Loading...
17-105915cIrr of r Federal Way January 30, 2018 c/o MJ Klein Federal Way Marketplace West LLC 30300 Agoura Road, Suite 270 Agoura Hills, CA 91301 j1o55 o Aol.com FIESUBMIT t ED MAR 14 2018 WAY ofOF DE11 FEDEOPME, CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Jim Ferrell, Mayor Re: File #17-105915-00-SU; BLA CONDITIONAL APPROVAL Federal Way Marketplace Outparcels SS44 & SS55, 34612161h Avenue South, Federal Way Dear MJ Klein: The City of Federal Way has completed an administrative review of the Boundary Line Adjustment (BLA) application to alter the interior lot line between tax parcels 250090-0070 and 250090-0100. Both parcels are vacant. The Department of Community Development hereby conditionally approves the BLA based on the survey drawing prepared by Brian D. Gillooly, submitted on December 11, 2017. BACKGROUND The applicant proposes to alter the interior lot line between two lots in the Commercial Enterprise (CE) zone. Existing Parcel A is 29,734 square feet in size and existing Parcel B is 15,101 square feet. Proposed Parcel A is 21,621 square feet and proposed Parcel B is 23,214 square feet. DECISIONAL CRITERIA City staff has determined the BLA meets decisional criteria set forth in Federal Way Revised Code (FWRC) Chapter 18.10: 1. The BLA is a minor alteration in the location of lot boundaries on existing lots. The BLA will not increase the number of lots, nor diminish the size of open space or other protected environments. 2. The BLA will not diminish the size of any lot so as to result in a lot of less square footage than prescribed in the CE zoning district. 3. The BLA will not result in the reduction of setbacks or site coverage to less than prescribed in the CE zoning district. 4. All lots resulting from the BLA will be in conformance with the design standards of the city's subdivision title. 4 Klein Page 2 of 2 January 30, 2018 RECORDING Pursuant to FWRC 18.10.060, all BLAB shall be recorded with the King County Division of Elections and Records. To finalize the BLA process, please use the enclosed Resubmittal Information form and submit to the Permit Center one signed and notarized drawing (mylar or paper), and two paper copies of the signed/ notarized drawing for city signatures. Please note: Per state law, on the drawing all signatures and writing shall be made with permanent black ink, including notary stamps. After city signatures are obtained, the applicant must record the BLA with King County. Please return one conformed copy to the city immediately after recording. No changes to the BLA document are allowed following city signature. If the county recording process necessitates revisions to the BLA map, you must request and receive approval of any change from city staff prior to recording. CONDITIONS OF APPROVAL Make the following corrections before resubmitting for signatures: 1) Add city file number 17-105915-00-SU to the space provided on the BLA Title Block; 2) Revise the signature titles for the City of Federal Way Approvals to: a. Deputy Public Works Director; and b. Community Development Director; 3) The lot closure calculations shall be sealed by the PLS. CLOSING This land use decision does not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. If you have any questions regarding this decision, please contact Senior Planner Dave Van De Weghe at 253-835-2638, or da�-id.v. ndewe he ci !offed l,%vay.c m. Sincerely, j-'-T� Brian Davis Community Development Director enc: Resubmittal Information Form Approved BLA Plans Dave Van De Weghe, Senior Planner Kevin Peterson, Engineering Plans Reviewer Kimberly Anderson,,kanderl:tlnQhar�haucanti Doc. I.D. 77209 file #17-105915-00-SU RECEIVED DEC 11 20V CITY OF CITY OF A! WAY Federal Way COMMUNITY DEVELOPMENT �LDPMFNf MASTER LAND USE APPLICATION DEPARTMENT OF CommuNITY DEVELOPMENT 33325 8"' Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 www.cityoffederalway.com APPLICATION NO(S)7— iJ — ` c,,,c Date l d— Project Name FEDERAL WAY OUTPARCELS BLA #2 S S If q d s S .S Property Address/Location Parcel Number(s) Project Description �LEANL VACANT -1800 BLOCK OF S. 344TH STREET 250090-0070 & 250090-0100 BLA BETWEEN 2 PARCELS TO ACCOMODATE FUTURE DEVELOPMENT Type of Permit Required Annexation Binding Site Plan X Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information CE Zoning Designation CE Comprehensive Plan Designation VACANT Value of Existing Improvements Value of Proposed Improvements International Building Code (IBC): Occupancy Type Construction Type Applicant Name: FEDWAY MARKETPLACE WEST LLC Address: 30300 AGOURA RD. #270 City/State: AGOURA HILLS, CA Zip: 91301 Phone: (310) 629-0466 Fax: Email: jlo55@aol.com Signature:t Agent (if dif c t ,06Applic t) KIMBERLY ANDERSON Name: BARGHAUSEN CONSULTING ENGINEERS Address: 18215 72ND AVE. S City/State: KENT, WA Zip: 98032 Phone: (425) 656-7483 Fax: Email: KANDERSON@BARGHAUSEN.COM Signature: V,(" j(Vo(11-/ Owner Name: FEDWAY MARKETPLACE WEST LLC Address: 30300 AGOURA RD. #270 City/State: AGOURA HILLS, CA Zip: 91301 Phone: (310) 629-0466 Fax: Email: jlo55@aol.com Signature: / G Bulletin #003 —January 1, 2011 Page 1 of I k:\Handouts\Master Land Use Application CITY OF �. Federal Way January 30, 2018 FILE c/o MJ Klein Federal Way Marketplace West LLC 30300 Agoura Road, Suite 270 Agoura Hills, CA 91301 jlo559—ftol.com CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoSederalway. com Jim Ferrell, Mayor Re: File #17-105915-00-SU; BLA CONDITIONAL APPROVAL Federal Way Marketplace Outparcels SS44 & SS55, 34612161h Avenue South, Federal Way Dear MJ Klein: The City of Federal Way has completed an administrative review of the Boundary Line Adjustment (BLA) application to alter the interior lot line between tax parcels 250090-0070 and 250090.-0100. Both parcels are vacant. The Department of Community Development hereby conditionally approves the BLA based on the survey drawing prepared by Brian D. Gillooly, submitted on December 11, 2017. BACKGROUND The applicant proposes to alter the interior lot line between two lots in the Commercial Enterprise (CE) zone. Existing Parcel A is 29,734 square feet in size and existing Parcel B is 15,101 square feet. Proposed Parcel A is 21,621 square feet and proposed Parcel B is 23,214 square feet. DECISIONAL CRITERIA City staff has determined the BLA meets decisional criteria set forth in Federal Way Revised Code (FWRC) Chapter 18.10: 1. The BLA is a minor alteration in the location of lot boundaries on existing lots. The BLA will not increase the number of lots, nor diminish the size of open space or other protected environments. 2. The BLA will not diminish the size of any lot so as to result in a lot of less square footage than prescribed in the CE zoning district. 3. The BLA will not result in the reduction of setbacks or site coverage to less than prescribed in the CE zoning district. 4. All lots resulting from the BLA will be in conformance with the design standards of the city's subdivision title. FILE Federal Way January 8, 2018 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityofiederalway.. com Jim Ferrell, Mayor Fedway Marketplace West LLC (c/o MJ Klein) Email: ilo55@aol.com 30300 Agoura Rd, Suite 270 Agoura Hills, CA 91301 RE: File #17-105915-00-SU; NOTICE OF COMPLETE APPLICATION Federal Way Marketplace Outparcels BLA, 34612 161h Ave S, Federal Way Dear Applicant: The City of Federal Way's Community Development Department is in receipt of your December 11, 2017, Boundary Line Adjustment (BLA) application submittal proposing to adjust the boundary line between two parcels (parcel #'s 250090-0070 and 250090-0100). Pursuant to Federal Way Revised Code (FWRC) 18.10.040, within 28 days of receiving a BLA application the city shall determine whether all information and documentation required for a complete application has been submitted. NOTICE OF COMPLETE APPLICATION Please consider this correspondence as a Notice of Complete Application. The application is deemed complete as of January 8, 2018, based on a review of your submittal relative to those requirements as set out in FWRC 18.10.030. The submittal requirements are not intended to determine if an application conforms to the City of Federal Way codes; they are used only to determine if all required materials have been submitted. Formal processing and review of your -application will now begin. Technical review comments will follow at a later date. A 120-day time line for reviewing the BLA application has started as of this date. The city's development regulations allow the department 120 days from the date that an application is deemed complete to take action on the application. However, the 120-day time line can be stopped any time the city requests corrections and/or additional information. If you have any questions regarding this letter or your application, please feel free to contact me at david.vandewe lie ci offederalwa .coin or 253-835-2638. Sincerely, Dave Van De Weghe, AICP Senior Planner c: Kimberly Anderson, Barghausen Engineers, ka—n—d rsQn rr bF rshausen.cam Doc. I.D. 77075 17-105915-00-SU DATE: TO: CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL 1� 12/28/17 ��) 0"�'�1y 6--"P✓g17 FROM: FOR DRC MTG. ON: Cole Elliott, Development Services Manager Rick Perez, City Traffic Engineer Brian Asbury, Lakehaven Water & Sewer District Chris Cahan, South King Fire & Rescue Dave Van De Weghe, Planning 1/4/17 - Internal completeness review FILE NUMBER(s): 17-105915-00-SU RELATED FILE NOS.: None PROJECT NAME: FEDERAL WAY MARKETPLACE OUTPARCELS BLA PROJECT ADDRESS: 34612 16TH AVE S ZONING DISTRICT: CE PROJECT DESCRIPTION: Boundary line adjustment between (2) parcels to accommodate future development. LAND USE PERMITS: BLA PROJECT CONTACT: Kimberly Anderson, kandwerson@bar hausen.com MATERIALS SUBMITTED. BLA Lot closures Title ro RESUBMITTED Name: PARCEL A North:109913.0515' East:1632859.7475' Segment #1 : Line Course: N88'22'22'W Length: 159.93' North:109917.5929' East:1632699.8820' Segment #2 : Line Course: N01 "37'53"E Length: 135.12' North:110052.6581' East:1632703.7287' Segment #3 : Line Course: S88°25'42"E Length: 159.92' North:110048.2720' East:1632863.5886' Segment #4 : Line Course: S01 "37'38'W Length: 135.27' North:109913.0565' East:1632859.7474' Perimeter: 590.23' Area: 21621 Sq. Ft. Error Closure: 0.0051 Course: N01°11'18'W Error North: 0.00507 East:-0.00011 Precision 1: 115733.33 •;***•w*tfR***wwww*w:**•**wwFwk*L-k*4M}�fkielii'F*AVFR4R#k++kiwk*i*kk► Name: PARCEL B North:109747.3378' East:1632855.0399' Segment #1 : Line Course: N88°22'22'W Length: 56.88' North:109748.9530' East:1632798.1828' Segment #2 : Line Course: N01'37'38"E Length: 3.48' North:109752.4316' East:1632798.2816' Segment #3 : Line Course: N88°22'22"W Length: 68.50' North:109754.3768' East:1632729.8093' Segment #4 : Line Course: S01 °37'38"W Length: 4.30' North:109750.0785' East:1632729.6872' Segment #5 : Line Course: N88*22'22"W Length: 12.50' North:109750.4335' East:1632717.1922' MAR 14 2018 Segment #6 : Line C17Y OF FEDERAL WAY CC+MMUNITY DEVELOPMENT Course: N01°37'38"E Length: 140.11' North:109890.4870' East:1632721.1709' Segment #7 : Line Course: N88°22'22'W Length: 22.05' North:109891.1131' East:1632699.1297' Segment #8 : Line Course: N01 °37'53"E Length: 26.49' North:109917.5924' East:1632699.8839' Segment #9 : Line Course: S88'22'22"E Length: 159.93' North:109913.0509' East:1632859.7494' Segment #10 : Line Course: S01 °37'38'W Length: 165.78' North:109747.3378' East:1632855.0418' Perimeter: 660.02' Area: 23213 Sq. Ft. Error Closure: 0.0019 Course: S88°22'15"E Error North:-0.00005 East: 0.00193 Precision 1:347378.95 • wttwh-Fr*ww MYw * **fswlNxfRw***e *ww-+wM+�wt/+*i�AM Name: S-44 North:109752.4350' East:1632565.4303' Segment #1 : Line Course: N88°22'22'W Length: 68.50' North:109754.3802' East:1632496.9580' Segment #2 : Line Course: S01 °37'38'W Length: 4.30' North:109750.0819' East:1632496.8359' Segment #3 : Line Course: N88'22'22"W Length: 12.50' North:109750.4369' East:1632484.3409' Segment #4 : Line Course: N01 °37'38"E Length: 112.00' North:109862.3917' East:1632487.5213' Segment #5 : Line Course: S88'22'22"E Length: 137.88' North:109858.4764' East:1632625.3457' M Course: N01 °37'53"E Length: 135.12' North:110052.6616' East:1632470.8824' Segment #6 : Line Course: S01 °37'38'W Length: 111.18' Perimeter: 699.44' Area: 29733 Sq. Ft. North: 109747.3412' East: 1632622.1886' Error Closure: 0.0053 Course: N19°57'36"E Error North: 0.00501 East: 0.00182 Segment #7 : Line Precision 1: 131969.81 Course: N88°22'22'W Length: 56.88' North:109748.9564' East:1632565.3315' Segment #8 : Line Course: N01 °37'38"E Length: 3.48' North:109752.4350' East:1632565.4303' Perimeter: 506.72' Area: 15101 Sq. Ft. Error Closure: 0.0000 Course: N82°52'30'W Error North: 0.00000 East:-0.00000 P ision 1:506720000.00 R-efMRkfRfRfff***11 M*ff4fRf RfRRM*-sYfaff fY*A**f+Mf4M�f Name: S-55 North:110052.6565' East:1632470.8806' Segment #1 : Line Course: S88°25'42"E Length: 159.92' North:110048.2704' East:1632630.7404' Segment #2 : Line Course: S01 °37'38"W Length: 189.87' North:109858.4769' East:1632625.3488' Segment #3 : Line Course: N88°22'22"W Length: 137.88' North:109862.3923' East:1632487.5244' Segment #4 : Line Course: N01 °37'38"E Length: 28.11' North: 109890.4909' East: 1632488.3226' Segment #5 : Line Course: N88°22'22'W Length: 22.05' North:109891.1171' East:1632466.2815' Segment #6 : Line Course: N01 *37'53"E Length: 26.49' North:109917.5963' East:1632467.0356' Segment #7 : Line 4-0 0 CU r.7 I. '1. Inift vv, u V cm 4 �j wr pa(�1 ." j1�rt�-_ ply+•.--.'•-- _.�,._-. _�.�. —1— - -- a w� ► jaaLAwAJ..AF - lot 00 �� me - ,'• A- �� :� JY !� s ; � F ' .. 1 - � . �~ �. �%' � is �* -�:. _, * N ,.i l—.•�-%.._ ter."'�;- •' 7f' r`� i '�ar: x - OPL- 1 m m�� 43j m m 3 ip . o ❑ tc;, EmYO=�_E °3 a ? m 8 °°❑gin - = c mr E g c c a gm�m�.w n•I � � 3 � a c ' ° o m ❑ s 10 C m E�mycE❑ G oon kc y y C3 SUBDIVISION Guarantee/Certificate Number: Issued By: 0112911-TC CHICAGO TITLE INSURANCE COMPANY Amendment Second CHICAGO TITLE INSURANCE COMPANY RECEIVED a corporation, herein called the Company DEC 11 2017 GUARANTEES CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT Barghausen Consulting Engineers, Inc. herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Chicago Title Company of Washington 4717 South 19th Street, Suite 101 Tacoma, WA 98405 Countersigned By: ti 1NSV Qf pPOR{ v SEAL�r Authorized Officer or Agent �f Subdivision Guarantee/Certificate Chicago Title Insurance Company By: Attest: A� President Secretary Printed: 12.04.17 @ 03:07 PM Page 1 WA-CT-FNSE-02150.620753-SPS-1-17-0112911-TC CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0112911-TC AMENDMENT Second ISSUING OFFICE: Title Officer: Tacoma Commercial Unit Chicago Title Company of Washington 4717 South 19th Street, Suite 101 Tacoma, WA 98405 Main Phone: (253)671-6623 A: CTIPierceCoun CommercialTitie ctt.com SCHEDULE A Liability Premium $1,000.00 $350.00 Effective Date: November 28, 2017 at 08:00 AM The assurances referred to on the face page are: Tax $35.35 That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Title to said real property is vested in: Fedway Marketplace West, LLC, a Washington Limited Liability Company subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision Guarantee/Certificate Printed: 12.04.17 @ 03:07 PM Page 2 WA-CT-FNSE-02150.620753-SPS-1-17-0112911-TC EXHIBIT "N' Legal Description Revised Lots S-44 and S-55, City of Federal Way Boundary Line Adjustment No. 09-104539-00-SU (Federal Way Marketplace Outparcels Boundary Line Adjustment), recorded under recording no. 20100223900001, in King County, Washington. Subdivision Guarantee/Certificate Printed: 12.04.17 @ 03:07 PM Page 3 WA-CT-FNSE-02150.620753-SPS-1 -17-011291 1-TC GUARANTEE/CERTIFICATE NO. 0112911-TC CHICAGO TITLE INSURANCE COMPANY AMENDMENT Second SCHEDULE B GENERAL EXCEPTIONS H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. Printed: 12.04.17 @ 03:07 PM Suhdivisian GuaranteelCerliFca[e Page 4 WA-CT-FNSE-02150.620753-SPS-1.17-0112911-TC CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) SPECIAL EXCEPTIONS GUARANTEE/CERTIFICATE NO. 0112911-TC AMENDMENT Second 1. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on City of Federal Way Boundary Line Adjustment No. 04-104498-00-SU (Federal Way Marketplace Boundary Line Adjustment): Recording No: 20050524900003 Agreement and the terms and conditions thereof: Between: Fedway Marketplace Investors, L.L.C.; and Fedway Marketplace West, L.L.C. And: Lakehaven Utility District, a municipal corporation Recording Date: May 3, 2006 Recording No.: 20060503000725 Regarding: Connection of water and sewer facilities and provisions related thereto Modification(s) of said agreement Recording Date: November 22, 2006 Recording No.: 20061122000797 Note: The lien created by paragraph 28 of the agreement was satisfied and released by instrument recorded under recording no. 20090210000424. 3. Intentionally Deleted 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Lakehaven Utility District, a municipal corporation Purpose: Water facilities and appurtenances Recording Date July 14, 2006 Recording No.: 20060714000296 Affects: A Westerly portion of Revised Lot S-55 and other property as described and delineated in document 5. Intentionally Deleted Subdivision Guaranlee/Certifieale ?rimed 2.04.17 @ 03:07 PM Page 5 WA-CT-FNSE-02150.620753-SPS-1-17-0112911-TC GUARANTEE/CERTIFICATE NO. 0112911-TC CHICAGO TITLE INSURANCE COMPANY AMENDMENT Second SCHEDULE B (continued) 6. Covenants, conditions, restrictions and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: August 3, 2006 Recording No.: 20060803002092 Modification(s) of said covenants, conditions and restrictions Recording Date: October 23, 2006 Recording No.: 20061023002366 Modification(s) of said covenants, conditions and restrictions Recording Date: October 15, 2007 Recording No.: 20071015001505 7, No Build Agreement and the terms and conditions thereof: Between: Fedway Marketplace Investors, LLC, a Washington limited liability company; and Wal-Mart Real Estate Business Trust, a Delaware statutory trust And: City of Federal Way, a municipal corporation; and Fedway Marketplace West, LLC, a Washington limited liability company Recording Date: August 18, 2006 Recording No.: 20060818001244 8. Covenants, conditions, restrictions, easements and liability for assessments but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: September 26, 2006 Recording No.: 20060926002173 Modification(s) of said covenants, conditions and restrictions Recording Date: October 2, 2006 Recording No.: 20061002000919 Modification(s) of said covenants, conditions and restrictions Recording Date: November 20, 2006 Recording No.: 20061120002048 Subdivision Guarantee/Certificate Printed: 12.04.17 @ 03:07 PM Page 6 WA-CT-FNSE-02150.620753-SPS-1-17-0112911-TC GUARANTEE/CERTIFICATE NO. 0112911-TC CHICAGO TITLE INSURANCE COMPANY AMENDMENT Second SCHEDULE B (continued) Modification(s) of said covenants, conditions and restrictions Recording Date: November 20, 2006 Recording No.: 20061120002049 Modification(s) of said covenants, conditions and restrictions Recording Date: February 7, 2007 Recording No.: 20070207002046 Modification(s) of said covenants, conditions and restrictions Recording Date: October 10, 2007 Recording No.: 20071010000291 Modification(s) of said covenants, conditions and restrictions Recording Date: March 25, 2010 Recording No.: 20100325001153 Modification(s) of said covenants, conditions and restrictions Recording Date: March 25, 2010 Recording No.: 20100325001154 9_ Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Puget Sound Energy, Inc., a Washington corporation Purpose: One or more utility systems for transmission, distribution and sale of gas and electricity Recording Date: October 9, 2006 Recording No.: 20061009000531 Affects: A portion of said premises and other property lying within a strip of land 10 feet in width having 5 feet of such width on each side of the centerline of grantee's facilities as constructed, to be constructed, extended or relocated. 10. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on City of Federal Way Binding Site Plan No. 06-100273-00-SU (Federal Way Marketplace Outparcels), recorded in Volume 237 of Plats, Pages 75 through 79, inclusive: Recording No: 20061109001720 Subdivision Guarantee/Certificate Page 7 Printed: 12.04.17 @ 03:07 PM W A-CT-FN SE-02150.620753-SPS-1-17-0112911-TC CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARANTEE/CERTIFICATE NO. 0112911-TC AMENDMENT Second 11. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on City of Federal Way Boundary Line Adjustment No. 09-104539-00-SU (Federal Way Marketplace Outparcels Boundary Line Adjustment): Recording No: 20100223900001 12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Lakehaven Utility District, a municipal corporation Purpose: Water and/or sewer facilities and appurtenances Recording Date: May 3, 2010 Recording No.: 20100503001114 Affects: Portions of S-55 and other property as described and delineated in document 13. Intentionally Deleted 14. Liability for Sewer Treatment Capacity Charges, if any, affecting certain areas of King, Pierce and Snohomish Counties. Said charges could apply to property connecting to the metropolitan sewerage facilities or reconnecting or changing its use and/or structure after February 1, 1990. Please contact the King County Wastewater Treatment Division, Capacity Charge Program, for further information at 206-296-1450 or Fax No. 206-263-6823 or email at CapCharc leEscrow@kingcountv.qay. * A map showing sewer service area boundaries and incorporated areas can be found at: http://your.kingcounty.gov/ftp/gis/WebfVMC/utilitiesiservarea cities.pdf Unrecorded Sewer Capacity Charges are not a lien on title to the Land. NOTE: This exception will not appear in the policy to be issued. 15. Intentionally Deleted 16. Intentionally Deleted Subdivision Guarantee/Certificate Printed: 12.04.17 @ 03:07 PM Page 8 WA-CT-FNSE-02150.620753-SPS-1.-17-0112911-TC CHICAGO TITLE INSURANCE COMPANY 17 18 19. 20 GUARANTEE/CERTIFICATE NO. 0112911-TC AMENDMENT Second SCHEDULE B (continued) General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2017 Tax Account No.: 250090-0070 Levy Code: 1205 Assessed Value -Land: $241,600.00 Assessed Value -Improvements: $0.00 General and Special Taxes Billed: $3,368.89 Paid: $3,368.89 Unpaid: $0.00 Affects; Lot S-44 General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2017 Tax Account No.: 250090-0100 Levy Code: 1205 Assessed Value -Land: $475,700.00 Assessed Value -Improvements: $0.00 General and Special Taxes: Billed: $6,630.13 Paid: $6,630.13 Unpaid: $0.00 Affects: Lot S-55 A commercial deed of trust to secure an indebtedness in the amount shown below, Amount: $6,848,000.00 Dated: June 11, 2013 Trustor/Grantor: Fedway Marketplace West, LLC, a Washington limited liability company Trustee: Stewart Title Company Beneficiary: First Federal Savings and Loan Association of Port Angeles Recording Date: June 14, 2013 Recording No.: 20130614001517 Affects: Includes other property Assignment of Leases and Rents Assigned to: First Federal Saving and Loan Association of Port Angeles Assigned by: Fedway Marketplace West, LLC, a Washington limited liability company Recording Date: June 14, 2013 Recording No.: 20130614001518 Affects: Includes other property Subdivision Guarantee/Certificate Page 9 Printed: 12.04,17 @ 03:07 PM W A-CT-FNSE-02150.620753-SPS-1-17-0112911-TC GUARANTEE/CERTIFICATE NO. 0112911-TC CHICAGO TITLE INSURANCE COMPANY AMENDMENT Second SCHEDULE B (continued) 21. A commercial deed of trust to secure an indebtedness in the amount shown below, Amount: $280,000.00 Dated: June 11, 2013 Trustor/Grantor: Fedway Marketplace West, LLC, a Washington limited liability company Trustee: First American Title Insurance Company Beneficiary: First Federal Savings and Loan Association of Port Angeles Recording Date: June 14, 2013 Recording No.: 20130614001519 Affects: Includes other property 22. Intentionally Deleted 23. Intentionally Deleted 24. Any unrecorded leaseholds, right of vendors and holders of security interests on personal property installed upon the Land and rights of tenants to remove trade fixtures at the expiration of the terms. END OF EXCEPTIONS NOTES The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage for loss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage or are not matters covered under the insuring provisions of the policy. Note A: Note: The legal description in this Guarantee is based on information provided with the application and the Public Records. All parties must notify the Title Insurance Company if the description does not conform to their expectations. Note B: Note: FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: Revised Lots S-44 & S-55, City of Federal Way Boundary Line Adjustment recorded under recording no. 20100223900001. Tax Account Nos.: 250090-0070-07 and 250090-0100-01 Note C: Note: Any map furnished with this Guarantee is for convenience in locating the land indicated herein with reference to streets and other land. No liability is assumed by reason of reliance thereon. END OF NOTES END OF SCHEDULE B Subdivision Guarantee/Certificate Printed: 12.04.17 @ 03:07 PM Page 10 WA-CT-FNSE-02150.620753-SPS-1-17-0112911-TC