00-102720-PCCITY OFfG
CITY HALL
335301 st Way South
PO Box 9718
January 22, 2001
Don Hill
Triad Associates
11814 - 115th Avenue NE
Kirkland, WA 98034
RE: Permit #01-100244-000-00-SM; U-HAUL FACILITY
34001 Pacific Highway S; Right of Way Modification
Dear Mr. Hill:
(253) 661-4000
Federal Way, WA 98063-9718
This letter responds to your request to waive the required street improvements associated with the
proposed U-Haul development on Pacific Highway. Specifically you requested a waiver from the
requirement to construct a north -south street across the subject property for future connection
between S 336`h Street and S 348`h Street. After evaluating the existing conditions, review of Federal
Way City Code (FWCC) provisions (Sections 22-1496 and 22-1477), and the direction provided by
the City Council, the Public Works Department hereby modifies the requirements for street
improvements applicable to your permit application, as discussed below.
FWCC Section 22-1477, Modification of Inrprovements Along Property Frontage - This code section
allows the Public Works Director to grant a request to modify, defer, or waive the required street
improvements only after consideration of four specific reasons. The reason most applicable here is
contained in FWCC 22-1477, "(2) Unusual topographic or physical conditions preclude the
construction of the improvements as required."
The subject property is adjacent to the Kitts Corner Regional Detention Facility. Wetlands and a
stream lie to the north, south and west. Commercial properties to the south are developed with
vehicular access to Pacific Highway.. Therefore, street connection from this property south to S 344`h
Street would be difficult. However, a street connection to the north from this property to S 336�b
Street, as well as an east -west street along the north property line to Pacific Highway is feasible.
As a result, the required north -south street improvements across the subject property will be waived.
However, the applicant is required to construct half street improvements along the north property
line. The improvements shall include a minimum 24-foot asphalt road surface, curb and gutter, four -
foot planter with trees, six-foot sidewalk, streetlights, and a three-foot utility strip meeting city street
Cross -Section "R." The centerlines of the new street and the east leg of the intersection of Pacific
Highway and 16`h Avenue S must align. In addition, modification to the existing traffic signals and/or
installation of new signal poles and signal heads at the above intersection will be required to insure
Right of Way Modification
January 22, 2001
Page 2
proper operation of the west leg. Also, frontage improvements to Pacific Highway are required and
shall conform to standard Cross -Section "A," which includes 45-foot pavement from centerline to
curb, curb and gutter, six-foot planter strip with street trees, eight -foot sidewalk, three-foot utility
strip, and streetlights. A right of way dedication of twelve feet is necessary to accommodate these
improvements. A professional engineer registered in the State of Washington must design all street
improvements to City of Federal Way and Washington State Department of Transportation
(WSDOT) standards.
The conditions of this right of way modification will be applicable for one year from the date of this
letter. If a building permit is not issued within the one-year time limit, the right of way modification
will be void, and a new request for modification must be submitted.
If you have any questions, call Jim Femling, Senior Engineering Plans Reviewer, at (253) 661-4196.
Sincerely, t
Ken Miller, P.E.
Deputy Public Works Director
KM/JF J if
cc Trent Ward, Development Services Manager
Hazem El-Assar, Assistant Traffic Engineer
Kathy Messinger, ROW Engineering Tech
Jim Harris, Community Development Senior Planner
Randy Carlin, 2727 N Central Avenue, Phoenix, AZ .85004
Project File (JF)
Day File
1:\csdc\docs\save\43 668094. doc
AG
`II -/h
AGREEMENT FOR
PERPETUAL EASEMENT
This Agreement for Perpetual Easement ("Agreement") is dated
effective this 3rd day of August, 1995 and is entered into between
the City of Federal Way, a Washington municipal corporation
("City") and Robert L. Wright, an individual, ("Wright").
A. The City intends to construct and maintain the Kitts
Corner/South 336th regional detention and wetland/stream
restoration project ("Project") as a public project located on real
property within the City;
B. Wright owns real property within the City, portion(s) of
which are required by the City for its Project;
C. The City has notified Wright that the City has th tened
to condemn an interest in the Wright property for the Project; and
D. It is in the best interest of Wright and the City to reach
a voluntary agreement regarding the transfer of the property from
Wright to the City without the need for condemnation litigation, if
the parties can agree to the terms and conditions of such transfer.
NOW, THEREFORE, the City and Wright enter into this Agreement
for good and valuable consideration, the sufficiency and adequacy
of which is acknowledged, in order to effect an appropriate
property interest transfer to the City on the following terms and
conditions:
1. Easement Area. Wright shall convey at closing a permanent
exclusive easement to the City by fully executing, delivering and
recording an easement in the form attached hereto as Exhibit "A"
and incorporated herein by this reference ("Permanent Easement").
The Permanent Easement affects the Wright real property tax parcel
202104-9051 as legally described and as drawn in Exhibit "B", pages
1 and 2, attached hereto and incorporated by this reference
("Property").
2. Purchase Price. The City shall pay, by certified check,
to Wright the sum of Four Hundred Fifty -Three Thousand Five Hundred
Eighty -Nine Dollars and Sixty -Eight cents ($453,589.68) at closing.
3. Title.
3.1 Condition of Title. Title to the Permanent Easement is
to be free of all encumbrances or defects other than general
exclusions and exceptions approved by the City. Encumbrances to be
discharged by Wright shall be paid by Wright on or before closing.
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EXCISE TAX NOT REQUI D
King Co. Ord Di isi
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s
ORIGINAL
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3.2 Title insurance. The City shall, at the City's expense,
immediately upon execution by the parties to this Agreement, apply
for an ALTA standard form of Owner's policy of title insurance
issued by Stewart Title Company of Washington, Inc. The
preliminary commitment thereto, and the title policy to be issued,
shall contain no exceptions other than general exclusions and
exceptions approved by the City. If title cannot be made so
insurable prior to the closing date, this Agreement shall be
terminated. The City may elect to waive any such defects or
encumbrances.
3.3 Future Encumbrances. Wright shall be prohibited from
encumbering the Permanent Easement in any manner following the full
execution of this Agreement.
4. Closing.
4.1 Closing. This sale shall be closed on or before
September 8, 1995 after the City's satisfaction of the
contingencies set forth in Section 5.1 herein, or at another time
i` agreed to in writing by the parties; provided, however, that the
p parties agree to extend the closing date for an additional two (2)
weeks if the need for such extension exists in order for the City
to satisfy the contingencies.
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M 4.2 closing Costs Taxes and Proration. Each party shall pay
0 its own closing costs. Wright shall pay any real estate excise tax
and revenue stamps. Parties shall pay those standard closing costs
accruing to the date of closing on or before the date of closing.
Upon closing, Wright will promptly apply for and diligently pursue
appropriate reevaluation with the King County Assessor of that
portion of the Property subject to the Permanent Easement. The
City shall support such reevaluation by writing a letter to King
County and agrees to pay to Wright at least ten (10) days before
due and after receipt of a copy of the King County tax statement,
the pro rata portion of the real property taxes applicable to the
fair market value of the Permanent Easement area equal to 34.6% of
the total taxes owed on the Property from closing until the first
half, 1996 payment. Upon such reevaluation, and any refund issued
by the King County Assessor, Wright shall pay to the City the
monies the City previously paid for such real property taxes. The
City's obligation to pay such taxes terminates on April 30, 1996
regardless of whether or not Wright has obtained the requested
reevaluation.
4.3 Possession. The City shall be entitled to possession of
the Permanent Easement at closing.
5. Contingencies.
5.1 The Contingencies. The City's obligations under this
Agreement are conditioned upon and subject to the City's
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satisfaction, in its sole discretion, or the City's written waiver
of the following contingencies:
(a) Final approval of this Agreement by the City Council of
Federal Way;
(b) The absence of any violation, for which notice has been
given, of federal, state or City laws including without
limitation, all City codes, ordinances, resolutions,
regulations, standards and policies, as now existing or
hereafter adopted or amended, effecting the use, occupancy or
condition of the Permanent Easement;
(c) The pendency or threat of any litigation or proceeding
relating to the Property and/or the Permanent Easement; or
(d) Any material change in the Property, the Permanent
Easement or the improvements on the Property occurring after
the execution of this Agreement.
5.2 conting_ency Period. The City shall have three (1) weeks
following execution of this Agreement. in which to notify, pursuant
to Section 15.9, Wright that it has satisfied, has waived
O satisfaction of the contingencies or has elected to terminate this
:D Agreement pursuant to such contingencies.
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rl 5.3 Expiration of Contin enc Period. If Wright does not
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0) receive the notice required by Section 5.2 prior to the closing
0^ date, this Agreement shall terminate.
fir, i
6. City Development Conditions. Wright may utilize the
Permanent Easement area consisting of approximately 173,613 square
feet in complying with any existing or future City code
requirements for open space, green belt, or maximum lot coverage,
as a result of Wright's development on the Property.
7. License. Wright hereby grants a license to the City, its
agents or representatives to enter upon the remaining Property
legally described in Exhibit "C" to place soils excavated for its
Project as an engineered fill on the Property, to use the Property
for a temporary earthwork disposal area, a temporary intercepter
ditch and for a temporary stockpile area, subject to the following
terms and conditions:
a) Filling of the Property shall
grading and fill plan attached
"D" and incorporated herein
("Plan") and pursuant to the t
issued based upon the Plan. ThE
cost, satisfy any conditioi
restoration and/or replacement
grading/filling. The City
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be pursuant to the
hereto as Exhibit
by this reference
erms of any permit
City shall, at its
of mitigation,
resulting from this
agrees that the
specifications delivered to Wright on July 31,
1995, will be used by the City in bidding at this
project; provided, however, that Wright shall have
no independent cause of action or claim pursuant to
such specifications. The City shall have no
obligation to place fill on the Property exceeding
the usable fill resulting from its excavation. The
City shall determine what fill is usable in its
sole discretion. The City shall have no obligation
to construct any structural components or
improvements in connection with placing such fill
and/or to incur any additional costs other than
moving the available fill from the Project and
placing it on the Property pursuant to the Plan and
pursuant to all permits.
b) By Wright's execution of this Agreement, he
acknowledges receipt and his approval ❑f the Plan.
c) Wright agrees to indemnify, defend and hold the
City harmless from and against any and all
liabilities, claims or damages (including attorney
fees and costs) resulting from the field condition
and structural support characteristics of the
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existing fill on the Property.
t-1
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d) This license grants to the City control of the
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Property during the City's grading and filling
L7
activities. Any use by Wright of the Property
shall in no way interfere with the City's use of
the Property. This license will revoke upon the
City's completion of the grading and filling
activity; provided, however, that such revocation
will not affect the City's right of reasonable
access to the Permanent Easement over and across
the Property to enable the City to exercise its
rights pursuant to the Permanent Easement.
8. Storm Water Drainage. City shall provide in its Project
sufficient storage volumes to handle treated storm water discharges
from the Property under a maximum developed condition.
Accordingly, the City agrees that Wright, his heirs, assigns and/or
successors, shall not be required to provide any on -site
retention/detention facilities for storm water on the Property as
a result of his initial development and the City shall provide such
compensating storage within its Project; provided, however, that
the City makes no such accommodation for any redevelopment of the
Property and such redevelopment will be required to comply with all
applicable City codes and Conditions. Wright, his heirs, assigns
and/or successors, shall install at Wright's expense, facilities
for direct discharge of treated storm water from the Property to
the City's Project.
9. Permits. The City is currently seeking various permits
and other governmental licenses as a condition precedent to
-4-
constructing its Project. The City shall review and amend as
necessary all Project permit applications no later than December
31, 1995 to assure all permits and approvals being applied for will
allow and authorize the work and/or activities described in
Sections 7 and 8 of this Agreement.
10. Permit Processing. In the event Wright, his heirs,
assigns and/or successors, applies to the City for permit(s) to
develop the Property, the City agrees to reasonably expedite the
processing of any such complete application; provided, however,
that such application will be treated in the same manner as other
City applications. The City is bound in such processing to fully
effect the terms and conditions in Section 6 of this Agreement.
Nothing in this Section or in this Agreement relieves Wright of his
obligation to comply with all applicable laws, codes, rules,
regulations and/or permitting requirements.
11. Wri ht's Re resentations and Warranties.
11.1 Environmental Conditions. Wright acknowledges that it is
Wright's obligation, at his sole cost and expense to comply or
ensure compliance with all federal, state, foreign and local laws
or administrative orders with respect to the environmental
conditions existing on the Permanent Easement at closing.
11.2 No Leases. Wright represents and warrants that the
Permanent Easement is not subject to any leases, tenancies or
rights of persons in possession.
11.3 No Material Defect. Wright is unaware of any material
defect in the Permanent Easement.
12. Contracting for Grading. In the event any permit is
issued by the City for development of the Property, and the City
enters into a contract with Wright for Wright to perform the
grading work described in the grading permit, Wright, his heirs,
assigns and/or successors may conduct, at his expense,
grading/filling beginning at his eastern boundary consistent with
the terms and limitations of the City's grading/filling permit as
necessary to establish proper grades/foundation.
13. Drafting. This Agreement has been mutually drafted by
the parties and in the event of any dispute, terms and conditions
will not be construed or applied against any party as a drafter.
14. Survival of Warranties. The terms, covenants,
representations and warranties contained in this Agreement shall
not merge in the Permanent Easement, but shall survive the closing.
15. General Conditions.
15.1 Performance. Time is of the essence to this Agreement.
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15.2 Entire Agreement_. This Agreement contains all of the
agreements of the parties with respect to any matter covered or
mentioned in this Agreement and no prior agreements or
understandings pertaining to any such matters shall be effective
for any purpose.
15.3 Modification. No provision of this Agreement may be
amended or added to except by agreement in writing signed by the
parties.
15.4 Full Force and Effect. Any provision of this Agreement
which is declared invalid, void or illegal shall in no way affect,
impair, or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
15.5 Governing Law. This Agreement shall be made in and shall
be governed by and interpreted in accordance with the laws of the
State of Washington.
15.6 Caption. The respective captions of the paragraphs of
this Agreement are inserted for convenience of reference only and
shall not be deemed to modify or otherwise affect in any respect
C any of the provisions of this Agreement.
W
15.7 Authority to Execute. Each party warrants that it has
specific authority to execute this Agreement.
l0 15.8 Recording. Upon full execution, this Agreement shall be
recorded with the King County Department of Records.
15.9 Notices. Any notices required to be given to the parties
shall be delivered to the parties at the following addresses either
personally delivered or by depositing the notice in the United
States mail, postage prepaid (any notice so posted shall be deemed
received three (3) days after the date of mailing): City of
Federal Way, c/o Londi K. Lindell, City Attorney, 33530 ist Way
South, Federal Way, WA 98003, and Robert L. Wright, c/o HAGGARD LAW
OFFICE, IBM Bldg., Suite 1200, 1200 Fifth, Ave., Seattle, WA 98101.
WRIGHT
Robe2 `t `t . Wright �"E
c/o HAGGARD LAW
IBM Bldg., Suite 1200
1200 Fifth Ave.
Seattle, WA 98101
CITY OF FEDERAL WAY
a municipal corporation of
the State of Washington
Kenneth E. Nyberg
Its: City Manager - -- ---
33530 1st Way South
Federal Way, WA 98003
ATTEST-
C �
Ci y Clerk, N. Christi e Green, CMC
APPROVED AS TO FORM:
City Attorney, Londi K. Lindell
O
t�
O
rl
M STATE OF WASHINGTON
O
COUNTY OF KING
************************
ss. (INDIVIDUAL NOTARY]
on this day personally appeared before me, the undersigned
Notary Public in and for the State of Washington, duly commissioned
and sworn, Robert L. Wright, to me known to be the individual
described in and who executed the foregoing instrument, and on oath
swore that he executed the foregoing instrument as his free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hand and official seal this day of
1995.
(notary signature)
(typed/printed name of notary)
Notary Public in and for the State of
Washington
My commission expires:
-7-
ATTEST:
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
--�
Lindell
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
[INDIVIDUAL NOTARY]
On this day personally appeared before me, the undersigned
Notary Public in and for the State of Washington, duly commissioned
and sworn, Robert L. Wright, to me known to be the individual
described in and who executed the foregoing instrument, and on oath
swore that he executed the foregoing instrument as his free and
voluntary act and deed for the uses and purposes therein mew. ioned.
G y hand and official s this J� day of
} rY
1995.
notary sign ur ) j
(typed/printed name of notar )
Notary Public in and for th Sta. of
Washington /�'�-��
My commission expires:
- 7
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me, the undersigned
Notary Public in and for the State of Washington, duly commissioned
and sworn, Kenneth E. Nyberg, to me known to be the City Manager of
the City of Federal Way, a Washington municipal corporation, the
corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute the
said instrument.
GIVEN my hand and official seal this day of
i In I y , 1995.
ROBAV Z '+�
iOW �c'`V r10 R14�Y � �Pus
till 0- [NE15N�`���.
K:\document\wright1.fin
8-31-95 (95-098)
{notary signature)
El J ee h �'o b; ;, sa�
(typed/printed name of notary)
Notary Public in and for the State
of Washington.
My commission expires:
of
EXHIBIT "A"
FILED FOR RECORD AT REQUEST OF:
City of Federal Way
MAIL TO:
City of Federal Way
33530 1st Way South
Federal Way, WA 98003
ATTN: Jeff Pratt
EASEMENT FOR DRAINAGE FACILITIES
FOR 336TH/RITTS CORNER PROJECT
For and consideration of One Dollar ($1.00) and other valuable
consideration, the receipt of which is hereby acknowledged, Robert
L. Wright, an individual, ("Grantor") grants, conveys and warrants
to the CITY OF FEDERAL WAY, a Washington Municipal Corporation
("Grantee") for the purposes hereinafter set forth a perpetual
exclusive easement under, across and over certain real property
(the "Property") located in Federal Way, Washington, legally
O
described as follows:
[See Exhibit "A" attached hereto and incorporated herein
O by this reference.]
Except as may be otherwise set forth herein, Grantee's rights shall
be exercised only upon that portion of the Property ("Easement
Area") legally described as follows:
[See Exhibit "B" attached hereto and incorporated herein by
this reference.]
1. Purpose. Grantee and its agents, designees and/or assigns
shall have the exclusive perpetual right, without prior notice to
Grantor, at such times as deemed necessary by Grantee, to enter
upon the Easement to inspect, construct, reconstruct, operate,
maintain, repair, replace, grade, excavate and enlarge all surface
water drainage facilities including, but not limited to,
underground facilities and/or systems upon and under the Easement
Area, together with all necessary or convenient appurtenances
thereto, including without limitation, pipes, catch basins,
retention and detention facilities, ponds, biofiltration swales,
ditches, water quality treatment facilities vaults and semi -buried
or ground mounted facilities ("Facilities"). Grantee shall have
the right to flood the Easement Area and to engage in any and all
activities as if Grantee owns fee title to the Easement Area.
Following the initial construction of the Facilities, Grantee may
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from time to time construct such additional facilities or
improvements as it may require within the Easement Area.
2. Access. Grantee shall have the right of reasonable access to
the Easement Area over and across the Property to enable Grantee to
exercise its rights hereunder.
3. obstructions; Landsca in Grantee may remove any and all
vegetation, trees, or other obstructions within the Easement Area,
and may level and grade the Easement Area.
4. Grantor's Use of Easement. This Easement shall be exclusive to
Grantee; provided, however, Grantor reserves the right to use the
Easement Area in order to comply with City code requirements for
open space, greenbelts or maximum lot coverage; and provided
further Grantor may install, at its expense, such facilities as
reasonably necessary to provide for direct discharge of treated
storm water from the Property to the Easement Area in compliance
with all applicable laws and after obtaining all necessary permits;
and Grantor may install landscaping in the Permanent Easement if
the City approves such installation and after obtaining all
necessary permits and approvals in compliance with all applicable
laws. Further, Grantor shall not perform digging, tunnelling or
i` other form of construction activity on the Property, which would
disturb the compaction or unearth the Facilities on the Easement
p Area, or endanger the lateral support to the Facilities. Grantor
4-1 shall not blast within fifteen (15) feet of the Easement Area.
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0 5. Successors and Assi ns. The rights and obligations of the
Q
In parties shall inure to the benefit of and be binding upon their
respective successors, heirs and assigns.
6. No Encumbrances. Grantor shall maintain the Easement Area
free of all encumbrances and defects and is prohibited from
recording or taking any action which results in the recording of
any lien, encumbrance or other defect against the Easement Area.
DATED this day of 1995.
GRANTOR: GRANTEE:
WRIGHT CITY OF FEDERAL WAY, a Washington
Municipal Corporation
By By
Robert L. Wright Kenneth E. Nyberg
Its City Manager
-2-
STATE OF WASHINGTON )
) ss. [INDIVIDUAL NOTARY]
COUNTY OF KING }
On this day personally appeared before me, the undersigned
Notary Public in and for the State of Washington, duly commissioned
and sworn, Robert L. Wright, to me known to be the individual
described in and who executed the foregoing instrument, and on oath
swore that he executed the foregoing instrument as his free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hand and official seal this day of
1995.
(notary signature)
(typed/printed name of notary)
Notary Public in and for the State of
Washington
My commission expires:
M.
O STATE OF WASHINGTON )
ss.
COUNTY OF KING )
G On this day personally appeared before me, the undersigned
Notary Public in and for the State of Washington, duly commissioned
and sworn, Kenneth E. Nyberg, to me known to be the City Manager of
the City of Federal Way, a Washington municipal corporation, the
corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute the
said instrument.
GIVEN my hand and official seal this day of
1995.
(notary signature)
(typed/printed name of notary)
Notary Public in and for the State
of Washington.
My commission expires:_
K:\DOCUMENT\WRIGHT.EAS
9/01/95
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EXHIBIT "A"
TO
PERMANENT EASEMENT - WRIGHT
That portion of the south half of the north half of the north half of the southeast quarter
of the northeast quarter of Section 20, and that portion of the north half of the south half
of the north half of the southeast quarter of the northeast quarter of Section 20, Township
21 North, Range 4 East, W.M., in King County, Washington, lying westerly of Primary
State Highway No. 1 (US 99) and more particularly described as follows:
Commencing at the northeast corner of said Section 20;
thence south 01 ° 12' 17" west along the east line of said northeast quarter of Section 20, a
distance of 1479.34 feet to the northeast corner of said south half of the north half of the
north half of the southeast quarter of the northeast quarter of Section 20;
thence north 88°24'53" west along the north line of said south half of the north half of
the north half of the southeast quarter of the northeast quarter of Section 20, a distance of
169.96 feet to the westerly right-of-way line of Primary State Highway No. 1 (US 99)
and the TRUE POINT OF BEGINNING;
Othence continue along said north line north 88°45'53" west, a distance of 1143.58 feet to
the northwest corner of said south half of the north half of the north half of the southeast
Gquarter of the northeast quarter of Section 20;
Le)thence south 01 ° 14'32" west along the west line of said southeast quarter of the northeast
M quarter of Section 20, a distance of 328.83 feet to the southwest corner of said north half
of the south half of the north half of the southeast quarter of the northeast quarter of
Section 20;
thence south 88°46'07" east along the south line of said north half of the south half of
the north half of the southeast quarter of the northeast quarter of Section 20, a distance of
1034.43 feet to said westerly right-of-way line of Primary State Highway No. 1 (US 99);
thence north 22°49'31" east along said westerly right-of-way line, a distance of 115.81
feet to the beginning of a curve to the left;
thence along said curve to the left having a radius of 2815.00 feet through a central angle
of 04"21'52" an arc distance of 214.43 feet;
thence north 71 °32'21" west, a distance of 10.00 feet to the beginning of a curve to the
left;
thence along said curve to the left having a radius of 2805.00 feet through a central angle
of 0°20'24" an arc distance of 16.65 feet to the TRUE POINT OF BEGINNING.
k: Wocumenftright.lgl
EXHIBIT "Btt
TO
PERMANENT EASEMENT - WRIGHT
The west 528 feet of the following described property:
That portion of the south half of the north half of the north half of the southeast quarter
of the northeast quarter of Section 20, and that portion of the north half of the south half
of the north half of the southeast quarter of the northeast quarter of Section 20, Township
21 North, Range 4 East, W.M., in King County, Washington, lying westerly of Primary
State Highway No. 1 (US 99) and more particularly described as follows:
Commencing at the northeast corner of said Section 20;
thence south 01 ° 12' 17" west along the east line of said northeast quarter of Section 20, a
distance of 1479.34 feet to the northeast corner of said south half of the north half of the
i` north half of the southeast quarter of the northeast quarter of Section 20;
cOp thence north 88°24'53" west along the north line of said south half of the north half of
the north half of the southeast quarter of the northeast quarter of Section 20, a distance of
�-1 169.96 feet to the westerly right-of-way line of Primary State Highway No. 1 (US 99)
O
and the TRUE POINT OF BEGINNING;
:.7 thence continue along said north line north 88°45'53" west, a distance of 1143.58 feet to
the northwest corner of said south half of the north half of the north half of the southeast
quarter of the northeast quarter of Section 20;
thence south 01 ° 14'32" west along the west line of said southeast quarter of the northeast
quarter of Section 20, a distance of 328.83 feet to the southwest corner of said north half
of the south half of the north half of the southeast quarter of the northeast quarter of
Section 20;
thence south 88°46'07" east along the south line of said north half of the south half of
the north half of the southeast quarter of the northeast quarter of Section 20, a distance of
1034.43 feet to said westerly right-of-way line of Primary State Highway No. 1 (US 99);
thence north 22°49'31" east along said westerly right-of-way line, a distance of 115.81
feet to the beginning of a curve to the left;
thence along said curve to the left having a radius of 2815.00 feet through a central angle
of 04°21'52" an arc distance of 214.43 feet;
thence north 71 °32'21" west, a distance of 10.00 feet to the beginning of a curve to the
left;
thence along said curve to the left having a radius of 2805.00 feet through a central angle
of 0°20'24" an arc distance of 16.65 feet to the TRUE POINT OF BEGINNING.
k: \docu ment\wrigteas.lgl
EMBIT "B"
TO AGREEMENT
Legal Description
That portion of the south half of the north half of the north half of the southeast quarter
of the northeast quarter of Section 20, and that portion of the north half of the south half
of the north half of the southeast quarter of the northeast quarter of Section 20, Township
21 North, Range 4 East, W.M., in King County, Washington, lying westerly of Primary
State Highway No. 1 (US 99) and more particularly described as follows:
Commencing at the northeast corner of said Section 20;
thence south 01 ° 12' 17" west along the east line of said northeast quarter of Section 20, a
distance of 1479.34 feet to the northeast corner of said south half of the north half of the
north half of the southeast quarter of the northeast quarter of Section 20;
thence north 88°24'53" west along the north line of said south half of the north half of
the north half of the southeast quarter of the northeast quarter of Section 20, a distance of
169.96 feet to the westerly right-of-way line of Primary State Highway No. 1 (US 99)
and the TRUE POINT OF BEGINNING;
0 thence continue along said north line north 88°45'53" west, a distance of 1143.58 feet to
p the northwest corner of said south half of the north half of the north half of the southeast
ri quarter of the northeast quarter of Section 20;
thence south 01 ° 14'32" west along the west :line of said southeast quarter of the northeast
quarter of Section 20, a distance of 328.83 feet to the southwest corner of said north half
Ln
M of the south half of the north half of the southeast quarter of the northeast quarter of
Section 20;
thence south 88°46'07" east along the south line of said north half of the south half of
the north half of the southeast quarter of the northeast quarter of Section 20, a distance of
1034.43 feet to said westerly right-of-way line of Primary State Highway No. 1 (US 99);
thence north 22°49'31" east along said westerly right-of-way line, a distance of 115.81
feet to the beginning of a curve to the left;
thence along said curve to the left having a radius of 2815.00 feet through a central angle
of 04°21'52" an arc distance of 214.43 feet;
thence north 71°32'21" west, a distance of 10.00 feet to the beginning of a curve to the
left;
thence along said curve to the left having a radius of 2805.00 feet through a central angle
of 0°20'24" an arc distance of 16.65 feet to the TRUE POINT OF BEGINNING.
legal.doc
Exhibit "B", Page 1 of 2
p
m
IN
9509110607
EXHIBIT "C" To AGREEMENT
LICENSE AREA LEGAL DESCRIPTION
That portion of the south half of the north half of- the north half of the southeast quarter
of the northeast quarter of Section 20, and that portion of the north half of the south half
of the north half of the southeast quarter of the northeast quarter- of Section 20, _Township
21 North, Range 4 East, W.M., in King County, Washington, lying westerly of Primary
State Highway No. 1 (US 99) and more particularly described as follows:
Commencing at the northeast corner of said Section 20;
thence south 01 ° 12' 17" west along the east line of said northeast quarter of Section 20, a
distance of 1479.34 feet to the northeast corner of said south half of the north half of the
north half of the southeast quarter of the northeasto said
so
uth
£ th
e north half of
thence north 88"24'53" west along the north line
the north half of the southeast quarter of the northeast quarter of Section 20, a distance of
169.96 feet to the westerly right-of-way line of Primary State Highway No. 1 (US 99)
and the TRUE POINT OF BEGINNING;
thence continue along said northnorth 88nort'h half oft, a distance of 1143.58 feet to
the north half of he southeast
I' the northwest corner of saidsouth half of
D quarter of the northeast quarter of Section 29;
01"14'32" west along the west line of said southeast quarter of the northeast
rl thence south
v4quarter of Section 20, a distance of 328.83 feet to the southwest corner of said north half
p of the south half of the north half of the southeast quarter of the northeast quarter of
4 Section 20;
thence south 88°46'07" east along the south line of said north half of the south half of
the north half of the southeast quarter of the northwest quarter of Section 20, a distance
of 1034.43 feet to said westerly right-of-way line of Primary State Highway No. 1 (US
99);
thence north 22"49'31" east along said westerly right-of-way line, a distance of 115.81
feet to the beginning of a curve to the left;
thence along said curve to the left having a radius of 2815.00 feet through a central angle
of 04°21'52" an arc distance of 214.43 feet;
thence north 71°32'21" west, a distance of 10.00 feet to the beginning of a curve to the
left;
having a radius of 2805.00 feet through a central angle
thence along said curve to the left
of 0°20'24" an arc distance of 16.65 feet to the TRUE POINT OF BEGINNING.
Except the west 528 feet thereof.
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FILE NAm
G EISEE NO. DATE I El REVISION By WV_D_ & 374034507.dl� 20:49:03 wo.
November 29, 2000
Cary Roe, P.E.
Director of Public Works
City of Federal Way
P.O. Box 9718
Federal Way, WA 98063-9718
RE: U-Haul Facility
34001 Pacific Highway S.
Triad Job No. 99-355
RECEIVED
FEDERAI, WAY PUBLIC WORIM
ADM R4181 `RATION DIVISION
File No. 00-102820-00-PC
Request for Administrative Waiver
Dear Cary,
TRIAD ASSOCIATES
Land Development Consultants
�. Age--"
g1,110
J1 M � f1
M ZeiW 6I -
On behalf of our client, Randy Carlin (U-Haul International, Inc., 800-528-0361), we are requesting an
Administrative Waiver from the Comprehensive Plan, Chapter III Transportation, TP21 that
encourages local access streets to have a maximum block perimeter of 2,640 feet to enhance traffic
circulation and access. We are requesting an Administrative Waiver from this standard based on the
existing site conditions and site location.
According to the pre -application notes prepared by Hazem El-Assar dated June 1, 2000 (see attached),
and per discussions with Jim Harris and Hazem at a subsequent meeting on November 2, 2000 (see
highlighted paragraph on second page of attached meeting minutes), a north -south roadway between
South 336h Street and South 3441h Street would provide the necessary area -wide traffic circulation to
comply with the Comprehensive Plan policy. However, pursuant to the Federal Way Municipal Code,
Section 22-1477, we are requesting an Administrative Waiver from providing access south to South
344`h Street (see attached Exhibit) based on the following reasons:
Section 22-1477
(2) Unusual topographic or physical conditions preclude the construction of the improvements as
required.
® The subject property has the Kit's Corner Regional Detention Facility located on the
western portion of the property with a stream running through it and a constructed wetland.
• In order to comply with the maximum block perimeter of 2,640 feet, the most logical
location for a north -south road would be at or near the western property boundary, to align
with other property boundaries.
Providing access south to South 344a' Street from this location would be difficult due to the
existing Kit's Corner Regional Detention Facility, the stream, and the wetland.
a Properties to the south of the subject property are developed, and constructing a road to the
south would encumber those properties unnecessarily.
• Providing access north to South 336a' Street may be feasible from the proposed U-Haul site
(subject property) at or near the western property boundary. The site plan that has been
11814 115th Avenue NE -Kirkland • Washington - 98034-6923.425.821.8448.800.488.0756 -Fax 425.821 3481 • www.triadassoc.com
Cary Roe, P.E.
Page 2 of 2
November 29, 2000
developed through discussions with City staff at our pre -application meetings has been
revised to dedicate '/z right-of-way along the north property line for the extension of South
340t' Street (approximate) across the eastern portion of the site where the City and/or
adjacent development to the north may be able to extend public access further to the west or
immediately to the north to serve those properties to the north.
We are only requesting a waiver from providing access to the south to South 34e Street as indicated
on the attached Exhibit. We appreciate your time and consideration of this request for an
Administrative Waiver and request a written approval. If you have any questions or need any
additional clarification, please do not hesitate to call.
Sincerely,
TRIAD ASSOCIATES
Don Hill, P.E.
Project Manager
Enclosures
Cc: Randy Carlin, U-Haul International, Inc.
Parul Butala, U-Haul International, Inc.
Patrick Mullany, Foster, Pepper & Shefelman
MEMORANDUM
MY of &�—.
335301 ST WAY SOUTH
DATE: June 1, 2000
TO: Jim Harris, Senior Planner
Jim Femling, Senior Engineering Plans Reviewer
FROM: Hazem El-Assar, Assistant Traffic Engineer i%
SUB7ECT: U-HAUL FACILITY - (00-102720-00-PC)
34001 PACIFIC HWY S
Public Works Department
Based on my review of the submitted materials and a site visit, I have the following comments:
Traffic Impacts p A trip eneration/distribution
The project may impact some intersections by 10 or more PM Peak hour trips. €� g
analysis shall be conducted to determine if a full Traffic impact Analysis is required to assess project impacts
and determine mitigation measures.
Frontage Improvements
Per FWCC Sec. 22-1474, frontage improvements are required if the value of the proposed improvements
exceeds 25% of the value of all existing structurect on Aon e which includes 45 pavement from centerlisubject property. On Pacific Highway S, e to half -width
improvements shall conform to standard cross s and street lights. To accommodate
curb, curb, gutter, 6' planter strip with trees, 8' sidewalk, 3' utility strip,
these improvements, a right -of --way dedication of 12' is required.
To provide access to this site and other adjacent sites through the signal at the Pacific Highway S/16I'he street
S intersection, an east -west local access road shall be coAvenue
nstructed along the northern , 4'property
lanter strip with
shall conform to standard cross section R, which includes 40' curb -to -curb pavement, 4' p p
trees, 6' sidewalk, and streetlights on both sides. The new street public or and a late comers agreemen l be aligned with the existing east � of
the intersection per MUmaybe TCD standards. Thus street y p
be executed for adjacent property owners use.
111,1111111111k
d S
In addition, a north -south roadway maybe required for area -wide circulation between S 336'� ownersnm the
344�' Street. The exact location and layout of that roadway will be coordinated with property
under
area as part of the Comprehensive Plan Update currently way.
Per FWCC Sec. 22-1477, the Public Works Director may modify, defer, or waive the above requirements
after consideration of a written request for specific reasons outlined under that code section.
Site Access and Circulation
Per FWCC Sec. 22-1543, the minimum driveway/uns 5halllbe spacing
is
3through the new east-1 est road
is
not met be the proposed driveway. Therefore, access
described above and shall be spaced at least 150' from the intersection of Pacific Highway S/16'' Avenue S.
Per FWCC Sec. 22-1544, modifications to the above standards may be made as determined by the Public
Works Director under specific procedures outlined under that code section.
Y Y F
3�H��`• ran
3' P
TRIAD
, ASSOCIATES
Date:
November 2, 2000
Those Present: Jim Harris (COFW Planning), Hazem El-Assar (COFW Traffic),
Randy Carlin (U-Haul), Carlos Vizcarra (U-Haul), Charles Eide
(U-Haul), Patrick Mullany (U-Haul attorney), Don Hill (U-Haul
Civil Engineer)
Prepared By: Don Hill
RE: U-Haul Federal Way
Triad Job No.: 99-355
Copies To: all above, file, Parul Butala (U-Haul)
Meeting set to review/clarify some primary project topics outlined in 6/6/00 pre -application
letter from Jim summarized below. Randy outlined elements of site plan (color copy) with
U-Haul revised to address comments in pre -application letter and that will be further
revised to show the 12' dedication along SR99 and 36' wide alley along double loaded
structures.
■ Revised Site Plan and Accessory Use — the revised site plan will be reviewed by Jim and
other City staff who will provide Randy with any additional comments within a week
bearing in mind the above additional revisions
■ Truck parking — 8 stalls are shown along SR99 on the revised site plan and the
remainder (varies) will be parked in the 42' alley indicated on revised site plan, trucks
are the only planned means of advertising other than allowed building signs, no
servicing of the trucks proposed on this site (this worked performed by U-Haul at other
sites not in the City) other than small items (i.e. headlights, bolt on hitches, etc.)
• Wetland and stream delineation — will be required as outlined in letter to confirm
required buffers
Utility crossing the wetland/stream buffer and the requirement for Process IV review — the
temporary intrusion into buffer for storm and sewer outfall is supportable by City staff
but permanent intrusions (i.e. structures as outlined in previous site plan) are not
supportable by staff
• Storm drainage detention — provided in City's existing Kits Corner Regional Storm
Drainage Facility (KCRDF) in westerly half of site which is designed/installed to allow
salmon to enter, available detention volume is provided by payment for pro-rata share
to be outlined by City staff, Jim not aware of a agreement between existing owner and
City for development of KCRDF, onsite storm water quality will be required before
discharge into the regional storm drainage detention facility (Doll will contact Surface
Water Department for payment schedule and to research if there was all agreement)
Road improvement along the north — per previous requires a 30' dedication along the
north using section R and applicant will install % improvement where future/adjacent
development will complete the required roadway section, access will be at least 150'
west of SR99 as shown on revised site plan, signalization at SR99 has been installed in
anticipation of this right-of-way extension, signalization improvements are anticipated
to be limited to the addition of a traffic signal pole/head for east bound traffic entering
the intersection with SR99
Frontage improvement along the highway — per previous requires a 12' dedication along
the east using section A and applicant will install required frontage improvement, no
access offer SR9-q as shin ❑iLrevissksite—Plan
• North -south road per Comprehensive Plan — may be required for area wide circulation
between SE 336th Street (north of site) and SE 3441h Street (south of site) and Public
Works Director may modify/defer/waive requirement upon written request per FWCC
Section 22-1477 to allow properties to the north access to SR99, Comprehensive Plan
shows this future north -south road extending to south, understood not to be desirable
for this site due to sensitive areas and site impacts, applicant can apply for
administrative waiver (Don will prepare written request to waive requirement through the
site right away for U-Haul submittal to City)
• D73
edacati n ue — t e va ue o edicated rghtZ_Lways are generally determinedly unit
cost land area based upon purchase value of land and the value of dedication areas are
applied as credits during development review
• Signage — existing bill board will be removed, if there are any existing sign violation
penalties/fees outstanding then they pass to the property, U-Haul will conform to City
allowed sign ordinance (Carlos will research to determine if there are any existing sign
violation penaltie.yjf ,es outstanding)
• Traffic mitigation — trip generation study will be required which is anticipated to be in
the range of 130 ADT and which is anticipated to generate less than the Traffic Impact
Analysis threshold of 10 PM peak hour trips on impacted intersections, if above is
confirmed then no traffic mitigation fees are anticipated
• Review process — Conditional Site Plan approval and SEPA approval are administrative
under Process III and submittal is simultaneous though SEPA review/approval/appeal
period is technically first followed by staff report and then Conditional Site Plan,
temporary buffer intrusion (for the above utilities) is subject to Process IV review with
public hearing/Hearing Examiner whose review is limited to the temporary buffer
intrusion reviewed, there are two Tribes (Puyallup and Muckleshoot) and
neighborhood groups (Friends of Hylebos [Chris Carroll?] and another) that are
anticipated to be notified and/or that may respond, the applicant is encourage to meet
with these groups
Please provide any clarifications immediately.
Z81 Image Map Page
Page 1 of 1
j5
,� Zoning Map 81 ----w
NE 20-21-04 - �� F=WA A. L
GIS DIVISION NE quarter of Kroll 736 �
Q Return to Zoning Index 7,
63
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Legend: This met is accompanied by no warranties.
Description of Zoning Designations and is simply a graphic representatlorr.
parcei:s Location of map features is nest guaranteed.
JV Zoning ftundetry scale; and not all features are awn.
Wetlands,- Source: IM Lily Survey. K-----.___---- In the event at arry inconsistencies thing an
(Boundaries are approximate, and � this map and the ordinance establishing
addrt�onaI areas rmv wdst. This is NOT a substitute €a a tis14 survey.) GunsnE lonirsg, the ordinance shall preuali.
99 - 3 SS
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11� .q/0a �. Hiw�G•La6A+J )MA9 A,5SOCWUS
http://www.ci.federal-way.wa.us/gis/zoning/z8l.htrn 11/15/00
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT
MEMORANDUM
DATE: May 10, 2000
TO: Community Development Review Committee (CDRC) Members
rent Ward, Public Works Development Services Manager (2 copies)
Mary Kate Gaviglio, Building Official
Mary Young, Supervisor of Technical Services, Lakehaven Utility District
Jerry Thorsen, KC Fire District #39
Commander Dan Coulombe, FW Public Safety Department
FROM: Jim Harris, Senior Planner
PROJECT PLANNER: Jim Harris PHONE (253) 661-4019
PLEASE RESPOND BY: Internal review May 25, 2000
Meeting with applicant June 1, 2000 010:00 AM
***************************************************************************************
FILE NUMBER: 00-102720-00 PC
PROJECT NAME: U-Haul Facility
LOCATION: 34001 Pacific Highway South
PROJECT DESCRIPTION: Pre -application review of proposal to construct a U-Haul rental and storage
facility with approximately 80,000 square of indoor rental storage space, and truck rental. The site is
presently vacant.
ZONING: BP (Business Park)
PROJECT CONTACT: Don Hill (425) 821-8448
NOTE:
IAdrertpre.doc
12/15/�9 WED 11:66 FA' 263861412DCITY OF FIrI3E �J001
�ry� MASTER LAND USE APPLICATION
. DEPARTS,jV;r4P CQ�1v1V 11'V MVELQPMEN1 MV10ES
33530 First Way South, (`ederal Way. WA 99003
(3S3} 661-4000- Fi- (253) 6,61.4129
w.v�v.Ci.tederol-witiy,wa,us
APPLICAT1aNN000-0700 - 0o -PC Date 4l13/a0
Project Name UHAA FACILITY
Property Address/Locatlon 34001 PACIFIC HWY S 2d2JQ4�9451
-- Pc roe] Number(s)
.1 -
AII ppheant
€ aMm !: �A 1r1 A Ca-e I l n
Address; U — hfau I Oncrncl(
N • Ce o hrcLL Ave.
Pho2nix', AZ. - 8S0o4
Phone: (602) 26 3- 6 6 0 2-
Fax: (Go2� 27-7 — 102 6
Email:
Signature: j,.�
Zoning Designation
Project Descrlptloe
Agent (If Different than Applicant)
Name; DON HILL, PC C/o WRIATES
Address: 11614 115TH AVE. INC
KIRKJAND. WI 96034
Phone: ( 425 ) 821-8448
F'a.X: ( 425 ) $21-3481
Erman: dh111Qtr1adassot.com
5 ignature_
BUSINESS C066ITY 11
Owner
Name. RO�eY-E L ko O IA-t i
Address'.
34g 3q
Wa — lSoo3
Fisone: ( t
Fax:( )
Email:
Signature: ,f
i
Comp Pill] De-signatlon
UHAUL TRUCK RENTAL SHOW ROOM WITH ASSOCIATED 'TRUCK ANU TRUCK RENTAL PARKING AND
MIINI STORAGE FACILITY.
Uniform Building Coda (UBC) Construction Type _iLN ( ) Qeeupancy Type
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0 1999 IU—HAUL INTERNATIONAL
GENERALNOTEB:
RE OS�ON-
PROFESSIONAL SEAL
AXHnECFLOGO:
G-HAUL tNTEP.HATfONA1
CONSTIUICTION 1 RENOVATION
2727 NORTH CENTRAL AVENUE
RIOENP'. AR¢ONA E5O01
RT, G02263�502
FAX, 602277-102G
SITE ADDRESS:
FEDERAL WAY
34001 PACIFIC FW SO.
FEDERAL WAY, WA. 9WIM
SHEET CONTENTS:
ELEVATIONS
4340
1-701
DRAWN BY-.1 SN I ICHM BY: elev
cnTs;: ai141W
4340elev—a
CITY OF.&.-
CITY HALL
33530 1 st Way South
PO Box 9718
January 22, 2001
Don Hill
Triad Associates
11814 - 115`h Avenue NE
Kirkland, WA 98034
RE: Permit #01-100244-000-00-SM; U-HAUL FACILITY
34001 Pacific Highway S; Right of Way Modification
Dear Mr. Hill:
(253) 661-4000
Federal Way, WA 98063-9718
This letter responds to your request to waive the required street improvements associated with the
proposed U-Haul development on Pacific Highway. Specifically you requested a waiver from the
requirement to construct a north -south street across the subject property for future connection
between S 33e Street and S 348`h Street. After evaluating the existing conditions, review of Federal
Way City Code (FWCC) provisions (Sections 22-1496 and 22-1477), and the direction provided by
the City Council, the Public Works Department hereby modifies the requirements for street
improvements applicable to your permit application, as discussed below.
FWCC Section 22-1477, Modification of Improvements Along Property Frontage - This code section
allows the Public Works Director to grant a request to modify, defer, or waive the required street
improvements only after consideration of four specific reasons. The reason most applicable here is
contained in FWCC 22-1477, "(2) Unusual topographic or physical conditions preclude the
construction of the improvements as required."
The subject property is adjacent to the Kitts Corner Regional Detention Facility. Wetlands and a
stream lie to the north, south and west. Commercial properties to the south are developed with
vehicular access to Pacific Highway. Therefore, street connection from this property south to S 340
Street would be difficult. However, a street connection to the north from this property to S 336�h
Street, as well as an east -west street along the north property line to Pacific Highway is feasible.
As a result, the required north -south street improvements across the subject property will be waived.
However, the applicant is required to construct half street improvements along the north property
line. The improvements shall include a minimum 24-foot asphalt road surface, curb and gutter, four -
foot planter with trees, six-foot sidewalk, streetlights, and a three-foot utility strip meeting city street
Cross -Section "R." The centerlines of the new street and the east leg of the intersection of Pacific
Highway and 16a' Avenue S must align. In addition, modification to the existing traffic signals and/or
installation of new signal poles and signal heads at the above intersection will be required to insure
Right of Way Modification
January 22, 2001
Page 2
proper operation of the west leg. Also, frontage improvements to Pacific Highway are required and
shall conform to standard Cross -Section "A," which includes 45-foot pavement from centerline to
curb, curb and gutter, six-foot planter strip with street trees, eight -foot sidewalk, three-foot utility
strip, and streetlights. A right of way dedication of twelve feet is necessary to accommodate these
improvements. A professional engineer registered in the State of Washington must design all street
improvements to City of Federal Way and Washington State Department of Transportation
(WSDOT) standards.
The conditions of this right of way modification will be applicable for one year from the date of this
letter. If a building permit is not issued within the one-year time limit, the right of way modification
will be void, and a new request for modification must be submitted.
If you have any questions, call Jim Femling, Senior Engineering Plans Reviewer, at (253) 661-4196.
Sincerely,
Ken Miller, P.E.
Deputy Public Works Director
KM/JF.jlf
cc Trent Ward, Development Services Manager
Hazem El-Assar, Assistant Traffic Engineer
Kathy Messinger, ROW Engineering Tech
Jim Harris, Community Development Senior Planner
Randy Carlin, 2727 N Central Avenue, Phoenix, AZ _85004
Project File (JF)
Day File
1:\csdc\docs\save\43 668094. doc
'TILITY`DISTI�C�
January 15, 2001
LAKEHAVEN UTILITY DISTRICT
31627 -1st Avenue South * P.O. Box 4249 • Federal Way, Washington 98063
Seattle: 941-1516 • Tacoma: 927-2922 • Fax: 839-9310
Jeff W. McInnis
ABHL Engineers
2215 North 30th Street, Suite 300
Tacoma, WA 98403
RE: Spring Valley High School
Agreement No. 00-480
Dear Mr. McInnis:
DECEIVED gY
,-.n Ae�el lAllT/ 1�-1 f?D�,rc�,�- „-pADT1-r_y-r
JAN 17 2001
This letter is written to follow up on our meeting of January 4, 2001. 1 am enclosing copies of a couple of maps
that show most of the off -site improvements that you mentioned at the meeting and identified in the City of
Federal Way's Mitigated Environmental Determination of Non -Significance. Please provide a complete set of
the right-of-way improvement plans that are required and/or proposed for this project at the earliest possible
date. The District may need to modify some of its facilities prior to or in conjunction with the right-of-way
improvements.
Relocation, and raising or lowering, of water and/or sewer facilities, resulting from project road improvements,
and/or those facilities that need to be upgraded to meet the fire flow requirement, are the responsibility of the
developer.
Those facilities that are extended or upgraded because the District desires to have the work done before the road
is improved, for the sake of cost-effectiveness, will be at the District's obligation and expense (e.g., the water
main may be extended within South 359th Street, to cross Pacific Highway South, before the intersection is
improved).
Please call me at (253) 946-5406, or Brian Asbury at (253) 946-5407, if you have any questions. Fax
correspondence for Development Services should be directed to (253) 529-4081.
Sincerely,
ohn A. nsen
Engin ring Technician II
jjensen@lakehaven.org
JAJ/mey
c: Jim Harris- City of Federal Way, w/enc.
Tom Jovanovich Dick Mayer Donald L.P. Miller Ed Stewart Beverly J. Tweddle
Commissioner Commissioner Commissioner Commissioner Commissioner
SPRING VALLEY HIGH SCHOOL
Rebuilt Intersection:
ROAD IMPROVEMENT MAP
South 356'Street, 16'
Avenue South &
Enchanted Parkway
i
Install turn lanes and mad
'�
1
widening at the intersection
ti • '`
of South 359'�' Street &
e
Pacific Highway
avow
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Overlay 16"' Avenue
a •
South between South
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356s Street and
South 3591h Street
a ■ Install Traffic Circle
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3
! PROPOSED
SPRING
,�
#r' VALLEY
}
Rebuilt 16`s Avenue South
HIGH
%�
' from South 359"' Street and
SCHOOL?
the south edge of the project
site
According to City of Federal Way Mitigated Environmental Determination of Non -Significance and Jeff
McInnis of AHSL Engineers, project consultant for the High School, on January 4, 2441 mentioned the
following road improvement are required by the City of Federal Way as part of the High School construction:
• The intersection of South 356h Street, 16'h Avenue South and Enchanted Parkway South will be rebuilt.
Add a west -bound right -turn lane on Enchanted Parkway south -bound, add second east bound lane west of
I Ave S, add and eastbound left -turn lane on S 356'h St at Enchanted Parkway, add northbound right -turn
lane on 16'h Ave S, and add westbound left -turn lane on 16'h Ave S.
• The intersection of South 359'h Street and Pacific Highway South will have turn lanes installed. Widening
Pacific Highway at the intersection and channelization in according to the Washington State Department of
Transportation adding east bound turn lane on Pacific Highway north bound, add south bound turn lane on
South 359'h Street, add south bound left -turn lane on South 3591h Street & 16'h Avenue South
1e Avenue South roadway between South 359'h Street and the south edge (South 36e Street) of the
project site will be rebuilt and improved. The south edge of project for the frontage improvements are
approximately half way across the south property line as the road surrounds the site.
• At the intersection of 16'h Avenue South and South 359"' Street add a traffic circle, curb, gutter, sidewalk,
and street lighting.
• 16" Avenue South roadway between South 356'h Street and South 359"' Street may need to be overlaid.
SPRING VALLEY HIGH SCHOOL
IMPACT ON DISTRICT'S FACILITIES MAP
EXISITING PRV 4 8
r
m
r
• EXISTING 8" DI
�. *,. WATER
EXISTING 8" DI
EXISTING 6"
VALVE
A.C. WATER
ADJUSTMENT
"
;
WHEN OVERLAID
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m
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ap
n
EXISTING 8" AC MAY
NEED TO BE RELOCATED -
-
DEPENDING ON ROAD
POTENTIAL WATER
IMPROVEMENTS AND
MAIN IMPROVEMENT
PROPOSED
". ,
ALTERATION '
IN CONJUNCTION
SPRING
,
According to our facilities
WITH OR PRIOR TO
VALLEY
`
maps there is a 4" Gas Main
ROAD IMPROVEMENT
HIGH
�'
approximately 2' west of the
PROJECT OF SCHOOL
-�
r
water main
SCHOOL
!
•
EXISTING 6" CI "
s
Water crossing of
-
I-5 :
_
POTENTIAL IMPACT TO THE WATER and SEWER SYSTEMS
Location of PRV # 8 at the intersection of South 356`h Street and Enchanted Parkway South may be a
problem.
• Surface items (water & sewer) within 16th Avenue South may need adjustment between Enchanted Parkway
to the south edge of High School Site.
Water main may need to replaced within 16`h Avenue South between South 359t1i Street and the south edge
of the High School Site;
• May want to improve the water system within South 359' Street in conjunction with or prior the road
improvement of South 359`h Street and Pacific Highway. The City of Federal Way will not allow the road
to by cut for approximately 5 to 8 years after the improvements are made.
May need to upgrade the water system to obtain the: necessary water flow requirement for the new
school. If the school need additional flow to meet their fire now requirements, they will be require to
upgrade the necessary portions to meet their needs.
• Water main may need to be lower it elevation of final road improvement change.
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V.
FILED FOR RECORD AT REQUEST OF:
city of Federal Way
MAIL TO:
City of Federal Way
33530 1st Way South
Federal Way, WA 98003
ATTN: Jeff Pratt
EASEMENT FOR DRAINAGE FACILITIES
FOR 336TH/RITTS CORNER PROJECT
RECEIVED
SEP 2 0 1005
For and consideration of One Dollar ($1.00) and other valuable
consideration, the receipt of which is hereby acknowledged, Robert
L. Wright, an individual, ("Grantor") grants, conveys and warrants
to the CITY OF FEDERAL WAY, a 'Washington Municipal Corporation
("Grantee") for the purposes hereinafter set forth a perpetual
exclusive easement under, across and over certain real property
(the "Property") located in Federal Way, Washington, legally
described as follows:
[See Exhibit "A" attached hereto and incorporated herein
by this reference.]
Except as may be otherwise set forth herein, Grantee's rights shall
be exercised only upon that portion of the Property ("Easement
Area") legally described as follows:
[See Exhibit "B" attached hereto and incorporated herein by
this reference.]
1. Purpose, Grantee and its agents, designees and/or assigns
shall have the exclusive perpetual right, without prior notice to
Grantor, at such times as deemed necessary by Grantee, to enter
upon the Easement to inspect, construct, reconstruct, operate,
maintain, repair, replace, grade, excavate and enlarge all surface
water drainage facilities including, but not limited to,
underground facilities and/or systems upon and under the Easement
Area, together with all necessary or convenient appurtenances
thereto, including without limitation, pipes, catch basins,
retention and detention facilities, ponds, biofiltration swales,
ditches, water quality treatment facilities vaults and semi -buried
or ground mounted facilities ("Facilities"). Grrantee shall have
the right to flood the Easement Area and to engage in any and all
activities as if Grantee owns fee title to the Easement Area.
Following the initial construction of the Facilities, Grantee may
-1-
EXCISE TAX NOT REQUIRED
kir� a. Rj9Car s ,vision
from time to time construct such additional facilities or
improvements as it may require within the Easement Area.
2. Access. Grantee shall have the right of reasonable access to
the Easement Area over and across the Property to enable Grantee to
exercise its rights hereunder.
3. Obstructions; Landscaping. Grantee may remove any and all
vegetation, trees, or other obstructions within the Easement Area,
and may level and grade the Easement Area.
4. Grantor's Use of Easement. This Easement shall be exclusive to
Grantee; provided, however, Grantor reserves the right to use the
Easement Area in order to comply with City code requirements for
open space, greenbelts or maximum lot coverage; and provided
further Grantor may install, at its expense, such facilities as
reasonably necessary to provide for direct discharge of treated
storm water from the Property to the Easement Area in compliance
with all applicable laws and after obtaining all necessary permits;
and Grantor may install landscaping in the Permanent Easement if
the City approves such installation and after obtaining all
necessary permits and approvals in compliance with all applicable
p laws. Further, Grantor shall not perform digging, tunnelling or
other form of construction activity on the Property, which would
0 disturb the compaction or unearth the Facilities on the Easement
Area, or endanger the lateral support to the Facilities. Grantor
M shall not blast within fifteen (15) feet of the Easement Area.
O
`n 5. Successors and Assigns. The rights and obligations of the
O)
parties shall inure to the benefit of and be binding upon their
respective successors, heirs and assigns.
6. No Encumbrances. Grantor shall maintain the Easement Area
free of all encumbrances and defects and is prohibited from
recording or taking any action which results in the recording of
any lien, encumbrance or other defect against the Easement Area.
DATED this D day of , 1995.
GRANTOR: GRANTEE:
WRIGHT CITY OF FEDERAL WAY, a Washington
Municipal Corporation
r
BY By - -
Rober L. t Kenneth E. Nybe
��� Its City Manager
_2_
O
O
eel
L I
O^
0)
STATE OF WASHINGTON
ss.
COUNTY OF KING
[INDIVIDUAL NOTARY]
On this day personally appeared before me, the undersigned
Notary Public in and for the State of Washington, duly commissioned
and sworn, Robert L. Wright, to me known to be the individual
described in and who executed the foregoing instrument, and on oath
swore that he executed the foregoing instrument as his free and
voluntary act and deed for the uses and purposes therei mentioned.
VE hand and official. --seal this (� day of
1995.
K:\DOCUMENT
9/01/95
ary Vnat�ire)
(typed/printed name of notary)
Notary Public in and for the State of
Washington
My commission expires:
5911
STATE OF WASHINGTON )-
) ss. [INDIVIDUAL NOTARY]
COUNTY OF KING )
On this day personally appeared before me, the undersigned
Notary Public in and for the State of Washington, duly commissioned
and sworn, Robert L. Wright, to me known to be the individual
described in and who executed the foregoing instrument, and on oath
swore that he executed the foregoing instrument as his free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hand and official seal this day of
, 1995.
STATE OF WASHINGTON
ss.
COUNTY OF KING
(notary signature)
(typed/printed name of notary)
Notary Public in and for the State of
Washington
My commission expires:
On this day personally appeared before me, the undersigned
Notary Public in and for the State of Washington, duly commissioned
and sworn, Kenneth E. Nyberg, to me known to be the City Manager of
the City of Federal Way, a Washington municipal corporation, the
corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute the
said instrument.
GIVEN my hand
PUBLIC
IF% tt 4 9s ?
K:\DOCUMENT\WRIGHT.EAS
9/01195
and official seal this day of
1995.
416
notary si nature)
i ni
(typed/printed name of notary)
Notary Public in and for the State
of Washington.
My commission expires:
-3-
EXHIBIT "A"
TO
PERMANENT EASEMENT - WRIGHT
That portion of the south half of the north half of the north half of the southeast quarter
of the northeast quarter of Section 20, and that portion of the north half of the south half
of the north half of the southeast quarter of the northeast quarter of Section 20, Township
21 North, Range 4 East, W.M., in King County, Washington, lying westerly of Primary
State Highway No. 1 (US 99) and more particularly described as follows:
Commencing at the northeast corner of said Section 20;
thence south 01 ° 12' 17" west along the east line of said northeast quarter of Section 20, a
distance of 1479.34 feet to the northeast comer of said south half of the north half of the
north half of the southeast quarter of the northeast quarter of Section 20;
thence north 88°24'53" west along the north line of said south half of the north half of
the north half of the southeast quarter of the northeast quarter of Section 20, a distance of
G 169.96 feet to the westerly right-of-way line of Primary State Highway No. 1 (US 99)
r-1
and the TRUE POINT OF BEGINNING;
thence continue along said north line north 88°45'53" west, a distance of 1143.58 feet to
�7
the northwest corner of said south half of the north half of the north half of the southeast
quarter of the northeast quarter of Section 20;
thence south 01 ° 14'32" west along the west line of said southeast quarter of the northeast
quarter of Section 20, a distance of 328.83 feet to the southwest corner of said north half
of the south half of the north half of the southeast quarter of the northeast quarter of
Section 20;
thence south 88°46'07" east along the south line of said north half of the south half of
the north half of the southeast quarter of the northeast quarter of Section 20, a distance of
1034.43 feet to said westerly right-of-way line of Primary State Highway No. 1 (US 99);
thence north 22°49'31" east along said westerly right-of-way line, a distance of 115.81
feet to the beginning of a curve to the left;
thence along said curve to the left having a radius of 2815.00 feet through a central an
of 04°21'52" an arc distance of 214.43 feet;
thence north 71 °32'21" west, a distance of 10.00 feet to the beginning of a curve to the
left;
thence along said curve to the left having a radius of 2805.00 feet through a central angle
of 0°20'24" an arc distance of 16.65 feet to the TRUE POINT OF BEGINNING.
k: WocumenAwtight.lgl
EXHIBIT "B"
TO
PERMANENT EASEMENT - WRIGHT
The west 528 feet of the following described property:
That portion of the south half of the north half of the north half of the southeast quarter
of the northeast quarter of Section 20, and that portion of the north half of the south half
of the north half of the southeast quarter of the northeast quarter of Section 20, Township
21 North, Range 4 East, W.M., in King County, Washington, lying westerly of Primary
State Highway No. 1 (US 99) and more particularly described as follows:
M Commencing at the northeast corner of said Section 20;
p thence south 01 ° 12' 17" west along the east line of said northeast quarter of Section 20, a
W distance of 1479.34 feet to the northeast corner of said south half of the north half of the
C north half of the southeast quarter of the northeast quarter of Section 20;
rl thence north 88°24'53" west along the north line of said south half of the north half of
pthe north half of the southeast quarter of the northeast quarter of Section 20, a distance of
169.96 feet to the westerly right-of-way line of Primary State Highway No. 1 (US 99)
and the TRUE POINT OF BEGINNING;
thence continue along said north line north 88°45'53" west, a distance of 1143.58 feet to
the northwest corner of said south half of the north half of the north half of the southeast
quarter of the northeast quarter of Section 20;
thence south 01 ° 14'32" west along the west line of said southeast quarter of the northeast
quarter of Section 20, a distance of 328.83 feet to the southwest corner of said north half
of the south half of the north half of the southeast quarter of the northeast quarter of
Section 20;
thence south 88°46'07" east along the south line of said north half of the south half of
the north half of the southeast quarter of the northeast quarter of Section 20, a distance of
1034.43 feet to said westerly right-of-way line of Primary State Highway No. 1 (US 99);
thence north 22°49'31" east along said westerly right-of-way line, a distance of 115.81
feet to the beginning of a curve to the left;
thence along said curve to the left having a radius of 2815.00.. feet through a central angle
of 04°21'52" an arc distance of 214.43 feet;
thence north 71°32'21" west, a distance of 10.00 feet to the beginning of a curve to the
left;
thence along said curve to the left having a radius of 2805.00 feet through a central angle
of 0°20'24" an arc distance of 16.65 feet to the TRUE POINT OF BEGINNING.
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GOVERNING MUNICIPALITY. CITY OF FEDERAL WAY
CURRENT PROPERTY ZONING. BC
VICINITY MAP
NOT TO SCALE
LEGEND
PROPOSED U nL1 TY
BOUNDARY
RIGH T- OF- WA Y
SEWER MANHOLE
CEN TER LINE
EA SEMEN T
CATCH BASIN., TYPE I
=mmimmiDSTORM DRAIN PIPE
(9
CATCH BASIN, TYPE H
SEWER MAIN
,3 0 G- 10 EXIS TING CONTOURS
PROPOSED ASPHALT PAVEMENT
2' EXISTING CONTOURS
-429 10 PROPOSED CONTOURS
---422 -------- 2' PROPOSED CONTOURS
EXIS 7ING FEA 7URES
EXIS 77NG STORM DRAIN PIPE
El
EXIS77NG CA TCH BASIN, TYPE I
-SS-- EXIS77NG SEWER MAIN
0
EXIS77NG SEWER MANHOLE
- W- EXIS 77NG WA TER MAIN
EXIS77NG POWER POLE
--PO---EXIS77NG POWER LINE
--T---EXIS77NG TELEPHONE LINE
Q
EXISTING FIRE HYDRANT
EXISTING S7REET LIGHT
EXIS 77NG SIGN
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CTR CHNL IE==270.66
R=280�.00
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EX. 0
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EX. DRAINAGE FACILITIES EASEMENT
4'4V A Ul -C. NO. s ,50971607 & -9509110608
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EX. SANITARY SEWER EASEMENT
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EX. SSMH 2
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EX. C8 F
RIM=,310.04'
15" D.I.P. IN S. IE=,304.96)
15" D.I.P. OUT N. IE=JO4.88'
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