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13-101446
CITY OF CITY HALL 33325 8th Avenue South &k Federal Way Federal Way, WA 98003-6325 (253) 835-7000 wwww cityoffederalway. com July 3, 2013 Mr. Rick Shaffer Abbey Road Group PO Box 1224 Puyallup, WA 98371 Re: File #13-101446-00-SU; BLA APPROVAL Park 16 Multifamily, 35703 16'h Avenue South, Federal Way Dear Mr. Shaffer: FILE The City of Federal Way has completed its administrative review of the `Park 16 BLA.' The applicant proposes the alteration and removal of interior lot lines for the following three King County tax parcels: 292104-9095, 292104-9107, and 292104-9071. The boundary line adjustment will result in one multifamily lot (proposed `Parcel A') and will correct a `deed overlap' between the proposed multifamily lot (proposed `Parcel A') and an adjacent single-family lot (proposed `Parcel B'). Proposed `Parcel A' will contain 725,906.50 square feet and proposed `Parcel B' will contain 52,130.27 square feet. The comprehensive plan and zoning designation for proposed Parcel A is Multifamily Residential and . RM 2400, respectively. The comprehensive plan and zoning designation for proposed Parcel B is Single Family — Medium Density and RS-15, respectively. The Department of Economic and Community Development hereby approves the boundary line adjustment based on the material submitted to the city June 5, 2013. DECISIONAL CRITERIA City staff has determined the following boundary line adjustment meets criteria set forth in Federal Way Revised Code (F)ArRC) Chapter 18.10: The boundary line adjustment is a minor alteration in the location of lot boundaries on existing lots. The boundary alteration will not increase the number of lots, nor diminish the size of open space or other protected environments. 2. The boundary alteration will not diminish the size of any lot so as to result in a lot of less square footage than prescribed in the RM 2400 or RS 15 zone. The boundary alteration will not result in the reduction of setbacks or site coverage to less than prescribed in the RM 2400 or RS 15 zone. Mr. Rick Shaffer pg. 2 July 3, 2013 4. All lots resulting from the boundary line alteration will be in conformance with the design standards of the city's subdivision title. RECORDATION Pursuant to FWRC 18.MOO, all- boundary line adjustments shall be recorded with the King County Division of Elections and Records. To finalize the boundary line adjustment process, please submit the following four items tothe permit I«enter with the enclosed resubmittal form: (1) one set of signed and notarized mylars; (2) two sets of paper copies of the signed/notarized mylars; (3) current King County recording fee ($144.00 payable to the city); and (4) one copy of this decision. The Planning Division will record the boundary line adjustment mylars and route the conformed copy to the applicant. 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 Janet Shull, at 253-835-2644, .or janet.shttll cityoffederalway.coin. Sincerely, a ick Doherty Director Enc: Invoice for Recording Fees Resubmittal Information Form c: Janet Shull, AICP, Senior Planner Kevin Peterson, Engineering Plans Reviewer File H13-101446-00-SU Doc. I.D. 63744 CITY OF CITY HALL 33325 8th Avenue South Federal 'Flay Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Mr. Rick Shaffer April 23, 2013 Abbey Road Group PO Box 1224 FILE Puyallup, WA 98371 Re: File #13-100446-00-SU; LETTER OF COMPLETE APPLICATION AND TECHNICAL COMMENTS Park 16 Boundary Line Adjustment, 35703 16th Avenue South, Federal Way Dear Mr. Shaffer: The City of Federal Way's Department of Community and Economic Development is in receipt of the above -referenced Boundary Line Adjustment (BLA) application. The applicant proposes to alter interior lot lines of tax parcels 292104-9095, 292104-9107, and 292104-9071. Pursuant to Fealeral 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 letter a Notice of Complete Application. The BLA application is deemed complete as of April 18, 2013. This determination of completeness is based on a review of your submittal relative to applicable requirements referenced within FWRC Chapter 18.10 "Boundary Line Adjustments." 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. You will be informed of the status of the 120-day time line when you are notified in writing that corrections and/or additional information are needed. TECHNICAL COMMENTS During the course of complete application review, staff identified the following items to be addressed prior to the department issuing approval of the BLA application. The proposed reconfiguration of lots exceeds the purview of a BLA, which stipulates that BLAs are for minor alterations. Creating two lots out of parcel 292104-9071 results in a de facto short subdivision without going through the short subdivision process. The BLA drawings and supportive documentation must be modified to eliminate parcel 292104-9071 (unless it is included in order to address the deed overlap identified on Sheet 1, which may be addressed via a BLA). The subdivision of parcel 292104-9071 may be addressed via a separate short subdivision application pursuant to FWRC Title 18. 2. Provide owner signatures for the parcels_ subject to the BLA action._ _ 3. Identify Parcels A and B on Sheet 1. File #13-100446-00-SU Doe. LD. 63333 Mr. Rick Shaffer Page 2 of 3 April 23, 2013 t/4 Identify the 200-foot wetland buffer area, as well as the wetland area, on the BLA drawings. 'S. Utilize the most current BLA Title Block for the'dtawings. The applicant may request the most current title block CAD file by contacting Engineering Plans Reviewer Kevin Peterson at kevin.peterson ct`7t,cityoffederalwU,com. - J6. Provide the name, address, and phone number of the registered land surveyor on Sheets 1 and 2. J 7. Show the existing parcel numbers on the parcels being altered by the BLA. J8. Add the city's file number 13-101446-SU in the space provided in the upper left-hand corner of each page of the BLA drawings. Vt 9. Area must be indicated in square feet for each parcel on Sheet 2. 10. Show parcel numAs on Sheet 2. .� 1. Revise the section breakdown in the upper right-hand corner of each page to read SE I/4 of NE '/4 of S(ection) 29 .... J2. Revise the 1 inetypes on page 2 of the drawings to easily differentiate between easement lines and existing lot lines. 1 t 3 Provide the width of the exist'ng right of way along b the South 356h Street boundary adjacent to the subject parcel. CLOSING Please provide six copies of corrected BLA documents and two copies of the sealed lot closure calculation with the enclosed resubmittal form. With this request for corrections and additional information, the 120-day review timeline stopped with 5 days used. The review timeline will begin within 14 days of receipt of requested information. Please contact me at janet.shull (Zcityoffederalway.com, or 253-835-2644 if you have questions regarding this letter. Sincerely, jJa t Shull, AICP, CSBA, LEED Green Associate S nior Planner enc: Bulletin 129 "Resubmittal Information" c: Kevin Peterson, Engineering Plans Reviewer Brian Asbury, Lakehaven Utility District File 913-100446-00-SU Doc I D 63333 L � Abbey Road Group P.O. Box 1224 Puyallup WA 98371 253.435.3699 Tuesday, June 04, 2013 2:06:27 PM PROJECT: (ACTIVE)\07-179-02 359th ST FW-ST FAB\DESIGNS\07-179-02 Short Plat.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: REVISED PARCEL A Point Number Description Bearing Distance --------------------------------- 35 S01021150"W 331.93 ft 15 N88031122"W 1281.87 ft 1488 N01030134"E 663.83 ft 1489 S8803112911E 767.65 ft Sta Northing Easting Elevation --------------------------------------------- 0+00.00 106275.43663 1272970.78647 3+31.93 105943.60067 1272962.88584 16+13.81 105976.64668 1271681.44187 22+77.64 106640.24633 1271698.92830 41 PT 30+45.29 106620.48271 1272466.32384 Center Point: 40 106808.54623 1272582.37854 RP Radius: 220.99 ft Delta: 30°12113" Left Arc Length: 116.50 ft Chord Bearing: S7302512311E Chord Length: 115.15 ft Middle Ordinate: 7.63 ft External: 7.90 ft Deg of Curvature: 25055137" Arc Definition Tangent: 59.63 ft Curve PI: 106589.15510 1272517.07107 39 COR 31+61.78 106587.63010 1272576.68792 S88031129"E 36.42 ft 38 31+98.20 106586.69245 1272613.09584 S01021150"W 301.93 ft 37 35+00.13 106284.84799 1272605.90927 S8803112611E 365.00 ft 35 38+65.13 106275.44553 1272970.78815 ----------------------------- Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area = 0.00891 = 0.00168 = S10039'13"W = 0.00906 = 3863.78 (3865.13) = 1/426380 = 1/433858 = 1/2306391 = 725906.50 SQ FT = 16.66 ACRES RESUBMITTED JUN 0 5 2013 ACM OF FEDERAL RNA, Cos Abbey Road Group P.O. Box 1224 Puyallup WA 98371 253.435.3699 Tuesday, June 04, 2013 2:06:27 PM PROJECT: (ACTIVE)\07-179-02 359th ST FW-ST FAB\DESIGNS\07-179-02 Short Plat.pro ---------------------- CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: REVISED PARCEL B Point Number Description Sta Northing Easting Elevation Bearing Distance ----------------------- --- 1471 _ - 0+00 00 105684.06093 1272317.52846 NO1021150"E 276.09 ft 816 2+76.09 105960.07272 1272324.09998 N88031122"W 188.50 ft 1468 4+64.58 105964.93216 1272135.66263 501021150"W 277.03 ft 815 7+41.61 105687.98064 1272129.06873 S8804814011E 188.50 ft 1471 9+30.11 105684.06954 1272317.52816 -------------------------------------------------------------------------------- Closing latitude = 0.00861 Closing departure =-0.00031 Closing bearing = S02001159"E Closing distance = 0.00861 Total traverse length = 930.12 (930.11) Total error of closure = 1/107965 Error of closure in latitude = 1/108033 Error of closure in departure = 1/3043157 Area = 52130.27 SQ FT Area = 1.20 ACRES CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMM3:TTEE TRANSMITTAL DATE: April 3, 2013 TO: Ann Dower, Sr Engineering Plans Reviewer Scott Sproul, Assistant Building Official Sarady Long, Sr Transportation Engineer Brian Asbury, Lakehaven Utility District Chris Ingham, South King Fire & Rescue FROM: Janet Shull FOR DRC MTG. ON: April 18, 2013 - Internal FILE NUMBER(s): 13-101446-00-SU RELATED FILE NOS.: None PROJECT NAME: PARK 16 MULTIFAMILY PROJECT ADDRESS: 35703 16TH AVE S ZONING DISTRICT: RM 2400 PROJECT DESCRIPTION: Boundary line adjustment for 3 parcels. LAND USE PERMITS: BLA Approval PROJECT CONTACT: DEVCO INC 11100MAINSTSuite301 MATERIALS SUBMITTED: lot closure report, title report, BLA drawing RECEIVED MASTER LAND USE APPLICATION DEPARTMENT OF CONINUNITY DEVELOPMENT SERVICES 4;�k MAR 2 9 2013 33325 a Avenue South CITY OF Federal Way, WA 98003-6325 -2609 Federal Way CITY OF FEDERAL WAY 253-835- w.cit Fax deratw y.coni www.cit ofFederal►va .com CDS APPLICATION NO(S) r! v l ` r Date a'9 ! Project Name Property Address/Location 35703 16TH AVE S. FEDERAL WAY 98003 Parcel Numbers} 2921 [) 5 292 10191(i7 2921 Ckl 71 Project Description ADJUST BOUNDARY LINES OF 3 PARCELS 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 H (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 RM 2400, RS 15.0 Zoning Designation Comprehensive Plan Designation Value of Existing Improvements Value of Proposed Improvements International Building Code (IBC): Occupancy Type Construction Type Applicant Name: DEVCO, INC Address: 375 - 118TH AVE SE City/State: BELLEVUE, WA Zip: 98005 Phone: Fax: Email: Signature: Agent (if different than Applicant) Name: ABBEY ROAD GROUP Address: PO BOX 1224 City/State: PUYALLUP WA Zip: 98371 Phone: 253-435-3699 Fax: - 159 Email: tck.s fer@abbeyroadgroup.com 5ignatu Owner Name: JESSIE CHERIAN DEVCO, INC Address: 1320 S. 359TH ST. SAME AS ABOVE City/State: FEDERAL WAY, WA Zip: 98003 Phone: F Emai Signattt R � � Bulletin#003 —January 1, 2011 Page 1 of 10 Land Use Application Form WA-5 (6/76) Commitment Face Page File No.: NCS-517821-WAl COMMITMENT FOR TITLE INSURANCE Issued by FIRST AMERICAN TITLE INSURANCE COMPANY First American Title Insurance Company, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagor of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of the Commitment or by subsequent endorsement. This Commitment if preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." �.. FirstAmerican Titie Insurance Company 4 151E tNSbA P "'_ �' By: President e.� o stvr[VecA x{ : b • Ski I F 01R *i Attest: Secretary By: rCountersigned �al RECEIVE® MAR 2 9 2013 CITY OF FEDERAL WAY CDS First American Title Insurance Company Form WA-5 (6/76) Commitment k �• First American Title Insurance Company National Commercial Services 818 Stewart Street, Suite 800, Seattle, WA 98101 (206)728-0400 - (800)526-7544 FAX (206)448-6348 Mike Cooper (206)615-3107 mcooper@firstam.com To: DevCo, Inc. 375 118th Ave SE, Suite 118 Bellevue, WA 98005 1 2. 3 4. Attn: Jack Hunden SECOND REPORT SCHEDULE A Commitment Date: October 31, 2012 at 7:30 A.M. Policy or Policies to be issued: File No.: NCS-517821-WAI Page No. 1 Laura Lau (206)615-3017 Ilau@firstam.com File No.: NCS-517821-WAl Your Ref No.: 35706 16th Avenue South and 1405 South 356th Stree AMOUNT PREMIUM TAX Short Term Rate Standard Owner's Coverage $ To Follow $ $ Proposed Insured: DEVCO, Inc., a Washington corporation The estate or interest in the land described on Page 2 herein is Fee Simple, as to Parcels A and B, and Easement as to Parcel C, and title thereto is at the effective date hereof vested in: Dominion Holdings, LLC, a Washington limited liability company The land referred to in this Commitment is described as follows: The land referred to in this report is described in Exhibit "A" attached hereto. First American Title Insurance Company Form WA-5 (6/76) Commitment EXHIBIT 'A' LEGAL DESCRIPTION: PARCEL A: File No.: NCS-517821-WAI Page No. 2 THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTHEAST QUARTER THEREOF; ALSO EXCEPT THAT PORTION THEREOF LYING EAST OF A LINE WHICH IS PARALLEL WITH AND 395 FEET WEST OF THE EAST LINE OF SAID SUBDIVISION; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 698891. PARCEL B: THE SOUTHEAST QUARTER OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 30 FEET FOR ROAD AS DISCLOSED BY DEEDS RECORDED UNDER RECORDING NOS. 6630398 AND 6669685. PARCEL C: A NON EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS DESCRIBED IN AND DISCLOSED BY THAT CERTAIN DOCUMENT ENTITLED "EASEMENT AGREEMENT" RECORDED _ AS RECORDING NO. RECORDS OF KING COUNTY, WASHINGTON. FirstAmerican Title Insurance Company Form WA-5 (6/76) Commitment SCHEDULE B - SECTION 1 REQUIREMENTS The following are the Requirements to be complied with: File No.: NCS-517821-WAI Page No. 3 Item (A) Payment to or for the account of the Grantors or Mortgagors of the full consideration for the estate or interest to be insured. Item (B) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. Item (C) Pay us the premiums, fees and charges for the policy. Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions SCHEDULE B - SECTION 2 GENERAL EXCEPTIONS The Policy or Policies to be issued will contain Exceptions to the following unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of person in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. E. (1) Unpatented mining claims; (2) reservations or exceptions in patents or in acts authorizing the issuance thereof; (3) Water rights, claims or title to water; whether or not the matters excepted under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. Any lien, or right to a lien, for services, labor, materials or medical assistance theretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgages thereon covered by this Commitment. First American Title Insurance Company Form WA-5 (6/76) File No.: NCS-517821-WAl Commitment Page No. 4 SCHEDULE B - SECTION 2 (continued) SPECIAL EXCEPTIONS 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Federal Way is at 1.78%. Levy/Area Code: 1205 For all transactions recorded on or after July 1, 2005: • A fee of $10.00 will be charged on all exempt transactions; • A fee of $5.00 will be charged on all taxable transactions in addition to the excise tax due. 2. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for water or sewer facilities of Federal Way Water and Sewer as disclosed by instrument recorded August 4, 1986 under Recording No. 8608041129. 3, Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for water or sewer facilities of Federal Way Water and Sewer as disclosed by instrument recorded May 12, 1989 under Recording No. 8905120210. Said notice supercedes previous notice recorded June 1, 1981 under Recording No. 8106010916. 4. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for water or sewer facilities of Federal Way Water and Sewer as disclosed by instrument recorded January 19, 1993 under Recording No. 9301190272. 5. Easement, including terms and provisions contained therein: Recording Information: April 26, 1943 under Recording No. 3382778 For: Road Affects: The North 30 feet of Parcel B 6. Easement, including terms and provisions contained therein: Recording Information: June 12, 1974 under Recording No. 7406120648 In Favor of: Puget Sound Power and Light Company, a Washington corporation For: 3 guy wires and 1 anchor Affects: A 10 foot wide strip located within the North 35 feet of Parcel A at a point approximately 90 feet West of the East line thereof 7. Easement, including terms and provisions contained therein: Recording Information: January 22, 1980 under Recording No. 8001220514 In Favor of: King County Water District No. 124 For: Water line Affects: The Northerly 10 feet of Parcel B First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-517821-WAI Page No. 5 Easement, including terms and provisions contained therein: Recording Information: April 9, 1981 under Recording No. 8104090458 In Favor of: Puget Sound Power and Light Company, a Washington corporation For: Electric transmission and/or distribution system Affects: The North 70 feet of Parcel B 9. Easement, including terms and provisions contained therein: Recording Information: August 20, 1985 under Recording No. 8508200805 In Favor of: Lakehaven Sewer District For: Sewer mains Affects: The West 5 feet of Parcel A 10. Easement, including terms and provisions contained therein: Recording Information: September 27, 1990 under Recording No. 9009270129 In Favor of: Federal Way Water and Sewer For: Water facilities Affects: The West 10 feet of the East 415 feet of the North 215 feet and the West 15 feet of the East 430 feet of the South 15 feet of the North 215 feet of Parcel B Said easement supercedes and cancels easement recorded September 23, 1987 under Recording No. 8709230889. 11. The terms and provisions contained in the document entitled Agreement, executed by and between The Federal Way Water and Sewer District, King County, a municipal corporation and Federal Way School District No. 210, recorded March 18, 1992 as Instrument No. 9203182167 of Official Records. Document(s) declaring modifications thereof recorded February 19, 1999 as Recording No. 9902191058 of Official Records. 12. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey recorded May 19, 1992 under Recording No. 9205199001, recorded in Volume 87 of surveys, at Page(s) 65 through 65A, in King County, Washington. 13. The terms and provisions contained in the document entitled Purchase and Sale and Option to Purchase Agreement of the 356 Property in the City of Federal Way, executed by and between Group II, LLC, a Washington limited liability company and Dominion Holdings, LLC, a Washington limited liability company, recorded January 19, 2005 as Instrument No. 20050119001832 of Official Records. 14. The terms and provisions contained in the document entitled Private Pump Station Agreement, executed by and between Lakehaven Utility District, King County, a municipal corporation and Dominion Holdings, Inc., D.B.A. ST Fabrication, recorded July 25, 2005 as Instrument No. 20050725002063 of Official Records. First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-517821-WAI Page No. 6 15. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Dominion Holdings LLC, a Washington limited liability company Grantee/Beneficiary: Sterling Savings Bank Trustee: UPF Washington Incorporated Amount: $3,242,459.46 Recorded: April 28, 2011 Recording Information: 20110428000806 Document states that it is for Cross-Default/Cross-Collateralization. 16. Assignment of leases and/or rents and the terms and conditions thereof: Assignor: Dominion Holdings LLC, a Washington limited liability company Assignee: Sterling Savings Bank Recorded: April 28, 2011 Recording Information: 20110428000807 17. Evidence of the authority of the individual(s) to execute the forthcoming document for Dominion Holdings LLC, a Washington limited liability company, copies of the current operating agreement should be submitted prior to closing. 18. Evidence of the authority of the officers of DEVCO, Inc., a Washington corporation, to execute the forthcoming instrument, copies of the current Articles of Incorporation, By -Laws and certified copies of appropriate resolutions should be submitted prior to closin . 19. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. 20. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Dominion Holdings, LLC Grantee/Beneficiary: Sterling Savings Bank dba Sterling Bank Trustee: UPF Washington Incorporated Amount: $500,000.00 Recorded: September 26, 2012 Recording Information: 20120926000195 21. The terms and provisions contained in the document entitled "Easement Agreement" recorded as of Official Records. FirstAmerican Title Insurance Company Form WA-5 (6/76) Commitment INFORMATIONAL NOTES A. General taxes for the year 2012, which have been paid. Tax Account No. 292104-9095-05 Amount: $21,139.17 Assessed Land Value: $1,551,000.00 Assessed Improvement Value: $0.00 (Affects Parcel A) File No.: NCS-517821-WAI Page No. 7 B. General taxes for the year 2012, which have been paid. Tax Account No. 292104-9107-01 Amount: $23,424.89 Assessed Land Value: $830,000.00 Assessed Improvement Value: $585,800.00 (Affects Parcel B) C. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. D. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. E. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Ptn Sec 29 Twp 21N Rge 04E, SE Qtr NE Qtr APN: 292104-9095-05 APN: 292104-9107-01 F. According to the application for title insurance, title is to vest in DEVCO, Inc., a Washington corporation. Examination of the records discloses no matters pending against said party(ies). G. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington State Insurance Code and the filed Rate Schedule of the Company. END OF SCHEDULE B First American Title Insurance Company Pacific Northwest Title 1. PNWT A.L.T.A. Commitment PACT to, NoR'i' N%T- s7 T ITr_r Co4iP.' NY 215 Columbia Street Seattle, WA 98104 (206)622-1040 (206)343-1358 FAX ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation (7Company'), for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and 6 and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, First American Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officer and signatory on the date shown in Schedule A. First American 27deInsunwec Company 8Y .+-mot• PFtf51E]ENX AM= SECRt 715 Y RECEIVE® MAR 2 9 2013 CITY OF FEDERAL WAY CDS Pacific Northwest Title Pacific Northwest Title Pacific Northwest Title Company Pacific Northwest Title Company 4733 Tacoma Mall Blvd., #100 Tacoma, WA 98409 Senior Title Officer, Ingrid Willms-Dixon (ingridwillmsdixon@pn%vt.com) Title Officer, Doug 5weborg (dougsweborg@pnwt.com) Title Assistant, Tien Vo (tienvo@pnwt.com) Unit No. 34 FAX No. (253)382-2881 Telephone Number (253)382-2811 A.L.T.A. COMMITMENT Gerald Robison, Attorney 648 South 152nd Street #7 Seattle, WA 98148 Attention: Carl Stevenson 1. Effective Date: March 01, 2010 at 8:00 A.M. 2. Policy or Policies to be issued: ALTA Homeowner's Policy Rate: Homeowner's Rate SCHEDULE A Title Order No.:1110075 Customer Ref: Brown PREMIUM Liability Amount: $365,000.00 $ 1,000.00 Tax: $ 95.00 Proposed Insured: Dominion Holdings, LLC, a Washington Limited Liability Company WORK CHARGE Amount: Tax: $ 350.00 $ 33.25 3. The estate or interest in said land described or referred to in the Commitment and covered herein is: FEE SIMPLE 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Stanley Grayson Brown and Joan Marie Brown, husband and wife 5. The land referred to in this Commitment is in the City of Federal Way, County of King, State of Washington, and is described as follows: SEE EXHIBIT A ATTACHED Pacific Northwest Title Vage2-Urder No. Pacific Northwest Title Pacific Northwest Title Company EXHIBIT A Order No.: 1110075 Legal Description: That portion of the southeast quarter of the northeast quarter of Section 29, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the east quarter comer of said Section 29; running thence north 0°14'15" west along the easterly line of said subdivision 391.15 feet; thence south 89°35'15" west along the northerly margin of the Neil County Road, 669.0 feet to the true point of beginning of the tract herein described; thence north 0°14'15" west 279.44 feet; thence north 89°51'35" west 188.5 feet; thence south 0° 14'15" east 281.27 feet to the northerly margin of said Neil County Road; thence north 89°35'15" east, along said northerly margin 188.5 feet to the true point of beginning. Property Address: 1320 South 359th Street Federal Way, WA 98003 Tax Account Number: 292104-9071-03 *** END OF EXHIBIT A *** Pacific Northwest Title Pacific Northwest Title Pacific Northwest Title Company A.L.T.A. COMMITMENT Order No.: 1110075 SCHEDULE B The following are the requirements to be complied with: A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. B. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. B. GENERAL EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereof, (G) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights; including easements or equitable servitudes. 7. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. 8. Any title or rights asserted by anyone including but not limited to persons corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. C. SPECIAL EXCEPTIONS: As on Schedule B attached. Pacific Northwest Title age 4 - Urder No. I I 100 1-'j Pacific Northwest Title Pacific Northwest Title Company SCHEDULE B - continued Order No.: 1110075 SPECIAL EXCEPTIONS: 1. Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of local taxing authority of City of Federal Way. Present Rate of Real Estate Excise Tax as of the date herein is 1.78%. 2. Taxes for the year 2010. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 292104-9071-03 Levy Code: 1205 Total Assessed Value: $ 349,000.00 Assessed Land Value: $ 96,000.00 Assessed Improvement Value: $ 253,000.00 2010 Total Tax Principal: $ 4,399.74 1st Half Amount Billed: $ 2,199.87 Amount Paid: $ 0.00 Amount Due: $ 2,199.87 2nd Half Amount Billed: $ 2,199.87 Amount Paid: $ 0.00 Amount Due: $ 2,199.87 2010 Remaining Balance: $ 4,399.74 3. Deed of Trust and the terms and conditions thereof: Grantor: Stanley G. Brown and Joan M. Brown, husband and wife Trustee: Seattle -First National Bank, a national banking association Beneficiary: Firstbank Mortgage Corporation, a Washington corporation Amount: $33,550.00 Dated: December 14, 1972 Recorded: December 20, 1972 Recording No.: 7212200311 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. Pacific Northwest Title age - r er go. Pacific Northwest Title Pacific Northwest Title Company Assignment of said Deed of Trust: Assignee: Seattle -First National Bank Dated: October 3, 1974 Recorded: October 15, 1974 Recording No.: 7410150282 4. Deed of Trust and the terms and conditions thereof: Grantor: Stanley Grayson Brown and Joan Marie Brown, husband and wife Trustee: Professional Foreclosure Corporation of Washington Beneficiary: Union Planters Bank, N.A. Amount: $204,600.00 Dated: June 5, 2003 Recorded: June 11, 2003 Recording No.. 20030611002758 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. Assignment of said Deed of Trust: Assignee: Mortgage Electronic Registration Systems, Inc. (VRU# 1-888-679-6377) Dated: September 13, 2004 Recorded: October 5, 2004 Recording No.: 20041005000630 5. Notice of Additional Water or Sewer Facility Tap or Connection Charge and the terms and conditions thereof: Recorded: January 19, 1993 Recording No.: 9301190272 6. Covenants, conditions and restrictions contained in instrument: From: Hans Olsen and Carrie Olsen, husband and wife Recorded: May 7, 1947 Recording No.: 3684147 Including but not limited to the following: Grantors reserve all water having its source on the above described lands in excess of all amounts used by grantees, their heirs and assigns for agricultural and domestic purposes in connection with the land conveyed herein Pacific Northwest Title age 5 - Urder No. L I WW.'j Pacific Northwest Title Judgment: Against: In Favor of Amount: Pacific Northwest Title Company Stanley Brown and Steve Brown Mahala Lewis $2,590.00 , plus interest and/or costs, if any WARNING: This amount is not to be used as a basis for closing any sale or loan transaction_ The amount now owing and the requirements to obtain a satisfaction or release of said judgment roust be obtained from the judgment creditor or his attorney. Entered: King County Judgment Number: Superior Court Cause Number: Attorney for Judgmciit Creditor: Telephone No.: August 5, 2003 03-9-28759-3 03-2-06657-5 Michael W. Jordan 253-627-4040 The lien of said judgment depends upon the identity of the judgment debtor with Stanley Grayson Brown. *** END OF SCHEDULE B *** Pacific Northwest Title Pacific Northwest Title Pacific Northwest Title Company NOTES: L The following deeds affecting title to the property herein described have been recorded within 24 months of the effective date of this commitment: 2. Unless otherwise shown as a numbered exception above, we find no pertinent matters of record against the names of the borrowers herein. 3. The records of King County and/or our inspection indicate that the address of the improvements located on said land is: 1320 South 359th Street Federal Way, Washington 98003 4. In the event the transaction fails to close and this commitment is cancelled, a fee will be charged to comply with the state insurance code and the filed schedule of this Company. 5. Abbreviated Legal Description Ptn SE Qtr NE Qtr Sec 29 Twp 21N Rge 4E, King County Parcel Number: 292104-9071-03 6. The application for title insurance included an address in lieu of a valid legal description. The company has examined title to the property, as set forth in Schedule A, which it believes was intended by the applicant based on the information provided. The legal description should be examined and approved by the parties to this transaction prior to recording. 7. All matters have been cleared for ALTA Extended Policy coverage, Homeowners Endorsement coverage and/or Homeowners Policy of Title Insurance. JI/adec Pacific Northwest Title Pacific Northwest Title Pacific Northwest Title Company PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such Information - particularly any personal or financial Information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner In which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines Its Fairinformatlon Values, a copy of which can be found on our website at www.firstam.co. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your Information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or 42) as permitted by law. We may, however, store such Information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies Include financial service providers, such as title Insurers property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, suck as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our hest efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that Information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and In accordance with this Privacy Policy and First Americans Fair information Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved Pacific Northwest Title Pacific Northwest Title Pacific Northwest Title Company CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at httoJ/www.alta.oM/. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to the Company at 215 Columbia Street, Seattle, Washington 98104- 1511. American Land Title Association Commitment — 2006 (Rev. 6/06) Pacific Northwest Title Page Urder No. i I IM13 Pacific Northwest Title 2. Map_Customer Map PORTION OF SE/SE OF 29-21-4 9095 '"511 ca aM h " U e Situs:i324 S 359Tk ST816 DE L A log F LOT! I " wars' 77702 BP 17�L7 � 9I05 9062 v Lf7T 2 �' s 1dQ�1 E r�pryj •. 9�1eF C7 17QAe 6 1i7Qe c� . a>1QQ 1.1e PonOOd3 9070 15tQt $054 tease .._._._._._._._._ �. S. S59TM. ST. �._'—'7T1-1ii—•_•—sii?36 • is � �as1:i�• n^i� _ QarP�Hl L1R rps. uce, xqd� PN. I M9 t. i ro J. 7SJPe� as7'o`1'iP:j ._.y. �..,...... _......_ jr, a • - �M Qa l i5 r. B j iq �,a pi S ■�� +� � O�GO 0060 a0i0 %"" Lai s ttft3-5099311 *" $ S; W 2w � a 5 .� 4 n ' r 1N FIR ` tciai BE om ti ' MAT 7 s S y �Q;y i arias SF JX 42 9137 9i98 pp =4S ea lyi�lyF�l f ao 7_77 Me .1v10 m e [(t]fJ R 8 17.ti 1013. L ;r^ f i 9W N PACIFIC NORTHWEST TITLE Order No. 1110075 'Company of Washington, Inc. IMPORTANT: This is not a Plat of Survey. it is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon.