brian Asbury, Lakehaven Utility District
Chris Ingham, South King Fire & Rescue
FROM: Becky Chapin
FOR DRC MTG. ON: No Meeting, Please email comments.
FILE NUMBER(s): 14-101922-00-UP
RELATED FILE NOS.:
PROJECT NAME: SC2047 TACOMA SHERWOOD
PROJECT ADDRESS: *NO SITE ADDRESS*
ZONING DISTRICT: RS7.2
PROJECT DESCRIPTION: PWSF collocation on existing BPA transmission tower;
15' extension, ground equipment at grade within tower
footprint.
LAND USE PERMITS: Process II
PROJECT CONTACT: Christa Klumb
Lexcom Development
617 8th Avenue S .
Seattle, WA 98104
MATERIALS SUBMITTED: Master Land Use Application
Project Narrative
Coverage Map
Photo Simulations
Vicinity/Aerial Map
Site Plan/Elevations
APPLICATION FOR A NEW WIRELESS COMMUNICATIONS FACILITY
Submitted to City of Federal Way
April 29, 2014
on behalf of
New Cingular Wireless PCS, LLC
19801 SW 72" d Avenue
Tualatin, OR 97062
RECEIVED
MAY 012014
CITY OF FEDERAL WAY
CDS
APPLICATION FOR A NEW WIRELESS COMMUNICATIONS FACILITY
Submitted to City of Federal Way
April 29, 2014
I. GENERAL INFORMATION
Applicant: New Cingular Wireless PCS, LLC
19801 SW 72"d Avenue
Tualatin, OR 97062
Representative: Lexcom Development
617 8t' Avenue S
Seattle, WA 98104
Project Contact: Christa Klumb, (425) 350-9095
Project Address: BPA Right -of -Way, South of SW 349th Street
Federal Way, WA
Assessor Parcel No: 5422420900
Legal Description: The land in the County of King, State of Washington, described as follows:
Tract A, Meadowpark Division 1, according to the plat thereof recorded in
Volume 145 of Plats, pages 98-101, inclusive, in King County, Washington
Zoning Classification: RS 7.2
Lexcom Development is submitting this application on behalf of New Cingular Wireless PCS, LLC
("AT&T"); the underlying property owner, City of Federal Way; and BPA.
SC2047 Tacoma Sherwood Page 1 of 12
INTRODUCTION
In order to fill a significant gap in coverage, AT&T proposes a new Personal Wireless Service Facility
("PWSF"), SC2047 Tacoma Sherwood, to be installed atop an existing BPA tower. Existing tower is
located within the BPA Right -of -Way just south of SW 349th Street. The location does not have a
physical address, but can be referenced by King County APN 5422420900. The underlying property is
owned by City of Federal Way; managed/overseen by the City's Parks Maintenance and Operations
Division, under Steve Ikerd, Parks and Facilities Manager.
The determination of the coverage gap results from a combination of customer complaints, service
requests, and radio frequency ('RF') design analysis. The site will help improve indoor coverage to
residential areas bounded approximately by SW 3415t Place to the north, to SW 356th Street to the
south; from 25th Avenue SW, east to 8th Avenue SW.
As shown in this application narrative, AT&T's proposal is the least intrusive means of extending AT&T's
service to fill its coverage gap as they have selected the highest priority location per Federal Way
Revised Code 19.255.010(4)(a) Structures located in the BPA trail.
This proposal meets all of City of Federal Way's criteria for siting new telecommunications facilities,
including height and setbacks, and AT&T requests that City of Federal Way approves the new facility as
proposed.
SC2047 Tacoma Sherwood Page 2 of 12
Proiect Overview
AT&T proposes a new PWSF, consisting of a co -location atop an existing BPA transmission tower with
ground equipment installed within the footprint (the "Property"). The Property is currently developed
with BPA transmission towers along the existing trail corridor.
The proposed site will include a 15' extension of the existing tower, with a proposed antenna tip height
of 163.5 feet, raising the antennas up two feet higher than the top of the extension to provide adequate
clearance of the existing metal structure and static lines. There will be three sectors with four antennas
per sector, for a total of 12 antennas. RRH and other additional outdoor ground equipment will be
located within the base of the existing tower on a concrete pad, and surrounded by 6' tall chain -link
fencing.
System information
AT&T is upgrading and expanding its wireless communications network throughout Washington State,
including the installation of the latest LTE service at the site. Upon completion of this update, AT&T will
operate a state-of-the-art digital network of wireless communications facilities throughout the proposed
coverage area as part of its nationwide wireless communications network.
The need for service in this particular geographic area is determined by market demand, coverage
requirements for a specific geographic area, and the need to provide continuous coverage from one site
to another in a particular geographic region.
Once the need for additional coverage in a particular area has been established, AT&T's radio frequency
( RF) engineers perform an RF engineering study to determine the approximate site location and
antenna height that is required to provide service in the desired coverage area. AT&T's RF engineers
identify an area that is called a "search ring" where a site may be located in order to provide service in
the desired coverage area. The RF engineer takes the following objectives into consideration when
identifying the search ring:
1. Coverage. The antenna site must be located in an area where the radio frequency
broadcasts will provide adequate coverage within the significant gap in coverage. The
RF engineer must take into consideration the coverage objectives for the site as well as
the terrain in and around the area to be covered. Since radio frequency broadcasts
travel in a straight line and diminish as they travel further away from the antennas, it is
generally best to place an antenna site near the center of the desired coverage area.
However, in certain cases, the search ring may be located away from the center of the
desired coverage area due to the existing coverage, the surrounding terrain, or other
features which might affect the radio frequency broadcasts like buildings or sources of
electrical interference.
2. Clutter. AT&T's antennas must "clear the clutter" in the area. The radio frequencies
used in ATV's systems are adversely affected by trees, buildings, and other natural and
man-made obstacles. AT&T's radio frequencies do not penetrate mountains, hills, rocks
or metal, and its radio frequencies are diminished by trees, brick and wood walls, and
other structures. Therefore, AT&T's antennas must be installed above or close to the
"clutter" in order to provide high quality communications services in the desired
SC2047 Tacoma Sherwood Page 3 of 12
coverage areas. In addition, if the local code requires us to accommodate additional
carriers on the structure, the structure must be even higher in order to allow the other
carriers' antennas to clear the clutter as well.
3. Call Handoff. The antenna site must be located in an area where the radio broadcasts
from this site will allow seamless call handoff with adjacent sites. "Call handoff" is a
feature of a wireless communications system which allows an ongoing telephone
conversation to continue uninterrupted as the user travels from the coverage area of
one antenna site into the coverage area of an adjacent antenna site. This requires
coverage overlap for a sufficient distance and/or period of time to support the
mechanism of the handoff.
4. Quality of Service. Users of wireless communications services want to use their
services where they live, work, commute and play, including when they are indoors.
AT&T's coverage objectives include the ability to provide indoor coverage in areas
where there are residences, businesses and indoor recreational facilities.
5. Radio Frequencies used by System. The designs of wireless communications systems
will vary greatly based upon the radio frequencies that are used by the carrier. If the
carrier uses radio frequencies that are in the 850 MHz to 950 MHz range, the radio
signals will travel further and will penetrate buildings better than the radio frequencies
in the 1900 MHz band. As a result, the wireless communications systems that use the
lower radio frequencies will need fewer sites than the wireless communications systems
that use the higher radio frequencies. AT&T's system in City of Federal Way uses only
frequencies in the 1900 MHz band, so AT&T's system requires more sites in order to
achieve the same coverage that is provided by the carriers which use the 850 MHz to
950 MHz frequency band.
6. Land Use Classifications. AT&T's ability to construct a cell site on any particular
property is affected by Washington state law and City of Federal Way regulations. As
such, AT&T selected a location that aligns with the priorities further outlined in FWRC
19.255.010(4)(a).
AT&T's coverage propagation software systems use these and other factors (type of antenna; antenna
tilt, etc.) to predict the coverage that will be provided by the proposed site.
This is an AT&T service area that has a 1900 MHz LTE service coverage gap as illustrated in Exhibit A. The
Exhibit shows the proposed site (red star) and surrounding adjacent on -air sites (dark blue triangles),
with planned sites for reference (light blue triangles.) As evidenced, there is a large LTE coverage gap in
all areas not shaded in GREEN. The area currently has dispersed 3G coverage. However, this generation
of wireless service will become obsolete in the near future which will result in almost no wireless
coverage in the vicinity. Therefore, preparation must be made now for LTE coverage.
Exhibit B illustrates the acceptable expanded level of service that will be provided with the addition of
the proposed site at an antenna tip height of 163.5 feet. This proposed tip height is the minimum
necessary to encompass the required coverage gap relative to nearby complementary wireless facilities.
Reducing the antenna height below this level will reduce the effectiveness of the site and will make the
proposed facility inadequate.
SC2047 Tacoma Sherwood Page 4 of 12
This proposed project would allow AT&T to provide wireless communications service in the significant
gap in coverage in this area, and allow for uninterrupted wireless service with fewer dropped calls,
improved call quality, and improved access to additional wireless services that the public now demands.
This includes emergency 911 calls throughout the Federal Way area.
Applicable Law
Federal, state and local laws will apply to this application.
Under the City of Federal Way code, new wireless cellular/PCS facilities that include support structures
are subject to a Land Use Process II (Site Plan), Personal Wireless Service Facility pursuant to FWRC Title
19, Chapter 60.
Under Washington state law, AT&T's ability to install wireless communications facilities is exempt from
SEPA pursuant to Substitute House Bill 1183, effective July 28, 2013 which amended RCW 43.21C.0384;
Section 1, 1(a).
Federal law, primarily found in the Telecommunications Act, acknowledges a local jurisdiction's zoning
authority over proposed wireless facilities but limits the exercise of that authority in several important
ways. First, a local government must approve an application for a wireless communications site if three
conditions are met: (1) there is a significant gap in coverage; (2) the carrier has shown that the manner
in which it proposes to provide service in the significant gap is the least intrusive on the values that the
community seeks to protect as allowed by applicable law; and (3) there are no potentially available and
technologically feasible alternatives that are less intrusive on the goals that the community seeks to
protect as allowed by applicable law. 47 U.S.0 Section 332(c)(7)(A) and (B)(i)(II); and T-Mobile USA,
Inc. v. City of Anocortes, 572 P.3d 987 (9th Cir. 2009).
In addition, under the Telecommunications Act, the City of Federal Way is prohibited from considering
the environmental effects (including health effects) of the proposed site if the site will operate in
compliance with federal regulations. 47 U.S.C. Section 332(c)(7)(B)(iv). AT&T has included with this
application a statement from its radio frequency engineers demonstrating that the proposed facility will
operate in accordance with the Federal Communications Commission's RF emissions regulations (Exhibit
D.) Therefore, this issue is preempted under federal law and any testimony or documents introduced
relating to the environmental or health effects of the proposed site should be disregarded in this
proceeding.
Finally, the Telecommunications Act requires local jurisdictions to act upon applications for wireless
communications sites within a "reasonable" period of time. The Federal Communications Commission
("FCC") has issued a "Shot Clock" rule to establish a deadline for the issuance of land use permits for
wireless facilities. According to the FCC, a reasonable period of time for local government to act on
wireless applications is 90 days for a co -location application and 150 days for all other applications. This
time period includes all application notice and appeal periods. Therefore, under federal law, the
reasonable time period for City of Federal Way's review of this application is 90 days.
SC2047 Tacoma Sherwood Page 5 of 12
APPLICATION SUBMITTAL REQUIREMENTS
AT&T's proposal complies with all requirements of the County's code, which are addressed in the
following order:
For Wireless Facilities:
FWRC 19.255.010 (4)(a) Structures located in the BPA trail.
Response: AT&T proposed site meets these criteria for the highest priority
location.
FWRC 19.255.020 (1)(c) For PWSFs located in the right-of-way, the combined antennas may
extend up to the minimum necessary height to meet safety clearances
required by the operator of the existing structure, but not exceed 15
feet above the existing structure, plus the height of the proposed
antennas as specified in subsection (1)(e) of this section.
Response: AT&T proposes a 15' extension to the existing tower; antennas are
eight feet in height, and in order to provide the necessary clearance
above the existing static lines on the BPA tower, will extend two feet
above the top of the proposed tower extension.
FWRC 19.255.020 (1)(e) It is the applicant's responsibility to prove that the maximum size of the
PWSF panels and number of antennas is the minimum size necessary.
The maximum size of antennas to be located on existing structures in a
public right-of-way shall be two feet in diameter for parabolic
antennas, eight feet in height for panel antennas, and 15 feet in height
for whip antennas.
Response: AT&T will be using 8 foot panel antennas.
FWRC 19.255.020 (4)(a)(ii) (4) Standards for electronic cabinets.
(a) Electronic cabinets shall either:
(i) Be placed in a new or existing completely enclosed
building. It is the applicant's responsibility to prove that the
maximum size of the building is the minimum size necessary
to house the equipment, or
(ii) Be placed above ground in a new or existing equipment
enclosure. It is the applicant's responsibility to prove that
the maximum size of the building is the minimum size
necessary to house the equipment.
Response: Cabinets will be placed above ground and within the existing footprint
of the BPA tower within six-foot chain link fencing.
FWRC 19.255.020 (5)(c) Equipment enclosures shall be designed, located, and screened to
SC2047 Tacoma Sherwood Page 6 of 12
minimize adverse visual impacts from the public right-of-way and
adjacent properties.
Response: A six-foot chain link fence will surround the compound.
FWRC 19.255.020 (6) Security fencing.
(a) No fence shall exceed six feet in height as stipulated in
FWRC 19.125.160(5).
(b) Security fencing shall be effectively screened from view
through the use of appropriate landscaping materials.
(c) Chain -link fences shall be painted or coated with a
nonreflective color.
Response: A six-foot chain link fence will surround the compound and will
conform to these standards.
FWRC 19.255.050 (1)(b) Photosimulations of the proposed facility from affected properties and
public rights -of -way at varying distances. These photo simulations
should include examples of camouflage and stealth installation options.
Response: Photosimulations are enclosed with this application as Exhibit D.
FWRC 19.255.050 (1)(d) A coverage chart of the proposed PWSF at the requested height and an
explanation of the need for that facility at that height and in that
location.
Response: Exhibit A and Exhibit B provide coverage maps justifying height and
location.
Staff met with the Representative Project Contact over the counter on April 23, 2014. No formal
comments were made, and there was not a request / requirement for a Pre -Application Conference.
V. CONCLUSION
AT&T's proposed Personal Wireless Service Facility meets all requirements of City of Federal Way land
use ordinances (to the extent they are not preempted by federal law), and the City of Federal Way
should approve AT&T's proposal as designed, subject only to the City of Federal Way's standard
conditions of approval.
VI. EXHIBITS
Exhibit A — Existing and Planned Service Coverage Map
Exhibit B — New Service Coverage Map
Exhibit C — Engineering Design Parameters
Exhibit D — FCC Compliance Letter / NIER with RF Data Sheet
Exhibit E — Photosimulations
SC2047 Tacoma Sherwood Page 7 of 12
�4 �strtary.Rds. s.-IMdputs
-
�1�
S A-
c
7�
I
e''•'•
•
W
..
y
_ ICI
-
•
jam 16
_
- i
N
f;lAAvcSW
.v
m
C
iiil
I
�
ki4
_ ...
� tiz_f r
-
..
� a
3
�
I
- i
r of
LU
WC
C
a
(D
7A
LLJ
0
Z
V W
F- W
GO Z
x z
W LU
+J
U
a)
Q 7--
m aj
E
A
C
O 4-
to U
� U
0
s au
4-J
bn
C N
CU
C
O C:wo au
C E
N
N
v
O
s C
}' o
N
o �
Q Q.
E o
N �
N a)
f6 >
C �N
bn C
�n a1
X
a)
4A N
C CU
L O
cu
bo C:
N 4-
0
CU
m CO
0 Q
a) vi
.Q C
O
a) �
s ,_
H N
o x
0
L
a
o
c
m
C
a,
A
C�
3
f0 �
m
C $ x
6 0
w
g
0 X
0
F�
W
a
J
N
m
U
G
LA
o
a
..
Ei
0
co E'l m S
C:)
.. co
C Z3s '-4 T3':
OM
00
o
O)
r
m
.r
r
C L
N jo :3
...
=DOZ)rnaC
�J
N L 7
E3
mt t
Ln
N E'
El
.. c Ln cal
(�Ln
Ln
�o co
N C L-
c�-�
o�(n�
W
J Q
Ln
Cco
U1 n
00 .. E'
0a ° E
`C o Lam;
Uii.
n E -0El
0 ,' m00co'
S
N M
C p oh c o
m D '
m .0 Q� C L —
7`;" Cam-
p N L
r
m
c
�a
o �Q El
o a -o,€ -CV Lnm
LM E
Ln E
s 00 m.
Ln
C 00�n c�
m = _ '. '
,� 0i C�L —
3 c�
0aa-ea=
J G Ui 0C
0
0
N
t
cn
m
0
U
ca
0
N
U
!n
EXHIBIT D
FCC COMPLIANCE LETTER / NIER with RF DATA SHEET
ATTACHED
SC2047 Tacoma Sherwood Page 11 of 12
DATE: 07 March 2014
TO: City of Federal Way Planning Department
RE: AT&T Mobility, telecommunications radio facility SC2047 Tacoma Sherwood
To Whom it May Concern:
Based on information provided by AT&T Mobility, the proposed telecommunications
radio facility noted above will transmit at the following frequencies as licensed by the
Federal Communications Commission:
734 to 892 MHz and 1,930 to 2,145 MHz
Per FCC Public Standards OET Bulletin 65, the highest ("worst case") general population
uncontrolled exposure limit in the 300 to 1,500 MHz band occurs at 734 MHz and is
0.4893 mW/cmz. The highest general population uncontrolled exposure limit in the 1,500
to 100,000 MHz band is 1.0 mW/cmz.
The power density calculations for each sector of the proposed facility are below the
maximum FCC exposure levels. Additionally, the proposed facility will not cause other
existing co -located facilities to exceed the FCC exposure standards and, per Federal
Guidelines, is unconditionally proven safe. For the above noted facility, the calculated
exposure values are shown in the following table:
FCC Frequency Range
ERP watts
Power Density mW/cmz)
300 to 1,500 MHz
492
0.013
1,500 to 100,000 MHz
824
0.004
The planned radio facility is in compliance with the City of Federal Way Zoning Chapter
19.255.020 Development standards. The placement of the antennas will not cause any
habitable area of a structure to exceed the Federal Communications Commission's limits
for human exposure to non -ionizing radio frequency electromagnetic fields.
The attached Zoning drawings and AT&T Mobility RF data sheet (provided by others) are
attached herewith for reference.
I certify the above information is true to the best of my knowledge.
Florin Arsene, P.E.
Digitally signed
by Windows
Azure Tools
DN:
cn=Windows
Azure Tools,
Date: 2014.03.13
04:42:23-07'00'
PB TELECOM, INC.
617 8T" AVENUE SOUTH, SEATTLE, WASHINGTON
T 206.838.9275
x 206.838.5021
The now � J �t
Site Information
Release Information
_
Site ID
SC2047
Uatu Issued
02117/14
1.1
Gisele Lima
Arleen Dimabayao
17A
Contact Details
phone
phone
(425) 919-3253
[206] 661-0142
Site Name
Project
GSM Equipment
UMTS Equipment
1VadeB # 1-4 proposed
'Tacoma Sherwood Revision Level
New Build L_ _
RF Design Engineer
ALU DNB - Outdoor RF Performance Engineer
WASCU2047 [Q1401110](1011[Q14Q11€0F101 Zone
I.Zip
I17-;VILIb;TI']IU0LV4DLAA#
T}:»n i;i:#lT7C�tt1'#
Latitude (decimal) I {degrees)
Longitude (decimal) / (degrees)
County
Street Address
City
Code
47.288644
-122.355372
Pierce
SW 349th St
Federal Way
198023
State
Disaster Recovery
47' 17' 19.1"
-1220 21' 19.3"
WA
'Tier 2
GSM BSC
Structure 1
Tower Owner
Colocation Partners
Tier of our ant
Business on site
Highest Point w/o ant
Highest Point w/ ant
Location Information
Utility Tower
BPA
1st from Top
1156.6
1163.5
8e1
Alpha
Planned Configuration
UMTS 850
UMTS 19Q0 UMTS 850 1
UNITS 1900 1
FUTURE [Oft]
1
8'
CommSco a
SBNHH-1D65C
DBDP
61
120
0
0
Included with antenna
96x11.85x7.1
66.14
159.5
2
Comm 1-5/8 2100
i75
FSJ4
0
LTE 70Q LYE 1900
1
Ice+10d 10a+10b+toe+lof
CommSco a
SBNHH-1D65C
DBDP
65
120
6 5
0
Included with antenna Included with antenna
96xli.85x7.1 96x11-85x7.1
66.14 66.14
159.5 159.5
1 1
Comm 1-5/8 700 Comm 1-5/8 1900
175 175
FSJ4 FSJ4
0 0
WC5 (Dfi}
1
7
CommScope
SBNHH-iD65C
DBDP
58
120
0
0
Included with antenna
96x11.85x7.1
66-14
159.5
4
Comm 1-5/8 2300
175
FSJ4
0
UMTS 850
15c+15d
6
Included with antenna
72x23-3x9
No Data
159.5
FSJ4
0
UM + 5 f 9Q0 UMTS 850t
1
15a+15b 15c+i5d
CCI
HPA-33R-BLlU-H6
DBDP
33
260
3 6
Included with antenna Included with antenna
72x23.3x9 72x23.3x9
No Data No Data
159-5 159.5
2
Comm 1-518 850
175
FSJ4 FSJ4
0 0
U
15a+15b
3
Included with antenna
72x23.3x9
No Data
159.5
FSJ4
0
Number of Antennas
1
Antenna Part Number
9c+9d 9a+9b 9c+9d 9a+9b
Antenna Vendor
Antenna Model
.Antenna (Band / Pol)
CommSco a
SBNHH-1D65C
DBDP
,Antenna HBW
63
.Azimuth
120
Electrical Tilt
Mechanical Tilt
RET
6 5 6 5
0
Included with antenna Included with antenna Included with antenna Included with antenna
Antenna Dimensions (inches) (H.W,D)
96x11.85x7-1
95x11.85x7.1
96x11.85x7.1
96xi1.85x7.1
Antenna Weight (lbs)
Rad Center (ft)
Number of Feeders
Feeder Type
66.14 66.14 66-14 66.14
159.5 159.5 159.5 159.5
2
Comm 1-618 850
Feeder Length
175
Jumper Type
Number of TMA
FSJ4
0
FSJ4
0
FSJ4
0
FS34
0
TMA Type
_
TMA DIM (Weight(ib),length,height)
No
No
WAL02047
WAL02047 2A 1
59.51 [dBm] / 893 [WI
No
No
No
WAL02047
WAL02047 7A 1
1
56.78 [dBm] 1476 [W]
No
No
WAL02047
WAL02047 9A 1
1
57.42 [dBm] / 552 [1IV]
No
WAL02047
WAL02047 3A 1
57.6 jdBm] / 575 IN►1
No
WASCU2047
WASCU2047Y
TACNWADNCRAROB
20472
42977
1
59.85 [dBm] / 966 [W]
Yes - U9 US i U9 Us 1
No No
WASCU2047 WASCU2047
WASCU20476 WASCU2047U
TACNWADNCRAR06 TACNWADNCRAR06
20478
42977 42977
1 1
60.52 [dBm] / 1127 [W] 59.85 jdBm] / 966 [W]
No
VVASCU2047
WASCU2
CRA
TACNWADNCRAR06
32545
42977 1
1
60.52 [dBm] / 1127 [WJ
IDiplexed
Yes - U8 U8 1 U9 U9 1
Antenna (Sharing /Type)
IMCMC PA
No
No
No
Na
BCF Name
Sector Name
WASCU2047
WASCU2047X
WASCU2047
WASCU2047A
WASCU2047
UVASCU204TT
WASCU2047
WASCU2047D
BSCIRNC
CeIIID
LAC
TRX Count
ERP ( dBm / Watts)
TACNWADNCRAR06
20471
42977
1
57.75 [dBm] / 595 [W]
TACNWADNCRAR06
20477
42977
1
58.72 [dBm] 1744 [WJ
TACNWADNCRAR06
42977
1
57.75 [dBm] 1595 [W]
TACNWADNCRARO6
32504
42977
1
58.72 [dBm] / 744 [W]
SC2047 Pramesh_rev3 Pagel of 4
EXHIBIT E
PHOTOSIMULATIONS
ATTACHED
SC2047 Tacoma Sherwood Page 12 of 12
1�lk
0
40
4w 9 4
It 40
Ave-SYY,
-7'9th-Gi-S)IP
r
ch
co
Co
r
co
h
co
�f
CD
Ll 7
0
�
•'
� ..,..*�l.
_,..-.:L,,�;..�,�
__,.,.,.,�,,,...,.,i
..,_ -fir•-. ,,;�•.
.n
r
.c� •xer t,�FirstAmerican
FirstAmerican Title Insurance Company
818 Stewart St, Ste 800
Seattle, WA 98101
Phn - (206)728-0400 (800)826-7718
Fax -
King County Title Team Two
818 Stewart St, Ste. 800, Seattle, WA 98101
Fax No. (866) 561-3729
Kelly Cornwall Curtis Goodman Peter Child Kathy 3 Turner
(206) 336-0725 Municipality Title Officer (206) 336-0726 (206) 336-0724
kcornwall@firstam.com (206) 615-3069 pchild@firstam.com kturner@firstam.com
cgoodman@firstam.com
PLEASE SEND ALL RECORDING PACKAGES TO 818 STEWART ST, STE. 800, SEATTLE, WA
98101.
To: Lexcom Development
617 8th AVE S
Seattle, WA 98104
Attn: Danielle Page
Re: Property Address: Vacant, Federal Way, WA
File No.: 4209-2186569
Your Ref No.: SC2047 Tacoma
Sherwood
Supplemental Report 1
Dated: April 17, 2014 at 8:00 A.M.
Commitment/Pre/iminaryReport No. 4209-2186569 dated as of December 02, 2013
(including any supplements or amendments thereto) relating to the issuance of an American Land Title
Association Form Policy is hereby modified and/or supplemented as follows:
The following note D has been added to our Commitment/Preliminary Report to read as follows:
D. Special taxes for the year Special, which have been paid.
Tax Account No.
Code Area:
Amount:
542242-0900-00
1205
$ 2.40
MAY 01 2014
Page 1 of 2 CITY OF FEDERAL WAY
CDS
Date: April 22, 2014
FirstAmerican Title Insurance Company
I
Curtis Goodman, Title Officer
Page 2 of 2
File No.: 4209-2186569 (ceg)
First American Title
1. CLTA 14 Subdivision Guarantee - WA
First American
First American Title Insurance Company
818 Stewart St, Ste 800
Seattle, WA 98101
December 08, 2013
Danielle Page
Lexcom Development
617 8th AVE S
Seattle, WA 98104
Phone:(206)369-6323x713
Fax:
Title Officer:
Curtis Goodman
Phone:
(206)615-3069
Fax No.:
(866)561-3729
E-Mail:
cgoodman@firstam.com
Order Number:
2186569
Escrow Number:
Buyer:
Owner: City of Federal Way, a Washington municipal corporation
Property: Vacant
Federal Way, Washington
Attached please find the following item(s):
Guarantee
Thank You for your confidence and support. We at First American Title Insurance Company maintain the
fundamental principle:
Customer First.
5003353
lof11
Number: 2186569 1 CLTA # 14 Subdivision Guarantee
First American Title
First American Title
J First American
Guarantee
Subdivision Guarantee
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
5003353-2186569
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS
GUARANTEE,
FIRST AMERICAN TITLE INSURANCE COMPANY
a California corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule
A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
•"""• �• ,
Fi rst Am e ri c a n Titl e Insurance Company
ti
LP C#� f .tF
' K 3EPTFrBFR2i,
/f >.�w
.
r��
...... r`
IFO....,.
DennisJ. Gilmore
Timothy Kemp
President
Secretary
This jacket was created electronically and constitutes an original document
(Form 5003353 (2-1-13) Page 2 of 11 uarantee Number: 2186569 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
First American Title
First American Title
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
Except to the extent that specific assurances are provided in
(a) Defects, liens, encumbrances, adverse claims or other matters
Schedule A of this Guarantee, the Company assumes no
affecting the title to any property beyond the lines of the land
liability for loss or damage by reason of the following:
expressly described In the description set forth in Schedule (A),
(a) Defects, liens, encumbrances, adverse claims or other
(C) or In Part 2 of this Guarantee, or title to streets, roads,
matters against the title, whether or not shown by the
avenues, lanes, ways or waterways to which such land abuts,
public records.
or the right to maintain therein vaults, tunnels, ramps or any
(b) (1) Taxes or assessments of any taxing authority that
structure or improvements; or any rights or easements therein,
levies taxes or assessments on real property; or, (2)
unless such property, rights or easements are expressly and
Proceedings by a public agency which may result in taxes
specifically set forth in said description.
or assessments, or notices of such proceedings, whether
(b) Defects, liens, encumbrances, adverse claims or other matters,
or not the matters excluded under (1) or (2) are shown
whether or not shown by the public records; (1) which are
by the records of the taxing authority or by the public
created, suffered, assumed or agreed to by one or more of the
records.
Assureds; (2) which result in no loss to the Assured; or (3)
(c) (1) Unpatented mining claims; (2) reservations or
which do not result in the invalidity or potential invalidity of
exceptions in patents or in Acts authorizing the issuance
any judicial or non -judicial proceeding which is within the
thereof; (3) water rights, claims or title to water,
scope and purpose of the assurances provided.
whether or not the matters excluded under (1), (2) or
(c) The identity of any party shown or referred to in Schedule A.
(3) are shop%m by the public records.
(d) The validity, legal effect or priority of any matter shown or
Notwithstanding any specific assurances which are provided
referred to in this Guarantee.
in Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
GUARANTEE CONDITIONS AND STIPULATIONS
Definition of Terms.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the
Assured in this Guarantee, or on a supplemental writing
executed by the Company.
(b) "land": the land described or referred to in Schedule
(A)(C) or in Part 2, and improvements affixed thereto
which by law constitute real property. The term "land"
does not include any property beyond the lines of the
area described or referred to in Schedule (A)(C) or in
Part 2, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or
waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(d) "public records": records established under state
statutes at Date of Guarantee for the purpose of
imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date.
2. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in
case knowledge shall come to an Assured hereunder of any
claim of title or interest which is adverse to the title to the
estate or interest, as stated herein, and which might cause
loss or damage for which the Company may be liable by
virtue of this Guarantee. If prompt notice shall not be given
to the Company, then all liability of the Company shall
terminate with regard to the matter or matters for which
prompt notice is required; provided, however, that failure to
notify the Company shall in no case prejudice the rights of
any Assured unless the Company shall be prejudiced by the
failure and then only to the extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any
action or proceeding to which the Assured is a party,
notwithstanding the nature of any allegation in such action or
proceeding.
(Form ;OQ3353 (2 1 13) Page 3 of 11
Company's Option to Defend or Prosecute Actions; Duty of
Assured Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as
set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost,
to institute and prosecute any action or proceeding, interpose
a defense, as Ilmited In (b), or to do any other act which in its
opinlon may be necessary or desirable to establish the title to
the estate or interest as stated herein, or to establish the lien
rights of the Assured, or to prevent or reduce loss or damage
to the Assured. The Company may take any appropriate action
under the terms of this Guarantee, whether or not it shall be
liable hereunder, and shall not thereby concede liability or
waive any provision of this Guarantee. If the Company shall
exercise its rights under this paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in
Paragraph 4(a) the Company shall have the right to select
counsel of its choice (subject to the right of such Assured to
object for reasonable cause) to represent the Assured and shall
not be liable for and will not pay the fees of any other counsel,
nor will the Company pay any fees, costs or expenses incurred
by an Assured in the defense of those causes of action which
allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or
Interposed a defense as permitted by the provisions of this
Guarantee, the Company may pursue any litigation to final
determination by a court of competent jurisdiction and
expressly reserves the right, in its sole discretion, to appeal
from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to
prosecute or provide for the defense of any action or
proceeding, an Assured shall secure to the Company the right
to so prosecute or provide for the defense of any action or
proceeding, and all appeals therein, and permit the Company
to use, at its option, the name of such Assured for this
purpose. Whenever requested by the Company, an Assured,
at the Company's expense, shall give the Company all
(Guarantee Number: 2186569 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
First American Title
First American Title
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
reasonable aid in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending
the action or lawful act which in the opinion of the
Company may be necessary or desirable to establish the
title to the estate or interest as stated herein, or to
establish the lien rights of the Assured. If the Company
is prejudiced by the failure of the Assured to furnish the
required cooperation, the Company's obligations to the
Assured under the Guarantee shall terminate.
S. Proof of Loss or Damage.
In addition to and after the notices required under Section 2
of these Conditions and Stipulations have been provided to
the Company, a proof of loss or damage signed and sworn to
by the Assured shall be furnished to the Company within
ninety (90) days after the Assured shall ascertain the facts
giving rise to the loss or damage. The proof of loss or
damage shall describe the matters covered by this Guarantee
which constitute the basis of loss or damage and shall state,
to the extent possible, the basis of calculating the amount of
the loss or damage. If the Company is prejudiced by the
failure of the Assured to provide the required proof of loss or
damage, the Company's obligation to such assured under the
Guarantee shall terminate. In addition, the Assured may
reasonably be required to submit to examination under oath
by ar)y authorized representative of the Company and shall
produce for examination, inspection and copying, at such
reasonable times and places as may be designated by any
authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which
reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company,
the Assured shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect
and copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third party,
which reasonably pertain to the loss or damage. All
information designated as confidential by the Assured
provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim.
Failure of the Assured to submit for examination under oath,
produce other reasonably requested information or grant
permission to secure reasonably necessary information from
third parties as required in the above paragraph, unless
prohibited by law or governmental regulation, shall terminate
any liability of the Company under this Guarantee to the
Assured for that claim.
6. Options to Pay or Otherwise Settle Claims:
Termination of Liability.
In case of a claim under this Guarantee, the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or
to Purchase the Indebtedness.
The Company shall have the option to pay or settle or
compromise for or in the name of the Assured any claim
which could result in loss to the Assured within the
coverage of this Guarantee, or to pay the full amount of
this Guarantee or, if this Guarantee is issued for the
benefit of a holder of a mortgage or a lienholder, the
Company shall have the option to purchase the
5003353 (2-1-13) ,Page 4 of 11 JGuarantee
indebtedness secured by said mortgage or said lien for the
amount owing thereon, together with any costs, reasonable
attorneys' fees and expenses incurred by the Assured claimant
which were authorized by the Company up to the time of
purchase.
Such purchase, payment or tender of payment of the full
amount of the Guarantee shall terminate ail liability of the
Company hereunder. In the event after notice of claim has
been given to the Company by the Assured the Company
offers to purchase said indebtedness, the owner of such
indebtedness shall transfer and assign said indebtedness,
together with any collateral security, to the Company upon
payment of the purchase price.
Upon the exercise by the Company of the option provided for
in Paragraph (a) the Company's obligation to the Assured
under this Guarantee for the claimed loss or damage, other
than to make the payment required in that paragraph, shall
terminate, including any obligation to continue the defense or
prosecution of any litigation for which the Company has
exercised its options under Paragraph 4, and the Guarantee
shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the
Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the name
of an Assured claimant any claim assured against under this
Guarantee, together with any costs, attorneys' fees and
expenses incurred by the Assured claimant which were
authorized by the Company up to the time of payment and
which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for
in Paragraph (b) the Company's obligation to the Assured
under this Guarantee for the claimed loss or damage, other
than to make the payment required in that paragraph, shall
terminate, including any obligation to continue the defense or
prosection of any litigation for which the Company has
exercised its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against actual monetary
loss or damage sustained or incurred by the Assured claimant who
has suffered loss or damage by reason of reliance upon the
assurances set forth in this Guarantee and only to the extent herein
described, and subject to the Exclusions From Coverage of This
Guarantee.
The liability of the Company under this Guarantee to the Assured
shall not exceed the least of:
(a) the amount of liability stated in Schedule A or In Part Z;
(b) the amount of the unpaid principal indebtedness secured by
the mortgage of an Assured mortgagee, as limited or provided
under Section 6 of these Conditions and Stipulations or as
reduced under Section 9 of these Conditions and Stipulations,
at the time the loss or damage assured against by this
Guarantee occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest
covered hereby as stated herein and the value of the estate or
interest subject to any defect, lien or encumbrance assured
against by this Guarantee.
S. Limitation of Liability.
(a) If the Company establishes the tide, or removes the alleged
defect, lien or encumbrance, or cures any other matter assured
against by this Guarantee in a reasonably diligent manner by
2186569 CLTA #14 Subdivision Guarantee (4-10-
First American Title
First American Title
9.
10.
11.
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
any method, including litigation and the completion of 12. Arbitration.
any appeals therefrom, It shall have fully performed its Unless prohibited by applicable law, either the Company or the
obligations with respect to that matter and shall not be
Assured may demand arbitration pursuant to the Title Insurance
liable for any loss or damage caused thereby.
Arbitration Rules of the American Land Title Association, Arbitrable
(b) In the event of any litigation by the Company or with the
matters may include, but are not limited to, any controversy or
Company's consent, the Company shall have no liability
claim between the Company and the Assured arising out of or
for loss or damage until there has been a final
relating to this Guarantee, any service of the Company in
determination by a court of competent jurisdiction, and
connection with its issuance or the breach of a Guarantee provision
disposition of all appeals therefrom, adverse to the title,
or other obligation. All arbitrable matters when the Amount of
as stated herein.
Liability is $2,000,000 or less shall be arbitrated at the option of
(c) The Company shall not be liable for loss or damage to
either the Company or the Assured. All arbitrable matters when the
any Assured for liability voluntarily assumed by the
amount of liability is in excess of $2,000,000 shall be arbitrated only
Assured in settling any claim or suit without the prior
when agreed to by both the Company and the Assured. The Rules
written consent of the Company.
in effect at Date of Guarantee shall be binding upon the parties.
Reduction of Liability or Termination of Liability.
The award may include attorneys' fees only if the laws of the state
All payments under this Guarantee, except payments made
in which the land is located permits a court to award attorneys' fees
for costs, attorneys' fees and expenses pursuant to Paragraph
to a prevalling party. Judgment upon the award rendered by the
4 shall reduce the amount of liability pro tanto.
Arbitrator(s) may be entered in any court having jurisd• .lion
Payment of Loss.
(a) No payment shall be made without producing thls
thereof.
The law of the situs of the land shall apply to an arbitration under
Guarantee for endorsement of the payment uroless the
the Tstle Insurance Arbitration Rules.
Guarantee has been lost or destroyed, in which case
A copy of the Rules may be obtained from the Company upon
proof of loss or destruction shall be furnished to the
request.
satisfaction of the Company. 3.3.
Liability Limited to This Guarantee; Guarantee Entire
(b) When liability and the extent of lass or damage has been
Contract.
definitely fixed in accordance with these Conditions and
(a) This Guarantee together with all endorsements, if any,
Stipulations, the loss or damage shall be payable within
attached hereto by the Company is the entire Guarantee and
thirty (30) days thereafter.
contract between the Assured and the Company. In
Subrogation Upon Payment or Settlement.
interpreting any provision of this Guarantee, this Guarantee
Whenever the Company shall have settled and paid a claim
shall be construed as a whole.
under this Guarantee, all right of subrogation shall vest in the
(b) Any claim of loss or damage, whether or not based on
Company unaffected by any act of the Assured claimant.
negligence, or any action asserting such claim, shall be
The Company shall be subrogated to and be entitled to all
rights and remedies which the Assured would have had
restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be
against any person or property in respect to the claim had
made except by a writing endorsed hereon or attached hereto
this Guarantee not been issued. If requested by the
signed by either the President, a Vice President, the Secretary,
Company, the Assured shall transfer to the Company all rights
an Assistant Secretary, or validating officer or authorized
and remedies against any person or property necessary in
signatory of the Company.
order to perfect this right of subrogation. The Assured shall 14.
Notices, Where Sent.
permit the Company to sue, compromise or settle in the name
All notices required to be given the Company and any statement in
of the Assured and to use the name of the Assured in any
writing required to be furnished the Company shall include the
transaction or litigation involving these rights or remedies.
number of this Guarantee and shall be addressed to the Company
If a payment on account of a claim does not fully cover the
at First American Title Insurance Company, Attn: Claims
loss of the Assured the Company shall be subrogated to all
National Intake Center, 1 First American Way, Santa Ana,
rights and remedies of the Assured after the Assured shall
California 92707 Claims,MCMrstam.com_ Phone: 888-632-
have recovered its principal, interest, and costs of collection.
1642 Fax: 877-804-7606
AMER��
4
5003353(2-1
5of11
First American Title
Number: 2186569 1 CLTA #14 Subdivision Guarantee (4-
First American Title
First American Title
first American
Schedule A
Order No.: 2186569
Subdivision Guarantee
ISSUED BY
First American Title Insurance Company
�GUARANTEE NUMBER
2186569
Liability: $1,000.00
Name of Assured: AT&T & Lexcom Development
Date of Guarantee: December 02, 2013
The assurances referred to on the face page hereof are:
1. Title is vested in:
CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION
Fee:$450.00
Tax: $42.75
2. That, according to the public records relative to the land described in Schedule C attached hereto
(including those records maintained and indexed by name), there are no other documents
affecting title to said land or any portion thereof, other than those shown under Record Matters
in Schedule B.
3. The following matters are excluded from the coverage of this Guarantee
A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing
the issuance thereof.
B. Water rights, claims or title to water.
C. Tax Deeds to the State of Washington.
D. Documents pertaining to mineral estates.
4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of
any matter shown herein.
5. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence
as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W.,
and the local regulations and ordinances adopted pursuant to said statute. It is not to be used
as a basis for closing any transaction affecting title to said property.
6. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment,
guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises
and First American expressly disclaims any liability which may result from reliance made upon it.
Form 5003353 (2-1-13) Page 6 of 11 uarantee Number: 2186569 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
First American Title
First American Title
First American
Schedule B
Subdivision Guarantee
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
2186569
RECORD MATTERS
1. The property herein described is carried on the tax rolls as exempt; however, it will become
taxable from the date of transfer to a taxable entity. Tax Account Number(s): 542242-0900-00
2. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property
and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term.
3. Easement resulting from King County Superior Court condemnation, including terms and
provisions contained therein:
Cause No.: 791311
In Favor of: The City of Tacoma, a municipal corporation
For: Water transmission pipeline or pipelines
Affects: A portion of said premises and other property
4. Easement, including terms and provisions contained therein:
Recording Information: 3143063
In Favor of: United States of America
For: One or more electric power transmission lines, and one or more
telephone and/or telegraph lines, and the appurtenances
necessary thereto
5. Easement, including terms and provisions contained therein:
Recording Information: 3277827
In Favor of: United States of America
For: Electric power transmission lines and one or more telephone
and/or telegraph lines
6. Easement, including terms and provisions contained therein:
Recording Information: 3303166
In Favor of: United States of America
For: Electric power transmission lines
T Easement, including terms and provisions contained therein:
Recording Information: 5026259
In Favor of: United States of America
For: One or more lines of electric power transmission structures and
appurtenant signal lines, and the appurtenances necessary
thereto
5003353 (2-1-13) IPage 7 of 11
Number: 2186569 1 CLTA #14 Subdivision Guarantee (4-
First American Title
First American Title
8. Easement, including terms and provisions contained therein:
Recording Information: 7306110425
In Favor of: City of Tacoma
For: A water transmission pipeline or pipelines, and appurtenant
equipment
Affects: 100 foot strip as located within the westerly portion of said
premises
9. Easement, including terms and provisions contained therein:
Recording Information: 7306250362
In Favor of: City of Tacoma
For: A water transmission pipeline or pipelines, and appurtenant
equipment
Affects: 100 foot strip as located within the westerly portion of said
premises and other property
10. Easement, including terms and provisions contained therein:
Recorded: January 27, 1975
Recording Information: 7501270451
In Favor Of: Puget Sound Energy, Inc., a Washington corporation
For: Electric transmission and/or distribution system
Affects: A right-of-way 50 feet in width as constructed, extended or
relocated over, across and under a westerly portion of said
premises in Government Lot 3, and the north quarter of
Government Lot 4
11. Easement, including terms and provisions contained therein:
Recorded: January 27, 1975
Recording Information: 7501270453
In Favor Of: Puget Sound Energy, Inc., a Washington corporation
For: Electric transmission and/or distribution system
Affects: A right-of-way 50 feet in width as constructed within a westerly
portion of the north half of the south half of the north half of
Government Lot 4
12. Easement, including terms and provisions contained therein:
Recorded: April 14, 1975
Recording Information: 7504140353
In Favor Of: Puget Sound Energy, Inc., a Washington corporation
For: Electric transmission and/or distribution system
Affects: The west 50 feet of the east 75 feet of the Bonneville
Transmission line right-of-way
13. The terms and provisions contained in the document entitled "Right of Way Permit'
Recorded: June 15, 1976
Recording No.: 7606150245
5003353 (2-1-13) Page 8 of 11 Guarantee Number: 2186569 CLTA #14 Subdivision Guarantee (4-
First American Title
First American Title
14. Easement, including terms and provisions contained therein:
Recording Information: 7607090367
In Favor of: City of Tacoma
For: Water transmission pipeline
15. Easement, including terms and provisions contained therein:
Recording Information: 8302090796
In Favor of: Lakehaven Sewer District, a municipal corporation
For: Sewer mains with the necessary appurtenances
Affects:
16. Easement, including terms and
Recorded:
Recording Information:
In Favor Of:
For:
A 15 foot by 8 foot section of the westerly portion of
Government Lot 4
provisions contained therein:
December 12, 1988
8812120656
Puget Sound Energy, Inc., a Washington corporation
Electric transmission and/or distribution system
17. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary
discrepancies, notes and/or provisions shown or disclosed by Short Plat or Plat of Meadowpark
Division 1 recorded in Volume 145 of Plats, Page(s) 98 through 101.
18. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, family status, or national origin to the extent such covenants, conditions or restrictions
violate Title 42, Section 3604(c), of the United States Codes:
Recording Information: 8906231444
Modification and/or amendment by instrument:
Recorded: July 18, 1989
Recording Information: 8907180499
Modification and/or amendment by instrument:
Recorded: October 25, 1989
Recording Information: 8910251387
Modification and/or amendment by instrument:
Recorded: October 25, 1989
Recording Information: 8910251388
Modification and/or amendment by instrument:
Recorded: August 28, 1990
Recording Information: 9008281900
Modification and/or amendment by instrument:
Recorded: April 04, 1995
Recording Information: 9504040947
Modification and/or amendment by instrument:
Recorded: March 09, 1998
Recording Information: 9803091668
To, 5003353 (2 1 13) Page 9 of it Guarantee Number: 2186569 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
First American Title
First American Title
19. Provisions of the Articles of Incorporation and By -Laws of the Meadowpark Homeowner's
Association, and any tax, fee, assessments or charges as may be levied by said association.
20. Easement, including terms and provisions contained therein:
Recording Information: 20000918000035
In Favor of: Meadow Park Homeowners Association, a Washington nonprofit
corporation
For: Access
21. Easement, including terms and provisions contained therein:
Recording Information: 20010316002022
In Favor of: Nextel West Corp., a Delaware corporation, d/b/a Nextel
Communications
For: A nonexclusive access easement over and across land owned by
Grantor for use by Grantee in connection with the operation and
maintenance of a radio communications facility and other
improvements
Informational Notes, if any
A. Special taxes for the year 2013, which have been paid.
Tax Account No.: 542242-0900-00
Code Area: 1205
Amount: $ 2.40
B. Name and address of current taxpayer according to the King County Assessors record are:
City of Federal Way
33325 8th Ave S
Federal Way, WA 98003
C. The vestee(s) herein acquired title by instrument(s) recorded under Recording
Number(s) 20000918000036.
5003353 (2-1-13) jPage 10 of 11 uarantee Number: 2186569 CLTA #14 Subdivision Guarantee (4
First American Title
First American Title
FirstAm rican
Schedule c
Subdivision Guarantee
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
2186569
The land in the County of King, State of Washington, described as follows:
Tract A, Meadowpark Division 1, according to the plat thereof recorded in Volume 145 of Plats, pages 98
through 101, inclusive, in King County, Washington.
5003353(2-1
Number: 2186569 ` CLTA #14 Subdivision Guarantee
First American Title
First American Title
2. Map -Customer
I• _ rnsrwF I ._.-'-'- -_' � -Wiz_=�-., „
��r � I � - � r` a, y� I TH AVE S.W.. w....�-�.�.: I•� �'� 4 S.
m--
1
1j_._.._._............ ........ r gv.93
• y.
?•1 S r
i Inc 'JtI SZ 1`•L i.•a --� + eS Y:4
N" ZO'AZ
:sF ova f• .. Gi-591 n
LO'L6 as
{'1L099
if'v9
6E'09
61
COT tye
f o y .6T
� ]' 9• 1� Carll
o° c •�f O1 m #' = ran :.' m o----------------S Id
Qao: a 4 M1 M"m
r, r• s9.r1 Gr o_ EY•45
m c CD
N cgi �.' yr [..t L 3t•6if iJ�/ N_ f�l i[G-fi ;f ^ so tQ'Si 09
ON s` $ �.w._•-141S3lItlHlEI co,_ T_ YLL Do:
o c
GG EIt 001
Lf.' OI m �!� r'F'1 � / 4,1T• _ S� � „ L.L &o I\ o � f['69 E6
jF j a�� m i"'�$• a Mgr �o � m o-:: I �_� ^o s=
aai erg 9�
�a N
ZZ Ovi
0079T.07 u v iF'i'. C3 V' a .$ go m o
T
CIS
90
W
Vol
Do, r7i
m 3�4 y 0]I ON
s Co
sa
o N 4 59 D3 09 c.,4' r.•rr+ LL I o �,
I gas. oe: � 0al,ti r< a s g
p 8 rf z5
Vie. N �o r go]
---------g'o� 0
ma•" m r
�i 0
fp.io Ca[ ml � ~
•.< N� `�' F I eCM1 sl tf"r. s� L y j 'Y' R_ c
^ 05 09 09 OS
N eC� a6: a /nI N P 9.- LG r R N •�i a5� mo Ni ^ j
p, _ -------------------
oa•o 1 6 Ha $ tl i N o i i dr Cot O M'S 3AV H1VL •~_•.•.• M'S 3AV H14L------
L�ij " a, r Fose ti,� 4k 55 59 e
93:� O a m � o •y WF
F� V e
6v0, I $ Lo• ti $ sM1•L[I j •''3. N .0 x A �,o"+ f4 4yi' gy o e
• � ^e-o-� D9� 09� rt9a i O moo �c
P� ^s
•per •G• �'1 4 j �1i g a O� r0 N� I Y �� ,F 3�' j So S9 59 i
.6j� a e5 YNo Q eo v n1 '��' �m 3,& S r` �o j r SS•tz QYI CLf
OD1 s
z
o ' iv •7t sr rry' a�'i.cd, j + 0 o I z v o
D9 a D= LQ•n 5 c o o r.
4 ei sg ;t .` Co er•50t
.----------------------------------- — —•j d� n2o� — X !ro aae
tp
09 s p Lg 'M'S -Id
d HL — of io=� fc%•as O L3 $
2 sa as Q w w Q
" r 5 8g gg gg � i N �3 a.� a� ao. '' �❑
o .ivo } om
NAG m
I E6.4e x� vI•fi-v A o V
-CAa9 p3 '1
% W
�s
LL J- C.
w U S q T ! E
3~u9 s._7 _w.ne,L.os - - - - - - - ` -• — - - - - - ` - - - - - - - - - -- - - - - - - - - - - - - -
T •JS a-- ❑II O - YKJJiS
LLJ f y 44 ..
-- - -� dc - �X - _ _ - •----��_ ---- - -----' - - -_
O W Z ry -�. ^ � Fm+ � `Z 9 T • C!: Y?AYH � VWJJY.L _
Cn y
Cn
Cd a
_ 99'LaC � �.•L7•F "• w !:'76L!':I {s•t!S �i
�. �g Ig • of ok" ss .. o vi fd d2f-G;` i n G5ig0 f D R� fv'849• 01 .. - • e ..Masi - [v . i - - - .0
`�4+•+ 10,-v7 ZD'09°z ID-60-DN
y9E .. a. .. Gr �s _ ix n '•:t • u i�M i1. �k + , ' 9T ry - e¢ • it ob ^yro
�''. A �'• W � Wr. ry [ � xx 6 04 �. at•� 1Il 4•a4•A 'J9P _ 4 �
RR3 O 69,66 n ,� i4 �1� .z m voi �r l » 4,.37
4 �9 Zr_TI-0 5 c- O� '•ice 8.
'M'S 10 H1LL a r[_s [9 ofL a esW ac
i3 j m _ _ � � � •
tz
i 'aj Aqq �ppa1
1 rr�. I � r a• � � I ,2.tl td'IC 7 N o x �9 m-' P '^ � •, L_ FE " �' peA. n6 I
' l .. - •I h R = � a• m�e' �OIc 9. Yt es-s:� _ - 1
First American Title