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11-103696-SU4CITY OF s� Federal Way December 1, 2011 Mr. Jon Becker Duncanson Company, Inc. 145 SW 155 h Street, Suite 102 Seattle, WA 98166 CITY HALL F I L - 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com RE: FILE #11-103696-00-SU; FORWARD RECORDED BINDING SITE PLAN Village Green BLA, 354191" Avenue South, Federal Way Dear Mr. Becker: The above -referenced Binding Site Plan (BLA) was recorded at King County Records and Elections on November 2, 2011. The recording number for the BSP is 20111102900001. A copy of the recording receipt and conformed recorded BLA document are enclosed. Please contact me at 253-835-2642 if you have any questions about this letter. Sincerely, Deb Barker Senior Planner enc: Recording receipt and recorded BLA c: Monte Powell, via e-mail: monte@powell-homes.com Doc I D 59755 CITY OF � Federal September 23, 2011 FILE CITY HALL Way 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com Mr. Jon Becker via e-mail: jonb@duncansonco.com Duncanson Company, Inc. 145 SW 155`h Street, Suite 102 Seattle, WA 98166 RE: FILE #11-103696-00-SU; VILLAGE GREEN BOUNDARY LINE ADJUSTMENT LETTER OF COMPLETE APPLICATION, ADDITIONAL INFORMATION REQUESTED Dear Mr. Becker: On September 14, 2011, the City of Federal Way's Community and Economic Development Department received your application for a Boundary Line Adjustment (BLA) between parcel numbers 302104-9024 and 302104-9148, located within the Village Green Retirement Campus. The Development Review Committee (DRC) met on September 22, 2011, to discuss outstanding issues related to your application. Pursuant to Federal Way Revised Code (FWRC) 18.10.040 upon receipt of an application the City has 28 days to determine whether all required information and documentation has been submitted. Completeness for a BLA application is predicated on the information required in FWRC 18.10.030. COMPLETE APPLICATION Based on a review of your submittal relative to those requirements as set forth in FWRC, the BLA application is deemed complete as of September 22, 2011. ADDITIONAL INFORMATION REQUESTED While the application is considered to be complete, the following corrections are required in order for the City to complete its review of the proposed BLA. BLA Document: Please revise the BLA to reflect the following: 1. Provide dimensions between buildings and existing and proposed property lines, for those buildings that are within 50 feet of a property line, including new property line and the duplex housing units on lot C of the Village Green site as required under FWRC 18.10.030(4). 2. List the height of the landscape wall. 3. Depict the names of the internal streets. 4. Add the City File number (11-103696-00-SU) in the space provided on the title block. 5. The documents should show all survey monuments, their description, and the date visited for those monuments used for the survey. Other: 1. Final lot closure calculations shall be sealed by the surveyor. 2. As noted in the enclosed September 21, 2011 memo, Lakehaven Utility District has determined that there are existing water and sewer facilities that do not show easements over them. If any of these easements have not been secured and/or recorded, they would have to be secured prior to recording. Mr. Becker Scptember 23, 2011 Page 2 Please contact Lakehaven Engineering Technician John Jensen at 253-946-5406 for additional information about status of the easements. Upon receipt of the revised survey drawings, the City will notify you within 14 days if any additional information is required. When the City has determined that the BLA is ready for recording, a Notice of Decision will be issued. At that time, staff will direct you to submit one BLA mylar with original signatures' for recording at King County along with related recording fees. CLOSING When resubmitting, please provide three copies of the revised plan along with the enclosed Resubmittal Information Form and reference file number 11-103696-SU. Pursuant to FWRC 18.05.080, if an applicant fails to provide additional information to the City within 180 days of being notified that such information is requested, the application shall be deemed null and void and the City shall have no duty to process, review, or issue any decisions with respect to such an application. Please feel free to contact me at 253-835-2642, or deb.barker@cityoffederalway.com if you have any questions about this letter or your application. Sincerely, )OA Bark-ev- Deb Barker Senior Planner enc: Resubmittal Information Form Lakehaven memo and map c: Monte Powell, via e-mail: monte@powell-homes.com Kevin Peterson, Engineering Plans Reviewer John Jensen, Lakehaven Utility District 1 This includes bank signatures noted on the face of the BLA and as referenced in the title report. 11-103696 Doc 1 D. 58996 FILE ` CITY OF � Federal Way October 12, 2011 CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www. cityoffederalway. com Mr. Jon Becker via e-mail: jonb@duncansonco.com Duncanson Company, Inc. 145 SW 1551h Street, Suite 102 Seattle, WA 98166 RE: FILE #11-103696-00-SU; VILLAGE GREEN BLA—ADDITIONAL INFORMATION REQUESTED Dear Mr. Becker: The City has continued review of the proposed Boundary Line Adjustment (BLA) application. Revisions submitted on September 28, 2011, addressed items called out in the City's September 23, 2011 letter. The following items are based on review of revised plans. The following items must be addressed prior to approval of the BLA: 1) Authorization Signature Block— The BLA document submitted on September 14, 2011, had signature lines for the owners of the affected properties listed as Village Green of Federal Way and Bank of America, the Grantee/Beneficiary identified in the deed of trust recorded September 27, 2007, per note 31 of the submitted title report. However, the revised BLA document does not have a line for lender signature. Although the BLA is intended to be recorded in conjunction with refinance actions through a different lender and the current lender may no longer be the lender at the time of recording, the BLA must contain a signature line for the lender. Prior to City approval, the BLA shall be signed by Bank of America or the new lender as identified in a title report update. 2) Water and Sewer Easements — According to an October 7, 2011, memorandum from Lakehaven Utility District, there are existing water and sewer facilities that do not show easements over them. Lakehaven is in the process of securing water and sewer easements over the existing facilities in lots C and D. Prior to BLA approval, easement must be secured and title reports updated. Please contact John Jensen at 253-946-5406 or iiensen@lakehaven.org for the status of the easements_ The following item will not impact BLA approval: Tract X Relinquishment — According to King County short plat # 177086 recorded under 7708100801 on July 27, 1977, Tract X is a private road and thoroughfare to be dedicated for public road purposes. The City is generally supportive of relinquishing city interest in Tract X, which currently contains portions of a private road and several residential units. The City Attorney's office advised that Tract X relinquishment should be authorized by the City Council following review by the Council's Land Use and Transportation Committee (LUTC). The process Mr. Becker October 12, 2011 Page 2 to review the relinquishment request would be to first place the request on an LUTC agenda., They would review the request and forward a recommendation to the full City Council, who would vote on the recommendation at a regularly scheduled Council meeting.' Staff believes that this action could be accommodated by the end of the year, and would not hold up the BLA approval.3 When resubmitting, please provide three copies of any revised plans or two copies of the title report update along with the enclosed Resubmittal Information Form and reference file number 11-103696-SU. Should you have any questions about this letter, please do not hesitate to contact Kevin Peterson at 253- 835-2743 or myself at 253-835-2642. Sincerely, Deb Barker Senior Planner enc: Resubmittal Information form c: Monte Powell, via e-mail: monte@powell-homes.com Kevin Peterson, Engineering Plans Reviewer John Jensen, via e-mail: HenseriQlakehaven.org 1 LUTC meetings are the first and third Mondays of the month at 6:00 PM. 2 City Council meetings are conducted the first and third Tuesdays of the month at 7:00 PM. 3 Please be advised that the City Council or the Mayor may elect to cancel or postpone certain meeting dates due to holidays. 11-103696 Doc- I.D- 59173 CITY OF Federal Way DATE: October 11, 2011 TO: Deb Barker FROM: Kevin Peterson SUBJECT: VILLAGE GREEN BLA - (11-103696-00-SU) MEMORANDUM Public Works Department Deb, in response to your September 15 memo, in which the applicant is asking if the City would relinquish our interest in the Tract X that was created under the old King County Short Plat (KCSP #177086): Yes, we would support relinquishment of interest in the tract. Under advisement of our Law Department, the relinquishment of our interest in the tract should be through the Land Use and Transportation Committee, and then on to the Mayor and City Council for final vote. The process may occur through a resolution, or more simply, placed for vote on the Council consent agenda, assuming approval by the LUTC committee. Obviously, at this point, staff would recommend approval of relinquishment of the tract. LAKEHAVEN UTILITY DISTRICT lx�iy ' MEMORANDUM av¢rt U11LfTY DIS1R Date: October 7, 2011 To: Deb Barker From: John A. Jensen RE. Village Green of Federal Way 11-103696-SU The proposed BLA plans dated September 28, 2011 submittal to the City of Federal Way Building Department generally indicated the majority of water and sewer easements on the properties. There are other existing water and sewer facilities that do not show easement over them. Lakehaven is in the process of securing water and sewer easements over existing facilities located in Lots C & D. We will advise the City when the easements have been secured. Specific, technical questions regarding Lakehaven's comments should be addressed to John Jensen, engineering technician assigned to this project. I may be reached -at jjensen@lakehaven.org or 253-946-5406. Lot Closure Calculations City of Federal Way Boundary Line Adjustment 11-103696-00-SU Prepared by: Duncanson Company, Inc. DCI Project No.: 98480.3 Date: September 28, 2011 RESUBMITTED SEP 2 8 2011 CITY OF FEDERAL WAY CDS Parcel name: New Lot 11-B Beginning at the northeast corner thereof, North: 107332.8925 East : 1267162.3783 Line Course: S 15-01-02 E Length: 87.11 North: 107248.7575 East : 1267184.9493 Line Course: S 01-55-35 E Length: 76.67 North: 107172.1308 East: 1267187.5266 Line Course: S 88-04-25 W Length: 84.62 North: 107169.2862 East : 1267102.9544 Line Course: S 01-27-52 W Length: 137.42 North: 107031.9111 East : 1267099.4424 Line Course: N 88-47-44 W Length: 459.05 North: 107041.5603 East : 1266640.4938 Line Course: N 12-04-02 E Length: 436.35 North: 107468.2683 East : 1266731.7168 Line Course: N 23-18-46 E Length: 155.92 North: 107611.4587 East : 1266793.4222 Line Course: S 87-07-01 E Length: 135.99 North: 107604.6187 East : 1266929.2401 Line Course: S 02-52-59 W Length: 110.00 North: 107494.7580 East : 1266923.7073 Line Course: N 89-08-19 E Length: 112.07 North: 107496.4428 East : 1267035.7647 Line Course: S 13-31-54 E Length: 191.07 North: 107310.6767 East : 1267080.4717 Line Course: N 74-49-59 E Length: 84.87 North: 107332.8815 East : 1267162.3855 Perimeter: 2071.14 Area: 211,501 sq.ft. 4.86 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0132 Course: S 33-28-37 E Error North:-0.01099 East : 0.00726 Precision 1: 156,904.55 Parcel name: New Lot 11-C Beginning at the northeast corner thereof; North: 107677.7613 East : 1267743.1165 Line Course: N 88-49-12 W Length: 626.97 North: 107690.6728 East : 1267116.2794 Line Course: N 01-27-52 E Length: 331.17 North: 108021.7346 East : 1267124.7430 Line Course: N 88-46-55 W Length: 302.59 North: 108028.1669 East: 1266822.2214 Line Course: S 01-13-05 W Length: 60.00 North: 107968.1805 East : 1266820.9459 Line Course: S 05-19-31 W Length: 200.51 North: 107768.5359 East : 1266802.3366 Line Course: N 88-46-55 W Length: 120.00 North: 107771.0868 East : 1266682.3638 Line Course: S 13-07-14 E Length: 34.57 North: 107737.4193 East : 1266690.2112 Curve Length- 80.12 Radius: 126.00 Delta: 36-26-00 Tangent- 41.47 Chord: 78.78 Course: S 05-05-46 W Course In: S 76-52-46 W Course Out: S 66-41-14 E RP North: 107708.8172 East : 1266567.5005 End North: 107658.9526 East : 1266683.2136 Line Course: S 66-41-14 E Length. 120.00 North: 107611.4626 East.- 1266793.4166 Line Course: S 87-07-01 E Length. 135.99 North: 107604.6226 East : 1266929.2344 Line Course: S 02-52-59 W Length: 110.00 North: 107494.7619 East : 1266923.7017 Line Course: N 89-08-19 E Length: 112.07 North: 107496.4467 - East : 1267035.7590 Line Course: S 13-31-54 E Length: 191.07 North: 107310.6806 East: 1267080.4661 Line Course: N 74-49-59 E Length: 84.87 North: 107332.8854 East : 1267162.3799 Line Course: S 15-01-02 E Length. 37.88 North: 107296.2990 East : 1267172.1950 Line Course: S 62-14-20 E Length: 210.20 North: 107198.3908 East : 1267358.2004 Line Course: S 01-10-29 W Length: 158.60 North: 107039.8241 East : 1267354.9489 Line Course: S 43-11-09 E Length. 177.24 North: 106910.5917 East : 1267476.2460 Line Course: S 88-29-49 E Length: 234.66 North: 106904.4365 Line Course: N 01-30-11 E North: 107003.0126 Line Course: S 88-29-49 E North: 107002.6979 Line Course: N 01-30-11 E North: 107677.7555 East : 1267710.8253 Length: 98.61 East: 1267713.4119 Length: 12.00 East: 1267725.4077 Length: 675.29 East : 1267743.1208 Perimeter: 4114.41 Area: 560,710 sq.ft. 12.87 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0072 Course: S 36-21-34 E Error North:-0.00582 East : 0.00428 Precision 1:571,445.83 Parcel name: Old Lot B Beginning at the southeast corner thereof; North: 107031.9154 East : 1267099.4381 Line Course: N 88-47-44 W Length: 459.05 North: 107041.5646 East : 1266640.4896 Line Course: N 12-04-02 E Length. 436.35 North: 107468.2726 East : 1266731.7125 Line Course: N 23-18-46 E Length. 155.92 North: 107611.4630 East : 1266793.4179 Line Course: N 66-41-14 W Length: 120.00 North: 107658.9530 East : 1266683.2149 Curve Length- 80.12 Radius: 126.00 Delta:36-26-00 Tangent:41.47 Chord: 78.78 Course: N 05-05-46 E Course In: N 66-41-14 W Course Out: N 76-52-46 E RP North: 107708.8175 East : 1266567.5018 End North: 107737.4196 East: 1266690.2125 Line Course: N 13-07-14 W Length: 34.57 North: 107771.0872 East : 1266682.3651 Line Course: S 88-46-55 E Length: 120.00 North: 107768.5363 East : 1266802.3380 Line Course: N 05-19-31 E Length. 200.51 North: 107968.1808 East: 1266820.9473 Line Course: N 01-13-05 E Length: 60.00 North: 108028.1673 East : 1266822.2228 Line Course: S 88-46-55 E Length: 302.59 North: 108021.7350 East : 1267124.7444 Line Course: S 01-27-52 W Length: 331.17 North: 107690.6731 East: 1267116.2808 Line Course: S 88-49-12 E Length: 10.58 North: 107690.4553 East : 1267126.8586 Line Course: S 02-52-59 W Length: 189.81 North: 107500.8855 East : 1267117.3116 Line Course: S 15-01-02 E Length: 261.04 North: 107248.7605 East : 1267184.9495 Line Course: S 01-55-35 E Length: 76.67 North: 107172.1339 East: 1267187.5268 Line Course: S 88-04-25 W Length: 84.62 North: 107169.2893 East : 1267102.9546 Line Course: S 01-27-52 W Length: 137.42 North: 107031.9142 East : 1267099.4426 Perimeter: 3060.44 Area: 393,673 sq.ft. 9.04 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0046 Course: S 75-45-22 E Error North:-0.00114 East : 0.00449 Precision 1:665,308.70 Parcel name: Old Lot C Beginning at the northeast corner thereof; North: 107677.7613 East : 1267743.1165 Line Course: N 88-49-12 W Length: 616.39 North: 107690.4549 East.- 1267126.8572 Line Course: S 02-52-59 W Length: 189.81 North: 107500.8852 East : 1267117.3102 Line Course: S 15-01-02 E Length: 211.82 North: 107296.2992 East: 1267172.1948 Line Course: S 62-14-20 E Length: 210.20 North: 107198.3910 East : 1267358.2002 Line Course: S 01-10-29 W Length: 158.60 North: 107039.8243 East: 1267354.9487 Line Course: S 43-11-09 E Length: 177.24 North: 106910.5919 East : 1267476.2459 Line Course: S 88-29-49 E Length: 234.66 North: 106904.4367 East : 1267710.8251 Line Course: N 01-30-11 E Length: 98.61 North: 107003.0128 East : 1267713.4117 Line Course: S 88-29-49 E Length. 12.00 North: 107002.6980 East : 1267725.4075 Line Course: N 01-30-11 E Length: 675.29 North: 107677.7557 East : 1267743.1206 Perimeter: 2584.61 Area: 378,538 sq.ft. 8.69 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0070 Course: S 36-02-06 E Error North:-0.00563 East: 0.00410 Precision 1:369,231.43 k LAKEHAVEN UTILITY DISTRICT MEMORANDUM Date: September 21, 2011 To: Deb Barker From: John A. Jensen RE: Village Green of Federal Way 11-103696-SU The proposed BLA plans dated September 14, 2011 submittal to the City of Federal Way Building Department generally indicated the majority of water and sewer easements on the properties. There are other existing water and sewer facilities that do not show easement over them. Lakehaven is reviewing archived files to determine if the easements were secured and recorded. If the easements were not secured and/or record, Lakehaven would request the BLA is not approved until the easements are secured. Specific, technical questions regarding Lakehaven's comments should be addressed to John Jensen, engineering technician assigned to this project. I may be reached at jjensen@lakehaven.org or 253-946-5406. LIOn Map © 2006: Lakehaven Utility District neither warrants nor guarantees the accuracy of any facility information shown. Facility locations and conditions are subject to field verilIcation. http: //coltimbia/lion/map. aspx Page 1 of 1 9/21/2011 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: September 14, 2011 TO: Kevin Peterson, Engineering Plans Reviewer Scott Sproul, Plans Examiner Brian Asbury, Lakehaven Utility District Chris Ingham, South King Fire & Rescue FROM: FOR DRC MTG. ON - FILE NUMBER(s): RELATED FILE NOS.: PROJECT NAME: PROJECT ADDRESS: ZONING DISTRICT.• PROJECT DESCRIPTION: PROJECT CONTACT: Deb Barker September 22, 2011 11-103696-00-SU 98-103089, and Cottages West Village Green/Cottages West BLA 35419 1ST AVE S Parcels 302104-9146 and 9024, RS 7.2 Relocate boundary line between two lots of Village Green and Cottages West to delineate developed and undeveloped areas of site. Duncanson Company Inc. Jon Becker 145 -155`h Street, Suite 102 Burien, WA 98166 206-244-4141 x101 MATERMLS SUBMITTED: Preliminary two sheet BLA prepared by Duncanson Co Title Report (to Kevin only) Preliminary lot closure calculations to Kevin only) RECEIVED 41k Federal Way SEP 14 2011 MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DEVELAPMENT SERVICES 33325 80 Avenue South CITY OF FEDERAL WAY Federal Way, WA 98003-6325 CDS 253-835-2607; Fax 253-835-2609 www,cit offederalwa .com APPLICATION NO(S) / 1 - l 6 3 (� �6 69 (/( Date e-7 — 13 u Project Name Property Address/Location Parcel Number(s) :�->O 2— k 0 L-A — '�D' ! Lj(o g\ Project Description PLEASE PRINT 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 II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information Zoning Designation s N p omprehensive Plan Designation !y 31 r 0�V_x_ >C-0I) aloe of Existing Improvements Value of Proposed Improvements International Building Code (IBC): Occupancy Type Construction Type Applicant Name: V 1 Li_ C-Z-IE�S+d DP �eb6f 1— Q DN:y Address: Z?t NQf, �. City/State: wAi (1 W A zip: 0) e)00 Phone: Fax: Email: Moh Li' (a Qo we-\\—VNO r--ee S • co k---, Signature: m � � � ���r� Agent (if different than Applicant) L Name: Cc""4►-�'�t Address: 11L5 5-3 tSF �t �c / \0 2- City/State: G.,r� P\ Zip: a) 6 k U Lo Phone: ( ZoLo) V414 - 41 L4 i Fax: ( ZcL, Zt4L+— 414�� Email: jp,�!} c\uv�cr.�v��n- c �"•• Signature: Owner Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Bulletin #003 —January 1, 2011 Page 1 of 1 k:\Handouts\Master Land Use Application Form WA-5 (6/76) Commitment Face Page File No.: NCS-494811-WAI COMMITMENT FOR 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 Title Insurance Company y�S�tLC INfa�{ " BY A President Y�— Attest: ��� Secretary Countersigned R�CEIVED C� CDs 40abmencan Title Insurance Company a Form WA-5 (6/76) Commitment sz xtis�hr ��`C•1 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 Karl Norambuena (206)615-3026 knorambuena@firstam.com To: CBRE Capital Markets 1420 Fifth Avenue, Suite 1720 Seattle, WA 98101 Attn: Dick Almy 1 2. 3. 4. SCHEDULE A Commitment Date: June 24, 2011 at 7:30 A.M. Policy or Policies to be issued: File No.: NCS-494811-WAI Page No. 1 Annemarie Caruso (206)615-3276 ancaruso@firstam.com File No.: NCS-494811-WA1 Your Ref No.: Village Green of Federal Way AMOUNT PREMIUM TAX Reorganization Rate Extended Mortgagee's Coverage $ 18,300,000.00 $ 7,956.00 $ 755.82 Proposed Insured: To Follow The estate or interest in the land described on Page 2 herein is Fee Simple, and title thereto is at the effective date hereof vested in: Village Green of Federal Way, a Retirement Community, 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. FirstAmerlcan Title Insurance Company Form WA-5 (6/76) Commitment EXHIBIT 'A' LEGAL DESCRIPTION: File No.: NCS-494811-WAI Page No. 2 LOTS B AND C, CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. 00-104014-00 -SU, RECORDED DECEMBER 5, 2001 UNDER KING COUNTY RECORDING NO. 20011205900002 ADJUSTMENT, IN KING COUNTY, WASHINGTON. , SAID BOUNDARY LINE 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-494811-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. F. 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. FirstAmerican Title Insurance Company Form WA-5 (6/76) Commitment SCHEDULE B - SECTION 2 (continued) SPECIAL EXCEPTIONS 1. General Taxes for the year 2011. Tax Account No.: 302104-9146-01 Amount Billed: $ 43,075.22 Amount Paid: $ 21,537.61 Amount Due: $ 21,537.61 Assessed Land Value: $ 590,300.00 Assessed Improvement Value: $ 2,503,700.00 (Affects Lot B) 2. General Taxes for the year 2011. Tax Account No.: 302104-9024-08 Amount Billed: $ 144,984.31 Amount Paid: $ 72,492.16 Amount Due: $ 72,492.15 Assessed Land Value: $ 566,800.00 Assessed Improvement Value: $ 10,653,700.00 (Affects Lot C) File No.: NCS-494811-WAl Page No. 4 3. Easement and the terms and conditions thereof, including, but not limited to, the following: In Favor of: City of Federal Way Condemned in King County Superior Court Cause No.: 89-2-25115-9 Purpose: Slopes and utilities (Affects Lot C) 4. Restrictions, conditions, dedications, notes, easements and provisions, if any, as contained and/or delineated on the face of the Short Plat recorded August 10, 1977 under Recording No. 7708100901, in King County, Washington. (Affects Lot B) 5. The terms and provisions contained in the document entitled "Agreement" recorded February 10, 1988 as Recording No. 8802100726 of Official Records. 6. The terms and provisions contained in the document entitled "Agreement" recorded August 31, 1993 as Recording No. 9308310311 of Official Records. (Affects Lot B) First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-494811-WAJ Page No. 5 7. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revision) BLA 95-0002 : Recorded: October 23, 1995 Recording Information: 9510239002 (Affects Lot C) The terms and provisions contained in the document entitled "Agreement" recorded April 8, 1996 as Recording No. 9604081934 of Official Records. Document(s) declaring modifications thereof recorded May 16, 1997 as Recording No. 9705161353 of Official Records. The lien of said agreement has been released by instrument recorded September 29, 1999 under Recording No. 19990929001213. (Affects Lot C) 9. The terms and provisions contained in the document entitled "Agreement" recorded April 8, 1996 as Recording No. 9604081935 of Official Records. (Affects Lot C) 10. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revision) BLA 96-0005 : Recorded: July 9, 1996 Recording Information: 9607099005 (Affects Lot C) 11. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Village Green of Federal Way, a Retirement Community, LLC Grantee/Beneficiary: Pan Western Land Co., Inc., a corporation Trustee: Stewart Title Company, a corporation Amount: $580,000.00 Recorded: September 3, 1996 Recording Information: 9609031405 A document recorded January 7, 1999 as Recording No. 9901072362 of Official Records provides that the lien or charge of the deed of trust was subordinated to the lien or charge of the deed of trust recorded January 7, 1999 as Recording Nos. 9901072360 and 9901072361 of Official Records. A document recorded September 24, 2007 as Recording No. 20070924001525 of Official Records provides that the lien or charge of the deed of trust was subordinated to the lien deed of trust recorded September 24, 2007 as Recording Nos. 20070924001524 20070924001526 of Official Records. (Affects Lot C) FirstAmerican Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-494811-WAI Page No. 6 12. Easement, including terms and provisions contained therein: Recording Information: September 3, 1996 under Recording No. 9609031406 In Favor of: Pan Western Land Company, Inc., a Washington corporation For: Utility facilities Affects: (Lot C) as described therein 13. Easement, including terms and provisions contained therein: Recording Information: September 3, 1996 under Recording No. 9609031407 In Favor of: Pan Western Land Company, Inc., a Washington corporation and Monte B. Powell For: Utility facilities Affects: (Lot C) as described therein 14. Easement, including terms and provisions contained therein: Recording Information: September 13, 1996 under Recording No. 9609131083 In Favor of: Puget Sound Power & Light Company, a Washington corporation For: Electric transmission and/or distribution lines Affects: (Lot C) as described therein 15. The terms and provisions contained in the document entitled "Agreement" recorded March 21, 1997 as Recording No. 9703211904 of Official Records. (Affects Lot C) 16. The terms and provisions contained in the document entitled "License to Enter Property" recorded June 16, 1997 as Recording No. 9706161537 of Official Records. (Affects Lot C) 17. Easement, including terms and provisions contained therein: Recording Information: July 10, 1998 under Recording No. 9807101731 In Favor of: Lakehaven Utility District For: Water facilities Affects: (Lot C) as described therein 1& Easement, including terms and provisions contained therein: Recording Information: July 10, 1998 under Recording No. 9807101735 In Favor of: Lakehaven Utility District For: Sewer facilities Affects: (Lot C) as described therein 19. The terms and provisions contained in the document entitled "Agreement" recorded December 16, 1998 as Recording No. 9812160485 of Official Records. The lien of said agreement has been released by instrument recorded July 21, 2000 under Recording No. 20000721000406. First American Tit/e Insurance Company Form WA-5 (6/76) File No.: NCS-494811-WAl Commitment Page No. 7 (Affects Lot C) 20. The terms and provisions contained in the document entitled "Agreement" recorded January 7, 1999 as Recording No. 9901071544 of Official Records. (Affects Lot C) 21. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Village Green of Federal Way, a Retirement Community, LLC Grantee/Beneficiary: Bank of America National Trust and Savings Association, doing business as Seafirst Bank Trustee: Rainer Credit Company Amount: $7,255,000.00 Recorded: January 7, 1999 Recording Information: 9901072360 The Deed of Trust/Mortgage was Partially reconveyed as to Lot B, City of Federal Way Boundary Adjustment No. BLA 98-0005, as recorded July 8, 1999 under King County Recording No. 19990708900011 by instrument recorded October 19, 2000 under Recording No. 20001019000058. Said instrument is a re-record of Recording No(s). 20000121001711, recorded January 21, 2000, A document recorded September 24, 2007 as Recording No. 20070924001522 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. (Affects Lot C) 22. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Village Green of Federal Way, a Retirement Community, LLC Grantee/Beneficiary: Bank of America National Trust and Savings Association, doing business as Seafirst Bank Trustee: Rainier Credit Company Amount: $4,970,000.00 Recorded: January 7, 1999 Recording Information: 9901072361 The Deed of Trust/Mortgage was Partially reconveyed as to Lot B, City of Federal Way Boundary Adjustment No. BLA 98-0005, as recorded July 8, 1999 under King County Recording No. 19990708900011 by instrument recorded October 19, 2000 under Recording No. 20001019000057. Said instrument is a re-record of Recording No(s). 20000121001710, recorded January 21, 2000. A document recorded September 24, 2007 as Recording No. 20070924001523 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. (Affects Lot C) FirstAmerican Title Insurance Company Form WA-5 (6/76) File No.: NCS-494811-WA1 Commitment Page No. 8 23. Easement, including terms and provisions contained therein: Recording Information: September 1, 1999 under Recording No. 19990901000082 24 25. 26. 27 28. We) In Favor of: Lakehaven Utility District, a municipal corporation For: Right-of-way for sewer facilities Affects: (Lot C) as described therein Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revision) BLA 98-0005 : Recorded: July 8 1999 Recording Information: 19990708900011 (Affects Lot C) Easement, including terms and provisions contained therein: Recording Information: February 27, 2001 under Recording No. 20010227000472 For: Affects: Ingress, egress and utilities (Lot C) as described therein The terms and provisions contained in the document entitled "Agreement" recorded June 6, 2001 as Recording No. 20010606000376 of Official Records. Document(s) declaring modifications thereof recorded August 8, 2002, January 14, 2004, October 21, 2004, September 29, 2005, January 26, 2006 and May 3, 2006 as Recording Nos. 20020808001539, 20040114002177, 20041021000079, 20050929002962, 20060126000473 and 20060503000729 of Official Records. (Affects Parcel C) Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revision) 00-104014-00-SU : Recorded: December 5 2001 Recording Information: 20011205900002 Easement, including terms and provisions contained therein: Recording Information: April 23, 2003 under Recording No. 20030423000290 In Favor of: TCI Cablevision of Washington, Inc. For: MDU broadband service Affects: (Lot C) as described therein The terms and provisions contained in the document entitled "Agreement" recorded September 29, 2005 as Recording No. 20050929002960 of Official Records. Document(s) declaring modifications thereof recorded November 22, 2006, November 20, 2007, February 10, 2009, August 3, 2010 and April 5, 2011 as Recording Nos. 20061122000795, 20071120000478, 20090210000436, 20100803000172 and 20110405000167 of Official Records. (Affects Lot B) FirstAmerican Title Insurance Company Form WA-5 (6/76) File No.: NCS-494811-WAI Commitment Page No. 9 30. The terms, provisions and easement(s) contained in the document entitled "Drainage and Greenbelt Easement Agreement" recorded June 26, 2006 as Recording No. 20060626002121 of Official Records. (Affects Lot B) 31. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Village Green of Federal Way, a Retirement Community, LLC, a Washington limited liability company Grantee/Beneficiary: Bank of America , N.A., a national banking association Trustee: Amount: Recorded: Recording Information: (Affects Lot B) PRLAP, Inc., a Washington corporation $11,400, 000.00 September 24, 2007 20070924001524 32. Deed of Trust and the terms and conditions thereof Grantor/Trustor: Village Green of Federal Way, a Retirement Community, LLC, a Washington limited liability company Grantee/Beneficiary: Bank of America , N.A., a national banking association Trustee: PRLAP, Inc., a Washington corporation Amount: $11,400,000.00 Recorded: September 24, 2007 Recording Information: 20070924001526 (Affects Lot C) 33. The terms, provisions and easement(s) contained in the document entitled "Easement Agreement" recorded November 9, 2007 as Recording No. 20071109001491 of Official Records, 34. The terms and provisions contained in the document entitled "License" recorded December 17, 2007 as Recording No. 20071217000017 of Official Records. (Affects Lot B) 35. The terms and provisions contained in the document entitled "Condominium Sale Prohibition Covenant" recorded February 26, 2008 as Recording No. 20080226001717 of Official Records. (Affects Lot B) 36. Easement, including terms and provisions contained therein: Recording Information: March 5, 2008 under Recording No. 20080305000581 In Favor of: Puget Sound Energy, Inc., a Washington corporation For: Transmission, distribution and sale of gas and electricity Affects: (Lot B) as described therein FirstAmerlcan Title Insurance Company Form WA-5 (6/76) File No.: NCS-494811-WAI Commitment Page No. to 37. The terms, provisions and easement(s) contained in the document entitled "Easement for Water and Sewer Facilities" recorded January 14, 2009 as Recording No. 20090114001111 of Official Records. 38. 39. 40. 41. (Affects Lot B) Covenants, conditions, restrictions and/or easements: Recorded: February 18, 2010 Recording No.: 20100218000744 (Affects Lot B) Covenants, conditions, restrictions and/or easements: Recorded: February 18, 2010 Recording No.: 20100218000745 (Affects Lot B) Evidence of the authority of the individual(s) to execute the forthcoming document for Village Green of Federal Way, a Retirement Community, LLC, a Washington limited liability company, copies of the current operating agreement should be submitted prior to closing. 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. FirstAmerlcan Title Insurance Company Form WA-5 (6/76) File No.: NCS-494811-WAl Commitment Page No. 11 INFORMATIONAL NOTES A. 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. B. 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. C. 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. Lots B & C, BLA No. 00-104014-00-SU, Rec. 20011205900002 APN: 302104-9146-01 APN: 302104-9024-08 D. 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 cc: Will Advise cc: CBRE Capital Markets FirstAmerican Title Insurance Company Form WA-5 (6/76) Commitment �` 4 x A \1 F, k 1 f ••1 FirstAmerican Title Insurance Company National Commercial Services COMMITMENT Conditions and Stipulations He No.: NCS-494811-WAI Page No. 12 1. The term "mortgage" when used herein shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of a 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 or reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclosure 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. 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, exclusion from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for in favor of the proposed Insured which are hereby incorporated by references, and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. FirstAmerican Title Insurance Company Form WA-5 (6/76) Commitment The First American Corporation First American Title Insurance Company National Commercial Services PRIVACY POLICY We Are Committed to Safeguarding Customer Information File No.: NCS-494811-WAl Page No. 13 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 Fair Information Values, a copy of which can be found on our website at www.firstam.com. 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 (2) 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, such 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 best 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 American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. c 2001 The First American Corporation - All Rights Reserved RrstAmencan Title Insurance Company ps1 AmlNC4 First American Title Company Reference No.: 494811 County: King Plotted Easements Legend N . PIQ W E L7� #89-2-25115-9 (Slopes & Utilities) 08/10/1977 #7708100901 S (Private Road) 09/03/1996 #9609031406 (Utility Facilities -Not Plottable) 09/03/1996 #9609031407 l (Utility Facilities -Not Plottable) 09/13/1996 #9609131083 (Electric Transmission Lines) 07/10/1998 #9807101731 (Water Facilities) 07/10/1998 #9807101735 ® (Sewer Facilities) 09/01/1999 #19990901000082 (Sewer Facilities) 02/27/2001 #20010227000472 (Ingress, Egress & Utilities -Not Plottable) t' 04/23/2003 #20030423000290 (MDU Broadband Service - Not Plottable) 06/26/2006 #20060626002121 (Drainage) -_ 11 /09/2007 #20071109001491 (Pedestrian & Vehicle Access) 03/05/2008 #20080305000581 (Transmission & Electricity -Not Plottable) 01/14/2009 #20090114001111 ® & Sewer Facilities) (Water This map may or may not be a surrey of the land depicted hereon. Tax ID: 302104-9146-01 & 302104-9024-08 Map Not You should not rely upon it for any purpose other than orientation Short Legal: Lots B & C BLA No.00-104014-00-SU Rec. # 20011205900002 g To Scale to the general location of the parcel or parcels depicted. First American Title expressly disclaims any liability for alleged loss or damage which may result from reliance upon this map.