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08-101306
FILE ` CITY OF CITY HALL Federal Wa33325 8th Avenue South Y Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www. cityoffederalway com September 4, 2009 Roberta Marta Abbey Road Group 923 Shaw Road, Suite A Puyallup, WA 98372 RE: File #08-101306-00-SU; CONFORMED BLA DOCUMENT Lifeway Church BLA, 157 SW 3561h Street, Federal Way Dear Ms. Marta: Please find the enclosed copy of the BLA document recorded with the King County Division of Elections and Records on September 3, 2009. This project is now considered complete and the file is officially closed. If you have any questions, please contact me at 253-835-2638 or matt.herrera@cityoffederalway.com. Since Matthew Herrera Associate Planner enc_ Conformed BLA w/ receipt Doc. I_D. FILE MY OF CITY HALL 33325 8th Avenue South Mailing Address: Box 9718 Federal Way98 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com August 18, 2009 Roberta Marta Abbey Road Group 923 Shaw Road, Suite A Puyallup, WA 98372 RE: File #08-101306-00-SU; BOUNDARY LINE ADJUSTMENT APPROVAL Lifeway Church BLA, 157 SW 3561h Street, Federal Way Dear Ms. Marta: The City of Federal Way has completed its administrative land use review for the `Lifeway Church BLA'. The applicant proposes to adjust boundaries between King County tax parcel numbers 302104-9020, 302104-9118, and 302104-9036. The city received your Master Land Use application March 18, 2008, and deemed the application complete April 7, 2008. The comprehensive plan and zoning designation for the subject property is Single -Family High -Density Residential and RS 7.2, respectively. The Department of Community Development Services hereby approves the boundary line adjustment as shown on the survey resubmitted to the city June 12, 2009. CONCLUSIONS 1. All lots resulting from the boundary line alteration will be in conformance with the design standards of the city's subdivision title. 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 RS 7.2 zone. 3. The boundary alteration will not increase the number of lots, nor diminish the size of open space or other protected environments. 4. The boundary alteration will not result in the reduction of setbacks or site coverage to less than prescribed in the RS 7.2 zone. RECORDATION Pursuant to Federal Way Revised Code 18.10.060, all boundary line adjustments shall be recorded with the King County Division of Elections and Records. Please submit one set of mylars and two sets of paper copies with the current King County recording fee ($144.00 payable to the city) to the permit center. The Planning Division will record the boundary line adjustment mylars and route the conformed copy to the applicant. ;i•�}s r y --ie - August 18, 2009 Page 2 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 Matthew Herrera, Associate Planner, at 253-835-2638, or matt.herrera@cityoffederalway. com. Sincerely, Greg Fewins, Director Department of Community Development Services c: Matthew Herrera, Associate Planner 08-101306 Doc. I.D.51166 CITY OF Federal June 22, 2009 Roberta Marta Abbey Road Group 923 Shaw Road, Suite A Puyallup, WA 98372 CITY HALL 33325 8th Avenue South Way Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com RE: File #08-101306-00-SU; RESPONSE To RESUBNUTTAL Lifeway Church BLA, 157 SW 350 Street, Federal Way Dear Ms. Marta: The Department of Community Development Services is in receipt of the June 12, 2009, resubmittal of revised boundary line adjustment (BLA) drawings regarding parcels 302104-9020, 302104-9118, and 302104-9036. The city determined the BLA application complete April 7, 2008, and requested several items be completed prior to approval. The revisions made to the BLA application do not correct item one of the April 7, 2008, complete application/comment letter which stated: "[r]emoving the lot lines of Parcel `B" will result in two single- family dwelling units sharing one parcel." Pursuant to FWCC 22-631, "...not more than one dwelling unit may be located on the subject property regardless of the size of the subject property." Prior to BLA approval, one of the two houses will need to be removed. The Planning Division is aware that the applicant is currently working with the city's Code Enforcement Officers to demolish the dwelling unit located on "Parcel B" of the BLA drawing. The BLA application will remain on hold until the dwelling unit is demolished. Please contact the Planning Division following demolition and the application will be reactivated. If you have any questions regarding this letter or your development project, please contact me at 253-835- 2638 or matt.herrera@cityoffederalway.com. S inc , Matthew Hj'a Associate Planner Doc.1 D 50480 Abbey Road GROUP VA LNN June 12, 2009 Mathew Herrera Associate Planner City of Federal Way Planning Division 33325-81h Ave. S. Federal Way, WA 98063-9718 RE: File #08-101306-00-SU, Lifeway Church BLA Revision, SW 356th St. & 1" Ave. SW, (Our File No. 04- 118) Dear Matt, On behalf of Lifeway Church, the Abbey Road Group Land Development Services Company, LLC. submits the enclosed Revision to the above -referenced BLA application, per our conversation on June 10, 2009. The following items are submitted for the review process: • Revised Proposed BLA Drawings — (5 Plan Sets) Revised Lot Closure Report — (5 Copies) COFW Resubmittal Information Form — (1 Original) The revision to the BLA is an adjustment of lot line for Lot #1 to the south of the existing residential structure, so that it is in conformance of the City's regulations for setbacks. The three lot configuration matches the use as proposed by the applicant in their Master Plan Application. Lot 1 will be utilized by Lifeway Church for the church sanctuary and parking lot building, both Phase I and ll. Lot 3 currently has a Purchase and Sale Agreement with Landmark Holmes (David Litowitz), the developer of the neighboring subdivision to the west of 2"d Avenue, under review with the City of Federal Way. Lot 2 will remain vacant, outside of the proposed Storm Pond. Lifeway Church does not have plans to utilize this lot for future expansion, and has indicated such in their Master Plan. The purpose of the BLA to create this as a separate legal lot is for the potential to sell it in the future for funding for expansion at other off -site locations. Please review the enclosed information provided for the proposed Lifeway Church project. If you should have any questions, comments or need further information, please contact Roberta Marta at (253) 435-3699 ext. 1509. Sincerely, a lara A. Napier Land Development Project Manager BAN/bn Encls: Listed Above cc: Rik Budd, Lifeway Church Roberta Marta, Abbey Road Group HESUBM1TiED REF. Project/04-118/Permit Submittal/BLA/Revision #2 Submittal Letter — 6.12.09 JuN 12 2009 Abbey Road Group Land Development Services Company, LLC PO Box 1224, Puyallup, WA 98371 CITY OF FEDERAL WAY Phone:253-435-3699 Fax: 253-446-3159 BUILDING DEPT. www.abbeyroadgroup.com CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE Resubmittai DATE: December 12, 2008 TO: Kevin Peterson, Engineering Plans Reviewer Scott Sproul, Assistant Building Official Chris Ingham, South King County Fire & Rescue FROM: FILE NUMBER(s): PROJECT NAME: PROJECT ADDRESS ZONING DISTRICT. - LAND USE PERMITS. PROJECT CONTACT: Matt Herrera 08-101306-SU Lifeway Church BLA 119 SW 356t' Street RS 7.2 Boundary Line Adjustment Barbara Napier Abbey Road Group PO Box 1224 Puyallup, WA 98371 253-435-3699 MATERIALS SUBMITTED: Revised BLA and lot closure calcs. AbbeyRoad GROUP ■ ■ December 1, 2008 Mathew Herrera Associate Planner City of Federal Way Planning Division 33325-81h Ave. S. Federal Way, WA 98063-9718 RESUBMITTED DEC 0 2 2008 MY OF FEDERAL WAY BUILDING DEPT. RE: File #08-101306-00-SU, Lifeway Church BLA Revision, SW 3561h St. & 1" Ave. SW, (Our File No. 04- 118) Dear Matt, On behalf of Lifeway Church, the Abbey Road Group Land Development Services Company, LLC. submits the enclosed Revision to the above -referenced BLA application. The following items are submitted for the review process: • Revised Proposed BLA Drawings — (5 Plan Sets) ■ Revised Lot Closure Report — (5 Copies) COFW Resubmittal Information Form — (1 Original) The revision to the BLA is a reconfiguration of the layout of the lots from the original submittal into three lots instead of two. The three lot configuration matches the use as proposed by the applicant in their Master Plan Application. Lot 1 will be utilized by Lifeway Church for the church sanctuary and parking lot building, both Phase I and 11. Lot 3 currently has a Purchase and Sale Agreement with Landmark Holmes (David Litowitz), the developer of the neighboring subdivision to the west of 2"d Avenue, under review with the City of Federal Way. Lot 2 will remain vacant, outside of the proposed Storm Pond. Lifeway Church does not have plans to utilize this lot for future expansion, and has indicated such in their Master Plan. The purpose of the BLA to create this as a separate legal lot is for the potential to sell it in the future for funding for expansion at other off - site locations. Please review the enclosed information provided for the proposed Lifeway Church project. If you should have any questions, comments or need further information, please feel free to contact me at (253) 446-3523. Sincerely, -nag Barbara A. Napier Land Development Project Manager BAN/tr Encls: Listed Above cc: Rik Budd, Lifeway Church Abbey Road Group Land Development Services Company, LLC PO Box 1224, Puyallup, WA 98371 Phone: 253-435-3699 Fax:253-446-3159 www.abbeyroadgrou p.com LOT CLOSURE REPORT LIFEWAY CHURCH LOT 1 Inverse with Area 10/30/2008 CRD File> P:\PROJECTS\2007\2007186\07186closure.crd PNTNO BEARING DISTANCE NORTHING EASTING STATION DESC 670 7071.7480 2132.4671 0.0000 0 S 88034127" E 537.4700 671 7058.3742 2669.7707 537.4700 CLOSURE RADIUS: 25.0000 CHORD: 35.4543 DEGREE: 229010159" DIR: RIGHT LENGTH: 39.4100 DELTA: 90*19116" TANGENT: 25.1405 CHORD BRG: S 43024149" E RAD-IN: S 01025133" W RAD-OUT: N 88015111" W RADIUS PNTNO: 673 N: 7033.3820 E: 2669.1486 674 7032.6198 2694.1370 576.8800 CLOSURE S O1°44'49" W 204.8600 675 6827.8550 l2687.8918 781.7400 CLOSURE S 88034127" E 12.0000 676 6827.5564 2699.8881 793.7400 CLOSURE S 01044149" W 58.0000 677 6769.5834 2698.1199 851.7400 CLOSURE N 88°18100" W 626.1400 678 6788.1586 2072.2555 1477.8800 CLOSURE N 01042156" E 284.5300 679 7072.5611 2080.7737 1762.4100 CLOSURE RADIUS: 2822.9300 CHORD: 51.7048 DEGREE: 02001,47" DIR: RIGHT LENGTH: 51.7055 DELTA: 01002158" TANGENT: 25.8535 CHORD BRG: S 89005156" E RAD-IN: S 00022135" W RAD-OUT: S 01025133" W RADIUS PNTNO: 680 N: 4249.6920 E: 2062.2294 681 7071.7479 2132.4721 1814.1155 CLOSURE Closure Error Distance> 0.0050 Error Bearing> N 88°55144" W Closure Precision> 1 in 364253.95 Total Distance Inversed> 1814.1155 Area: 176508.8 S.F., 4.05 Acres RESUBMITTED DEC o 2 2aoa for CITY OF FEDERAL. WAY � � 963� �-LQ �Lf O NG ❑ERT- ° � 5f FGrstti. ..- !( L LP,14D XPIRE5 ,. 23/a9 Page 1 of 2 LOT CLOSURE REPORT LIFEWAY CHURCH LOT 2 Inverse with Area 10/30/2008 CRD File> P:\PROJECTS\2007\2007186\07186closure.crd PNTNO BEARING DISTANCE NORTHING EASTING STATION DESC 678 6788.1586 2072.2555 0.0000 CLOSURE S 88018'00" E 626.1400 677 6769.5834 2698.1199 626.1400 CLOSURE S 01°44'49" W 331.5200 682 6438.2175 2688.0135 957.6600 CLOSURE N 88°46'38" W 625.9800 683 6451.5758 2062.1760 1583.6400 CLOSURE N 01°42'56" E 336.7400 684 6788.1649 2072.2572 1920.3800 CLOSURE Closure Error Distance> 0.0065 Error Bearing> S 15009152" W' Closure Precision> 1 in 295986.68 Total Distance Inversed> 1920.3800 Area: 209179.1 S.F., 4.80 Acres LOT CLOSURE REPORT LIFEWAY BLA LOT 3 Inverse with Area 3/14/2008 CRD File> P:\PROJECTS\2007\2007186\07186closure.crd PNTNO BEARING DISTANCE NORTHING EASTING STATION DESC 608 3918.204 1416.997 0.000 CLOSE ORG S 01043152" W 661.910 624 3256.596 1397.001 661.910 CLOSE ORG N 88°51'43" W 327.820 625 3263.107 1069.246 989.730 CLOSE ORG N O1042156" E 662.390 632 3925.200 1089.076 1652.120 CLOSE ORG S 88°46'38" E 327.990 633 3918.201 1416.992 1980.110 CLOSE ORG Closure Error Distance> 0.0059 Error Bearing> N 62°23133" E C Closure Precision> 1 in 332992.59 Total Distance Inversed> 1980.110•. /��J� Area: 217113.7 S.F., 4.98 Acres Page 2 of 2 CITY OF Federal July 8, 2008 Barbara Napier Abbey Road Group 923 Shaw Road, Suite A Puyallup, WA 98372 CITY HALLFILE 33325 8th Avenue South Way Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www cityoffederalway. com RE: FILE #08-101306-00-SU; WETLAND CONSULTANT REVIEW Lifeway Church BLA, 119 SW 356`' Street, Federal Way Dear Ms. Napier: On June 11, 2008, the City of Federal Way received your payment for wetland consultant review service regarding the existence of a Category III wetland on the above -referenced property. The City's wetland inventory has designated a portion of the subject property a Category III wetland. Pursuant to Federal Way City Code (FWCC) 22-1356, any development activity within 200 feet of wetland areas require the applicant to submit a wetland report prepared by a qualified professional approved by the City. On May 8, 2008, the City received three wetland reports, two prepared by B-Twelve Associates, and one prepared by Sewall Wetland Consulting_ The Planning Division forwarded these documents to the City's wetland consultant ESA Adolfson for review. FINDINGS Analysis performed by ESA Adolfson, which included document review and on -site field visit, concluded that wetland 30-21-4-143 does not meet the criteria of a Category III wetland pursuant to FWCC 22-1357 and as shown on the City's Critical Areas map. ESA Adolfson concurs with findings from the undated determination by Sewall Wetland Consulting. A field visit conducted by Project Scientist Laura Brock, concluded no existence of a wetland on or within 200 feet of the subject property. CLOSING Please find the enclosed copy of the wetland analysis performed by ESA Adolfson. No further wetland investigation is required with regard to your current development project. If you have questions regarding this letter or your BLA application, please contact me at 253-835-2638 or matt.herrera@cityoffederalway.com. Sincerely, ,/ Matthew Herrera Associate Planner enc: ESA Adolfson Wetland Status Verification Letter Doc 1 D 46172 5309 Shilshole Avenue NW Suite 200 Seattle, WA 98107 206.789.9658 phone 206.789.9684 fax July 3, 2008 Matthew Herrera City of Federal Way Department of Community Development Services PO BOX 9718 Federal Way, WA 98063 Subject: File 408-101306-SU, Lifeway Church Wetland Status Verification Dear Matthew: www.adolf,- RECEIVED BY COWU IITYflEVELOPMENT DEPARTMENT JUL 0 7 2008 ESA Adolfson is pleased to present our review of the Lifeway Church wetland reports submitted to the City of Federal Way (City) for Barbara Napier. The subject properh, is located at 119 SW 3560' Street in Federal Way, Washington. Several small residential buildings are located on the northern half of the subject property, with the southern half composed of mixed deciduous -coniferous forest. The Federal Way Wetland Inventory (Federal Way, 2007) identifies one wetland, 30-21-4-143, along the southern portion of the subject property. The purpose of this review is to verify the status of Wetland 30-21-4-143. Review comments included in this letter are based on regulatory requirements presented in the Federal Way Municipal Code (FWMC) Chapter 22, Title XIV — Critical Areas, a review of materials submitted by the City on - June 16, 2008, and a site visit conducted by ESA Adolfson biologists on June 23, 2008. Document Review For this review, ESA Adolfson evaluated the following materials received from the City on June 16, 2008: • Welland Determination. Letter (B-Twelve Associates, Inc., October 29, 1998) • Wetland Determination Letter (B-Twelve Associates, Inc., July 25, 2003) • Wetland Determination Letter (Sewall Wetland Consulting, Inc., undated) • Zoning Map No. 94 (Federal Way, July 2007) The Wetland Determination Letter dated October 29, 1998 refers to parcels located to the west of the subject property, between 2"d Ave SW and 3`d Ave SW (Attachment 1). Wetland 30-21-4-143 is not mentioned in the letter. The July 25, 2003 Wetland Determination Letter investigated the adjacent parcels to the west of the subject property (Attachment 1). The report mentions the presence of an off -site wetland to the east, in the area of Wetland 30-21-4-143, and indicates that the wetland was flagged along its southern edge in an area that appeared to be recently cleared. According to the July 2003 letter, the wetland extended to the north (on the subject property) beyond the wetland flagging. The undated Wetland Determination Letter describes the results of a field investigation of the subject property, conducted on March 26, 2008 (Attachment 1). The letter mentions historic logging and land grading activities on the property, but notes that the southern forested portion has remained undisturbed for several years. Soil pits ESAAdolfson J Lifeway Church Weiland Status Verification July 3, 2008 Page 2 excavated in the area of Wetland 30-21-4-143 had bright chromas (3 and 4) and were dry during the March 26, 2008 site visit; no wetland was found. Field Visit A site visit was conducted by ESA Adolfson biologists Laura Brock and Rachel Hulscher on June 23, 2008 to verify the status of Wetland 30-21-4-143. During the site visit, ESA Adolfson observed that the southern portion of the property slopes down to the south and is forested with a mix of deciduous and coniferous trees, dominated by Douglas fir (Pseudolsuga menziesii, FACU) and red alder (Alnus r•ubra, FAC). Salmonberry (Rubus spectabilis, FAC+) and stinging nettle (Urtica dioica, FAC+) dominate the understory, with patches of swordfern (Polystichum munitum, FACU) interspersed. Uneven, hummocky terrain and degrading tree stumps suggest historic disturbance, such as logging and grading. However, the presence of large trees and dense understory indicates that the property has been undisturbed for several years. During the site visit, a small depression was observed in the area where Wetland 30-21-4-143 is mapped. No wetland boundary flagging was observed; however, ESA Adolfson biologists located the Sewall data plot (DP- 1). Stinging nettle and salmonberry were the dominant vegetation at the time of the site visit, with large red alders surrounding the area. Soils throughout the depression and adjacent to the Sewall data plot were examined. ESA Adolfson biologists observed loamy sands and sandy loams with bright chromas (3 and 4) below the first layer of soil. Soils were also dry throughout, and there were no other hydrologic indicators (e.g. water marks, drift lines, oxidized rhizospheres, etc.) observed during the June 23, 2008 site visit. Conclusions and Recommendations Based on the conditions ESA Adolfson observed during the June 23, 2008 site visit, and information contained in the wetland determination letters provided by the City, especially the undated letter from Sewall Wetland Consulting, Inc. describing conditions in the early growing season of 2008, we agree that the area where Wetland 30-21-4-143 is mapped does not meet hydric soil or wetland hydrologic criteria, and therefore is not a regulated wetland according to FWMC Chapter 22, Title XIV. No further investigation is recommended at this time. Sincerely, ESA Adolfson, Inc. Laura Brock, Project Scientist cc: Lizzie Zemke, Project Manager Attachment 1: Site Map Area Investigated during 1998 Field Visit (B-Twelve Associates) Area Investigated during 2003 Field Visit (B-Twelve Associates) _ r} k MCIHS; A� r �ju -- _ - SW 3561 ST { r man / �Y rm as s�c - � - J Site 1 RS7 � — - ■i�1a ra Area Mapped — - as Wetland T 30-21-4-143 �rar � arr 111� � � • � ■ � rtK - N Attachment 1: Site Map (Federal Way Wetland and Zoning Map, 2007) CITY OF �. Federal June 12, 2008 CITY HALL 33325 8th Avenue South Way Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com Ms. Lizzie Zemke ESA Adolfson 5309 Shilshole Avenue NE, Suite 200 Seattle, WA 98107 RE: File #08-101306-SU; AUTHORIZATION TO PROCEED Lifeway Church — Wetland Status Verification Dear Ms. Zemke: The purpose of this letter is to authorize the services of ESA Adolfson in verification of the wetland status for the Lifeway Church property. Authorization to Proceed In a May 12, 2008, Wetland Consultant Authorization Form, the City requested an estimate from Adolfson for verification of the wetland at the Lifeway Church property. Your task authorization #207004-45-A for wetland status verification, dated May 25, 2008, indicated that a budget of $1,500.00 would be appropriate for the identified tasks. At this time, funds in the amount of $1,500.00 have been received by the City. Please sign and return a copy of the enclosed wetland consultant task authorization. A final copy signed by the applicant will be forwarded to your attention. Please consider this letter as an authorization to proceed with your review as detailed in the City's May 12, 2008, Authorization Form, and per your May 25, 2008, Task Authorization. If you have any questions regarding this request, please contact me at 253-835-2638 or matt.herrera@cityoffederalway.com. Sincerely, � �, —7�- 4— � , Matthew Herrera Associate Planner enc: Wetland Consultant Authorization Form signed by City & Applicant May 25, 2008, signed Adolfson Task Authorization Doc I.D. 45838 RECEIVED BY O®MMUN9TY DEVELOPMENT DEPARTMENT 4 CITY OF 4 ��� Federal Way Date: JUN 112008 WETLANDS CONSULTANT AUTHORIZATION FORM May 12, 2008 City: City of Federal Way Department of Community Development Services PO Box 9718 Federal Way, WA 98063-9718 Consultant: Lizzie Zemke Adolfon Associates, Inc. 5309 Shilshole Avenue NW, Suite 200 Seattle, WA 98107 Project: Lifeway Church — Wetland Status Verification File No.: 08-101306-SU Project Proponent: Barbara Napier Abbey Road Group, LLC. 923 Shaw Road, Suite A Puyallup, WA 98372 206-498-3960 Project Planner: Matthew Herrera, Associate Planner (253-835-2638) Documents Provided: o Wetland Determination Letter prepared by B-Twelve Associates, Inc. dated October 29, 1998, stating no wetland existence on the subject property o Wetland Determination Letter prepared by B-Twelve Associates, Inc. dated July 25, 2003, verifying the existence of a small wetland area in the area the City's Wetland Inventory shows a Category II wetland. o Wetland Determination Letter prepared by Sewall Wetland Consulting, Inc., undated, stating no critical areas are located on the property o Zoning Map No. 94 Background: Applicant has submitted a Boundary Line Adjustment (BLA) for the subject property. According to the City's critical area inventory, a Category III wetland (30-21-4-143) exists on the subject property. Federal Way City Code (FWCC) 22-1356 requires a wetland report to verify the existence; and if it exists, determine the category and precise boundaries of the regulated wetland. The subject properties are 119 SW 356'b Street and 35813 1" Avenue South. 08-101306 Doe.I D. 45364 Task Scope: The applicant has submitted three determination letters. The determination letter completed in 2003 confirms the existence of a small wetland in the area the City believes a wetland exists. The City's Planning Division seeks verification of the status of Wetland 30-21-4-143. 1) Review submitted documents for conformance with FWCC Article I — Defmition of wetland; Article XIV, Section 22-1356 - Determination of wetland and regulated wetland. 2) Provide memorandum identifying additional information requested as necessary. 3) Conduct site visit as necessary. 4) Provide written response as to status of Wetland 30-21-4-143. Task Schedule: Provide task cost estimate by May 27, 2008. Task Cost: Not to exceed M.-500.00 without a prior written amendment to this Task Authorization. (The total task amount to be filled in by planner after the consultant returns this form with all items filled out including the total work estimate and said estimate has been approved by the Project Planner.) Acceptance: 08-101306 Doc. LD. 45364 FILE 1�kCITY OF Federal Way May 28, 2008 Ms. Barbara Napier Abbey Road Group, LLC 923 Shaw Road, Suite A Puyallup, WA 98372 CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www. cityoffederal way. com RE: File #08-101306-SU; WETLAND CONSULTANT REVIEW ESTIMATE Lifeway Church BLA Dear Ms. Napier: ESA Adolfson (Adolfson), the City's wetland consultant, was asked to provide an estimate for their review of information submitted by you, which includes: Wetland Determination Letters prepared by B- Twelve Associates, Inc. dated October 29, 1998, and July 25, 2003; and an undated Wetland Determination Letter prepared by Sewall Wetland Consulting, Inc. The Adolfson task authorization and task scope is enclosed. The normal course of action is for the City to set up an account to be funded by the applicant and drawn down by the work performed by Adolfson. Please note that if any of the funds are not used, they will be returned to the applicant_ At this point, please review the proposed Adolfson task authorization_ If you agree with the cost estimate, a check in the amount of $1,500.00, payable to the City of Federal Way, must be submitted before the review will commence. Following receipt, the City will authorize Adolfson to begin their formal review. Also, please find the City's Wetland Consultant Task Authorization for wetland status verification of the Lifeway Church property. Please sign and return this form with the wetland review fee. If you have any questions regarding this letter or the cost estimate, please contact me at 253-835-2638 or matt.herrera@cityoffederalway.com. Sincerely, t Matthew Herrera Associate Planner enc: ESA Adolfson Consultant Task Authorization dated May 25, 2008 City of Federal Way Wetland Consultant Task Authorization Wetland Review Invoice Doc I D 45596 f Sewall Wetland Consultinci, Inc. Rick Budd Nehemiah Group LLC Life Way Church 33337 12`h Avenue SW Federal Way, WA 98023 Re: Wetland and Stream Determination SWC Job #A8-123 Mr. Budd, Per your request we have inspected your property for jurisdictional wetlands and streams on and within 315-feet of the property. The property is located at 119 SW 356th Street (parcels 3021049036 and 3021049118) Federal Way, Washington. METHODOLOGY Sewall Wetland Consulting, Inc. visited the site on March 26, 2008. A combination of field indicators, including vegetation, soils, and hydrology was used to determine whether wetlands are present on the site. The site was inspected using methodology described in the Washington State Wetlands Identification Manual (WADOE, March 1997). This is the methodology currently recognized by the City of Federal Way and the State of Washington for w�6;v8ITiED MAY, Q 9 2008 Cl BWAY BUILDING DEPT. Re: Lynch Creek Determination SWC Job #A8-118 March 3, 2008 Page 2 of 3 determinations and delineations. Wetland areas would also be considered wetlands when using the methodology described in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, 1987/1989), as required by the US Army Corps of Engineers. Streams would be identified by the presence of a naturally defined channel that contains flowing surface water at some time of the year. OBSERVATIONS The site has been historically disturbed through logging and land grading activities. However, the majority of the site appears to haven been left undisturbed for the last several years. Dominant vegetation on the property included Big Leaf Maple (Acer macrophyllum), Black Cottonwood (Populus balsamifera), Red Alder (Alnus rubra), Bitter Cherry (Prunus emarginata),Vine Maple (Acer circinatum), Indian Plum (Oemleria cerasiformis), Red Elderberry (Sambucus racemosa), Salmonberry (Rubus spectabilis), Scot's broom (Cytisus scopairus), Himalayan Blackberry (Rubus armeniacus), Stinging Nettle (Urtica dioica), Salal (Gaultheria shallon), and Sword Fern (Polystichum munitum). Soil pits excavated on the property revealed a 16-inch layer of gravelly sandy loam with a color of 10YR 3/3. Soils on the property were dry within 16-inches of the soil surface. According to the City of Federal Way Zoning and Wetland Atlas, there is a wetland located along the southern property boundary. An early growing season field investigation revealed that this area is comprised of Stinging Nettle (Urtica dioica) FAC+, Salmonberry (Rubus spectabilis) FAC+, Black Cottonwood (Populus balsamifera) FAC+, Indian Plum (Oemleria cerasiformis) FACU, and western trillium (Trillium ovatum) FACU. Soil pits excavated within the area revealed a 4-inch layer of gravelly, sandy loam with a color of 10YR3/3, from 4-6 inches soil colors were 10YR 3/4 and from 6-16 inches the soil matrix color was 1 OYR 3/2 with few fine distinct redoximorphic features. However, soils within this area were dry during the time of our field investigation. Since the soils were dry from the surface to below a depth of 16 inches, it is highly unlikely that the presence of soil saturation to the surface would be present for more than 5 percent of the early growing season. ., I + SITE Early Growing Season Evaluation and Data Point 07 RS7.2 I Re: Lynch Creek Determination SWC Job #A8-118 March 3, 2008 Page 3 of 3 U%# F .! - j SW 356TH ST s RS7. ,u,o„ew mneuex %7.2 s 359N rroe �eeeue No surface water channels, scouring or other indicators of a stream were present on the site. Therefore, it is our professional opinion that there are no critical areas on or within 300-feet of the site. If you have any questions or need any additional information please contact our office at 253.859.0515 or by e-mail at awill@sewallwc.com . Sincerely, Sewall Wetland Consulting, Inc. J. Aaron Will Wetland Scientist File:A8-123 Life Way Church Determination letter.doc B-twelve Associates, Inc. 1103 W. Meeker St. (v) 253-859-0515 Kent, WA 98032-5751 (f 253-852-4732 (e) info@bl2assoc.com July 25, 2003 Mr. Rick Budd Calvary Community Church 33337 12`h Ave. SW Federal Way, WA 98023 RE: Wetland Determination Calvary ChurchProperty Dear Rick, Per your request we have visited the "Church" property located along the south side of SW 356th Ave. in Federal Way. B-twelve initially investigated the site in October, 1998. At that time we concluded that no wetlands or streams are present on the 20-acre property. My site investigation confirmed our initial determination that no wetlands or streams are present on the church property. Methodology Sue Burgemeister visited the site on May 7, 2003 and again on July 25, 2003 to determine whether jurisdictional wetlands are present. On both occasions the property owner walked the site with me and confirmed his understanding of the property boundaries. The purpose of the site visit was to identify any wetlands and/or streams on or evident within 100' of the property. A combination of field indicators (including vegetation, soils, and hydrology) were used to determine the presence of a wetland. The site was inspected using the methodology described in the Washington State Wetlands Identification Manual (WADOE, March 1997) and the 1987 US Army Corps of Engineers manual. This is the methodology recognized by the King County for wetland determinations and delineation's at the time of our fieldwork. Prior to visiting the site, a review of several resources was conducted. These resources included the King County Soil Survey, King County Sensitive Area Folio, and the City of Federal Way wetland inventory. Soil Survey According to the King County Soil Survey, the entire site is mapped Everett series soils. Everett series soils are not considered "hydric" soils according to the publication HydricRYW8MITTED United States (USDA NTCHS Pub No.1491, 1991). MAY; 0 9 2008 CITY OF FEDERAL WAY BUILDING DEPT. Gf-,A,--Xplorer ` RE: Calvary Community Church B-twelve Associates, Inc. July 25, 2003 Page 2 of 3 King County Sensitive Areas Folio According to the King County Sensitive Areas Folio and Imap, there are no wetlands and/or streams on the property. National Wetlands Inventory According to the US Fish and Wildlife National Wetlands Inventory Map for the area of the site, there are no wetlands or streams on the site. City Federal Way Wetland Inventory According to the Federal Way Inventory no wetlands are present on the site. AMW "• 'f��A� RE: Calvary Community Church B-twelve Associates, Inc. July 25, 2003 Page 3 of 3 OBSERVATIONS On -site Four residential homes, associated driveways and yard areas are present on the site. Three of the homes are located in the northern third of the property; the fourth home is located near the southern end of the site. Except for the home sites, the site is undeveloped mature coniferous forest. Vegetation in the undeveloped portions of the site is comprised of mature coniferous forest dominated by a mix of Douglas fir, western hemlock and western red cedar. Understory is very light due to heavy forested canopy. Understory vegetation includes red elderberry, sword fern, Oregon grape, salal and Indian plum. Soils were comprised of forest duff from 3-6 inch throughout the site and sandy loam, 10 YR 5/4 below the duff. No hydrology or evidence of hydrology was present on the site. A small area approximately 500 square feet in size located south of the southernmost yward area was investigated for wetland characteristic due to the vegetation. The area appears to be an abandoned roadbed including old fill material that is not consistent with surrounding soils. There was no evidence of hydrology at the surface or in the soils. Off -site A small wetland area is present off -site approximately 40-50 feet to the east of the church property. The edges of the southern portion of the wetland are marked with wetland flags. The flags are in an area that appears to have been recently cleared. Although the wetland continues to the north, it remains off -site from the church property. Depending on the size and classification of the wetland, its buffer could extend some distance into the church property. Conclusions My investigation confirmed that no wetlands or streams on the site. Buffers from one small off - site wetland to the east of the property may extend onto the site. Please call me if we can answer any questions. Sincerely, B-twelve Associates, Inc. Susan L. B6rgemeister President File: sb\98-196 Calvary Ltrr.doc JAN-03-01 WED 02:51 PM .E S CONSULTING EKG FAX NO. 25383871, P. 02 B-twelve Associates Inc. i103 W. MookerSt. (v)253•K5�•OS}S $uitc C (0 253-852.4732 Kam, WA98032-57$1 (o) Missoogcompusewe.com • 356' PROPERTY ' CITY OF FEDF,RAL WAY DETERKMA.TION LETTER PREPARED FOR: NRt. DICK SHROMER HAPPY VALLEY LA39D CO. P.O, BOX 1324 ISSAQUAH, WA 98021 PREPARED BY.@ I3,TWELVE ASSOCIATES, INC. 1103 W. MEEKER STAEET, SUITE C KENT, WA 98032 B-TWELVE JOB #98-196 OCTOBER 29, 1998 RESUBMITTED MAY 0 9 2008 CITY OF FEDERAL WAY BUILDING DEPT. JAM-03 01 WED 02;51 PM E CONSULT1KG ERG FAX NO. 2588387, P. 03 -t,wel ve,Assodates 1103 W. Mocker St. Suite C Kent, WA 98032-5751 356ru PROPERTY CITY OF FEDERAL WAY DETERMINATION LETTER 1.0 INTRODUCTION. 1.1 Loeation (v) 253-859-05 t 5 (Q 253.8$2.4732 (a) b 12assoc(('Ycampusctvc,eom This letter discusses the wetland determination that concluded that there are no jurisdictional wetlands present on the 355th Property located between 34 Ave. 5W and Avc. $W, south of S. 3561 Street in Federal Way, Washington. Specifically, the site Is located in a portion of the NE tla of Section 30, Township 21 North, Range 4 East of the W.M. in King County, Washington. It should be, noted that the property corners were not marked during our investigation. 2.0 METHODOLOGY Ed Sewall and Valerie Shillam rcviowed the property fox jurisdictional wetlands on Sepre ibex 22, 1998. Based on the following, methodology, there is no area on the site - that meets the necessary criteria to be considered a wetland. A combination of field indicators, including vegetation, soils, and hydrology were used to determine wetland edges. The methodology used to identify any jurisdictional wetlands on the,slie is described in the Federal Mental for Identifying and Delineating .Ittrlsdlcrlonal Wetlands, 1989 edition (Unified Federal Manual) as required by the City of Federal Way. The wetland area identified would also not be considered a wetland using the rnethadology described in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, 1987), as required by the State of Washington and the US Army Corps of Engineers. The 1987 Federal Manual requires the use of the three parameter approach in Identifying and delineating wetlands. A wetland should support a predominance of hydrophytic vegetation, have hydro soils and display wetland hydrology. To be considered hydtophydo vegetation, over 50% of the dominant species in an area must have an indicator status of facultative (FAQ, facultative wetland (FACW), or obligate wetland (OBL), according to the AIational List or Plant Species That Occur in Wetlands: Northwest (Region 9) (heed, 1988). A hydro soil is "a soil that is saturated, hooded, or ponded long enough during the growing season to develop JAN-03-01 WED 02!52 PH E S �CONSULTIRG ENG FAX NO, 25383871 —) P. 04 35& PrnprsrivlB-rwelveJaG1193-196 I3-twelv1.1 Assuciritet, Iru•. October 29,1998 " ?q,-, 2 anv,erobie conditions in the upper part". Anaerobic conditions are indicated in the field by soils with low chroncas (2 or less), as determined by ustnp rite Munseii Sail Color Charts; iron oxide mottles; hydrogen Sulfid9 odor and other indicators. Generally, wetbmd hydrology is defined by inundation or saturation to the surface for a consecutive. period of 12.5 % ❑r greater of the growing season. Areas that Contain indicators of wetiand hydrology between 5 %-12.5 % of rite growing season may or may not lea wetlands depending upon other indicators. Field indicators include visual observation of soil inundation, saturation, oxidized rh'szosplicres, water marks on trees or other fixed objects, drift lines, etc, Under nprmai circumstances, indicators of all three parameters will be present in wetland areas. 3.0 OBSFRVATXONS 3.1 Existing Site Documentation Prior to visiting the site, a review of several natural resource inventory maps was conducted. Resources reviewed included the King County Soil Survey (Snyder et al. 1973), National Wetlands lnvdraory Map, and the King County Sensitive Areas Folio, The inventories did not show any wetlands, screams or wetland soils on or neat the site. , 3.2 Field observations The site has four residential homes, associated driveways and yard areas present an the property. Thxee of the Itomes ors located in the northern third of the property and the fourth home is centrally located on the eastern half of the site. The remaining portion of the site is mature forest. B-twelve investigated the site and determined that no area on the site met the necessary criteria to be considered a wetland. An area approximately 500 square feet in size, located south of Elie southernmost yard area was suspected to contain wetland characteristios due to its vegetation. However the vegetation teas very Vaxse and only provided approximately 50% cover, leaving the re113aining soil absent of vegetation. The area appears to be an aiaandoaed road composed of old fill material that is not consistent with the surrounding soils. This area also did not possess any evidence of hydrology. Therefore, the area did not meet the necessary hydrology and soil criteria required to be considered a wetland. A data sheet documenting this data has been anclosed,with this letter. A G105ed deprEssion located off-siteit) tll� St)Uth'N�St W2S sllSpOGted tQ c8ntain wetland characteristics. However, the area did not meet any of the necessary criteria of hydrology, vegetation and soils required to be a wetland. In addition, the area of 3AN-03-01 WED 02:53 Phi E CONSULTING ENG FAX NO, 2538387 ) P. 06 I t 35tS° p, rq,YnvfB-rwrha lrl�x��•19b October 29,1998 concern is approximately 200 feet from the property boundary and thus any buffers a.ssoclated with a sensidvo area would not overlap onto the site. 4.0 C014CLUSION B; twelve concludes that thero is no area located on the site that meets the necessary criteria to be considered a jurisdictional wetland. If you have any questions in regards to this letter or need additional information, please feel free to contact Our offica at (253) 859.0515, Sincerely, B-twelve Asscclares, Inc. , Ed Sewall Senior Wetland Ecologist rilm vsi9806 tndaa 1-1 Valerie, Shill -am Scientist 1 jars-ud-ul wtu U60.1 rt't i 111 UuMuLIM t:NU rijn nu. e0aujr'_`)11 r, ua 35V* Properry1B•tsvelve Job#99-196 8-tsv41ve Afrnclru#s+ Inc. ocrvbw 29, 1998 REFERENCES Cowardin, L., V, Carter, T'. Golet, and B. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service, FWS/OBS»79-31, Washington, D. C. Environmental laboratory. 1987. -Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, U. S. Army Corps of Engineers Waterways Experiment Station, Vicksburg, Mississippi. Hitoheock, C. and A. Cronquist. 1976. Flora of the Pacific Northwest. University of Washington press, Seattle, Washington. King County Planning Division. 1983. King County Wetlands Inventory Notebook, Vol.s 1-3. King Comity Courthouse, Seattle, Washington. City of Federal Way Code. Muller-Dombois, D, and H. F1lenberg. 1974. Aims and Methods of Vegetation )Ecology. John Wiley & Sons, Inc. New York, New York. Munsell Color. 1988. Munsell Soil Color Charts. Kollmofgen Instruments Corp., Baltimore, Maryland. National Technical Committee for Hydric Soils, 1991. Hydric Soils of the United States. USDA Misc, Ptxbl. No. 1491, Reed, ] ., Jr. 1988. National List of Plant Species that Occur in Wetlands: Northwest (Region 9). 1988, U. S. Fish and Wildlife Service, Inland Freshwater Ecology Section, St. Petersbufg, Florida, Reed, P.B. Jr. 1993. 1993 Supplement to the list of plant species that occur in wetlands: Northwest (Region 9). USFWS supplement to Biol, Apt, 88(26.9) May 1988, Snyder, D., F. Gale, and R. Pringle. 1973. Soil Survey King County Area Washington. U.S.D.A., Soil Conservation Service, Washington, D.C. USDA NRCS & National Technical Committee for Hydrio Soils, September 1995. Field Indicators of Hydric Soils in the United States - Version 2.1 Washington State Dept. of Ecology. 1987. Washington State Wetlands Identification and Delineation Manual. Pub. No. 96-94 ENGINEERING SURYMNG LAND PANNING � 30]BCT MANAGEMENT April 16, 2001 Mr. Frank Needham MtnFanCo 985 Kendall Road Sequim, Washington 98382 P.O. B=2199 • 935NorlIM&Awam ,. Squim, Wasli ftfon 98382 Offlce (360) 681.2161 • Fax (360) 683 5310 F•7ollFresl-888G812f61 • P•inalklr{fac�clarklarrdco�n Subject: Proposed Calyary Community Church 35615,P Avenue SW, Federal Way, City of Federal 1'lllay File No. 00.105612-00-PC Dear Frank: On February 13, 2001, Clark Land Office was contracted to perform a site Investigation and wetiand determination on the subject property. The purpose of the Investigation was to determine if wetlands occur on or within 200 feet of the property. The property is located between 31d Avenue, SW and 2"d Avenue SW, south of 350h Street In Federal ' Way. The property Is partially developed -with five single-famlly dwellings with associated appurtenances. Prior to the site Investigation, research was performed and materials gathered from the following sources: • 1997 Washington State Wetland Identification and Delineation Manual; Washington State Department of Ecology • 1987 Corps of Engineers Wetland Delineation Manual (Corps Manual) • National Wetland Inventory Maps, U.S. Fish and Wildlife Service • City of Federal Way Environmentally Sensitive Areas Maps, Federal Way City Hall • City of Federal Way Environmentally Sensitive Areas Ordinance The current ordinances and regulations roquire examination of three parameters for wetland presence: hydrophytic vegetation, hydric lolls, and evidence of wetland hydrology. For an area to be classified as a wetland, the area must exhibit all three Indicators. The entire property was walked and traversed to observe vegetation, solls, and hydrology. In addition, adjacent properties were reviewed and walked for presence of Mr. Frank Needham April 16, 2001 Page 2 of 2 pages wetlands within 200. feet of the property. Although wetland Indicators were not present within the property, additional attention was focused off the property In the southwest corner. A depression In the landscape exists In this area (Appendix A). Given the topography In this area, assumptions could be made that this area would collect surrounding runoff and drainage, thus the reason for further investigation. The vegetation In this depression was comprised of salmonberry, alder, cedar, and sword fern, The soils in this vicinity were loamy sand -with non-hydrio soil Indicators (high chroma values). Wetland hydrology was not present. The Investigation took plaae.in the winter after a period of rain. The soils were not wet nor were they saturated. In the areas of blown trees, a large hole is left In the ground. In these areas, the hales were dry with no presence of water marks or stained leaves. Given these A facts, wetlands are not present, Although an extensive wildlife habitat survey was not completed, the following wildlife signs -were noted during the field investigation. Signs of small woodpeckers were seen` - in snagd•nn tlje property. The type of.woodpecker-Is most likely Downy or Fled -Bellied ` woodpecker and not a larger species such as the Heated woodpecker. Other wildlife signs seen were small songbirds, blue lays, crows, raccoon, opossum, moles, and mice. No signs of larger mammals were noted. SUMMARY Based upon the site investigation and findings, It was determined that no jurisdictional wetlands are present within the Calvary Community Church property. In addition, no wetlands are present in the depression In the topography In the southwestern portion of the property. Further, the wildlife signs present on the propert? did not warrant further Investigation, If you need further assistance or more Information, please do not hesitate to call our office at 681-2161. Sincerely, CLARK LAND FFI Nan . Mc e 1 Wetland Specialist 8 vu :5 OPERATING AGREEMENT OF NEHEMIAH GROUP, L.L.C. A WASHINGTON LIMITED LIABILITY COMPANY THIS OPERATING AGREEMENT ("Agreement") is entered into as May 13, 2005, by and among the persons who have signed the signature page of this Agreement (each referred to herein as a "Member" or collectively as the "Members" or "Parties"). FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the Parties covenant, contract and agree as follows: ARTICLE 1 FORMATION OF LIMITED LIABILITY COMPANY 1.1 Formation of LLC. The Parties have formed a Washington limited liability company named NEHEMIAH GROUP, L.L.C. ("LLC") The operation of the LLC shall be governed by the terms of the Agreement and the provisions of the Washington Limited Liability Company Act (Revised code of Washington Title 25 Chapter 25.15) hereinafter referred to as the "Act." To the extent permitted by the Act, the terms and provisions of this Agreement shall control if there is a conflict between such law and this Agreement. The Parties intend the LLC shall be taxed as a Partnership. Any provisions of this Agreement, if any, that may cause the LLC not to be taxed as a Partnership shall be inoperative. 1.2 Certificate of Formation. The LLC was formed when the Certificate of Formation was executed and filed with the office of the Secretary of State of the State of Washington in compliance with the Act. 1.3 Purposes. The purposes of the LLC shall be to acquire real and personal property, including certain real property located in Federal Way, Washington to be acquired for the ultimate benefit of Lifeway Church; to hold, improve, mortgage, lease, exchange, sell, dispose of and otherwise deal with such property and any property hereafter acquired by or contributed to the LLC, in any manner whatsoever; and to conduct any other activity authorized under Washington law for limited liability companies. 1.4 Rezistered Office and Re istered Agent. The registered office and place of business of the LLC shall be as set forth in the LLC's Certificate of Formation as the same may be amended from time to time. The Members may change the registered office and/or the registered agent from time to time. 1.5 Duration. The LLC will commence business as of the date of filing and will continue in perpetuity. 1.6 Fiscal Year. The LLC's fiscal and tax year shall end December 31. Page 1 1.7 Rights of Creditors and Third Parties. This Agreement is entered into among the LLC and the Members for the exclusive benefit of the LLC, its Members and their successors and assigns. The Agreement is expressly not intended for the benefit of any creditor of the LLC or any other person. Except and only to the extent provided by applicable statute, no such creditor or third party shall have any rights under the Agreement or any agreement between the LLC and any Member with respect to any contribution or otherwise. 1.8 Title to Property. All LLC property shall be owned by the LLC as an entity and no Member shall have any ownership interest in such property in the Member's individual name or right, and each Member's interest in the LLC shall be personal property for all purposes. Except as otherwise provided in this Agreement, the LLC shall hold all LLC property in the name of the Company and not in the name or names of any Member. ARTICLE 2 MEMBERS 2.1 Initial Members. The initial Members of the LLC and their percentage interests in the LLC are as set forth on Exhibit A attached hereto. 2.2 Additional Members. New Members may be admitted only on consent of the Majority of the Members (as defined in Section 3.2) and upon compliance with the provisions of this Agreement. ARTICLE 3 MANAGEMENT 3.1 Management. Except for matter requiring a greater vote or consent as set forth in this Agreement, all management decisions or other matters affecting the LLC shall be made by the agreement or written consent of a Majority of the Members. 3.2 Definition of "Maiority of Members". As used throughout this Agreement, the term "Majority" of the Members shall mean more than fifty percent (50%) of the Member interests in the LLC entitled to vote on, consent to or participate in the decision or matter. 3.3 Definition of "Super MajorilK of Members". As used throughout this Agreement, the term "Super Majority" of the Members shall mean more than sixty percent (60 %) of the Member interests in the LLC entitled to vote on, consent to or participate in the decision or matter. 3.4 Operational Authority of Members. Except as provided below, the Members, acting together, have sole authority to manage the LLC and are authorized to make any contracts, enter into any transactions, and make and obtain any commitments on behalf of the LLC to conduct or farther the LLC's business. Except as authorized elsewhere herein, no individual Member is an agent of the LLC or has the authority to make any contracts, enter into any transactions or make any commitments on behalf of the LLC. Page 2 3.5 Certain Duties and Obligations of Administrative Manager. (a) The Members may at anytime appoint and/or remove an Administrative Manager of the Company who shall be in charge of the day-to-day operations of the Company subject to the restrictions set forth in Section 3.6. Initially, the Members hereby designate Roderick Budd and Richard J. Cummings, or the one of them acting alone, as the Administrative Manager. (b) The Administrative Manager(s) shall devote to the Company such time as may be necessary for the proper performance of his duties hereunder, but he shall not be required to devote his full time to the performance of such duties. (c) The Administrative Manager(s) shall keep the books and records of the Company as provided in Section 12 hereof. (d) The Administrative Manager(s) shall represent the Company and administer the Company's compliance under all loan agreements and related documents to which the Company is a party. 3.6 Restrictions on Authoritv _of the Administrative Manager. Without the approval of a Super Majority of the Members, the Administrative Manager(s) shall not have the authority to, and agrees that he shall not: (a) do any act in contravention of this Agreement which affects the rights or obligations of the Members; (b) do any act which would make it impossible to carry on the ordinary business of the Company; (c) possess Company property for other than a Company purpose; (d) admit a new Member; (e) cause the Company to voluntarily take any action that would cause a Bankruptcy of the Company; (f) dissolve the Company, otherwise than as provided in this Agreement; (g) sell or otherwise dispose of all or substantially all of the assets of the Company; (h) distribute cash or property to the Members; (i) merge or consolidate the Company with any other entity; Page 3 0) approve loans, guarantees or other extensions of credit by the Company to or for the benefit of the Members or any of their respective Affiliates; (k) cause the Company to engage in any business other than as contemplated in Section 1.3; (1) make capital expenditures not covered in a budget approved by the Members in amounts in excess of $5,000 per line item expenditure and $25,000 per year in the aggregate, except in the ordinary course of business, and except in case of an emergency in which event the Administrative Manager shall have the right to take all actions reasonably required in response to the emergency; and (m) approve any borrowing of money, or entering into any loan agreement, deferred purchase agreement, lease or other financing arrangement, issuance of any evidence of indebtedness, or provision of any other commitment based on the credit of the Company, except for trade payables incurred and immaterial short-term equipment leases entered into in the ordinary course of the Company's business. 3.7 Compensation to Members. Unless otherwise agreed by a Super Majority of the Members, no Member shall receive compensation for performing his duties under this Agreement. 3.8 Expenses. The Company shall pay, and the Members shall be reimbursed from the proceeds of the sale of Company property, all costs and expenses of the Company, including, but not limited to, all organizational expenses, pre -approved travel expenses, all costs reasonably related to the conduct of the Company's day-to-day business affairs by the Members, all costs of borrowed money, taxes and assessments on Company property, and other taxes applicable to the Company, all legal, audit, accounting and other fees, all expenses in connection with the acquisition, management and disposition of Company property (including legal and accounting fees). 3.9 LiabilM of Members to Other Members and LLC. In carrying out their duties and exercising the powers hereunder, the Members shall exercise reasonable skill, care and business judgment. A Member shall not be liable to the LLC or the other Members for any act or omission performed or omitted by the Member in good faith pursuant to the authority granted to it by this Agreement as a Member or Tax Matters Partner (as defined in the Code) unless such act or omission constitutes gross negligence or willful misconduct by such Member. ARTICLE 4 CONTRIBUTIONS PROFIT& LOSSES AND DISTRIBUTIONS 4.1 Interest of Members. Each Member shall own a percentage interest in the LLC. The Member's percentage interest is based on the amount of cash or other property that the Member has contributed to the LLC and that percentage interest shall determine the Member's share of the profits, losses and distributions of the LLC. Page 4 ti h 4.2 Contributions. The names and addresses of the Members, their initial capital contributions and their ownership interests are set forth in Exhibit A, attached to this Agreement and incorporated by this reference, as amended from time to time. The ownership interests shall be adjusted to reflect additional capital contributions and the addition of Members and the transfer or termination of a Member's ownership interests in the manner provided in this Agreement. In each such case, Exhibit A shall be amended to reflect such changes. 4.3 Additional Contributions. Only a Super Majority of the Members of the LLC may call upon Members to make additional cash contributions as may be necessary to carry on the LLC's business. The amount of any additional cash contribution shall be based on the Member's existing percentage interest. To the extent a Member is unable to meet a cash call, the other Members can contribute the unmet call on pro rated basis based on the Members percentage interest at that time, and the percentage interest of each Member shall be adjusted accordingly. 4.4 Record of Contributions and'Percenta a Interests. This Agreement, any amendment(s) to this Agreement and all resolutions of the Members of the LLC shall constitute the record of the Members of the LLC and of their respective interest therein. 4.5 Profits and Losses. The profits and losses and all other tax attributes of the LLC shall be allocated among the Members on the basis of the Members' percentage interests in the LLC. 4.6 Distributions. (a) Nonliquidating Distributions. Distributions of Distributable Cash, other than distributions in liquidation pursuant to Section 4.6(b), shall be made to the Members annually in such manner as the Majority of the Members shall determine. (b) Distributions in Li uidation. Distributions in liquidation of the Company shall be made to each Member in the manner set forth in Article 10. For purposes of this Agreement, the term "Distributable Cash" means all cash received by the LLC, less the sum of the following to the extent paid or set aside by the LLC: (i) all principal and interest payments on indebtedness of the LLC and other sums paid or payable to -lenders; (ii) all cash expenditures incurred incident to the normal operation of the LLC 's business; and (iii) reserves established by the Members for contingent or unforeseen liabilities or obligations of the LLC. 4.7 Change In Interests. If during any year there is a change in a Member's percentage interest, the Members share of the profits, and losses and distributions in that year shall be determined under a method that takes into account the varying interests during the year. Page 5 ARTICLE 5 VOTING - CONSENT TO ACTION 5.1 Votine by Members. Members shall be entitled to vote on all matters which provide for a vote of the Members in accordance with each Member's percentage interest. 5.2 Maiority Reuuired. Except as otherwise provided, a Majority of the Members, as defined in Section 3.2, is required for any action. 5.3 Meetings — Written Consent. Action of the Members may be accomplished with or without a meeting. If a meeting is held, evidence of the action shall be by Minutes or Resolution reflecting the action of the meeting, signed by a Majority of the Members. Action without a meeting maybe evidenced by a written consent signed by a Majority of the Members. 5.4 Meetines. Meetings of the Members may be called by any Member owning 10% or more of the interests of the LLC. ARTICLE 6 DUTIES AND LIMITATION OF LIABILITY FOR MEMBERS-. INDEMNIFICATION 6.1 Duties of Members, Limitation of Liability. The Members and Administrative Managers, if any, shall perform their duties in good faith, in a manner they reasonably believe is in the best interests of the LLC, and with such care as an ordinary and prudent person in a like opposition would use under similar circumstances. No Member or officer by reason of being or having been a Member or officer shall be liable to the LLC or any Member or officer for any loss or damage sustained by the LLC, or any other Member or officer unless the loss or damage shall have been the result of fraud, deceit, gross negligence or willful misconduct or a wrongful taking by that Member or officer. 6.2 Protection of Members and Officers. As used herein, the term "Protected Party" refers to the Members and any officers of the company. To the extent that, in law or in equity, a Protected Party has duties (including fiduciary duties) and liabilities relating thereto to the LLC or to any other Protected Party, a Protected Party acting under this Agreement shall not be liable to the LLC or to any other Protected Party for good faith reliance on: (a) The provisions of this Agreement; (b) the records of the LLC; and/or (c) such information, opinions, reports or statements presented to the LLC by any person as to the matters the Protected Party reasonably believes are within such other person's professional or expert competence and who has been selected with reasonable care by or on behalf of the LLC. Page 6 The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Protected Party to the LLC or to any other Protected Party otherwise existing at law or in equity, are agreed by the parties hereto replace such other duties and liabilities of such Protected Party. 6.3 Indemnification and Insurance. (a) Right to Indemnification. Any person who is or was a Member or officer of the LLC and who is or may be a party to any civil action because of his or her participation in or'with the LLC, and who acted in good faith and in a manner in which he/she reasonably believed to be in or not opposed to, the best interests of the LLC may be indemnified and held harmless by the LLC. Any person who is or was a member or officer of the LLC and who is or may be a party to any criminal action because of his/her participation in or with the LLC, and who acted in good faith and had reasonable cause to believe the act or omission was lawful, may be indemnified and held harmless by the LLC. (b) Advancement of Ex enses. Expenses (including attorney's fees) incurred by an indemnified person in defending any proceeding shall be paid in advance of the proceedings conclusion. Should the indemnified Member or an officer ultimately be determined to not be entitled to indemnification, that Member or officer agrees to immediately repay the LLC all funds expended on behalf of the Member or officer. (c) Non Exclusivily of Rights. The right to indemnification and payment of fees and expenses conferred in this section shall not be exclusive of any right which any person may have or hereafter acquire under any statute, provision of this Agreement, contract, agreement, vote of Members or otherwise. The Members are expressly authorized to adopt and enter into indemnification agreements for Members and officers. (d) Insurance. The Members shall cause the LLC to purchase and maintain insurance for the LLC, for its Members and officers, if any, and/or any third party or parties whom the Members might determine should be entitled to such insurance coverage. (e) Effect of Amendment. No amendment, repeal or modification of this Article 6 shall adversely affect any rights hereunder with respect to any action or omission occurring prior to the date when such amendment, repeal or modification became effective. ARTICLE 7 MEMBERS INTEREST TERMINATED 7.1 Termination of Membership. A Member's interest in the LLC shall cease upon the occurrence of one or more of the following events: Page 7 (a) A Member providing notice of withdrawal to the LLC thirty (30) days in advance of the withdrawal date. Withdrawal by a Member is not a breach of this Agreement; (b) A Member assigning all of his or her interest in accordance with Article 8; (c) The death of a Member; (d) The entry of an order by a court of competent jurisdiction adjudicating the Member incompetent to manage his person or his estate; or (e) A Member, without the consent of the Majority of the Members: 1. makes an assignment for the benefit of creditors; 2. files a voluntary petition in bankruptcy; 3. is adjudicated a bankrupt, or insolvent; 4. files a petition or answer seeking for himself any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation; 5. files an answer or pleading or other pleading or failing to contest the material allegations of a petition filed against him in any proceeding of the nature described in this paragraph; 6. seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the Member or of all or any substantial part of his properties; 7. if any creditor permitted by law to do so should commence foreclosure or take any other action to seize or sell any Members interest in the LLC; 8. if within one hundred twenty (120) days after the commencement of any action taken against a Member seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation the action has not been dismissed and/or has not been consented to by a Majority of the Members; or 9. if within ninety (90) days after the appointment, without a Member's consent, or acquiescence, of a trustee, receiver or liquidator of the Member or of all or any substantial part of a Member's'properties, said appointment is not vacated or within ninety days after the expiration of any stay, Page 8 the appointment is not vacated and/or has not been consented to by a Majority of the Members. 7.2 Effect of Dissociation. Any dissociated Member shall not be entitled to receive the fair value of his or her LLC interest solely by virtue of his dissociation. A dissociated Member that still owns an interest in the LLC shall be entitled to continue to receive such profits and losses, to receive such distribution or distributions, and to receive such allocations of income, gains, loss, deduction, credit or similar items to which he would have been entitled if still a Member. For all other purposes, a dissociated Member shall no longer be considered a Member and shall have no rights as a Member, including voting rights. ARTICLE 8 RESTRICTIONS ON TRANSFERABILITY OF LLC INTEREST• SET PRICE FOR LLC INTEREST 8.1 Transfer Restrictions. Except as otherwise provided in this Agreement, no Member may voluntarily or involuntarily, directly or indirectly, sell, exchange, transfer, give, assign, mortgage, pledge, hypothecate, otherwise encumber, otherwise dispose of, or permit or suffer any encumbrance of, all or any part of such Member's interest in the LLC, without the prior written consent of a Super Majority of the other Members. Any other purported sale, exchange, transfer, assignment, transfer, pledge, mortgage, encumbrance, or other disposition, shall be null and void and of no force or effect whatsoever. Any attempted transfer of an LLC interest or any part thereof, in or in respect of the LLC other than in accordance with this Section 8 shall be, and is hereby declared, null and void ab initio. 8.2 Permitted Transfers. Notwithstanding anything herein to the contrary, (a) A Member may transfer all or any portion of his or her interest in the LLC to Lifeway Church without the consent of any other Member; and (b) A Member may transfer, without the consent of any other Member, by inter vivos gift, intestacy, or bequest, any or all of such Member's interests in the Company to (or for the benefit of) any spouse or family member, provided the transferee agrees in writing to be bound by the terms of this Agreement. Such a transfer may be outright, in trust, for the benefit of such a transferee, or to a custodian under the Washington Uniform Transfers to Minors Act or under similar laws of another jurisdiction for the benefit of such a transferee. Any such transferee shall be an Assignee and shall not become a Member without the prior written consent of a Super Majority of the Members. 8.3 Sale of Interest. A Member may sell his LLC interest only as follows: (a) If a Member desires to sell his LLC interest in whole or in part he shall give written notice to the LLC of his desire to sell all or part of his interest and must first offer the interest to the LLC. The LLC shall have the right and option to buy the offered interest at the then existing Set Price as defined in Section 8.4 of this Agreement. The LLC shall have thirty (30) days from the receipt of the assigning Member's notice to give the assigning Member written notice of its intention to buy all, some or none of the offered interest. The decision to buy Page 9 shall be made by a Majority of the other Members. Closing on the sale shall occur within sixty (60) days from the date that the LLC gives written notice of its intention to buy. (b) Payment of the purchase price pursuant to this Section 8.3 shall be made at closing by cashier's check, certified check or official bank check for at least twenty percent (20%) of the purchase price. The purchaser shall execute a promissory note ("note") in favor of the seller payable over sixteen (16) equal quarterly installments together with interest at the then lowest applicable federal rate as determined in accordance with Section 1274(d) of the Code, on the outstanding principal balance beginning one month after the initial payment. The note shall be subject to prepayment, without penalty, in whole or in part, at any time and shall at the holder's option be subject to acceleration upon default in the payment of any installment or interest on such note. Section 8.5 regarding pledges and security interests shall apply to the extent requested by the buyer or the seller. (c) To the extent that the LLC does not buy the offered interest of the selling Member, the other Members shall have the option to buy the offered interest at the Set Price on a pro rata basis based on the Members' percentage interest at that time. If a Member does not desire to buy up to his proportional part, the other Members may buy the remaining interest on the same pro rata basis. Members shall have fifteen (15) days from the date the LLC gives its' written declining notice to the selling Member to give the selling Member notice in writing of their intention to buy all, some, or none of the offered interest. Closing on the sale shall occur within sixty (60) days of the date the Members give written notice of their intention to buy. The purchase price from each purchasing Member shall be paid in the manner described in Section 8.3(b) above. (d) To the extent the LLC or the Members do not buy the offered interest, the selling Member can then assign the interest to a non -Member. The selling Member must close on the assignment within ninety (90) days of the date he gave notice to the LLC. If he does not close by that time he must give again the notice and the options to the LLC and the LLC Members before he sells the interest. (e) The selling Member must close on the assignment within ninety (90) days of the date he gave notice to the LLC. If he does not close by that time he must give again the notice and the options to the LLC and the LLC Members before he sells the interest. (f) A non -Member purchaser of a Member's interest cannot exercise any rights of a Member unless a majority of the non -selling Members consent to him becoming a Member. The non -Member purchaser shall be entitled, however, to share in such profits and losses, to receive such distributions, and to receive such allocation of income, gain, loss, deduction, credit or similar items to which the selling Member would be entitled, to the extent of the interest assigned, and will be subject to calls for contributions under the terms of this Agreement. The purchaser, by purchasing the selling Member's interest, agrees to be subject to all the terms of this Agreement as if he were a Member. 8.4 Set Price. For purposes of this Agreement, the purchase price ("Set Price") for a Member's interest shall be the price fixed by consent of a Majority of the Members. The Set Page 10 Price shall be memorialized and made a part of the LLC records. The initial Set Price for each Member's interest shall be the amount of each Member's original contribution(s) to the LLC, as provided above, as updated in accordance with the terms of this Agreement. Any future changes in the Set Price by the Members shall be based upon net equity in the assets of the LLC (fair market value of the assets less outstanding indebtedness), considering the most recent appraisal obtained by the LLC for its assets, as may be adjusted by the Members at their discretion. The initial Set Price shall be adjusted upon demand by a Member, but not more than once per year unless all Members consent. The basis for determining the Set Price shall remain in effect until changed by consent of a Majority of the Members. The Members will consider revising the basis for determining the Set Price at least annually. 8.5 Votini4 Ri�,lits and Sale Escrows. In the event of a sale of an LLC interest made pursuant to this Agreement where the payment is to be made over a term, the LLC interest sold shall, at the request of either party, be pledged to secure performance, and in such case the purchaser shall grant the seller a security interest therein, the seller shall have the right to perfect such security interest, and the purchaser shall cooperate with the seller in the granting of any of such security interest or its perfection. Once the purchase price (including interest) is paid in full, the security interest shall be released. During such term, and if there is no default in the payment of the installments (including interest) of the purchase price, the purchaser, if admitted as a Member, shall have the right to exercise the voting rights of such LLC interest and shall be entitled to all distributions paid with respect to such interest. If debt obligations of the LLC are included in the purchase, substantially similar provisions regarding escrows and/or pledges shall apply, and so long as there is no default in payment of the installment payments, the purchaser shall have the right to all principal and interest payments made by the LLC on the debt. This Section 8.5 shall not apply to an LLC interest (as opposed to debt) redeemed by the LLC, which interest shall be cancelled by the LLC, but the transferor may require the LLC to provide reasonably adequate security if payment is to be made over time. A request for security interests in property with a net fair market value of at least the principal amount of the promissory note (or purchase obligation) shall not be regarded as an unreasonable request. ARTICLE 9 OBLIGATION TO SELL ON A DISSOCIATION EVENT CONCERNING A MEMBER Except as otherwise provided, upon the occurrence of a dissociation event with respect to a Member, the LLC and the remaining Members shall have the option to purchase the dissociated Member's interest at the Set Price in the same manner and on the same payment terms as provided in Article 8 and as if the dissociated Member had notified the LLC of his desire to sell all of his LLC interest. The date the LLC receives notice as provided in Article 8 triggering the options shall be deemed to be the LLC receives actual notice of the dissociation event. Notwithstanding the above, The purchase option contained in this Article 9 shall not apply to an Interest in the Company being transferred as a result of a deceased-Member's death when: (a) The transferor -donor was married and the intended transferee is the surviving spouse of the deceased -Member or a trust principally for the benefit of such surviving spouse; or Page 11 (b) The transferee is another Member; or (c) The transferee is Lifeway Church. ARTICLE 10 DISSOLUTION 10.1 Termination of LLC. The LLC will be dissolved and its affairs wound up only upon the written consent of a Majority of the Members. 10.2 Final Distributions. Upon dissolution, the Administrative Manager(s), or Members, as the case demands, shall sell or otherwise liquidate all of the LLC's assets as promptly as practicable (except to the extent the Members may determine to distribute any assets to the Members in kind) and shall apply the proceeds of such sale and the remaining LLC assets in the following order of priority: (a) Payment of creditors, including Members who are creditors, to the extent otherwise permitted by law, in satisfaction of liabilities of the LLC, other than liabilities for distributions to Members; (b) To establish any reserves that the Members deem reasonably necessary for contingent or unforeseen obligations of the LLC and, at the expiration of such period as the Members shall deem advisable, the balance then remaining in the manner provided in Section 10.2(c) below; (c) By the end of the taxable year in which the liquidation occurs (or, if later, within ninety (90) days after the date of such liquidation), to the Members in proportion to the positive balances of their respective Capital Accounts, as determined after taking into account all Capital Account adjustments for the taxable year during which the liquidation occurs (other than those made pursuant to this Paragraph (c)). 10.3 Certificate of Cancellation: Report: Termination. Upon the dissolution and commencement of winding up of the LLC, the Members shall execute and file articles of dissolution for the LLC. Within a reasonable time following the completion of the liquidation of the LLC's assets, the Members shall prepare, at the expense of the LLC, a statement that shall set forth the assets and liabilities of the LLC as of the date of complete liquidation and the amount of each Member's distribution pursuant to Section 10.2 hereof. Upon completion of the liquidation and distribution of all LLC funds, the LLC shall terminate and the Members shall have the authority to execute and file all documents required to effectuate the termination of the LLC, including but not limited to a final LLC income tax return. Page 12 ARTICLE 11 TAX MATTERS 11.1 Capital Accounts. The LLC shall establish and maintain a capital account for each Member in accordance with Treasury Regulations issued under Code Section 704, including Treasury Regulation Section 1.704-1(b)(2)(iv). The Members shall determine the fair market value of all property which is distributed in kind, and the capital accounts of the Members shall be adjusted as though the property had been sold for its fair market value and the gain or loss attributable to such sale allocated among the Members in accordance with the other applicable provisions of this Agreement. In the event of a contribution of property with a fair market value which is not equal to its adjusted basis (as determined for federal income tax purposes) or a reevaluation of the Members' capital accounts upon the admission of new partners to the LLC, the LLC shall maintain separate "tax" and "book" capital accounts in accordance with the rules prescribed in Treasury Regulations promulgated under Code Section 704. 11.2 Compliance with Regulations. The manner in which Capital Accounts are to be maintained pursuant to this Section 11.2 is intended to comply with the requirements of Code Section 704(b) and the temporary and final Treasury Regulations promulgated thereunder. If in the opinion of the Company's legal counsel or accountants the manner in which Capital Accounts are to be maintained pursuant to the preceding provisions of this Section 11.2 should be modified in order to comply with Code Section 704(b) and the Regulations thereunder, then notwithstanding anything to the contrary contained in the preceding provisions of this Section 11.2, the method in which Capital Accounts are maintained shall be so modified; provided, however, that any change in the manner of maintaining Capital Accounts shall not materially alter the economic agreement between or among the Members. 11.3 Tare Matters Partner. One of the Members as selected by a Majority of the Members shall serve as the "tax matters partner" for purposes of negotiations or discussions of tax matters with the Internal Revenue Service. All required income tax documents will be prepared by a Certified Public Accountant, as selected by the Members, and filed no later than March 1st following the end of the tax year. ARTICLE 12 RECORDS AND INFORMATION 12.1 Records and Accountin . The LLC shall maintain, at its principal place of business, records and books of account of the business of the LLC including, but not limited to, the following: (a) a current and past list of names and addresses of each current and past Member. (b) a copy of this Agreement and all amendments to this Agreement, and the Certificate of Formation, and all amendments to the Certificate of Formation. (c) copies of the Company's federal, state, and local tax returns and reports, if any, for the three (3) most recent fiscal years. Page 13 12.2 Access to Records. Each Member or a Member's duly authorized representative shall have access to the LLC's records and books of account, upon reasonable notice and for a proper purpose, at all reasonable times during business hours. ARTICLE 13 INDEPENDENT ACTIVITIES OF MEMBERS Any Member may engage in or possess an interest in other business ventures of every nature and description, independently or with others, including but not limited to, the ownership, financing, management, employment by, lending to or otherwise participating in businesses which are similar to the business of the Company, and neither the Company nor any of the Members shall have any right by virtue of this Agreement in and to such independent ventures or to the income or profits therefrom. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 Amendment. This Agreement may not be modified, altered or amended in any manner except by agreement in writing duly executed by the Members. 13.2 Governing Law. This Agreement shall be governed and construed in accordance with the internal laws of the State of Washington. 13.3 Pronouns, Etc.. References to a Member or Manager, including by use of a pronoun, shall be deemed to include masculine, feminine, singular, plural, individuals, partnerships or corporations where applicable. 13.4 Counterparts. This instrument may be executed in any number of counterparts each of which shall be considered an original. 13.5 Specific Performance. Each Member agrees with the other Members that the other Members would be irreparably damaged if any of the provisions of this Agreement are not performed in accordance with their specific terms and that monetary damages would provide an adequate remedy in such event. Accordingly it is agreed that, in addition to any other remedy to which the non -breaching Members may be entitled, at law or in equity, the non -breaching Members shall be entitled to injunctive relief to prevent breaches of this agreement and, specifically to enforce the terms and provisions of this agreement in any action instituted in any court of the United States or any court thereof having subject matter jurisdiction thereof. 13.6 Further Action. Each Member, upon request of the LLC, agrees to perform all further acts and to execute, acknowledge and deliver any documents which may be necessary, appropriate, or desirable to carry out the provisions of this Agreement Page 14 13.7 Method of Notices. All written notices required or permitted by this Agreement shall be hand delivered or sent by registered or certified mail, postage paid, addressed to the LLC at its place of business or to a Member as set forth on the Members signature page of this Agreement (except that any Member from time to time may give notice of changing his address for that purpose), and shall be effective when personally delivered or, if mailed on the date set forth on the receipt of the registered or certified mail. 13.8 Facsimiles. For the purpose of this Agreement, any copy, facsimile telecommunication or other reliable reproduction of a writing, transmission or signature may be substituted or used in lieu of the original writing, transmission or signature could be used, provided that such copy, facsimile telecommunication or other reproduction shall have been confirmed received by the sending party. 13.9 Gam utation of Time. In computing any period of time under this Agreement, the date of the Act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday. 13.10 Arbitration. (a) Binding Arbitration. In the event of any dispute or difference between the Members arising out of or concerning this Agreement, any Member may, by notice to the other Members or parties concerned, require such dispute or difference to be submitted to arbitration. No Member shall be entitled to commence or maintain any action or other proceeding against any other Member hereto in relation to or arising out of any dispute or difference capable of being submitted to arbitration pursuant to this Section 13.10 unless the matter has first been referred to and settled by arbitration under the provisions of this Section 13.10 and provided that the decision of the arbitrator shall be final and binding upon the parties. The arbitration shall take place in accordance with the following procedures. Any arbitration pursuant to this Agreement shall be conducted in Tacoma, Washington, in accordance with Section 7.04.060 of the Revised Code of Washington. The arbitration panel shall consist of one (1) arbitrator chosen in conformity with Subsection 13.10(b). (b) Arbitrator. The party initiating arbitration (the "Claimant") shall appoint an arbitrator in its demand (the "Demand"). The other party (the "Respondent") shall notify its consent to the choice of arbitrator chosen by the Claimant within five (5) Business Days of receipt of the Demand. If the Respondent fails to respond to the Demand within such five (5) Business Days, then the arbitrator chosen by the Claimant shall be deemed duly appointed to hear the arbitration case. If, however, the Respondent notifies the Claimant within the prescribed time period that it does not consent to the arbitrator chosen by the Claimant, then the arbitrator shall be appointed by the administrator of the American Arbitration Association (AAA) office in Tacoma from its Large, Complex Case Panel (or have similar professional credentials). Each arbitrator shall be an attorney with at least fifteen (15) years' experience in commercial law and shall reside in the Tacoma -Pierce County metropolitan area. Page 15 (c) Hearing: Law: Appeal Limited. Absent fraud, collusion or willful misconduct by an arbitrator, the award shall be final, and judgment may be entered in any court having jurisdiction thereof. The arbitrator may award injunctive relief or any other remedy available from a judge, including the joinder of parties or consolidation of this arbitration with any other involving common issues of law or fact or which may promote judicial economy, and may award attorneys' fees and costs to the prevailing parry but shall not have the power to award punitive or exemplary damages. The cost and expenses of the arbitrator shall be borne by the Member against whom the award is invoked or, in the case of mixed success, in such proportion as the arbitrator may determine. (d) Enforcement. If within ten (10) business days after the making of the award, the award shall not be complied with, a Member may enter judgment upon, or institute a proceeding to enforce, the award in any court of competent jurisdiction against the other Member, and may enforce such judgment by execution or may pursue any other appropriate remedy against such other Member for enforcement of the award. It is understood and agreed by the parties that the arbitration provisions of this Agreement do not supersede the provisions herein relating to any other terms and conditions expressly set forth herein to resolve disputes. DATED as of the day and year first written above. MEMBERS: Roderick Budd David Litowitz Bill G. Arnold Barbara Bradshaw Ron Harkness Richard J. Cummings Robert Oliver David G. Arnold Robert Harrison Andrew Campbell Page 16 Names and Addresses of the Members Roderick Budd 33337 12th Av. S.W. Federal Way WA 98023 Richard I Cummings 4802 Nassau Av. NE #33 Tacoma, WA 98422 David Litowitz 2715 64th Av. NE #B Tacoma, WA 98422 Robert Oliver 509 SW 294th Federal Way, WA 98023 Bill G. Arnold P.O. Box 311715 New Braunfels, TX 78131 David G. Arnold 2312 Woodway Round Rock, TX 78681 Barbara Bradshaw 30205 33rd Av. SW Federal Way, WA 98023 Ron Harkness 30205 33rd Av. SW Federal Way, WA 98023 Robert Harrison 3420 SW 340th St. Federal Way, WA 98023 Andrew Campbell 37466 18th Av. S Federal Way, WA 98003 Totals: EXE"IT A Member Information Initial Ca ital Contribution $25,000 $20,000 $20,000 $10,000 $10,000 $10,000 $5,000 $5,000 $5,000 '4.O00 Percentage Interest 21.9% 17.5% 17.5% 8.8% 8.8% 8.8% 4.4% 4.4% 4.4% 3.5% Page 17 0 •.� Abbey Road Group, LLC P. O. Box 207 Puyallup, WA 98371 T 253.435.3699 F 253.446.3159 www.abbeyroadgroup.com May 8, 2008 Matthew Herrera City of Federal Way Planning Division 33325-81h Ave. S. Federal Way, WA 9063-9718 RE: File #08-101306-00-SU, Re -submittal #2 - Lifeway Church (BLA), 35615-3'd Ave. SW, Federal Way Dear Matt, Enclosed please find the remaining items requested in the Notice of Complete Application and Technical Comments letter dated 4/7/08, I am submitting the following documents for your review and consideration: 1998 Wetland Determination — (4) 2003 Wetland Determination — (4) 2008 Wetland Determination — (4) • Operating Agreement for Nehemiah Group, LLC. — (4) V Resubmittal Form — (1) In order to address the request for additional information with regards to the critical areas and wetland reports, I have included the initial overall site report from 1998, a revised/updated report from 2003 and the most recent report from 2008 which focuses on the addition of Parcels 3021049036 and 3021049118 by the Nehemiah Group after the 2003 study was completed. - I have also enclosed a copy of the Operating Agreement for the Nehemiah Group, LLC to address Kevin Peterson's comments regarding proof of the establishment of the formation of the LLC and the signatory authority of Rik Budd and Dick Cummings as officers of the LLC. Page 1, paragraph 1.1 references the Formation of the LLC', and Page 3, paragraph 3.5 designates Roderick (Rik) Budd and Richard (Dick) J. Cummings, as Administrative Managers of the LLC, with authority to administer the Company's agreements. RESUBMI FTED Project/04-118/Permit Submittals/BLA/Resubmittal Ltr #2. 5.8.08 MAY- 0 9 2008 CITY OF FEDERAL WAY BUILDING DEPT. 1 Please let me know if there is any additional information you or•the City may need to continue the BLA review process. Sincerely, t Barbara A. Napier Senior Project Manager The Abbey Road Group, LLC BAN/bn Encl.: Listed Above Cc: Rik Budd Kevin Peterson, COFW - Public Works Dept. Eric Isaacson, Sadler Bernard Project/04-118/Permit Submittals/BLA/Resubmittal Ltr. 5.5.08 D Disclaimer of 14t 261t -57 40 R''_,: vgov 14a 5- dnGrtx 2L:La 30) Louis@ A Sawa1a0P Th i, agat bet Parties f�laas Own,a �f f ps: N 300 ft cf jg or E of �, of- Ok of Dig emm q 30 ft for rd and c X.de .ma a ad Exe rdiss ' party' to paroels deadd IM 'Oirs Wh : i :. of i t- --fin• t� �.. ?'� ..tUP .Pr4.P8v-t_lle 1r i1 ��]J;��S#t1 � •ff� i(FY 3l tiGii� [.rJP: ��6f- ��.%V�'�.�!�.a ' ..�. �. � •� 1 o y ps► ': ,:. •-c by row;Gr af-• Use- bg P�444 a y�' Rod; i= ��: `. -,•: -�li M''.�:b!��'s:•'fox-_ �ECEIVED MAY 0 5 Z008 CITY ®F iFV_pERAL WAY CS Apr 30 08 02:06p Lifellau Church 253-874- 0618 P.2 NWAL$ Form 28 Vacant Land Purchase & Sel6 Revised 6106 +Copyright 2006 Northwest Multiple Llsting Service ALL RIGHTS RESERVED VACANT LAND PURCHASE AND SALE AGREEMENT SPECIFIC TERMS 1. Date: December 20, 2007 MLS No.: 2. Buyer: 3. Seller; N0hpimish Gr 4. Property: Tex Parcel Nos.: 3021049020 ( Kin County) Street Address: 157 SW 356th Washington Legal Description: The south 1/2 of the west 1/2 of the east 112 of the southeast 1/4 of the notheast 114 of section 30 township 21 north range 4 east, wm Ktng County WA. Ta be mutually agreed through a boundty line adjustment. 6. Purchase Price: $' . 6. Earnest Money: (To be held by ❑ Sel[ing Broker Q Closing Agent) Personal Check: Note: $10 000.00 Other ( ): 7. Default; (check only one) ❑ Forfeiture of Earnest Money [j Seller's Election of Remedies B.. Title insurance Company: Stewart Title 9. Closing Agent: [] a qualified olosing agent of Buyer's choice E Stewart Title-Carrl i.ita�vitz 10. Closing Date: 30 days aftel engineering a ro at or by 2128! 9 zhloh ever ocout:s first 11. Possession Date: 0 on Closing d Other 12, Offer Expiration Date: 13. Counteroffer Expiration Date: 14. Addenda: form 14 18. Agency Disclosure: Selling Licensee represents []Buyer ❑Seller ©both parties j]nelther patty Listing Agent represents ❑ Seller [] both parties 1 U. Subdivision: The Property ❑ Is subdivided El must be subdivided on or before ❑ Is not legally required to be subdivided 17. Feasibility Contingonoy Expiration Date; Q 20 days tuat epta ❑ r � h� GuJGN� Cfi�ATRM� 0 s 51 nalur$ Date Ss .ere nalureAN ie Buyers 81gnature Date sellars Signature Dale PO Box 26116 5015 SW Dash Point Rd. Buyer's Address Seller's Address Federai Way WA 98093 Clty, state, ZIP 253-927-6116 253.927-4652 Phone Fox djlltot'd� Comesstmet Buyers E-mail Address n/a Selling Broker MLS Office No, Selling Licensee (Pdng Phone Federal Wa t WA. 98023 City, Slate, zip 253-974-9619 Phone Fax Seller's Email Address Listing Broker Lisiing Agent (Print) M1.8 ON1ce Fnx Phone ' MAY 0 5 Z008 CITY OF FEDERAL WAY gig Abbey Road Group, LLC P. O. Box 207 Puyallup, WA 98371 T 253.435.3699 F 253.446.31 g00Z 5 0 X0 www.abbeyroadgroup.com May 5, 2008 Matthew Herrera City of Federal Way Planning Division 33325-81h Ave. S. Federal Way, WA 9063-9718 MAY 0 F, 2008 CITY OF FEDERAL WAY CDS RE: File #08-101306-00-SU, Re -submittal - Lifeway Church (BLA), 35615-3rd Ave. SW, Federal Way Dear Matt, In response to your Notice of Complete Application and Technical Comments letter dated 4/7/08, I am resubmitting the following documents: • Purchase and Sale Agreement — (4) • 1957 Access Easement Document #4852658 — (4) • Title Report (Pg. 3 - Item #7 Highlighted) — (4) • Resubmittal Form — (1) I believe the above -referenced information will address the City's concern that, 'all lots shall be accessed by a public street or right-of-way'. As per our discussions, 2nd Avenue will be constructed as part of the Landmark Subdivision currently submitted for your review and is also a requirement of the Process IV permit that I will be submitting for my client within the next 60 days. The existing Access Easement from 1957 currently provides access to the proposed lot 2 shown on Sheet 4, until the construction of 2nd Avenue is completed. As we discussed in our meeting on April 24, 2008, our client will be demolishing one of the dwelling units as part of this BLA review and approval process. I am working with Vic Pennington with South King Fire and Rescue on the possibility of using the residence we are vacating as a contained burn for training purposes. Your request for a Wetland Report prepared by a qualified professional has been addressed and the biologist has completed his on -site assessment. I am waiting for the completed report from our Wetland Biologist. As soon as I receive this report, I will submit to the City for review. Kevin Peterson with the Public Works Department indicated two items in his comments that I will have addressed prior to final BLA approval. I will add the City File number Project/04-118/Permit Submittals/ BLA /Resubmittal Ltr. 5 5.08 to the BLA Title Block on the Mylars and will also provide with the Wetland Report, proof that Dick Cummings and Rik Budd are officers of Nehemiah Group, LLC and therefore have signing authority for the LLC. i I believe I have addressed all items at this point in your letter dated 4/.7/08. If you should have any questions or need additional information, please feel free to contact me atJ(253) 446-3523. Sincerely, Barbara A. Napier Senior Project Manager The Abbey Road Group, LLC BAN/bn Encl.: Listed Above Cc: Rik Budd Eric Isaacson, Sadler Bernard Project/04-118/Permit Submittals/BLA/Resubmittal Ltr. 5.5.08 CITY OF � Federal May 6, 2008 Barbara Napier Abbey Road Group 923 Shaw Road, Suite A Puyallup, WA 98372 FILE CITY HALL 33325 8th Avenue South y Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com RE: FILE #08-101306-00-SU; REQUEST FOR INFORMATION Lifeway Church BLA, 35615 3rd Avenue SW, Federal Way Dear Ms. Napier: The City of Federal Way's Development Review Committee (DRC) is in the process of reviewing the above -referenced Boundary Line Adjustment (BLA) application. The affected parcels include 302104- 9020, 302104-9118, and 302104-9036. The subject properties comprehensive plan and zoning designation is Single -Family High -Density Residential and RS 7.2, respectively. The City deemed the application complete April 7, 2008. ACCESS TO PROPOSED LOT 2 The April 7, 2008, correspondence included a technical comment regarding lack of access to proposed lot 2. While a joint access easement is shown on the BLA drawing, it does not meet current city standards. A subsequent phone conversion detailed the intention of lot 2 to be included with a separate preliminary plat application involving properties adjacent to the subject site. Following our April 25 meeting, staff has concluded the existing joint access agreement (recording no. 4852658) will be sufficient for right-of-way access due to the lot's inclusion in the Retreat Meadows preliminary plat currently under review. The City's Planning Division requests the applicant provide two copies of the above -referenced joint access agreement. Staff also requests two copies of the purchase and sale agreement for lot 2 signifying the intention to add the lot to the Retreat Meadows preliminary plat. When submitting the requested items, please use the enclosed resubmittal form. If you have any questions regarding this letter or your development project, please contact me at 253-835- 2638 or matt.herrera@cityoffederalway.com. Sincerely, g,�� Matthew Herrera Associate Planner enc: Resubmittal Form Kevin Peterson, Engineering Plans Reviewer Doc f D 45314 A 1 CITY OF �. Federal April 7, 2008 Ms. Barbara Napier Abbey Road Group 923 Shaw Road, Suite A Puyallup, WA 98372 CITY HALL 33325 8th Avenue South y Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com J Re: File #08-101306-00-SU; NOTICE OF COMPLETE APPLICATION & TECHNICAL COMMENTS Lifeway Church BLA, 35615 3rd Avenue SW, Federal Way Dear Ms. Napier: On March 18, 2008, the City of Federal Way's Department of Community Development Services received your Boundary Line Adjustment (BLA) application for a proposed property line adjustment with regard to parcels 302104-9020, 302104-9118, and 302104-9036. The subject properties comprehensive plan and zoning designation is Single -Family High Density Residential and RS 7.2, respectively. Pursuant to Federal Way City Code (FWCC) § 20-44, upon receipt of an application the City has 28 days to determine whether all information and documentation required for a complete application has been submitted. NOTICE OF COMPLETE APPLICATION Please consider this letter as a Notice of Complete Application. The City's Development Review Committee (DRC) has deemed the application complete as of April 8, 2008, based on a review of your submittal relative to those requirements as set out in the City's subdivision code. A 120-day time line for reviewing the project has started as of this date. The City has 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 at any time if City staff requests the applicant to correct plans, perform required studies, or provide additional information. You will be informed of the status of the 120-day time line when you are notified in writing to correct plans and/or additional information is needed. TECHNICAL COMMENTS The following members of the DRC have included technical comments concurrent with their completeness review. Please note, these comments were gathered during completeness review and further comments may follow. If you have questions about an individual comment, please contact the appropriate department representative noted below. Matthew Herrera, Planning Division, 253-835-2638, matt.hrrera@cityoffederalway.com ■ Sheet 2 —Removing the lot lines of Parcel `B" will result in two single-family dwelling units sharing one parcel. Pursuant to FWCC 22-631, "...not more than one dwelling unit may be File 408-101306-00-SU Doc, I.D. 44941 Ms. Barbara Napier Page 2 April 7, 2008 located on the subject property regardless of the size of the subject property." Prior to BLA approval, one of the two houses will need to be removed. • Sheet 4 — The new property line location of proposed lot 2 will result in the creation of a parcel not abutting a right-of-way. Pursuant to FWCC 20-152(d), all lots shall be accessed by a public street or right-of-way. In certain cases, lots may be accessed by an ingress/egress and utilities easement subject to the requirements established in the City of Federal Way Public Works Development Standards. Please redesign the BLA drawing to reflect lot design requirements. • Request For More Information — According to the City's critical areas inventory, a Category III wetland is located on parcel 302104-9036. Pursuant to FWCC 22-1356(b), a wetland report prepared by a qualified professional approved by the City must be submitted prior to BLA approval. The City may have a third party wetland consultant peer review the submitted report. The submitted report must include: ■ An evaluation of whether the area in question is a regulated wetland, based on the definition of "regulated wetland" in FWCC 22-1. • An overview of the methodology used to conduct the study. ■ A description of the wetland and plant communities found therein; a map delineating the edge of the wetland and location of plant communities; and a detailed description of the method used to identify the wetland edge. ■ The wetland classification, according to the U.S. Fish and Wildlife Service, "Classification of Wetlands and Deep Water Habitats in the U.S." • A list of observed plant and wildlife species, using both scientific and common names, and a description of their relative abundance. ■ A list of potential plant or animal species based on signs or other observation. ■ An evaluation and assessment of the existing or potential fiinctions and values of the wetland based on the following factors: surface water control; wildlife habitat; pollution and erosion control; groundwater exchange; open space and recreation; and educational and cultural opportunities. Please see the enclosed code section regarding specific requirements of wetland reports and delineation procedures. The applicant will be responsible for all costs associated with third party review of the submitted wetland report. Kevin Peterson, Public Works Department, 253-835-2734, kevin.peterson@cityoffederalway.com Public Works Development Services has reviewed the materials submitted and finds the application complete. Prior to approval, the following technical review items shall be addressed: • Add the City file number in the space provided in the BLA title block. • The title report identifies the property owner to be Nehemiah Group, LLC, while the BLA signature block identifies the owners to be Dick Cummings and Rik Budd. The City requires documentation that established formation of the LLC, that Cummings and Budd are officers of the LLC, and that both have signature authority on behalf of the LLC. File 408-101306-00-SU Doc. I D. 44941 Ms. Barbara Napier Page 3 April 7, 2008 Closing The applicant responses to identified technical comments for the BLA application are necessary before BLA approval can be granted. With this request for additional information, the 120-day maximum review time frame is suspended with 0 of the 120 days used. It will be restarted within 14 days of the date of your complete response to this request. When resubmitting requested information, please provide four copies of any reports and six copies of any plans, in addition to the green resubmittal form. Pursuant to FWCC 20-22, 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. If you have any questions regarding this letter or your development project, please contact me at 253-835- 2638, or matt.herrera@cityoffederalway.com. Matthew Herrera Associate Planner enc: Resubmittal Form Article XIV "Critical Areas" Bulletin 11055 "Selecting a Wetland Consultant' c: Kevin Peterson, Engineering Plans Reviewer File #08-101306-00-SU Doc. I D 44941 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: March 24, 2008 TO: Will Appleton, Development Services Manager Scott Sproul, Assistant Building Official Brian Asbury, Lakehaven Utility District Chris ng aim; So-14th King County Fire & Rescue FROM: atthew Herrera FOR DRC MTG. ON: Apr 008 - Internal Completeness FILE NUMBER(S): 08-101306-00-SU RELATED FILE NOS.: None PROJECT NAME: LIFEWAY CHURCH PROJECT ADDRESS: 35615 3RD AVE SW ZONING DISTRICT: RS 7.2 PROJECT DESCRIPTION: Move interior boundary lines to outside of parcels LAND USE PERMITS: BLA PROJECT CONTACT: ABBEY ROAD GROUP 923 SHAW RD Suite A 2534463523 (Work) MATERIALS SUBMITTED: Plat map, title report, lot closures LandAmerica Commonwealth Abbey Road Group 923 Shaw Road #A P.O. Box 207 Puyallup, WA 98372 REFERENCE NO: / Order No.: 40008079 Liability: $0.00 Charge: $ 350.00 Tax: $ 31.15 Total: $ 381.15 SUBDIVISION GUARANTEE Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Commonwealth Land Title Insurance Company a corporation herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: January 24, 2008 Commonwealth Land Title Insur�aync�e7 Company By Authorized Si rtature MAR 18 2008 CITY OF FEDERAL WA' CDS Subdivision Guarantee Page 1 of 7 GNT004 Order No.: 40008079 SCHEDULE A 1. Name of Assured: Abbey Road Group 2. Date of Guarantee: January 24, 2008 3. The assurances referred to on the face page hereof are: That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Nehemiah Group LLC, a Washington limited liability company C. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS. 2. REAL ESTATE EXCISE TAX PURSUANT TO THE AUTHORITY OF RCW CHAPTER 82.45 AND SUBSEQUENT AMENDMENTS THERETO. AS OF THE DATE HEREIN, THE TAX RATE FOR SAID PROPERTY IS 1.78% 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; GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 3021049020 YEAR BILLED PAID BALANCE 2008 $6,083.11 $0.00 $6,083.11 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $6,083.11. LEVY CODE: 1205 ASSESSED VALUE LAND: $369,000.00 ASSESSED VALUE IMPROVEMENTS: $168,000.00 Subdivision Guarantee Page 2 of 7 GNT004 OrderNo40008O79 4. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 3021049118 YEAR BILLED PAID BALANCE 2008 $2,107.69 $0.00 $2,107.69 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $2,107.69. LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: 1205 $60,000.00 $121,000.00 GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 3021049036 YEAR BILLED PAID BALANCE 2008 $3,704.56 $0.00 $3,704.56 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $3,704.56. LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: 1205 $199,000.00 $125,000.00 NOTE: TAXES FOR THE YEAR 2008 HAVE NOT BEEN CERTIFIED BY THE ASSESSOR'S OFFICE AND ARE SUBJECT TO CHANGE. 6. NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN CONNECTION WITH DEVELOPMENT OR RE -DEVELOPMENT OF THE LAND AS DISCLOSED BY RECORDED INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE MADE TO THE CITY/COUNTY/AGENCY. CITY/COUNTY/AGENCY: WATER DISTRICT NO. 124 RECORDED: JUNE 1, 1981 RECORDING NO.: 8106010916 7 E AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: NOVEMBER 22, 1957 RECORDING NO.: 4852658 REGARDING: DRIVEWAYS EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.; PUGET SOUND POWER AND LIGHT COMPANY ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM A PORTION OF SAID PREMISES APRIL 26, 1977 7704260766 Subdivision Guarantee Page 3 of 7 GNT004 OrderNo40008079 9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: SLOPES AND UTILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 8910271553 10. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: OCTOBER 27, 1989 RECORDING NO.: 8910271554 REGARDING: RECONSTRUCTION OF DRIVEWAYS 11. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE LAND HEREIN DESCRIBED AS GRANTED BY DEED RECORDED UNDER RECORDING NO. 8910271552. 12. NOTICE AND THE TERMS AND CONDITIONS THEREOF: RECORDED: SEPTEMBER 2, 2004 RECORDING NO.: 20040902000912 REGARDING: ON SITE SEWER OPERATION AND MAINTENANCE THE ABOVE EXCEPTIONS 6 THROUGH 12 AFFECT PARCEL A 13. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: COMMUNITY DRIVEWAY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 7501280118 SAID EASEMENT CONTAINS A COVENANT TO BEAR EQUAL SHARE OF COST OF CONSTRUCTION, MAINTENANCE OR REPAIR OF SAME. 14. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: SLOPES AND UTILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 8908070218 15. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: AUGUST 7, 1989 RECORDING NO.: 8908070219 REGARDING: DRIVEWAYS 16. TERMS AND CONDITIONS OF WARRANTY DEEDS RECORDED UNDER RECORDING NOS. 8908070217 AND 8910160166. THE ABOVE EXCEPTIONS 13 THROUGH 16 AFFECT PARCEL B Subdivision Guarantee Page 4 of 7 GNT004 Order No40008O79 17. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: COMMUNITY DRIVEWAY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 7501280118 SAID EASEMENT CONTAINS A COVENANT TO BEAR EQUAL SHARE OF COST OF CONSTRUCTION, MAINTENANCE OR REPAIR OF SAME. 18. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY PURPOSE: SLOPES AND UTILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 22, 1989 RECORDING NO.: 8908220304 19. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: AUGUST 22, 1989 RECORDING NO.: 8908220305 REGARDING: DRIVEWAYS TERMS AND CONDITIONS OF WARRANTY DEED RECORDED UNDER RECORDING NO. 8909270145. THE ABOVE EXCEPTIONS 17 THROUGH 19 AFFECT PARCEL C 20. RIGHT, TITLE AND INTEREST OF LIFEWAY CHURCH, AS DISCLOSED BY THE APPLICATION FOR TITLE INSURANCE. WE FIND NO CONVEYANCES OF RECORD INTO SAID PARTY. NOTE 1: IF A MOBILE HOME IS LOCATED ON THIS PROPERTY, IT WILL BE EXCEPTED FROM THE LEGAL DESCRIPTION AND NOT INSURED BY THE POLICY UNLESS THE CERTIFICATE OF TITLE IS ELIMINATED AND THE MOBILE HOME IS CONVERTED TO REAL PROPERTY AS REQUIRED BY CHAPTER 65.20 OF THE REVISED CODE OF WASHINGTON, EFFECTIVE MARCH 1, 1990. TO ELIMINATE THE CERTIFICATE OF TITLE, A -MANUFACTURED HOME APPLICATION - TITLE ELIMINATION" FORM SHOULD BE OBTAINED FROM THE DEPARTMENT OF LICENSING. THE APPLICATION MUST BE SIGNED BY THE REGISTERED AND LEGAL OWNERS OF THE MOBILE HOME, THE OWNER OF THE LAND (USUALLY THE SAME AS THE REGISTERED OWNER), AND THE CITY OR COUNTY BUILDING PERMIT OFFICE; APPROVED BY THE DEPARTMENT OF LICENSING; AND RECORDED. ALL TAXES MUST BE PAID AND PROOF OF PAYMENT MUST BE GIVEN TO THE DEPARTMENT. FEES: THE STATE OF WASHINGTON DEPARTMENT OF LICENSING CHARGES FEES FOR PROCESSING A "MANUFACTURED HOME APPLICATION - TITLE ELIMINATION" AND FOR PROCESSING A CHANGE OF OWNERSHIP FOR A MOBILE HOME. THE DEPARTMENT OF PLANNING AND DEVELOPMENT SERVICES (PDS) ALSO CHARGES A FEE TO APPROVE ANY REQUEST FOR TITLE ELIMINATION. ADDITIONAL FEES MAY APPLY. PLEASE CALL YOUR TITLE COMPANY RECORDER FOR INFORMATION REGARDING SUCH ADDITIONAL FEES. (AFFECTS PARCEL C) Subdivision Guarantee Page 5 of 7 GNT004 OrderNo40008079 NOTE 2: WE ARE INFORMED THAT NEHEMIAH GROUP LLC, IS A LIMITED LIABILITY COMPANY (LLC). A COPY OF THE DUPLICATE ORIGINAL OF THE FILED LLC CERTIFICATE OF FORMATION, THE LLC AGREEMENT, AND ALL SUBSEQUENT MODIFICATIONS OR AMENDMENTS MUST BE SUBMITTED TO THE COMPANY FOR REVIEW. NOTE 3: ANY CONVEYANCE OR MORTGAGE BY NEHEMIAH GROUP, LLC, A LIMITED LIABILITY COMPANY (LLC), MUST BE EXECUTED BY ALL THE MEMBERS, OR EVIDENCE SUBMITTED THAT CERTAIN DESIGNATED MEMBERS OR MANAGERS HAVE BEEN AUTHORIZED TO ACT FOR THE LIMITED LIABILITY COMPANY. NOTE 4: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: A SINGLE FAMILY RESIDENCE KNOWN AS: 35615 3RD AVE SW FEDERAL WAY, WA 98023 NOTE 5: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. PTN OF 30-21-04E SN5 Enclosures: Sketch Vesting Deed Paragraphs All Recorded Matters Subdivision Guarantee Page 6 of 7 GNT004 Order No.: 40008079 EXHIBIT "A" PARCEL A: THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W. M., IN KING COUNTY WASHINGTON, EXCEPT THE NORTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY INSTRUMENT RECORDED UNDER RECORDING NO. 698895 AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROAD AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 8910271552; PARCEL B: THE NORTH 200 FEET OF THE WEST 114 FEET OF THE NORTH HALF OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY WASHINGTON; EXCEPT THE NORTH 30 FEET CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY INSTRUMENT RECORDED UNDER RECORDING NO. 698895; AND EXCEPT THE SOUTH 12 FEET OF THE NORTH 42 FEET CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NUMBERS 8910160166 AND 8908070217; PARCEL C: THE NORTH HALF OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY WASHINGTON; EXCEPT THE NORTH 200 FEET OF THE WEST 114 FEET THEREOF; AND EXCEPT THE NORTH 30 FEET CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY INSTRUMENTS RECORDED UNDER RECORDING NUMBERS 698894 AND 698895 AND EXCEPT THE EAST 30 FEET FOR ROAD; AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROAD AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBERS 8908220303 AND 8909270145; SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON. SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or In Acts author sing the Issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. Notwithstanding any specific assurances which are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the Ianes of the land expressly described in the descriptlon set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or titre to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or Improvements, or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, flans, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assured% (2) which result In no loss to the Assured; or (3) which do not result in the invalidity or polential Invalidity of any Judicial or non-judidal proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, Legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land% the land described or referred to In Schedule (A), (C) or to Part 2, and Improvements affixed thereto which by law constitute read property. The term 'land" does not include any properly beyond the lines of The area described or referred to in Schedule (A), (C) or in Part 2. nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed; or other secudly Instrument. (d) "public records": records established under stake statutes at Dale of Guarantee for the purpose of hnparling constructive notice of matters relating to real property to purchasers for value and without knowledge. (a) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify The Company promptly In writing in case knowledge shah come to an Assured hereunder of any claim of Vile or interest which is adverse To the We to the estate or Interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice atrall not be given to the Company, then all fiabllity of the Company shag terminate with regard to The matter or natters for which prompt notice is required; provided, however, that failure to notify the Company shall in no rase prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at Its sole option and cost, to insti[ule and prosecute any apron or proceeding, interpose a defense, as limited In (b), or to do any other act which In its opinion may be necessary a desirable to eslabllsh the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terns of this Guarantee, whether or not it shall be !fable hereunder, and shall not thereby concede IlabiUty or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, It shall do So diligently. (b) if The Company elects to exercise Its options as stated In Paragraph d(a) the Company shall have the right to select counsel of Its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and well not pay llre fees of any other counsel, nor wl11 the Company pay any fees, costs or expenses Incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Compsny shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any Iltigallon to final determination by a court of competent Jurisdiction and expressly reserves the right, in Its sole discretion, to appeal from an adverse judgment or order. (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appears therein. and permit the Company to use, a[ its option, the name of such Assured for ibis purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid In any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which In The opinlon of the Company may be necessary or desirable to establish the title to the estate or Interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Lass or Damage. In addition to and after the notices required under Section 2 of these CondiBons and Stipulations have boon provided to the Company, a proof of loss of damage signed and swam to by the Assured shall be furnished to the Company wlthln ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the malers covered by this Guarantee which constitute the basis of loss or damage and shall stale, la the extent possible, the basis of calculating the amount of the loss or damage. If the Company Is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obllgalion to such assured under fhe Guarantee shall terminate. In addition, the Assured may reasonably be requlred to submit to examination under oath by any authorized representative of the Company and shall produce for examination, Inspection and copying, at such reasonable times and places as may be designaled by any authorized representative of the Company, all records, books, ledgers. checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the foss or damage. Further, If requested by any authorized representative of the Company, the Assured shall grant Its permission, In writing, for any authorized repreeenlallve of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party. which reasonably pertain to the loss or damage. All lnformatfon designated as confidential by the Assured provided to the Company pursuant to this Section shall rat be disclosed to others unless, in the reasonable judgment of the Company. it Is necessary in the administration of the claim, Failure Of the Assured tc submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental reguiation, shall terminate any liabllity of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to gay or setkie or compromise for or In the name of the Assured any eialm which could result In loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is Issued for the benefit of a holder of a mortgage or a lianholder, the Company shall have the option to purchase the Indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any coats, reasonable attomeyV fees and expenses Incurred by the Assured claimant which were aulhorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall termirrale all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such Indebtedriess shall transfer and assign said Indebtedness. together wilh any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed less or damage, other than to make the payment required In that paragraph, shall terminate. Including any dbllgallon to continue the defense or prosecution of any IlligaAan for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To fray or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otfrerwlse settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attomeye fees and expanses Incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for In Paragraph (b) the Company's obligation to the Assured under this Guarantee for I" clamed lass or damage, other than to make the payment required In that paragraph shall terminate, Including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised Its Options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth In this Guarantee and only to the extent herein described. and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated In Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgages, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section g of these Condilloris and Stipulations, at the Ilene the loss or damage assured against by this Guarantee occurs, together with Interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the tige, or removes the alleged defect. Hen or encumbrance, or cures any other matter assured against by this Guarantee In a reasonably dillgent manner by any method. Including 1190tion and the completion of any appears therefrom, it shall have fully performed its obligations with respect to that malter and shall not be liable for any less or dome" caused thereby. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Company+s consent, the Company shall have no liability for foss or damage until there has been a FInat delerminaiton by a court of competent jurisdiction, and disp"Hon of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro Canto. 10. Payment of Lons. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall ba furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed In accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Setttemart. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property In respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary In order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured alter the Assured shall have recovered its principal, Interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arblration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to INS Guarantee, any service of the Company in connection with Its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1.000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, If any, attached hereto by the Company 6 the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.' (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by eilher the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in wriling required to be furnished the Company shall Include the number of Ibis Guarantee and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) RECEIVED MAR 18 Z008 CITY OF FEDERAL WAY AGIENT VqNORIZATION Dates October 3, 2005 Re: Life Way Church Project To Whom It May Concern: L ife., 1 wnv- i The purpose of this Agent Authorization is to provide notice that Abbey Road Group, LLC (hereinafter "Agent") has been given the authority by LifcWay Church (hereinafter " Owner ") to act on behalf of Owner with respect to the development of certain real property in Federal Way, Washington. The development is known as Life Way Church Project (hereinafter -`the Project"). The Project includes the following tare parcels: Parcel #: 30210049055_ 302.1049082, 3021049021, 3021049020, 3021049036, 302109119 On behalf of Owner, Agent is authorized to apply for and process permits with- or within as the case may be. the City of Federal Wav, King Counhf, Washington State.. Department of Ecology, Washington State Department of Fisheries, Washington State Department of Transportation, the U.S. Artny Corps of Engineers. local utility districts and/or any other Jurisdictions or utilities having connection with or jurisdiction over the Project. Further. on behalf of Owner, Agent is authorized to take such actions as are reasonably necessary for development of the Project with or within those entities identified in the preceding paragraph. Further, Agent is authorized to petition, execute rind enter into contracts on behalf of Owner with consultants and/or contractors for the purpose of developing the project and/or Property. Agent 'is authorized to represent Otyner in dealings -,� ith consultants_ contractors or any agency having jurisdiction Duct the project and/or property. Agent is authorized to he Owners representative for this project and /or property. ® An}, actions taken by Agent under this authorization are effective, if and only if, approved in ""citing by Gil Hulsmann_ Vice -President, and Director of Lind Development (Agent). .Agent is not. however- authorized to act on Owner's behalf with respect to the selling_ pledging, ithin the Project and Agent has no authority to make decisions renting or li asing of the property N� on behalf of O«ner, or petition_ execute or contract tyith or otherwise represent Owner lit such matters, or in matters which affect the daily operation of LifcWay Church. Agent has no authority to act on behalf of O�,,ner if such actions are illegal or criminal.. 'S015'SVi/'basli `Point"Rid`"`'< Federal Way, WA 980023 � (253) 946-8107 t-- lifeway-cn, ine.org al Tbis agency may be terminated at any time by Owner upon the execution of an agency termination document executed by the undersigned managing members of ONvner. <6 Date Rik Budd, Chainnan Elder Council LifeWay Church n,_1._ .... .... .......! i..,. �j + . ^ r � i F • � - o Lm s s L) a '` 00 MAR 18 Z008 0 CITY OF FEDERAL WADY o C®S CS m Ch Ch ti Ch N Cy Ch fi ci m WIN 16 ci CL LL M in T, M as rs. N CL Ch MT 3AV CM Ch Ch I T% v Ito Ch In- r6 Ch IN Ch 4TH AVE SWI m Ch % p trh a v P. Iii V co rs. n. %� 0 ill C O Y pLLr7 m � S AV 4117 e�'•1 d U L r M M � N S 'd PUZ CL i uL: - � o m _ ��� �'CA .. s Add' 5 AV M- • th 7E +�'f � IV' MS ►►a PuI .V ..J MS AIV PJ6 MS AV flit,' pith Qt SW w ap +�+ E L "'LU Lj w w ua � MS V 09 � � z Ct SW �`� MS AV 419 N MS AV tf. US rya MS AV1S E� �C33 to MS AV 416 lath Pi 111 MS AV 4304 C Ico 0 T T MAR 1 8 2008 c CITY OF FEDERAL WAY � CDS RECEIVED MAR 18 2008 CITY OF Y OF FEDERAL WAY Federal W CDS APPLICATION NO(S) Project Name Lifeway Church Property AddresslLocation L35615 V Avenue SW — Federal Way Parcel Numbers) 302104020,3021049118,3021049036 MAS rEIt AND USE APPLICATION DEPARTMENT of COMMUNITY DEVELOPMENT SERVICES 33325 81iAvenue South Pa Box 9718 Federal Way WA 98063-9718 253-835-2607: Fax 253-83 5-2609 www.r.itwffederalway.corn Project Description PI VASE PR]isi T Type of Permit Required Annexation B uid' B oundary Line Adjustrnent Cornp ezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director aApproval) Process H (Site Plan Review) Process III (Projmet Approval} Process IV (Hearing Examinees Decision) Process V (Quasi-JudicialRezone) Process VI SEPA w/Froj tot SEPA Only Shoreline: VariancdConditional Use Short Subdivision Subdivision Variance: Comimercial/Residential Required Information RS 7.2 Zoning Designation SF -HD Comprehensive Plan Designation value of Existing Improvements Value of Proposed Improvements International Building Code (M C): A-3, E.1.4 Occupancy Type V-A Proposed Construction Type Applicant Name: Address: City/State: Zip: Phone: Fax: Email: D ate 1 i nes �O f llsirizf" o.-p Abbey Road Group P.O. Box 207 Puyallup, WA 98371 253.446.3523 253.446.3159 Barb�raN@AbbeyRoadGroup.com Agent (if Afferent than Applicant) Name: Abbey Road Group Address: P.O. Box 207 City/State, Puyallup, WA Zip: 98371 Phone: 253.446.3523 Fax: 253.446.3159 Email: f} BarbaraN@AbbeyRoadGroup.com 31gnatuxe:' .[.. 11 1 1, A i n ,I . n!} . I f Owner Name: Nehemiah Group Address. 5015 SW Dash Point Road city/State: Federal Way, WA Zip: 98023 Phone: 253.946.8107 Fax: Email: RBudd@Lifeway-online.org Signature; Mf � LOT CLOSURE REPORT LIFEWAY CHURCH LOT 1 In-erse with Area 10/30/2008 CRD File> P:\PROJECTS\2007\2007186\07186closure.crd PNTNO BEARING DISTANCE NORTHING EASTING STATION DESC 670 7071.7480 2132.4671 0.0000 0 S 88034,27" E 537.4700 671 7058.3742 2669.7707 537.4700 CLOSURE RADIUS: 25.0000 CHORD: 35.4543 DEGREE: 229010159" DIR: RIGHT LENGTH: 39.4100 DELTA: 90019116" TANGENT: 25.1405 CHORD BRG: S 43024149" E RAD-IN: S 01°25'33" W RAD-OUT: N 88015'll" W RADIUS PNTNO: 673 N: 7033.3820 E: 2669.1486 674 7032.6198 2694.1370 576.8800 CLOSURE S 01044149" W 204.8600 675 6827.8550 2687.8918 781.7400 CLOSURE S 88034127" E 12.0000 676 6827.5564 2699.8881 793.7400 CLOSURE S 01044149" W 58.0000 677 6769.5834 2698.1199 851.7400 CLOSURE N 88*18100" W 626.1400 678 6788.1586 2072.2555 1477.8800 CLOSURE N 01042156" E 284.5300 679 7072.5611 2080.7737 1762.4100 CLOSURE RADIUS: 2822.9300 CHORD: 51.7048 DEGREE: 02001147" DIR: RIGHT LENGTH: 51.7055 DELTA: 01002158" TANGENT: 25.8535 CHORD BRG: S 89005156" E RAD-IN: S 00022135" W RAD-OUT: S 01025133" W RADIUS PNTNO: 680 N: 4249.6920 E: 2062.2294 681 7071.7479 2132.4721 1814.1155 CLOSURE Closure Error Distance> 0.0050 Error Bearing> N 88°55144" W Closure Precision> 1 in 364253.95 Total Distance Inversed> 1814.1155 Area: 176508.8 S.F., 4.05 Acres RIES : LW Y�0 Of- ,t . A ❑A RF 1963 ii1 BlI1Li3113Eg x� /� � EaEs it 23�09 Page 1 of 2 LOT CLOSURE REPORT LIFEWAY CHURCH LOT 2 Inverse with Area 10/30/2008 CRD File> P:\PROJECTS\2007\2007186\07186closure.crd PNTNO BEARING DISTANCE NORTHING EASTING STATION DESC 678 6788.1586 2072.2555 0.0000 CLOSURE S 88018,00" E 626.1400 677 6769.5834 2698.1199 626.1400 CLOSURE S 01044'49" W 331.5200 682 6438.2175 2688.0135 957.6600 CLOSURE N 88046'38" W 625.9800 683 6451.5758 2062.1760 1583.6400 CLOSURE N 01042'56" E 336.7400 684 6788.1649 2072.2572 1920.3800 CLOSURE Closure Error Distance> 0.0065 Error Bearing> S 15*09152" W Closure Precisi on> 1 in 295986.68 Total Distance Inversed> 1920.3800 Area: 209179.1 S.F., 4.80 Acres LOT CLOSURE REPORT LIFEWAY BLA LOT 3 Inverse with Area 3/14/2008 CRD File> P:\PROJECTS\2007\2007186\07186closure.crd PNTNO BEARING DISTANCE NORTHING EASTING STATION DESC 608 3918.204 1416.997 0.000 CLOSE ORG S 01043152" W 661.910 624 3256.596 1397,001 661.910 CLOSE ORG N 88051143" W 327.820 625 3263.107 1069.246 989.730 CLOSE ORG N 01042156" E 662.390 632 3925.200 1089.076 1652.120 CLOSE ORG S 88046138" E 327.990 633 3918.201 1416.992 1980.110 CLOSE ORG Closure Error Distance> 0.0059 Error Bearing> N 62023133" E 0 Closure Precision> 1 in 332992.59 Total Distance Inversed> 1980.110, � Itid Area: 217113.7 S.F., 4.98 Acres -, Al Page 2 of 2 Lot Report 6/11 /09 LOT LOT 1 Lifeway Church BLA PNT# BEARING DISTANCE NORTHING EASTING 701 - 10721.5614 -6.1789 N 88017'58" W 626.1000 702 10740.1415-619.6454 N 01 042'56" E 366.0500 703 11106.0274-608.6867 RADIUS:2822.9300 LENGTH:51.7055 CHORD:51.7048 DELTA: 01 °02'58" CHORD BRG: S 89°05'56" E PC-R: S 00°22'35" W PT-R: SO 025'33" W RADIUS POINT: 704 8283.1583,-627.2310 TANGENT: 25.8535 7 05 11105.2142-556.9883 S 88034'27" E 537.4700 706 11091.8404-19.6847 RADIUS:25.0000 LENGTH:39.4100 CHORD:35.4543 DELTA: 90019'16" CHORD BRG: S 43024'49" E PC-R: S 01 °25'33" W PT-R: N 88015'11" W RADIUS POINT: 707 11066.8482,-20.3068 TANGENT: 25.1405 708 11066.0860 4.6816 S 01 044'49" W 204.8600 709 10861.3213-1.5636 S 88034'27" E 12.0000 710 10861.0227 10.4327 S 01 044'49" W 139.5200 711 10721.5675 6.1794 Closure Error Distance> 0.006158 Error Bearing> S 04°40'51" W Closure Precision> 1 in 321055.1 Total Distance> 1977.1155 LOT AREA: 227553.7 SQ FT OR 5.22 ACRES Lot Report 6/11/09 LOT LOT 2 Lifeway Church BLA PNT# BEARING DISTANCE NORTHING EASTING 701 10721.5614 6.1789 N 88017'58" W 626.1000 702 10740.1415-619.6454 S 01 042'56" W 255.2200 712 10485.0359-627.2860 S 88046'38" E 625.9800 713 10471.6775-1.4486 N 01 044'49" E 250.0000 714 10721.5613 6.1727 Closure Error Distance> 0.006174 Error Bearing> N 89°42'31" E Closure Precision> 1 in 284616.6 Total Distance> 1757.3000 LOT AREA: 158140.1 SQ FT OR 3.63 ACRES - 0/ �3:f� y�v�Sl �1�sia�•' ��ri v n + III 5.f m � II N 55 1 1; 41� IaI II . f 1 I I f I II li .' Sa 37x 8TH, AVE. 5- W. .o ,a El -K I pl` (J•i� f" � ^ � _gyp �tl M - '1 Eb - - !1 ., Y- N,'- FfH AVE. _ . - • -_... .... ��n 1130 JI-----•—rv� v ,N E— • 4THH AVE, - 1 II I � i q ��• • e + � � AVE- --•� cn W 2 i I I Il i I I II 11 I I I I I I Illl I I I f —mini I U I IIII II I I I Il I f Ior r---------I I i PHASE II - ADDITIONir _ G , s c as I i I I I I I I I I I I ROW I DEDICATION I I I I i I I I 0 PROPOSED PLAZA BUILDING PHASE I 0 FUTURE RESIDENTIAL DEVELOPMENT k! DEDICATION i I -- I DETENTION POND I 1 zo'-u' 1 I UNDEVELOPED AREA I i I PARKING- 1198 SPACES - Ind. 13 HCI 2nd AVENUE SW PROPOSED SITE DEVELOPMENT PLAN SCALE Y' = 40' 0 25' 50' - 150' 250' d Q m c L0 A-7.0 r— TOI. I r - ■ 'Aa- I f I� r` ` - - - - 1[] - - - - - - 1 I cr PATIO I � I MAIN ENTRY I I I I f I I I FIRST FLOOR PLAN ssv^ ,,m $GALE V6" F T-0" TOTAL &LDFr. AREA = 2V05 SgFr. 0 25' 5.01 oo ]So' 0 2 a° 3z U CO) o o a� ,�U W� LLvl- Zi O Aw2 ❑❑ ❑❑ ❑❑ ❑❑ N t o 2 Q M _ C U 0 i 07 - 0cn 9 '� Occ Ic LO m 4N N Oy CL SECOND FLOOD PLAN asb!�%o,Boor A —— SCALE V8" = f^a.- TOTAL BLLIDING AFEA = 21705 SgFI. — 0 25, 50' 100' Am3 IMMONEWN-M w i ■ LIFE WAY CHURCH 4TH AVE. sw -� SEC. 30/TWN. 21/RGE. 04, W.M. 30' 3' 5' 3.5 28'. � .. S.W. L.S. ASPHALT CURB UTILITY S•W L.S. ASPHALT CURB SITE PLAN (OPTIONAL) SECTION ON 'AA• STRIP SECTION 'BB' MAJOR ROAD MAJOR ROAD - U (O \: 70 Lj I _ _I I PROPOSED BLDG. I z SEE BACK SCALE LIN\ \ GRAPHIC 1 -1f— -IN M-r �4 I I. \ �• % I (— -I ( f _ ^ter - - _ - I }' ' 1' I \ man - ao a F II!i \\_\\\l 7,610.52 SF -� I I LOT g28 I I LOT 25 I I' I . REMO REMOVED- $ LOT $24 OT 3 I I ' TO BE TO BE l 7,2.0.94 SF I 7,208.75 SF 7,200, SF . $22 LOT $21 LOT $20 LOT @@18' LO7 $12- 7. 77.78 SF ' 7,205.80 SF 'lb I ( LOT p18 LOT $17 LOY�T6- - -LOT /IS LOT $74 7.54M1.67 SF I 1 II \\� I' I I I III, I i I I 7.219.04 SF 7.2 SF I .LOT $11 ._ 7.257.37 SF 7.200.95 SF 7,200.04 SF 7.203.3Fw3F , 7.207.70 SF I.. I 1 / SITE INFORMATION: _ ^-lI I � $13 STORM POND \ �,. \ f9TWUNE OSED 721 .0 —L 5,560%0( SF \ \\' /' _ `.� \.I I 'I�._ 0 9 Iy3o27oa9ozD U o N �'•I4---/ 4 5.74 SF I \�. 3021Q49058 L _ L _ L L — \ I I \,LOT - ) ... ... . �.. .... . � ... .. � �,i1 I I �-- `�•` i021049082 049021 � 8,247.48 SF \ , — - --I _ _PRS�PoSED t I C �1-� i I lit � 021004.9�i78 i -- - __- _ _ _ I I TOTAL AREA - 1,010,136.27 SF/ 23.18 ACRES m N a .LOT=$9I 76 `i.I I - al LmNro- Y l0 (6 I.. .� -- — --CU _:7,349-85'SF _ __ _._. T- \ -_ -'-- a __ _._. `I-- _ ._ _�. - f - -_ I _ ._ \;.. Y !1I BURRING 'A' - 41.613.00 5F PAD t rl =1a1' � m—\:_:...: t.._- - _ 1: l0T $29 // \ ' I 1 I--� I o,TO BE- - ..,> �, A. I I BUILDING '8' - 29.81i3.00 SF PAD i% O, 8.8b7.445F\ I I I I / I I t 1 .i LO •O II ,�! �, _►I I I ti I I I I I I/ I I I I I �i III I II�ELDG i�III I I II , �< R ��I 'i r� ,�, I/./ u, I J .moo B-BASMIA2. I // I I E•a}!Fi ao::*,::��'� . I . ac. . ; .. LOT $1 .I-...... �Oz'-A2 I LOT $3 .) . I I I j` 6 // I I I• 0 a I I - 7 317 OS SF I 7.201.10 SF 7,201:66 SF 7 20'Y 73 17;202T7455F Q. l07 $8 \' LOT $3b LOT. $31 LOT ..LOT lDT - `�. - 1AT v I . _LOT I pAD I ,,. I ) 9,1SF;$S1 �LOT i7.26�9 7267. 766.2jgT/qpSF � SF i 283287.0.976.75. =L_EXISOhG PROP ONE—( JL JL J . I . - �... _J L _ J I L . J L . �! .L L= . J' sA�o - - -�EMOVEO — _ w - it NUMBER -- ----- , -\ i t i I c : r I • i i ` IIII , „ ,.. ,(,. / � ,. ... - .N ,� . - , , . c I_.. \•- -. LOT $X � � {{) DIED IPROPOSED LOT ,� (I -I--- III III III III �I�I I I , ' 4 2e. .: LOi $B LO7.$5 LOT $4 Lot, I J " .. I Q. CW U I� $3 _ J �. I, < I I yp $2 toT $1 i = <C 8.5.17 '. I LO7 $8 1 I �.625.Og I 7.65 .28 7.647.50 7.649.7T ' 7 657.93 7.272.24 - - _ - I ; _. PROPOSED BUILDING I I ( e - J I 8,357.30 I I I II I I I ( SF 'I I a I '� --_ _ -_-_ _ _-_ _ _-__. - _ _ _ -.� I _ _ _ Al } .... ��.. 7,616.84 „"`-,.SF - �. Q h- Q LOT $7 W N I:. I I. i m I I -- 51..p9 44 4 .�I 3 " =M , to F III REMO . I I J I L--"--4 L . -J L.� - I I ... .. \ . - , . -: I O — iL LQ _ SETBACK UNE� IIII I ► JIL I _' I' I � `� � 3 i I L--- J JJJ I\ _ _ .-- _ _-_ 1 I _ I LOT DETAIL �N = (L LL iTpjy Jill — _ — I / --....,.: I / z,` \.. • \ \ MINIMUM LOT: -7,200 $F LL J ^ UL - 48,4t8.60 SF II III.'. _ - — . � � 0 Q QJ � _ W T 29,883.00'•SF PAD \ (' i O T— — —r — = co �I� I I I I —� I 6 N M a m M , I I I I I I �I mM7"tI:. Q N o M LOT $f0 111 I. LOT $12 I LOT $ Lor $i LOT $ts i. LOT $16 I. LOT$171I1. 10T-$7$, I I' '• 4 444.I .`.I 8,458.51 I 8.267.92 7.SSF.41 7,51 " ` (; 7.3°05:00 ' 7.496.79 ' 7.488.58 7,272.37 ' 7 e _. -❑ ❑ ❑ .236.84" II' rI SF III II _ III-- -, rr� riI — �17' 30 14 �- --� L 1 TO UE [41, 13.00 SF PAD _ / - _--- DROP-OFF AREAREMOVED R J n 1 5 I I RE ZO ND - , I : s WATER FRESSU - _ _ -__ _ _. -. _._ NE BOU ARY LINE :.. 0 g l I R EI ED L - -- — :., 1 CYTYO EDE L WAY T c B :.. J JJ JJJ JJJJJJ J JJJJJ 'INr JJ l d J J J J - �0 lat PROPOSED ---._ _ -_. ... _ _ _ 1ST AVENUE S\~. -. I RIGHT OF TO �D" .._...-- _ _ R - 2005 Road . WA All s reserved. WAY -- /_ .. _ W Abbe R Group. LLC.PuyolluP rights EMO _ 7 \ o r -_ These-0rawings. plans.:spd jootionsand other documents, inducting those to electronic, other r i7 C ore ow d' y Abbey ood Grcu LLC and it retains oil common law, statutory and other 7- •• p N reserved rights, inducting copyrights.. These drawings, plans specifications and other documents cannot be copied, distributed, p d / I submitted to bey R ad Group. govemmentd agencies and lenders) without the express written Z O W t`"' N consent of Abbey Road Group, LLC. +- F- 'G • p Thee. Plans, drawings, specificationsconder anal other d I complete only and are m to >y a F W aH until 'hey. The sbe considered informational only ontl incomplete. Do not rely upon them W W d Q = �. -, - I until they ore finalized. O O Q p p M $ CITY OF Feder0% al Way BOUNDARY LINE ADJUSTMENT NO. 08--101306-- 00- SU CITY OF FEDERAL WAY KING COUNTY, WASHINGTON KING COUNTY HEALTH DEPARTMENT Examined and approved this day of 20_. NAME AUTHORIZATION THIS BOUNDARY LINE ADJUSTMENT IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE OWNERS OF THE AFFECTED PROPERTIES. RIK UDD, ELDER Date State of Was'Pgton County of __ �j'''�z�p_' I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT RIK BUDD IS THE PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT HE SIGNED THIS INSTRUMENT, ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS, ELDER OF LIFEWAY CHURCH THE MEMBER OF NEHEMIAH GROUP L.L.C. A WASHINGTON LIMITED LIABILITY COMPANY, TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR TI ()SES AND PURPOSES MENTIONED IN THE INSTRUMENT. ci4l. BFfliyOp E dry Signature of//�.. Notary Public -i Z Printed name1P.id�.' �.- taobSDn sOUc � f Dated t My appointment expires 09 °k1zW3 Rr-�'_"*nr�r-r7'C (-E:_RTIFIr.ATF ....... fil CONFORMED COPY ....M it 2009090900001 of CITY OF FEDERA BLAM 143.00 ""•'•' PAGE-ool004 09/03//2009F10:23 Mgr._ __DuPL. �__..a8...... APPROVALS: CITY OF FEDERAL WAY Examined and approved this � day of 2009. • DIRECTOR OF PUBLIC WORKS Examined and approved this 7r7day of2Q09, DIRE&OR OF 'CO0AUNITY DEVELOPMENT SERVICES ORIGINAL LEGAL DESCRIPTIONS PARCEL "A" TAX PARCEL NO. 302104-9020 THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY INSTRUMENT RECORDED UNDER RECORi.ING NUMBER 698895; AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROAD AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 8910271552 PARCEL "B" TAX PARCEL NO. 302104-9118 THE NORTH 200 FEET OF THE WEST 114 FEET OF THE NORTH HALF OF THE - EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M. IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 30 FEET CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY INSTRUMENT RECORDED UNDER RECORDING NO. 698895; AND EXCEPT THE SOUTH 12 FEET OF THE NORTH 42 FEET CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO5. 8910160166 AND 8908070217. PARCEL "C" TAX PARCEL NO. 302104-9036 THE NORTH HALF OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT- THE NORTH 200 FEET OF THE WEST 114 FEET THEREOF; AND EXCEPT THE NORTH 30 FEET CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY INSTRUMENTS RECORDED UNDER RECORDING NUMBERS 698894 AND 698895; AND EXCEPT THE EAST 30 FEET FOR ROAD; AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROAD AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBERS 8908220303 AND 8909270145; SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON, 1/16 COP, SEC. 30 N 88°41'33" W 1312.68' 1/16 COR. L=857.83' L=52.60 SEC. 30 _ R=2864.93' P=2864.93' 0=17°09'21" A=01°03'07" SE 1/4 OF NE 1/4 OF N SEC. 30, T. 21N., R. 4 E. 3 N W MZ) m ^ �w N� 5 88°46'38" 655.98' Q 0 327.99' 3 � U) w ) N O a- V) z O o p s� z 327.82' 1/16 COP. 5 88-51'43" E 1311.26' E 1/4 cop.. 30 SEC. 30 LAND SURVEYOR'S CERTIFICATE This Boundary Line Adjustment correctly represents a survey made by me or under my direction in conformance with the requirements of the appropriate state and city statute and ordinance in OCTOBER, 2007. ... !�J�✓". 4 ... . Certificate No. 19635 KING COUNTY RECORDING N'0. VOL./PAGE DEPARTMENT OF ASSESSMENTS Examined and approved this 1S_rday of . 2009. -/ l iC j L"� N rJ A Assessor Deputy Assessor 3021049020, 3021049118, & 3021049036 PORTION OF Account Number SE /4 OF THE NE 1/4 OF SEC. 30, TWP. 21 N., RGE. 4 E. W.M. REVISED LEGAL DESCRIPTION LOT 1 THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OFI THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., SITUATED IN THE CITY OF FEbERAL WAY, 348 ST KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAIb SUBDIVISION; °i THENCE SOUTH 01044'49" WEST, ALONG THE EAST LINE SAID SUBDIVISION, 272.00 FEET, THENCE NORTH 88034'27" WEST 30.00 FEET ST. TO THE WEST MARGIN OF 1ST AVENUE SOUTH AND'THE TRUE POINT OF BEGINNING; ,6oh Sw THENCE SOUTH O1°44'49" WEST, ALONG SAID WEST MARGIN, 139.52 FEET, THENCE NORTH 88017'58" WEST, 626.16 FEET TO' THE WEST LINE OF SAID SUBDIVISION; 56" EAST, THENCE NORTH 01°42' SITE �IVISION; LU ALONG SAID WEST LINE, 366.05 FEET TO THE SOUTH MARGIN OF � SOUTHWEST 356TH STREET; THENCE EASTERLY ALONG SAID SOUTH MARGIN AND ALONG A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 00022'35" WEST 2822.93 FEET DISTANT, THROUGH A :CENTERAL ANGLE OF 01002'58", AN ARC DISTANCE OF 51.71 FEET; THENCE SOUTH 88034'27" EAST, ALONG SAID SOUTH MARGIN, VICINITY MAP n.t.s. 537.47 FEET; THENCE ALONG A CURVE To THE RIGHT, THE CENTER OF WHICH N� Q�~ BEARS SOUTH 01025'33" WEST 25.00 FEET DISTANT„THROUGH A CENTERAL ANGLE OF 90019' 16", AN ARC DISTANCE OF 39,41 FEET TO THE WEST MARGIN OF 1ST AVENUE SOUTH; THENCE SOUTH 01044'49" WEST ALONG SAID WEST MARGIN, 204,86 FEET: THENCE SOUTH 88034'27" EAST, 12.00 FEET TO THE TRUE POINT OF BEGINNING. S.W. 356th ST. LOT 2 THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., SITUATED IN THE CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 01044'49" WEST, ALONG THE EAST LINE SAID SUBDIVISION, 272.00 FEET; THENCE NORTH 88034'27" WEST, 30.00 FEES TO THE WEST MARGIN OF 1ST AVENUE SOUTH; THENCE SOUTH 01044'49" WEST, ALONG SAID WE5T MARGIN, 139.52 FEET TO THE TRUE: POINT OF BEGINNING; THENCE NORTH 88017'58" WEST, 626.10 FEET TO THE WEST LINE OF SAID SUBDIVISION; THENCE SOUTH 01042'56" WEST, ALONG SAID WEST LINE, 255.22 FEET TO THE SOUTH LINE OF THE NORTH HALF OF SAID SUBDIVISION; THENCE SOUTH 88046'38" EAST, ALONG SAID SOUTH LINE, 625.98 FEET TO SAID WEST MARGIN; j THENCE NORTH 01044'49" EAST, ALONG SAID WEST MARGIN, 250.00 FEET TO THE TRUE POINT OF BEGINNING• LOT 3 I 4 THE SOUTH HALF OF THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTEROF SECTION 30, . TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., SITUATED IN THE CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON. AREAS: ORIGINAL LOTS PARCEL "A" 420,888 SQ. FT. 9.66 ACRES PARCEL "B" 18,076 5Q. FT. 0.41 ACRE5 PARCEL "C" 163,841 5Q. FT. 3.76 ACRE5 REVISED LOTS LOT 1 227,553 5Q. FT. 5.22 ACRE5 LOT 2 158,140 5Q. FT. 3.63 ACRE5 LOT 3 217,114 5Q. FT. 4.98 ACRE5 SA DLER / BARNARD & ASSOC. INC. LAND SURVEYING PLANNING & PLATTING 717 W, STEWART, PUYALLUP, WA. 98371 OLD LINE LOT �1_ Q ox •-, NEW LINE SHEET 3 �. SHEET 2 m. OLD LINE LOT P�CIP Q ..tlilllllllll�lllii�... • _ NORTH SHEET IN EX 0W ILLAHE6 Mibt)(E SCHOOL 5015 SW [)ASH POINT Pb. �.FEbERAL 98023 C)ATE JOB NO. 2007186.02 ISHEET ` l 1 Federal Way BOUNDARY LINE ADJUSTMENT NO. 08-101306-00-SU CITY OF FEDERAL WAY KING COUNTY, WASHINGTON LEGEND a MAIL BOX SIGN LUMINAR W B O WATER BLOWOFF ❑ PM POWER METER TRANSFORMER © POWER VAULT ® CATCH BASIN } POWER BOX ik POWER POLE E-- GUY WIRE 41� POLE W1 LIGHT ® TELEPHONE MH ® TELEPHONE RISER SEWER CLEANOUT °— WATER SPIGOT © WATER METER D4 WATER VALVE Q FIRE HYDRANT 0 WATER VAULT t Vl GAS VALVE CONIFER TREE (SIGNIFICANT TREES) DECIDUOUS TREE (SIGNIFICANT TREES) CncXD0 ROCKERY MONUMENT AS DESCRIBED 0 SET REBAR AND CAP, LS 19635 O FOUND SURVEY MARKER AS DESCRIBED GRAVEL l CONCRETE CHAIN LINK FENCE X—X —X WIRE FENCE Q—o—o WOOD FENCE W WATER LINE G GAS LINE T UNDERGROUND COMMUNICATIONS LINE P UNDERGROUND POWER LINE -------- OVERHEAD POWER LINE (M) MEASURED VALUE (c) CALCULATED VALUE (Pi) BROOKLAKE MANOR DIV. No. 2, VOL.113, PAGES 74 - 76 (P2) JOHN ROE ADDITION. VOL 118, PAGES 80 & 81 (R) RECORD OF SURVEY REC.No.20040709900007 av z?LU 53� \0t!)H p Q Z o z 0 Oaz�' wmH. LU � ao u- No H v- .N-r ZZHq�t- Lu Lu�awzz ¢5>"ww WUOpaa I -F— L0 42' M I tJ, � ao 0 w10 z J z� P Cr V U- 3. w0 m- I M F_ N ° ()0 M 00 00 z z BA5I5 OF BEARINGS AND SECTION SUBDIVISION: RECORD OF SURVEY AS RECORDED UNDER RECORDING NUMBER 20040709900007, RECORDS OF KING COUNTY, WASHINGTON VERTICAL DATUM: CITY OF FEDERAL WAY BENCH MARK BM No 2166-67-1 TOP OF MONUMENT IN CASE LOCATED AT THE INTERSECTION OF FIR5T AVENUE SOUTH AND 5W 356th STREET. ELEVATION 260.617 SURVEYOR'S NOTES: 1. SURVEY PERFORMED BY FIELD TRAVERSE AND ELECTRONIC DATA COLLECTION USING EITHER A TOPCON GPT-3005W TOTAL STATION OR A 50KKIA 5RX5-AT 5" ROBOTIC TOTAL STATION AND CARLSON EXPLORER DATA COLLECTOR. 2. CLOSURES EXCEEDED THE MINIMUM REQUIREMENTS AS ESTABLISHED BY WAC 332-130-190. RECORDING NO. 761 SCALE: 11" = 50' VOL./PAGE 2,.1615 I ill 50' 100' 150' PORTION OF SE 1/4'OF THE NE 1/4 OF SEC. 30, TWP. 21 N., RGE. 4 E., W.M. BROOKLANE 0 MANOR m 1 I V. No. 2 25' 25' O 1st AVE. S. A BASIS of BEARINGS CURB CURB i __ _ 1322.84' (M) 1322.87 (R) 1322.91' (Pl) o a 272.00' �/ — — ) — ) — — _ _ _N 01044'49" E �'� °�N oto ) / 389.42' d �i i Q _ CONC. CURB / =M / 389.52' `� M N 001 ED E O ,ASP AL co •------•,�- i.4 204.86' U O O /;_10 0 N N Z O 0 // N N 0 % � ( i O\ � O Z 0o Z o o J� 0/ J 00 00 4.i rr Cn� O MN 11 it " T V �- OF �58 w CO N ' 00C\l' / Z jt li mad �( Z Hrh 42' \*n1139.52'M HOUSE DECK O� v > tf)Lu ' D Z00 l iwc lo�ww Wwz ❑ 3 QW N SHED cn W a / ° ARAGE / / �� PARCEL "C" �\ i TAX ACCT. # 302104-9036/ S O1°43'52" W I — � 1 00 I ,I 1 Ili I'i o H co 0 1, z 0o w�Z O Qw v) w a N rn Q S Q � \.45 �� \ M 1 PARCEL "B" \TAX ACCT. #I 302104-9118I( j GARAGE I I I' / 158.69' n 17 J NLO li z ��� NN I I 00 I I I 'co i I. ¢�Zco0 N 3 w o�1 i wzd ao¢wzl II i I I pvwa°ts I ( / ( N I LOT LINE TO BE 1 REMOVED tz (N w (n U 461.89, Q ' U') N 620.58' r" � 1282.49' N N 01043' 52" E w °° \ 00 00 19635 9 mm M wj o za ly a O v a- �" M ) �O10 /Lu Z zo .a M cli / N I ° � H - j" z 1. cr 00 I� o O. ON L _ 0' �¢zLu (, � �. Y v Md ¢ 0O p Z 00Z wz U _ _ -- N — I I FOUND REBAR _co (NO CAP) �\00 .w---� W � =0.13' 230 Q Lb LINE ;\ \o II _----- 7-7. Lu ul 00 - ego \ 000 Lu 00 Z 3 ' � CONC. FOUNDATION SA DLER / LIFEWAY CHURCH BLA 5015 SW DASH POINT RD. B A R N A R D FEDERAL WAY, WA. 98023 & ASSOC INC w Q 0. 0 • DWN. BY DATE JOB NO. LAND SURVEYING T.W.K. 10'30-2008 2007186.02 PLANNING & PLATTING CHKD. BY SHEET 717 W. 5TEWART, PUYALLUP, WA. 98371 D•O. 2 OF 4 i CITY OF SAO% 1, Fedel iwww do-mamm BOUNDARY LINE ADJUSTMENT NO.08-101306-00-SU CITY OF FEDERAL WAY KING COUNTY, WASHINGTON LEGEND c MAIL BOX SIGN LUMINAR WBQ WATER BLOWOFF PM POWER METER M TRANSFORMER © POWER VAULT ® CATCH BASIN { POWER BOX �1 POWER POLE E--- GUY WIRE POLE W1 LIGHT ® TELEPHONE MH 0 TELEPHONE RISER ❑ SEWER CLEANOUT °-- WATER SPIGOT [WQ WATER METER D4 WATER VALVE :Q FIRE HYDRANT WO WATER VAULT pd GAS VALVE CONIFER TREE (SIGNIFICANT TREES) DECIDUOUS TREE (SIGNIFICANT TREES) CxDC)o ROCKERY MONUMENT AS DESCRIBED ® SET REBAR AND CAP, LS 19635 0 FOUND SURVEY MARKER AS DESCRIBED GRAVEL CONCRETE 42' V IZ� Z Op ��tZcv UHH.� �q QU o_ I LL Co z: + --r— CHAIN LINK FENCE 2nd AVE. S W. X—X —X WIRE FENCE o -- o — o WOOD FENCE _ o W WATER LINE o ►n � o G GAS LINE T UNDERGROUND COMMUNICATIONS LINE -" P UNDERGROUND POWER LINE -------- OVERHEAD POWER LINE (M) MEASURED VALUE (c) CALCULATED VALUE (Pi) BROOKLAKE MANOR DIV. No. 2, VOL.113, PAGES 74 - 76 (P2) JOHN ROE ADDITION. VOL 118, PAGES 80 & 81 (R) RECORD OF SURVEY REC. No. 20040709900007 SURVEYOR' 5 NOTES; 1. SURVEY PERFORMED BY FIELD TRAVERSE AND ELECTRONIC DATA COLLECTION USING EITHER A TOPCON GPT-3005W TOTAL STATION OR A SOKKIA SRX5-AT 5" ROBOTIC TOTAL STATION AND CARLSON EXPLORER DATA COLLECTOR. 2. CLOSURES EXCEEDED THE MINIMUM REQUIREMENTS AS ESTABLISHED BY WAC 332-130-190. RECORDING NO. VOL./PAGE I I SCALE: 1" = 50' 0' 50' 100' 150' PORTION OF SE 1/4 OF THE NE 1/4 OF SEC. 30, TWP. 21 N., RGE. 4 E., W.M. 21j' PARCEL �����\ \ 23\TAX ACCT. # 302104-911GARAGE or 158.69' I �'�"' cn.0 I 461.89' c3ry \ iv "T Q - ass �,,.. \ Q /----OLD LINE / J ' N 620.58' \ M _i teoe..00..i....m.w— c\j�� 1282.49 \ — w_ o I I I N N 01043'52" E 00 \_ \ /N Z Z(y) 0 I I N 1\ 00 H 00 �, I I uy w \ / I� 00 IIM� 3g l N I I ( �\M ----- �00 z�rnao Z)Zool0ooN; Z C.w � Z to NLL Ztn6ZN O uj . I V w a I I - \ �t - \ CONC. FOUNDATION 1- c N t� zca M ' I \ N = V�0 (ABANDONED),___240 N M -� �_ •D N r W N J��1yj 00 O Z - __ -V \ \ N N �Vr� b� M q O M Y _ N) N `r• N� co �N ~ \ \ \ \ N f� I ui N PARCEL "All ~ •' (f� I Z�' \ TAX ACCT. # 302104-9020 S I I Mcli— \ ip M N a i / ' _ �� 7� i ;o w 00 N of J _- M In N O in 260 M O N N �- ac Q n - - oZl '" S 01142'56" W 366.05' a o N 01'4256 E ' » ' / 255.22 _ N 01°42'56" ET-------1283 GRAVEL DR. DRIVEWAY CONSTRUCTION - AGREEMENT, REC. No. 8910271554 JOINT ACCESS EASEMENT 300' AS -BUILT 11-22-1957 IREC. No. 4852658 ,i SA MER / BARNARD S B y f' & ASSOC. INC;� LAND SURVEYING PLANNING & PLATTING 717 W. STEWART, PUYALt UP, WA. 98371 LIFEWAY CHURC 5015 SW DASH POINT RD. FEDERAL WAY, WA. 98023 DWN. BY DATE JOB NO. T.W.K. 10' 30-2008 2007186.02 CHKD. BY SHEET D.O. O 3 of 4 FCITedeY ral Way BOUNDARY LINE ADJUSTMENT NO. 08-101306-00-SU CITY OF FEDERAL. WAY KING COUNTY, WASHINGTON - i i RECORDING NO. SURVEYOR'S NOTES: 1. SURVEY PERFORMED �Y FIELD TRAVERSE AND ELECTRONIC DATA COLLECTION VOL./PAGE L (a 5 / 199 USING EITHER A TOPCON GPT-3005W 0' 50' 100' 150' TOTAL STATION OR A SOKKIA SRX5-AT 5" SCALE: 1 = 50' ROBOTIC TOTAL STATION AND CARL50N EXPLORER DATA COLLECTOR. PORTION 'OF 2. CLOSURES EXCEEDED THE MINIMUM REQUIREMENTS AS E.5TABLI5HED BY SE 1/4 OF THE NE 1/4 OF SEC. 30, TVVP. 21 N., RGE. 4 E., W.M. WAC 332-130-190. LEGEND — o o a� —4n MAIL BOX \ \ — — N -� z t� /y FOUND EAST 1/4 CORNER �'' "0 SIGN 6i SECTION 30, COPPER PLUG LUMINAR AR ® IN CONC. 1-25-07 �o W B WATER BLOWOFF \ \ �� _ — f FOUND REB (NO CAP) El PM POWER METER \ \ /- —'I 5 = 1.96' 00 0 TRANSFORMER °` W = 0.13 230 FP]POWER VAULT tip° / i — _ - - - - --- �- - - 00 0 r ® CATCH BASIN a oR """ � _' _ _ - - ____ - --- -- - - _ -'_ - _ ._-� �hL4(�� -____- - ---_ M1 7 _ _ 5 01043'52" W N _ ►� $o 0 POWER BOX - U' -`r - - - -I' rt " N - - - ---- —\ c�i o0 r,_ )Oi POWER POLE N — N — N �� N _ N - .' in 244— 2a >'M = Nam' `r' "' r } GUY WIRE / bo dq -' / / � i � \ = - N _ - = = / i� a �2�0� N �i POLE W/ LIGHT / f , 'r' - ® TELEPHONE MH \ 000o Z _ �`Jh �' \ N M \ \ o \ ® TELEPHONE RISER ❑ SEWER CLEANOUT / M N N ~ �- N 1 cli N M / M / / / C0 p N M - ,� O C, /'/ ��{,phj / _ °- WATER SPIGOT M / � / O M N `" �" /ti _ - I V) ..r.� © WATER METER N M �F}�� f "v M _� \�},�J o / \ N p j\ v \ N N �'-� N '�' M _ "� N 'C o NV Y e V «-� co ui O D4 WATER VALVE �� �N ot� ° N ,�, -� _ \ ,�n �Q FIRE HYDRANT / M N h� / /�J�J(�)j� / o j �N , w / N \ 250 W ! WO WATER VAULT --/ _ i; _ N ;�,� � ' \ M I M N00 _ U GAS VALVErn / \ I Lu CONIFER TREE (SIGNIFICANT TREES) vw) - / / /m "' / /oj N - N b° \ \ \ NI✓ \_ vZ Q W co ^ 'L M \ N r ✓\ \ _ram ��N t L�_, DECIDUOUS TREE SIGNIFICANT TREES 25° - �, ,'nVmC//%/ , � Y �J��(y� GVa, M " � r'7 cli ac= ROCKERY / / "' � _ - = N _ _ 00 "'' \ \ , Q tr MONUMENT AS DESCRIBED /� - - N �J ,D - i o �/ / _ "' N �\y _ - N - - - } �' ' `� 10 L t` W co ® SET REBAR AND CAP, LS 19635 W� �, GRAVEL DR. \ L I - O Z 0 FOUND SURVEY MARKER AS DESCRIBED / N / — Lu GRAVEL CONCRETE '� / _ -� I N M � GARAGE CHAIN LINK FENCE ; N 260 _ ° N // '" = N M N & STORAGE "' X—X —X WIRE FENCE v `r cNv / / M - f �� / rn M / N N .. N . \ oo o—o—o WOOD FENCE '" in ° M _ �y / N N = ,o ri �`}�^/�p `\\ a° W —WATERLINE N ., , y a f1/��, - N / / blO/ M \ N N M! `9 M ( \, -__k�" Vv'N,� f G GAS LINE / .�� 662.39' T UNDERGROUND COMMUNICATIONS LINE N 010 42 56" Ems— 1283.66' / \ N ''' ` N (I P UNDERGROUND POWER LINE - - - — - - - OVERHEAD POWER LINE \ o \ \ (M) MEASURED VALUE - (C) CALCULATED VALUE \ (P1) BROOKLAKE MANOR DIV. No. 2, i VOL.113, PAGES 74 - 76 (P2) JOHN ROE ADDITION. VOL 118, PAGES 80 A 81 (R) RECORD OF SURVEY REC.No.20040709900007 r � SAMER / BARNARD & ASSOC. INC. LAND SURVEYING PLANNING & PLATTING 717 W. STEWART, PUYALLUP WA. 98371 LIFEWAY CHURCH 5015 SW DASH POINT RD. FEDERAL WAY, WA. 98023 W a O OWN. BY DATE JOB NO. T.W.K. 10-30-2008 2007186.02 CHKD. BY SHEET D.o. 4 OF 4