16-105827FILE
CITY OF
Federal Way
February 9, 2017
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoffederalway.. com
Jim Ferrell, Mayor
Sophia Mekkers Emailed: sophia@.b1k-rock.cog
Black Rock Consulting
174 Link Ct.
Newberg, OR 97132
RE: File: 16-105827-00-UP; PLANNING DIVISION REVIEW
Walmart Small Cells (Brook Lake), 3452016th Ave S, Federal Way
Dear Ms. Mekkers:
The City has reviewed the above -referenced personal wireless facility proposal, received December 8,
2016. A review of the material you submitted indicates the following Planning issues must be addressed
prior to Use Process I approval:
1. Sheets A-2, A-3 and E-1 —Please place the equipment cabinets in anew or an existing equipment
enclosure (FWRC 19.225.020.4.a.ii.). The enclosure will not require additional screening.
2. Anew enclosure cannot impact freight truck site distance or access to the Walmart loading dock.
CLOSING
Please submit four copies of the requested plans, with the enclosed resubmittal form. The city is currently
reviewing the associated building permit, File #17-100135-CO. Please resubmit building permit plans
revised by this land use review. If you have any questions regarding this letter please contact me at 253-
835-2644 or lei la.willou hbv-oake ci offederaiwa .corn.
Sincerely,
Leila Willoughby -Oakes
Associate Planner
enc: Resubmittal Form
FWRC 19.255.020.4 'Standards for electronic cabinets'
FWRC 19.255.020.5 'Standards for equipment enclosures'
Ci Michael Cunningham, Verizon Wireless, Emailed: michaet.cuzinin linln2fiitverizonwireless.eom
Peter Lawrence, Plan Examiner
Doc I D 75372
CITY OF
L Federal Way
CITY HALL
33325 8th Avenue South
'Federal Way, WA 98003-6325
(253) 835-7000
www, cityofiederalway. com
Jim Ferrell, Mayor
February 24, 2017
Ms. Sophia Mekkers
Black Rock Consulting
174 Link Court
Newberg, OR 97132
sopliia@blk-rock.com
blk-rock.com
FILE
Re: File #16-105827-UP; PROCESS I REVIEW —SMALL CELL PWSF — APPROVAL
Walmart Supercenter (Brook Lake); 34520 16th Avenue South, Federal Way
Dear Ms. Mekkers:
The City of Federal Way's Department of Community Development has completed an administrative land
use review of the proposed construction of a Personal Wireless Service Facility (PWSF) that will include the
installation of small cell antennas behind the shroud of the building, and ground -level equipment cabinets at
the Walmart Supercenter located at 34520 16th Avenue South, Federal Way, WA.
The Process I application was submitted and determined to be complete on December 8, 2016. Your
proposal is found to be consistent with the provisions of Federal lay Revised Code (FWRC) Chapter 19.55,
"Process I — Director's Approval," and Chapter 19.255, "Personal Wireless Service Facilities." Your Process I
proposal is hereby approved based on the following statements of fact:
1. Zoning & Land Use— The zoning designation for the subject property is Commercial Enterprise (CE).
PWSFs are permitted in the CE zone pursuant to the zoning chart found in FWRC 19.240.140.
2. Review Process — According to submitted materials, the applicant proposes to install a small cell wireless
facility in three node locations containing three wall mounted antennas with associated conduits. The
mounted equipment will be screened behind a Fiberglass Reinforced Plastic (FRP) shroud. A fiber coax
will run from the antennas to two equipment cabinets (located at grade) behind the store along the
northern facade, beside the loading dock and truck access/circulation route.
3. Prioriti.ed Locations — The applicant proposes the PWSF installation in an appropriate zoning district,
which is die fourth prioritized location. The highest prioritized locations are not feasible for the following
reasons: locating in the BPA Trail (prioritized location 1) would not meet the coverage requirements and
no BPA infrastructure exists in close proximity to the subject property. Locating on an existing
broadcast, relay or transmission tower (prioritized location 2) would not provide satisfactory in store
coverage for Walmart customers; additionally, the nearest towers are approximately 1.07 miles and 1.53
miles from the proposed location. Locating the site on institutional structures (prioritized location 3) that
includes City Hall, water towers, utility structures, churches, and fire stations. Staff finds the applicant has
met the burden to utilize the fourth prioritized location. The proposed antennas should improve service
coverage in the desired commercial/store area.
16-105827-00-UP Doc. I.D. 75165
Ms. Mekkers
February 24, 2017
Page 2 of 3
4. Egupment Cabinets/Screening— The applicant proposes to locate two ground equipment cabinets on
concrete slabs on the building facade. Pursuant to FWRC 19.225.020(4)(b), required screening may be
located anywhere between the enclosure and any street and/or adjacent properties in order to obscure
viewpoints. The cabinets will be located between the rear of the building and Type III perimeter
landscaping along South 344th Street. The equipment cabinet is enclosed by painted metal, will be
obscured by freight trucks throughout the day, and faces the building on one side. The perimeter
landscaping and service door fencing will block views of the equipment from the street and neighboring
properties; therefore, no additional screening is required. The proposal is consistent with minimum
equipment enclosure and equipment enclosure screening requirements.
5. Antenna Screening— The applicant proposes to install antenna screening techniques compliant with FWRC
19.255.020(3) through the use of shroud coverings finished to match the existing building; and shield
antennas from public views from rights -of -way and property -lines. The proposal is consistent within
minimum screening requirements.
6. Cumulative E, ffects — The city must consider the cumulative visual effects of PWSFs mounted on existing
structures and/or located on a given permitted site in determining whether additional permits may be
granted so as to not adversely affect the visual character of the city. As shown on the site plan, elevations,
and photo simulations, the addition of antennas and associated equipment are not a substantial increase
to the existing site. The PWSF will not adversely affect the visual character of the city and the planned
height increase does not exceed the existing parapet and meets the development standards of FWRC
19.255.020.
Facility Si.Ze — The proposed facility exceeds microcell and minor facility thresholds defined in FWRC
19.05.130, "M definitions." Per FWRC 19.255.020(1)(a)(ii), facilities exceeding such thresholds may be
permitted if: (A) adverse visual impacts are not created; (B) equipment cabinets meet adopted
development standards; (C) the number of antennas and their size are appropriate for the location,
surrounding environment, and potential visual impacts; and (D) the PWSF shall comply with all other
applicable standards of the FWRC. The proposal is consistent with this code section.
8. State Environmental Policy Act (SEPA) — The proposed improvements are exempt from State Environmental
Policy Act review as the scope of work meets categorical exemption of WAC 197-11-800(25)(a)(ii): the
siting project involves constructing a wireless service tower less than 60 feet in height that is located in a
commercial, industrial, manufacturing, forest, or agricultural zone. The subject property is located in a
commercial use zone.
9. Process I Thresholds— The proposed improvements meet Process I purpose criteria set forth in FWRC
19.55.020 and 19.15.030; including compliance with applicable provisions of FWRC Title 19, "Zoning
and Development Code," and health, safety, and welfare standards.
Permit Issuance Required
No work may begin until the building permit is issued. The applicant has submitted building permit number
17-100135-00-CO to the city. A separate electrical permit will be required. Please contact the Permit Center at
253-835-2607, or permitcenter@cityoffederalway.com, if you have any questions regarding the building or
electrical permits.
File 416-105827-00-UP Doc. I.D. 75165
Ms. Mekkers
February 24, 2017
Page 3 of 3
Closing
This decision shall not waive compliance with future City of Federal Way codes, policies, and standards
relating to this site. This Process I approval does not constitute approval of a building or electrical permit.
The Effective date of this decision is February 27, 2017, three days from the date of this letter, per FWRC
19.05.360. Pursuant to FWRC 19.55.050, the applicant, any person who submitted written comments or
information, any person who has specifically requested a copy of the decision, or the city may appeal the
decision to the Federal Way Hearing Examiner by March 13, 2017 (14 days). 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.
This Process I approval is valid for one year from the effective date of this decision. If no further action is
taken within one year, this decision will expire. A one-year extension of time may be granted only if a written
request is submitted to the city's Community Development Department at least 30 days prior to the
expiration of the decision.
If you have any questions regarding this decision, please contact Associate Planner Leila Willoughby -Oakes at
253-835-2644, or leila.witlaughb► -[ akes�a],citvoffederalw v-com.
Sincerely,
Brian Davis
Community Development Director
enc: Approved Plans
c: Leila Willoughby -Oakes, Associate Planner
Peter Lawrence, Plans Examiner
David Hess, Wal-Mart Wireless Field Operations, dayc .
Michael Cunningham, Verizon Wireless, 3245 15801 Avenue SE; Bellevue, WA, is n 'n n2 tL nwirel ss.r m
Doc. I.D. 75165
File #1 G-105827-00-UP
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RECEIVED
DEC 0 8 2016
7Y OF FEDERAL WAY
Application for: CDS
Process I Personal Wireless Service Faciaity
Wal-Mart Retail Store
34520 16t" Avenue South
Federal Way, WA
GENERAL INFORMATION
Applicant:
Representative:
Property Owner:
Site address:
Tax parcel:
Zoning:
Verizon Wireless
Black Rock Consulting
Sophia Mekkers
174 Link Court
Newberg, OR 97132
503.380.1564
soph i blk-rock.com
Wal-Mart
2001 SE 10th Street
Bentonville, AR 72716-5525
479-273-4682
34520 16th Avenue South
Federal Way, WA 98003
092104-9125-03
CE
Background narrative
Wal-Mart currently occupies a retail store location at 34520 16th Avenue South in Federal Way. To
ensure that customers in the retail store experience optimum service during their retail experience,
Verizon Wireless seeks to install small cell antennas to the exterior of the retail store building. All of the
small cell antennas will be screened behind a FRP shroud, designed to match the exterior of building.
Fiber coax will run from the antennas to two equipment cabinets, located at grade and behind the store
adjacent to a loading dock.
Decision Criteria
The City of Federal Way sets forth the approval criteria for Personal Wireless Service Facility applications
in Chapter 19.255 of the Federal Way Revised Code:
19.255.010 Personal wireless service facilities (PWSF)
(4) Prioritized locations. The following sites shall be the required order of locations for proposed PWSFs,
including antenna and equipment shelters. In proposing a PWSF in a particular location, the applicant
shall analyze the feasibility of locating the proposed PWSF in each of the higher priority locations and
document, to the city's satisfaction, why locating the PWSF in each higher priority location and/or zone
is not being proposed. In order of preference, the prioritized locations for PWSFs are as follows:
(a) Structures located in the BPA trail. A PWSF may be located on any existing support structure
currently located in the easement upon which are located U.S. Department of Energy/ Bonneville Power
Administration ("BPA") Power Lines regardless of underlying zoning.
Response:
There are no BPA power lines within the vicinity of the site.
(b) Existing broadcast, relay and transmission towers. A PWSF may be located on an existing site or
tower where a legal wireless telecommunication facility is currently located regardless of underlying
zoning. If an existing site or tower is located within a one -mile radius of a proposed PWSF location, the
applicant shall document why collocation on the existing site or tower is not being proposed, regardless
of whether the existing site or tower is located within the jurisdiction of the city.
Response:
There are two existing towers within a two-mile radius of the proposed site:
1. Verizon tower located 1.07 miles from the proposed location
47.3053/-122.3023
This is Verizon's existing site "CeeJay." Per the RF designer's statement, the site is already
exhausted and would not provide good coverage to the south at the Wal-Mart location. Please
see the included RF justification and propagation maps.
Weyerhaeuser radio tower located 1.53 miles from the proposed location
47.3068/-122.2937
This tower is not located close enough to the Wal-Mart to provide coverage. Please see the
included RF justification statement and propagation maps.
(c) Institutional structures. If the city, institutional uses, or other public agency consents to such location,
a PWSF may be located on existing structures, such as water towers, utility structures, fire stations,
bridges, churches, schools and other public buildings within all zoning districts, provided the public
facilities are not located within public rights -of -way.
Response:
There are no existing institutional structures that could provide adequate coverage to the mall.
(d) Appropriate zoning districts. A PWSF may be located on private buildings or structures within
nonresidential zoning districts as allowed by the zoning chart.
Response:
This proposal is to locate antennas on a private building in a non-residential district, and allowed
pursuant to the zoning chart.
19.255.020 Development standards.
The following development standards shall be followed in the design, siting, and construction of a
personal wireless service facility:
(1) Building- or structure -mounted PWSFs on existing buildings or structures in or out of the public right-
of-way. PWSFs mounted on existing buildings and structures shall conform to the following
development standards:
(a) The PWSF shall consist only of the following types of facilities:
(i) A microcell or a minor facility; or
(ii) A PWSF that exceeds the minor facility thresholds for number of antennas, dimensions, and/or area,
but creates no more adverse impacts than a minor facility, as determined by the director of community
development services, subject to meeting all of the following standards:
(A) The facility shall not create substantially more adverse visual impact than a minor facility; and
(B) The equipment cabinet for the PWSF shall meet all requirements of subsection (4) of this section;
and
(C) The maximum size of the PWSF panels and number of antennas shall be determined by the director
of community development services, based on the specific project location, surrounding environment,
and potential visual impacts; and
(D) The PWSF shall comply with all other applicable standards of the Federal Way Revised Code.
Response:
This proposal meets the above criteria as it pertains to building/structure PWSFs on existing buildings.
(b) The combined antennas and supporting structure may extend up to, but not exceed, 15 feet above
the existing or proposed roof or other structure regardless of whether the existing structure is in
conformance with the existing maximum height of the underlying zone as outlined in the use zone
charts, FWRC Title 19, Division VI, Zoning Regulations. Antennas may be mounted to rooftop
appurtenances, as identified in FWRC 19.110.070, provided they do not extend beyond 15 feet above
the maximum height of the structure as defined per FWRC 19.05.080, H definitions.
Response:
As shown on the submitted plans, the antennas will not exceed 15 feet above the existing roof.
(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. The maximum allowable height of the new structure with the PWSF
antennas shall be determined by the director of community development services, depending upon the
antenna type, design, location on the structure, and the proposed method of attachment. An existing
structure can be increased in height only once per a 12-month period. Any structure, whether a new or
replacement structure, located in a public right-of-way must be similar in terms of size (except height),
shape, color, material, and location to the existing and surrounding structures, as determined by the
director of community development services. The antenna extension may be permitted regardless of
whether the existing structure is in conformance with the maximum height of the underlying zone as
outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations.
Response:
The proposed development is not in the right-of-way.
(d) The antennas are mounted on the building or structure such that they are located and designed to
minimize visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest
extent practical, blend into the existing environment pursuant to subsection (3) of this section. Panel
and parabolic antennas shall be screened from residential views and public rights -of -way unless meeting
the provision of FWRC 19.110.070(2)(b).
Response:
The proposed antennas will be located on the exterior of the building, screened behind a FRP wall
designed to match the existing building.
(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:
The size and number of antennas proposed are the minimum required by the RF designer.
(f) Required setbacks shall not pertain to PWSFs within public rights -of -way. Within residential zones,
equipment enclosures, and buildings to house equipment cabinets located above ground on properties
adjacent to the public right-of-way shall meet all applicable setback requirements for residential
development of the underlying zone. For developed sites in nonresidential zones, the setback
requirements for the equipment enclosure shall be those of the principal use of the subject property.
For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure
shall be 20 feet for front, side, and rear yards.
Response:
Two above ground equipment cabinets are proposed to be located behind the store, in a loading dock
area. This site is a developed site, in a nonresidential zone. The equipment cabinets do not extend beyond
the existing setbacks of the Wal-Mart store.
(2) New freestanding PWSFs. All requirements of the associated land use zoning charts must be met.
Additionally, these structures shall conform to the following site development standards:
(a) Placement of a freestanding PWSF shall be denied if placement of the antennas on an existing
structure can meet the applicant's technical and network location requirements.
(b) Monopoles shall be the only freestanding structures allowed in the city; except that a lattice tower
may be used to accommodate the collocation of four or more providers as part of a joint permit
application.
(c) In no case shall a freestanding PWSF be located closer than 500 feet to an existing freestanding PWSF
whether it is owned or utilized by the applicant or another provider.
(d) A freestanding PWSF, including the support structure and associated electronic equipment, shall
comply with all required setbacks of the zoning district in which it is located. For developed sites, the
setback requirements shall be those of the principal use of the subject property. For undeveloped sites,
the setback requirements for new freestanding PWSFs shall be 20 feet for front, side, and rear yards.
(e) Freestanding PWSFs shall be designed and placed on the site in a manner that takes maximum
advantage of existing trees, mature vegetation, and structures so as to:
(i) Use existing site features to screen as much of the total PWSF as possible from prevalent views;
and/or
(ii) Use existing site features as a background so that the total PWSF blends into the background with
increased distances.
(f) In reviewing the proposed placement of a facility on the site and any associated landscaping, the city
may condition the application to supplement existing trees and mature vegetation to more effectively
screen the facility.
Response:
A free-standing PWSF is not proposed.
(g) Support structures, antennas, and any associated hardware shall be camouflaged to blend in
harmoniously within the existing site through the use of faux -structural designs, or when not
technologically or aesthetically feasible, painted in a nonreflective color scheme appropriate to the
background against which the PWSF would be viewed from a majority of points within its viewshed. The
proposed color or color scheme shall be approved by the hearing examiner or director of community
development services.
Response:
A support structure is not proposed.
(3) Screening standards for all PWSFs. PWSFs shall be screened or camouflaged through employing the
best available technology and design, as determined by the city. This may be accomplished by use of
compatible materials, location, landscaping, color, stealth techniques such as, but not limited to,
artificial trees and hollow flag poles, and/or other methods or techniques to achieve minimum visibility
of the facility as viewed from public streets or residential properties. In addition, the provisions for
landscaping as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations, shall
apply.
Response:
The antennas on the rooftop will be screened from view by a FRP shroud, designed to blend with the
existing exterior of the existing building.
(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.
(b) Equipment enclosures shall be screened with one or a combination of the following methods, which
shall be acceptable to the city: fencing, walls, landscaping, structures, buildings or topography which will
block the view of the equipment enclosure to the greatest extent possible from any street and/or
adjacent properties, as determined by the director of community development services. Screening may
be located anywhere between the enclosure and the above -mentioned viewpoints. Landscaping for the
purposes of screening shall be maintained in a healthy condition, pursuant to FWRC 19.125.090(2).
(c) If the equipment cabinet is located within a new enclosed building, the building shall conform to all
applicable development standards and design guidelines for the underlying zone. The enclosed building
shall be architecturally designed and shall be compatible with existing buildings on the site. The
enclosed building shall be screened to the greatest extent possible from any street and/or adjacent
properties by landscaping and/or topography.
Response:
The electronic equipment cabinets associated with the small cell antennas will be placed above grade,
and located behind the retail building, adjacent to a loading dock area. The existing building will screen
the cabinets from view. Additionally, the equipment cabinets will be painted to match the exterior of the
Wal-Mart building to allow them to blend into the existing building. Structural calculations and
attachment detail will be provided to the City as part of the building permit review.
(5) Standards for equipment enclosures.
(a) Electronic equipment enclosures shall not be allowed within the right-of-way.
(b) In residential zones, equipment enclosures located above ground on properties adjacent to the
public right-of-way shall meet all applicable setback requirements for residential development of the
underlying zone. For developed sites in nonresidential zones, the setback requirements for the
equipment enclosure shall be those of the principal use of the subject property. For undeveloped sites in
nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front,
side, and rear yards. However, for undeveloped sites in nonresidential zones, if the applicant can
demonstrate that the equipment enclosure can blend in harmoniously with the existing site and
complement the landscape buffer requirements of the underlying zone, as determined appropriate by
the director of community development services, the equipment enclosure can be located inside of the
20-foot setback but outside of the required landscaping buffer of the underlying zone.
(c) Equipment enclosures shall be designed, located, and screened to minimize adverse visual impacts
from the public right-of-way and adjacent properties.
(d) Equipment enclosures shall be designed, located, and screened to minimize adverse visual and
functional impacts on the pedestrian environment.
(e) Equipment enclosures and screening shall not adversely impact vehicular sight distance.
Response:
The electronic equipment cabinets associated with the small cell antennas will not be located in the right
of way. The site is a developed site in a non-residential area. The cabinets meet the existing setback of
the principal use of the subject property — a Wal-Mart retail store. The cabinets will be located behind
the retail store, in a loading dock area, to screen the cabinets and minimize any adverse visual impact
from the public right of way and adjacent properties, and to minimize any adverse visual and functional
impacts on the pedestrian environment. The location of the equipment cabinets will not adversely impact
vehicular sight distance.
(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:
No security fencing is required or proposed.
(7) Cumulative effects. The city shall consider the cumulative visual effects of PWSFs mounted on
existing structures and/or located on a given permitted site in determining whether additional permits
may be granted so as to not adversely affect the visual character of the city.
Response:
Verizon will comply with any additional requirements determined by the City.
(8) Signage. No wireless equipment shall be used for the purpose of mounting signs or message displays
of any kind, except for small signs used for identification, hazard warning, and name of provider.
Response:
No signage, other than that required by the FCC, will be posted at the site.
(9) Use zone charts, height and permit process.
(a) The final approval authority for applications made under this section shall be defined by the
appropriate permit process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning
Regulations.
(b) Allowed heights shall be established relative to appropriate process as outlined in the use zone
charts, FWRC Title 19, Division VI, Zoning Regulations.
(Ord. No. 09-633, § 4, 11-17-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 01-399, § 3, 8-7-01; Ord.
No. 00-363, § 14, 1-4-00; Ord. No. 97-300, § 3, 9-16-97. Code 2001 § 22-967.)
Response:
This proposal, for antennas on an existing structure, located in the CE zone, is in compliance with the
FWRC standards. As shown on the plans, the antennas and shroud will not extend more than 15 feet
above the roof of the building.
19.255.030 Nonconformance.
Permit applications made under this section to locate a PWSF on property on which a nonconformance
is located shall be exempt from the requirements of Chapter 19.30 FWRC, Nonconformance, to bring the
property into conformance as follows:
(1) To provide the public improvements required by Chapter 19.135 FWRC, Development
Improvements, as stipulated in FWRC19.30.110.
(2) To bring the property into conformance with the development regulations prescribed in FWRC
Title 16 relating to water quality as stipulated in FWRC 19.30.120(1)(g). All other requirements of
FWRC 19.30.120 to bring the property into conformance with the development regulations prescribed in
FWRC Title 16 relating to water quality shall apply.
(Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 00-363, § 14, 1-4-00; Ord. No. 97-300, § 3, 9-16-97. Code
2001 § 22-968.)
Response:
The applicant is not aware of any non -conforming uses at the proposed location.
19.255.040 Temporary personal wireless service facilities.
As determined by the director of community development services, a temporary personal wireless
service facility, or cell -on -wheels, may be deployed and operated as follows:
(1) For a period of 90 days during the construction of a freestanding PWSF which has been approved
through the appropriate permit process; provided, that the temporary personal wireless service facility
or cell -on -wheels creates no more adverse impacts than the PWSF which was approved through the
appropriate permit process. Only one temporary personal wireless service facility or cell -on -wheels shall
be permitted for a single site.
(2) For a period of time determined to be appropriate by the director of community development
services, during an emergency declared by the city, state, or federal government that has caused a
freestanding PWSF which has been approved through the appropriate permit process to become
involuntarily nonoperational; provided, that the temporary personal wireless service facility or cell -on -
wheels creates no more adverse impacts than the PWSF which was approved through the appropriate
permit process.
(3) Prior to installation of the temporary PWSF, the applicant shall provide the city with a cash bond in
an amount to be determined by the director of community development services in order to guarantee
performance of future removal and restoration of the site.
(Ord. No. 09-633, § 5, 11-17-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 00-363, § 14, 1-4-00;
Ord. No. 97-300, § 3, 9-16-97. Code 2001 § 22-969.)
Response:
A temporary personal wireless service facility is not proposed.
19.255.050 Application requirements.
(1) Except for temporary personal wireless facilities, permit applications made under this section shall
include the following minimum information in addition to that required for the underlying permit review
process:
(a) A diagram or map showing the primary viewshed of the proposed facility.
(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.
(c) Architectural elevations of proposed facility and site.
(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.
(e) An inventory of other PWSF sites operated by the applicant or other providers within a one -mile
radius of the proposed PWSF location.
(f) A site/landscaping plan showing the specific placement of the PWSF on the site; showing the location
of existing structures, trees, and other significant site features; and indicating type and locations of plant
materials used to screen PWSF components.
(g) If the PWSF electronic equipment cabinet is proposed to be located above ground, an explanation of
why it is impracticable to locate the cabinet underground.
(h) Documentation of efforts to collocate on existing facilities.
(i) The city may require the applicant, at the applicant's expense, to provide any additional information,
mapping, studies, materials, inspections, or reviews that are reasonably necessary to implement this
chapter and to require that such information, studies, mapping, materials, inspections, and reviews be
reviewed by a qualified professional under contract to the city, also at the applicant's expense.
Response:
This application, as submitted, contains items (a) through (i), as applicable. Verizon will comply with any
requests for additional information, mapping, studies, materials, inspections, or reviews reasonably
necessary for consideration of this proposal.
(2) Permit applications for temporary personal wireless service facilities shall include the following
minimum information:
(a) Documentation of previously permitted facility.
(b) Site plan showing proposed location of temporary facility in relationship to the location of the
previously permitted facility and property boundaries, including dimensions from the property lines and
height of proposed facility.
(c) Photographs of the proposed facility.
(Ord. No. 09-633, § 6, 11-17-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 01-399, § 3, 8-7-01; Ord.
No. 00-363, § 14, 1-4-00; Ord. No. 97-300, § 3, 9-16-97. Code 2001 § 22-970.)
Response:
A temporary personal wireless service facility is not proposed.
19.255.060 Collocation.
(1) A permittee shall cooperate with other PWSF providers in collocating additional antennas on support
structures and/or on existing buildings and sites, provided said proposed collocatees have received a
permit for such use at said site from the city. A permittee shall allow other providers to collocate and
share the permitted site, provided such shared use does not give rise to a substantial technical level
impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event
a dispute arises as to whether a permittee has exercised good faith in accommodating a new applicant,
the city may require a third party technical study at the expense of the permittee. Failure to comply with
this provision may result in a revocation of the permit.
(2) A signed statement indicating that the applicant agrees to allow for the potential collocation of
additional PWSF equipment by other providers on the applicant's structure or within the same site
location shall be submitted by the applicant as part of the permit application. If an applicant contends
that future collocation is not possible on their site, they must submit a technical study documenting
why.
(3) Collocation requirements shall not apply to PWSFs located on existing structures in appropriate
public rights -of -way within residential zones, neighborhood business (BN) zones and professional office
(PO) zones.
(Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 00-363, § 14, 1-4-00; Ord. No. 97-300, § 3, 9-16-97. Code
2001 § 22-971.)
Response:
If the property owner agrees to allow another PWSF provider to co -locate on the building structure,
Verizon Wireless will cooperate with said proposed co-locatee.
19.255.070 Removal of facility.
(1) Abandonment and removal. The owner or operator of a PWSF shall provide the city with a copy of
the notice of intent to cease operations required by the FCC at the time it is submitted to the FCC.
Additionally, the owner or operator of a PWSF shall notify the city in writing of the abandonment of a
particular facility within 30 days of the date the PWSF is abandoned. The abandoned PWSF shall be
removed by the facility owner within 90 days of the date the PWSF is abandoned, the permit is revoked,
or if the facility falls into disrepair and is not maintained, as determined by the city. Disrepair includes
structural features, paint, landscaping, or general lack of maintenance which could result in adverse
safety or visual impacts. If there are two or more users of a single tower, then the city's right to remove
the tower shall not become effective until all users abandon the tower.
Response:
Verizon Wireless shall provide the city with a copy of the notice of intent to cease operations required by
the FCC at the time it is submitted to the FCC. Additionally, Verizon Wireless will notify the city in writing
of the abandonment of the facility within 30 days of the date the PWSF is abandoned. The abandoned
PWSF will be removed within 90 days of the date the PWSF is abandoned, the permit is revoked, or if the
facility falls into disrepair and is not maintained, as determined by the city.
Conclusion
The Verizon Wireless proposed Personal Wireless Service Facility meets all of the approval criteria as set
forth in the Federal Way Revised Code. Accordingly, we respectfully request approval of this proposal.
■ Reason for the facility
The Walmart at South Federal Way is a very busy area with high traffic. Our existing sites are out of capacity and we
are getting customer complaints from here due to slow speeds and poor service. The map below is the time map
which shows real time data from the field. The time map is essentially the average speeds experienced by our
customers over the volume of data they use. The Red bins essentially show all the high time bins which means that in
these areas our existing sites are not able to keep up with the demand of the customers. They are exhausted of their
resources and are not able to provide for the demand and thereby customers experiencing slow speeds on their
phones and unreliable coverage. Due to this reason we are proposing this small cell site — Brook Lake to provide extra
capacity to the high density traffic area to offload our existing sites, so that our customers can get a good user
experience.
Red (areas where existing sites are not able to keep up with demand) -> Blue (existing sites can provide good service
for the demand it is getting)
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■ Explanation of why the service cannot be provided by, or with colocation on, the following towers:
The propagation maps that follow show three levels of service, designated as the following colors:
Green >_ -85 dBm, a level of service adequate for providing reliable coverage inside a
building and outside. Users will experience seamless calls and high speeds while using
any data applications on their phones.
Yellow <_ -85 dBm & >_ -95 dBm, average to poor coverage, users will experience
average -slow data speeds.
Blue <_ -105 dBm, very poor unreliable signal strength, may not be able to make calls
and no data usage.
This is propagation map in this area with our existing exhausted sites:
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near the mall:
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Verizon tower located 1.07 miles from the retail location
Tower is 125'
47.3053/-122.3023
This is our existing site Ceejay which is already exhausted and doesn't provide good coverage to the south at
the Walmart shopping area.
r-) /`-)
Weyerhaeuser radio tower located 1.53 miles from the retail location
Tower is 78'
47.3068/-122.2937
This is not close to the shopping area where all our traffic is and hence will not provide coverage at the
shopping complexes around Walmart.
Explanation of why the maximum size and number of antennas is the minimum size necessary.
We are pointing our antennas in 3 directions to cover the capacity needs - North, South & West. So we need
minimum (3) directional antennas to point the RF signal in these 3 directions. We are doing (2) bands -1900 & AWS
in each of these directions. We were able to combine the (2) bands into (1) antenna thereby reducing (2) antennas to
(1) antenna per direction/sector. The antennas in the design are the HTXCWW4513F000 which is only about 2' in
length and 1' in width. This is the smallest antenna that our antenna vendor does for dual band (1900 & AWS).
Antennas need to be at minimum 2' in length to accommodate all the elements that is actually needed to provide the
directionality and gain to the antennas so that more energy is concentrated to the area that we specifically target.
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z- 1 A —1 v er l —11
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL
DATE: December 12, 2016
TO: Cole Elliott, Development Services Manager
Peter Lawrence, Plans Examiner
Vince Faranda, South King Fire & Rescue
FROM: Leila Willoughby -Oakes, Planning
FOR DRC MTG. ON: Please email Leila comments/ email when complete in Amanda
FILE NUMBER(s): 16-105827-00-UP (Land Use Process I)
Pending Commercial Building Permit Submittal
PROJECT NAME: WALMART SMALL CELL (BROOK LAKE)
PROJECT ADDRESS: 34520 16TH AVE S
ZONING DISTRICT: CE (Commercial Enterprise)
PROJECT DESCRIPTION: The small cell antennas will be screened behind a FRP
shroud (appears to be the top of the Walmart
building), designed to match the exterior of the
retail store building. Fiber coax will run from the
antennas to two equipment cab'nets, located at grade
and behind the store adjacen to a loading dock.
PROJECT CONTACT: Black Rock Consulting I
Sophia Mekkers
174 Link Court
Newberg, OR 97132
503-380-1564
Email: Sophia@blk-rock.com
MATERIALS SUBMITTED: Narrative
Title Report
Plan S e t
Site Photographs
Application Form 1 ��
Proposed Site Plan Gi�WJ
w��
CITY OF �-
Federal Way
APPLICATION NO(s)
RECEIVED
DEC 0 8 2016
CM of FEpEPAL. WAY
ims
MASTER LAND USE APPLICATION
DEPARTMENT OF COMMUNITY DEVELOPMENT
33325 8`h Avenue South
Federal Way, WA 98003-6325
253-835-2607;Fax 253-835-2609
www.ci ❑ffedetalway com
b - I D5�32i - 00 --(A�"
Project Name `' ' `—� ` ' a t —
Property Address/Location _� 20 l LP-w' (:�` e' ` L� v
Parcel Numbers) 2 1 2 t O 4" q C[ O
Date '
Project Description ���� ectl an-� n �e h (n i.
pO C o a�/ -pro m 9-p+en n a5 to
i vo eqw p m en-� Cab[ n c-i5 a-� (9 CaoliD.
LA r, ricuq i -
Type of Permit Required
Annexation
Binding Site Plan
Boundary Line Adjustment
Comp Plan/Rezone
Land Surface Modification
Lot Line Elimination
Preapplication Conference
Process I (Director's Approval)
Process TI (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
_ (I E Zoning Designation
Com1p;&hensiyp Plan Designation
Value of Existing Improvements
20, 000 Value of Proposed Improvements
International Building Code (TBC):
Occupancy Type
v' Construction Type
Bulletin #003 —January 1, 2011
Applicant
Name: 11 yi 2o n 'i ,n
! Oez
Address: 324-5
Citylstate: 'Be- 11 C1f Ulf", W R a 9CO S
Zip:
Phone: F}
Fax: I\[ [
Email: N l R
Signature: t4 A
Agent (ifdi{iemnt than Applicant)
C I i L� L
a, otOI r�
Name: � V)1a9- W r5
Address: -,� �[ V- Co[fir} i
City/State: , r9� rQ i Q Q +132
Zip: VV L ,�
Phone:
Fax: f
Email: �QP� a
Signature(Sq�
Owner
Narnc: va I - "a i+
Address: 2C O I t5e- LC ` -
CitylState: � nio nv 115 + 1 �
zip: -42 1 Lp - 5525
Phone: 4-::iq 2-q3 - qLP$Z
Fax: —
Email: —
Signature:
Page 1 of 1
lc\Handouts\Master Land Use Application
SUBDIVISION
DIVE
Guarantee/Certificate Number:
Issued By. DEC 0 8 2016
1411E Fidelity National Title 611124824
Inxuvance Company CM OF FEDERAL. WAY
CDS
FIDELITY NATIONAL TITLE INSURANCE COMPANY
a corporation, herein called the Company
GUARANTEES
Fidelity National Title
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.
Fidelity National Title Company of Washington
3500 188th St. SW, Suite 300
Lynnwood, WA 98037
Countersigned By:
SEAL';
Authorized Officer or Agent
Subdivision Guarantee/Certificate
Page 1
Fidelity National Title Insurance Company
By:
President
Attest:
Secretary
Printed: 04.06.16 @ 11:07 AM
W A-FT-FTMA-01530.610051-S P S-1-16-611124824
FIDELITY NATIONAL TITLE INSURANCE COMPANY
GUARANTEE/CERTIFICATE NO. 611124824
ISSUING OFFICE:
Title Officer. Bill Fisher / Mike McCarthy / Terry Sarver
Fidelity National Title Company of Washington
3500 188th St. SW, Suite 300
Lynnwood, WA 98037
Phone: (425)771-3031
Main Phone: (425)771-3031
Email: Unit2C fnf.com
SCHEDULE A
Liability
Premium
Tax
$1, 000.00
$500.00
$47.50
Effective Date: March 28, 2016 at 08:00 AM
The assurances referred to on the face page are:
That, according to those public records which, under the recording laws, impart constructive notice of matter relative to
the following described property:
For APN/Parcel ID(s): 092104-9125-03
Lot 5, City of Federal Way Boundary Line Adjustment No. BLA 97-0008, recorded under recording no.
9801089005, in King County, Washington;
Except that portion thereof conveyed to the City of Federal Way by deed recorded under recording no.
9809171649.
Title to said real property is vested in:
Wal-Mart Real Estate Business Trust
subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their
priority.
END OF SCHEDULE A
Guarantee/Certificate Printed: 04.06.16 @ 11:07 AM
Page 2 WA-FT-FTMA-01530.610051-SPS-1-16-611124824
I /
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 611124824
SCHEDULE B
GENERAL EXCEPTIONS
H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof.
Subdivision Guarantee/Certificate Printed: 04.06.16 @ 11:07 AM
Page 3 WA-FT-FTMA-01530.610051-SPS-1-16-611124624
FIDELITY NATIONAL TITLE INSURANCE COMPANY
SCHEDULE B
(continued)
SPECIAL EXCEPTIONS
GUARANTEE/CERTIFICATE NO. 611124824
Easement(s) for the purpose(s) shown below and rights incidental thereto, as reserved in a document:
Purpose: Road
Recording Date: December 18, 1959
Recording No.: 5113881
Affects: A portion of said premises
Said easement reservation also is set forth in document recorded under recording no. 7803220395.
Said easement also is delineated and/or dedicated on the face of the boundary line adjustment.
Note: Certain easement rights held pursuant to said document(s) were released by easement agreements
recorded under recording nos. 9801081046 and 9801081047.
2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Purpose: Road
Recording Date: December 18, 1959
Recording No.: 5113882
Affects: Portions of said premises
Said easement also is delineated and/or dedicated on the face of the boundary line adjustment.
Note: Certain easement rights held pursuant to said document were released by easement agreements recorded
under recording nos. 9801081046 and 9801081047.
3. Agreement, and the terms and conditions thereof:
Between: Washington Natural Gas Company, a Delaware corporation
And: Federal Shopping Way, Inc., a Washington corporation, et al
Recording Date: October 20, 1965
Recording No.: 5943170
Regarding: Ownership and maintenance of natural gas pipelines and facilities
4. 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 King
County Short Plat No. 1280064:
Recording No: 8105150882
Said short plat also appears of record under recording number 8105010947.
Subdivision Guarantee/Certificate Printed: 04.06.16 @ 11:07 AM
Page 4 WA-FT-FTMA-01530.610051-SPS-1-16-611124824
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 611124824
SCHEDULE B
(continued)
5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as reserved in a document:
Purpose: Ingress and egress
Recording Date: October 6, 1981
Recording No.: 8110060437
Affects: A portion of said premises
Said easement reservation also is set forth in documents recorded under recording nos. 8208160348 and
8309220822.
Said easement also is delineated and/or dedicated on the face of the boundary line adjustment.
Note: Certain easement rights held pursuant to said document(s) were released by easement agreements
recorded under recording nos. 9801081046 and 9801081047.
6. Covenant to bear part or all of the cost of construction, repair or maintenance of easement granted over adjacent
property:
Purpose of Easement: Ingress and egress
Recording No.: 8110160557
Agreement, and the terms and conditions thereof:
Between: BCE Development, Inc.
And: Federal Way Water and Sewer District, a municipal corporation
Recording Date: July 2, 1987
Recording No.: 8707021445
Regarding: Construction of certain water mains and sewer mains and appurtenances; payment of costs
related thereto
Modification(s) of said agreement by amendment thereto:
Recording Date: November 17, 1987
Recording No.: 8711170808
Modification(s) of said agreement by amendment thereto:
Recording Date: September 26, 1988
Recording No.: 8809260895
Note: The lien created by paragraph 28 of said agreement was satisfied and released by instrument recorded
under recording no. 8903100616.
Subdivision Guaran[eelCeriifira[a Printed: 04.06.16 @ 11:07fffl
Page 5 WA-FT-FTMA-01530.610051-SPS-1-16-611124824
FIDELITY NATIONAL TITLE INSURANCE COMPANY
GUARANTEE/CERTIFICATE NO. 611124824
SCHEDULE B
(continued)
8. Agreement, and the terms and conditions thereof:
Between: Andrew C. Cratsenberg and Luetta M. Cratsenberg
And: F.W. Realty Investors, Inc., a wholly owned subsidiary of Puget Sound Savings Bank, a
Washington corporation
Recording Date: October 28, 1988
Recording No.: 8810281313
Regarding: Provisions related to encroachment of asphalt pavement and any rights claimed by reason of
adverse possession
Agreement, and the terms and conditions thereof:
Between: Super Value Stores, Inc.
And: Federal Way Water and Sewer District, a municipal corporation
Recording Date: February 7, 1989
Recording No.: 8902070798
Regarding: Construction of certain water mains and sewer mains and appurtenances; payment of costs
related thereto
Modification(s) of said agreement by amendment thereto:
Recording Date: March 15, 1990
Recording No.: 9003150770
Note: The lien created by paragraph 24 of said agreement was satisfied and released by instrument recorded
under recording no. 9203182173.
10. Declaration of Covenant associated with Multi-Family/Commercial Retention/Detention Facilities as provided in
new Section 10 of Ordinance 4938:
Recording Date: April 3, 1989
Recording No.: 8904030760
Modification(s) of said declaration of covenant by amendment thereto
Recording Date:
October 8, 1991
Recording No.:
9110081217
11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
King County
Purpose:
Drainage facility
Recording Date:
August 24, 1989
Recording No.:
8908240366
Affects:
A portion of said premises
Sut>dwls'ian GuaranleelCertifcate Printed: D4.06.16 @ 11:07 AM
Page 6 WA-FT-FTMA-01 530.610051-SPS-1-1 6-611124824
FIDELITY NATIONAL TITLE INSURANCE COMPANY
GUARANTEE/CERTIFICATE NO. 611124824
SCHEDULE B
(continued)
12. 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 King
County Lot Line Adjustment No. 8804005:
Recording No: 9001190211
13. 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 King
County Lot Line Adjustment No. S89M0146:
Recording No: 9003080685
14. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Puget Sound Power & Light Company, a Washington corporation
Purpose: Underground electric transmission and/or distribution system together with all necessary or
convenient appurtenances
Recording Date: July 28, 1992
Recording No.: 9207280780
Affects: A portion of said premises
Note: Acccording to recital contained in said document, Puget Sound Power & Light Company abandoned and
released all rights acquired by easement recorded under recording no. 8102200410.
15. Reciprocal Easement Agreement, and the terms, conditions, provisions and restrictions contained therein:
Between: Supervalu Holdings, Inc., a Missouri corporation
And: Briar Development Company, a Washington general partnership
Recording Date: August 17, 1995
Recording No.: 9508170721
Modification(s) of said reciprocal easement agreement by first amendment thereto:
Recording Date: January 8, 1998
Recording No.: 9801081051
16. 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. 97-0008:
Recording No: 9801089005
Subdivision Guarantee/Certificate Printed: 04.06.16 @ 11:07 AM
Page 7 WA-FT-FTMA-01 530.610051-SPS-1-1 6-611124824
FIDELITY NATIONAL TITLE INSURANCE COMPANY
SCHEDULE B
(continued)
17. Agreement, and the terms and conditions thereof:
GUARANTEE/CERTIFICATE NO. 611124824
Between: Wal-Mart Stores, Inc.
And: Lakehaven Utility District, a municipal corporation
Recording Date: July 10, 1998
Recording No.: 9807101736
Regarding: Construction of certain sewer and water mains and appurtenances; payment of costs related
thereto
Modification(s) of said agreement by instrument:
Recording Date: October 5, 1999
Recording No.: 19991005000309
Note: The lien created by paragraph 26 of said agreement was satisfied and released by instrument recorded
under recording no. 20000906001118.
18. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Federal Way School District
Purpose: Wide -area -network telephone line
Recording Date: January 8, 1998
Recording No.: 9801081052
Affects: The description contained therein is not sufficient to determine its exact location within the
property herein described.
19. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: City of Federal Way, a municipal corporation
Purpose: Utilities and all necessary or convenient appurtenances
Recording Date: September 17, 1998
Recording No.: 9809171650
Affects: A Northerly portion of said premises as described and delineated in document
20. Terms and conditions of easement for traffic signal, established over, through, under and across other lands for
the benefit of said premises by Easement Agreement:
Recording Date: December 24, 1998
Recording No.: 9812240445
An assignment of the interest under said easement which names:
Assignee: City of Federal Way, a municipal corporation
Recording Date: October 6, 1999
Recording No.: 19991006002250
Subdivision Guarantee/Certificate Printed: 04.06.16 @ 11:07 AM
Page 8 WA-FT-FTMA-01 530.610051-SPS-1-1 6-611124824
r_
FIDELITY NATIONAL TITLE INSURANCE COMPANY
GUARANTEE/CERTIFICATE NO. 611124824
SCHEDULE B
(continued)
21. Terms and conditions of easement for traffic signal, established over, through, under and across other lands for
the benefit of said premises by Easement Agreement:
Recording Date: December 24, 1998
Recording No.: 9812240446
An assignment of the interest under said easement which names:
Assignee: City of Federal Way, a municipal corporation
Recording Date: October 6, 1999
Recording No.: 19991006002250
22. 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 all appurtenances related thereto
Recording Date:
January 18, 2000
Recording No.:
20000118000612
Affects:
A portion of said premises as described in document
23. 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 all appurtenances related thereto
Recording Date: January 18, 2000
Recording No.: 20000118000613
Affects: A portion of said premises as described in said document
24. 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 survey:
Recording No: 8109299012
Affects: A portion of said premises and other property
25. 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 survey:
Recording No: 8111199001
Affects: A portion of said premises and other property
$UhdiVlsion GuaranteelCertificaSe Printed: 04.06.16 @ 11:07 AM
Page 9 WA-FT-FTMA-01 530.610051-SPS-1-1 6-611124824
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 611124824
SCHEDULE B
(continued)
26. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey,
Recording Date: July 11, 1988
Recording No.: 8807119018
Matters shown: Discrepancies between various property boundaries and the location of asphalt pavement,
rockery and curbing.
Said survey was amended by survey recorded under recording no. 8810219001.
Affects: A portion of said premises and other property
27. Terms and conditions of notices of charges by water, sewer and/or storm and surface water utilities, recorded
under recording nos. 8106010916 and 8905120210.
28. 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: 2016
Tax Account No.: 092104-9125-03
Levy Code: 1202
Assessed Value -Land: $7,801,500.00
Assessed Value -Improvements: $6,039,400.00
General and Special Taxes:
Billed: $215,626.46
Paid: $0.00
Unpaid: $215,626.46
29. Please be advised that our search did not disclose any open mortgages or deeds of trust of record. If you should
have knowledge of any outstanding obligation, please contact the Title Department immediately for further review.
30. 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.
31. Numerous matters such as unsatisfied judgments, liens and/or other court proceedings involving Wal-Mart Stores,
Inc. and/or Wal-Mart Real Estate Business Trust which may affect the title to said premises. Please contact the
Company for our requirements to consider eliminating this exception.
32. Terms, powers, conditions, and limitations of the trust under which title is held.
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.
Subdivision Guarantee/Certificate Printed: 04.06.16 @ 11:07 AM
Page 10 WA-FT-FTMA-01530.610051-SPS-1-16-611124824
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 611124824
SCHEDULE B
(continued)
Note A: Note: Your application for title insurance was placed by reference to only a street address or tax
identification number. Based on our records, we believe that the legal description in this report
covers the parcel(s) of Land that you requested. If the legal description is incorrect, the
seller/borrower must notify the Company and/or the settlement company in order to prevent
errors and to be certain that the correct parcel(s) of Land will appear on any documents to be
recorded in connection with this transaction and on the policy of title insurance.
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:
Ptn of Lot 5, City of Federal Way Boundary Line Adjustment recorded under recording no. 9801089005.
Tax Account No.: 092104-9125-03
Note C: Note: This map/plat is being furnished as an aid in locating the herein described Land in relation to
adjoining streets, natural boundaries and other land. Except to the extent a policy of title insurance is
expressly modified by endorsement, if any, the Company does not insure dimensions, distances or
acreage shown thereon.
END OF NOTES
END OF SCHEDULE B
Subdivision Guarantee/Certificate Printed: 04.06.16 @ 11:07 AM
Page 11 WA-FT-FTMA-01530.610051-SPS-1-16-611124524
Assessor -Map REC I VED Page 1 of 1
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