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Council PKT 09-06-2005 Regular A Federal Way City Council Meeting AGENDA COUNCILMEMBERS Dean McColgan, Mayor Jeanne Burbidge Jim Ferrell Jack Dovey Linda Kochmar Eric Faison Mike Park CITY MANAGER David H. Moseley Office of the City Clerk September 6, 2005 AGENDA FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall September 6, 2005 -7:00 p.m. (wWw.c'ityoffi>deralway.com) * * * * I. CALL MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. PRESENT A TIONS a. Certificate of Recognition/Presented by Regional Transit Committee b. Human Services Commission/Appreciation Plaque (outgoing) c. Human Services Commission/Introduction & Certificate of Appointment (unexpired term) d. Introduction of New Employees/City Manager c. Emerging Issues/City Manager TV. CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING, Citizens may address City Council at this time, When recognized by the M'l:yor. please come/cII"ward to the podium and state your namefbr the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are olherwise inappropriate. V. CONSENT AGENDA Items listed below have he en previously reviewed hy a Council Committee o( three members and brought before .Iidl Council/br approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion, a. Minutes/August 2, 2005 Regular Meeting b. Status of Traffic Calming Efforts for 21 s( Ave. SW c. Council Bill #380/Interim Zoning Code Amendment - Enactment Ordinance d. Adoption of National Incident Management System - Resolution (Page 1 of3) .....-.--- e. Target Corporation Grant/Donation Award 1'. Memorandum of Understanding Among Participating Law Enforcement Agencies Forming a Regional Automated Information Network (RAIN) g. Memorandum of Understanding Among Naval Criminal Investigative Service & Participating Federal, State, County, & Mlmicipal Agencies for Informational Sharing Initiative VI. CITY COUNCIL BUSINESS a. Cancel 2005 CDBG Allocation to Federal Way Community Center f()r Senior Nutrition and Health b. Parks & Recreation Commission Appointmcnt (unexpired term) c. Sale of Klahanee Lake Community/Senior Center d. 'Ieamster 763 Labor Agreement VIT. INTRODUCTION ORDINANCES a. Council Bill #3811Amending FWCC to Authorize Court to Order Restitution in Hit & Run Cases AN ORDINANCE OF TI-IE CITY COUNCI L OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6 OF THE FEDERAL WA Y CITY CODE TO AUTHORIZE, WHERE APPROPRIATE, RESTITUTION ON HIT AND RUN CHARGES (Amending Ordinance No. 02-429) b. Council Bill #382/Appointment of Civil Scrvice Commissioners AN ORDINANCE OF THE ClTY COUNCIL OF 'fHE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 2, ARTiCLE III, SECTIONS 2-50 AND 2-51 Of THE CITY OF FEDERAL WAY CITY CODE TO BROADEN THE PARTICIPATION AND UTILITY OF ALTERNATE COMMISSIONERS (Amends Ordinances No. 95-244 and 96-258) c. Council Bill #383/Amending FWCC Chapter 6: To Criminalize the Making or Having of Burglary or Vehicle Theft Tools AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6 OF THE FEDERAL WAY CITY CODE TO CRIMINALIZE THE MAKING OR HA VING OF BURGLARY OR VEHICLE THEFT TOOLS (Amending Ordinance No. 91-89) (Page 2 C?l3) d. Council Bill #384/Pacific Highway South HOV Lanes Phase 111 Condemnation AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE CONDEMNATION, APPROPRIATION, TAKING AND/OR ACQUISITION OF CERTAIN REAL PROPERTY AND/OR EASEMENTS FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING RIGHT- OF-WAY IMPROVEMENTS IN THE VICINITY OF PACIFIC HIGHWAY SOUTH BETWEEN DASH POINT ROAD AND SOUTH 284TH STREET, TOGETHER WITH ALL APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS ALL WITHIN THE CITY OF FEDERAL WAY; AND DIRECTING THE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION. VIII. CITY COUNCIL REPORTS TX. CITY MANAGER REPORT X. EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.1100 )(i) Property Acquisition/Pursuant to RCW 42.30.110(1 )(b) XI. ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND ON THE CITY'S WEBSJTE UNDER CITY COUNCIL MEETING AGENDA AND PACKETS-YOlJ MAY ALSO E-SlJBSCRIBE TO RECEIVE ONGOING NOTIFICA TrON OF CITY COUNCIL VPDA TES (Page 3 of3) MEETING DATE: September 6, 2005 ITEM;1[ ( tt) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: BUDGET IMP ACT: D CONSENT D ORDINANCE Amount Budgeted: $ D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $ D CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $ ATTACHMENTS: Draft minutes of the City Council regular meeting held on August 2,2005 SUMMARY/BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: N/ A PROPOSED MOTION: "I move a 1'0 of the minutes ofthc City Council regular meeting held on August 2, 2005." CITY MANAGER APPROVAL: - -, (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED COUNCIL BILL # D DENIED 1 ST reading D -- TABLEOillEFERREDINO ACTION Enactment reading D MOVED TO SECOND READING (urdinances only) ORDINANCE # _."~.M.'_~~._ RESOLUTION # "'._,~,~.,._..~,..~"~-~ _,~.'_."_,~~n',~"._ .~"~,.. REVISED - 05/10/2001 Federal Way City Council Regular Meeting Minutes August 2, 2005 - Page 1 of 8 FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall August 2, 2005 -7:00 p.m. Draft Minutes 1. CALL MEETING TO ORDER Mayor McColgan called the regular meeting ofthe Federal Way City Council to order at 7:02 p.m. Councilmembers present: Mayor Dean McColgan, Deputy Mayor Linda Kochmar, and Councilmembers Jeanne Burbidge, Jack Dovey, Jim Ferrell, Eric Faison and Mike Park. Staff present: City Manager David Moseley, City Attorney Pat Richardson, and City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Mayor McColgan called upon City Clerk Chris Green to lead the flag salute. MOTION BY DEPUTY MAYOR KOCHMAR TO AMEND THE AGENDA TO ADD TWO ITEMS UNDER EXECUTIVE SESSION: COLLECTIVE BARGAINING UNDER RCW 42.30.140(4)(B); AND SALE OR LEASE OF REAL PROPERTY UNDER RCW 42.30.110(1)(C). SECONDED BY COUNCILMEMBER PARK. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell yes III. PRESENT A TIONS a. Introduction of New Staff/City Manager City Manager Moseley introduced Officers Brandon Parsons (Recruit Police Officer) and Brian Lauer (Lateral Police Officer). Both officers were unable to attend tonight's meeting. Federal Way City Council Regular Meeting Minutes August 2, 2005 - Page 2 of 8 b. Emerging Issues/Citv Manager City Manager Moseley reported three emerging issues. He announced that tonight's meeting will be the last for City Clerk Chris Green. Chris was the very first hire of the City of Federal Way in 1989; first serving as Deputy City Clerk and later becoming City Clerk in 1995. The City thanks Ms. Green for her dedication of service to the City. Mayor McColgan presented her with a certificate of appreciation on behalf of the City Council. Mr. Moseley introduced Commissioner Bob Edwards of the Port of Seattle. Mr. Edwards gave a briefing on the activities of the Port; including the proposal by Southwest Airlines to move their flights to Boeing Field. The airport and seaport are both seeing increased business; construction of the 3rd runway is running ahead of schedule; and the new central terminal has opened and is doing very well. Also discussed was the South King County Economic Development Initiative. In regards to the Southwest proposal, the Port opposes the move and believes that fares will increa~e and local businesses will lose money if this happens. Deputy Mayor Kochmar asked City Manager Moseley to contact King County to make a presentation on the Southwest Airlines issue at a future Council meeting. City Manager Moseley called upon Economic Development Director Patrick Doherty to give a report on the Han Woo-Ri Festival. Mr. Doherty presented a video and gave a financial report, which was passed out to Council. IV. CITIZEN COMMENT Bene Dagan and Joey Kaye: Both residents reported problems with the park gate, fencing around the playground equipment, speeding, and the fountain. Ms. Dagan suggested tapping the local Korean-American population more for the Han Woo-Ri festival participation. Bob Hitchcock: Mr. Hitchcock announced that Federal Way Festival Days is scheduled for August 26-28. Joanne Fels: Ms. Fels stated her support for Council Bill #377 (Commercial Vehicle Ordinance), which was recently tabled by the Council to later this year. Marie SciaQua: Ms. Sciaqua stated her disappointment for the tabling of Council Bill #377. She presented a powerpoint presentation stating her support for the bill. Councilmember Dovey asked City Manager Moseley to list the actions the City has taken and has decided not take concerning Coronado Park. Mr. Moseley was asked to provide the amount the City has spent on those improvements thus far at the next Council meeting. Jill Payne: Ms. Payne stated that she believes Ms. Kaye and Ms. Dagan speak for many residents in the Coronado Park area. Federal Way City Council Regular Meeting Minute.\' Au/(ust 2, 2005 - Page 3 of8 . Regarding 911 calls, Mayor McColgan reminded citizens that the police chicf does not have the ability to direct how calls are prioritized. He asked City Manager Moseley to obtain from Valleycom an explanation on how calls arc prioritized and some statistics on the number of 911 calls received. V. CONSENT AGENDA a. Minutes/July 19,2005 Regular Meeting -Approved b. Vouchers - Approved c. Monthly Financial Report/June 2005 - Approved d. Council Bill #378/Comcast Franchise Extension - Enacted Ordinance #05- 497 e. Council Bill #379/ Code Amcndment to Provide for Certification of Seven Candidates on Police Eligibility Record - Enacted Ordinance #05-498 1'. Brighton Park Preliminary Plat - Approved Resolution #05-452 g. Lakehaven Utility District lnterlocal Agreement/So 336tl1 St at 1 st Way So Intersection Improvements - Approved h. 21 st Ave So Grid Road Extension/30% Design Status Report - Approved 1. Grant Funding Application for Transportation Improvement Proiccts - Approved .I. So 320tl1 St at 1 st Way So Intersection Improvements/30llil Dcsign Status . Report - Approved 1<. So 356tl1 St at SR 99 Intersection Improvements/Design Options - Approved 1. Amcndment to Federal Way 2005 Planning Commission Work Program - Approved m. OPUS Developer Agreements - Approved Councilmembcr Dovey pulled item (m) from the agenda; Deputy Mayor Kachmar pulled item (g) from the agenda. MOTION BY COUNCILMEMBER PARK TO API>ROVE CONSENT AGENDA ITEMS (a) through (t) and (h) through (I) AS PRESENTED; SECONDED BY COUNCILMEMBER DOVEY. "rhe motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell yes Consent Agenda item (j2;)/Lakehaven Utility District InterlocaI Agreement/So 336tl1 St at 1 st Way So Intersection Improvemcnts Deputy Mayor Kachmar recused herself from this item, as shc is an employee of Lakehaven Utility District. . Federal Way City Council Regular Meeting Minutes August 2, 2005 - Page 4 of 8 MOTION BY COUNCILMEMBER DOVEY TO APPROVE CONSENT AGENDA ITEM (f) AS PRESENTED; SECONDED BY COUNCILMEMBER FAISON. The motion passed as follows: Burbidge yes Kochmar recused Dovey yes McColgan yes Faison yes Park yes Ferrell yes Consent Agenda item (m)! OPUS Developer Agreements Councilmember Dovey called upon Public Works Director Cary Roe to give a staff presentation on the item. MOTION BY COUNCILMEMBER DOVEY TO APPROVE CONSENT AGENDA ITEM (f) AS PRESENTED; SECONDED BY COUNCILMEMBER FERRELL. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell yes VI. PUBLIC HEARING Interim Downtown Business Zoning Mayor McColgan opened the public hearing at 8: 13p.m. . Staff Report Community Development Director Kathy McClung gave a staff presentation on the proposed ordinance. [Correction #1]: On page 2, Paragraph 2, 4th Line of staff report ~ add "in excess [of 10,000 squarefeetJ. " [Correction #2]: In Exhibit B. Conclusions #11 - add "by The Leland Group. " . Citizen Comment (3-minute limit) There was no citizen comment at this time. Federal Way City Council Regular Meeting Minutes August 2, 2005 - Page 5 of 8 . City Council Action - Introduction Ordinance Council Bill #380/Interim Zoning Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING FINDINGS AND CONCLUSIONS AND A WORK PLAN REGARDING THE INTERIM OFFICIAL ZONING CONTROLS ADOPTED ON JUNE 7, 2005 (AMENDING ORDINANCE NO. 05-493). Deputy Mayor Kochmar asked for clarification from Ms. McClung and Mr. Doherty regarding page 2, Exhibit A, 2nd Paragraph in the staff report ("no new single story, single tenant building in excess of 75,000 sf'). She stated her opposition to the proposed ordinance. Councilmembers Park and Dovey asked how the City communicated to local businesses/landowners about the proposed ordinance. Staff explained that while the City did not directly contact each individual business/property owner, it has been in contact with the Chamber of Commerce through a number of meetings and advertising the public hearing in the local papers, as required by state statute. It was clarified that the code amendment would not affect projects already in place. The proposed ordinance is in effect for six months (beginning June 7, 2005), but can be extended another six months at the discretion of the Council. City Manager Moseley stated that from the meetings between the City and the Chamber of Commerce, the message received was that businesses want to be involved with the proposed zoning changes and want to get it done within the six month period. The mall was also consulted on this issue. A stakeholders group will be meeting over the next two weeks to work on the code amendment. Both Councilmember Ferrell and Mayor McColgan stated their support for the proposed ordinance. City Clerk Green read the ordinance title into the record. MOTION BY COUNCILMEMBER FERRELL TO MOVE COUNCIL BILL #380 TO SECOND READING AND ENACTMENT ON SEPTEMBER 2; SECONDED BY COUNCILMEMBER FAISON. The motion passed 5-2 as follows: Burbidge yes Kochmar no Dovey no McColgan yes Faison yes Park yes Ferre 11 yes Mayor McColgan closed the public hearing at 8:35p.m. Federal Way City Council Regular Meeting Minutes August 2, 2005 - Page 6 of 8 VII. CITY COUNCIL BUSINESS a. Cancellation of August 16. 2005 Regular Council Meeting Historically the Council has cancelled the second meeting in August due to staff and councilmember vacations, as well back to school for kids. MOTION BY MAYOR MCCOLGAN TO CANCEL THE AUGUST 16,2005 REGULAR COUNCIL MEETING; SECONDED BY DEPUTY MAYOR KOCHMAR. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell yes b. Human Services Commission Appointment (unexpired term) MOTION BY COUNCILMEMBER BURBIDGE TO APPOINT BOB WROBLEWSKI AS A VOTING MEMBER OF THE HUMAN SERVICES COMMISSION TO FILL THE UNEXPIRED TERM OF COMMISSIONER KEVIN KING THROUGH JANUARY 31, 2006; SECONDED BY COUNCILMEMBER FAISON. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell yes c. Proposed Collective Bargaining AgreementlMunicipal Court Clerks City Manager Moseley called upon City Attorney Pat Richardson to make a staff presentation. MOTION BY DEPUTY MA YOR KOCHMAR TO APPROVE THE COLLECTIVE BARGAINING AGREEMENT FOR THE MUNICIPAL COURT CLERKS AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT; SECONDED BY COUNCILMEMBER BURBIDGE. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell yes Federal Way City Council Regular Meeting Minutes August 2, 2005 - Page 7 of 8 VIII. CITY COUNCIL REPORTS Councilmember Faison: The next Finance, Economic Development, and Regional Affairs Committee will be August 9th at 5:30p.m. The main topic of discussion will be designation of funds for a downtown revitalization fund. Councilmember Dovey: The next Land Use/Transportation Committee meeting will take place on August 15th at 5:30p.m. The Audubon Society has been invited to speak about wildlife habitat at the meeting. Councilmember Burbidge: The next Parks, Recreation, Human Services, and Public Safety Committee meeting will take place August 8th at 5:30p.m. A number of items are on the agenda; including restitution involving hit and run cases and Federal Way Festival Days. On July 21-22 she attended a meeting of the State Transportation Improvement Board, which was held in Spokane. She also attended a meeting on disaster planning held by the Suburban Cities Association (SCA) and King County. Last week she attended a meeting of the Joint Resolution Committee; they discussed Community Development Block Grant funding and housing funding. Next Tuesday at 1 0:00am there will be a ribbon cutting for the completion of the Pacific Highway South Phase II Improvement Project. Deputy Mayor Kochmar: Deputy Mayor Kochmar thanked staff, police officers, and all of those who were involved in and attended this morning the dedication ofthe memorial for Officer Patrick Maher, who was killed in the line of duty two years ago. She also reiterated her interested in looking at the South King County Economic Development Initiative. Councilmember Park: The next Lodging Tax Advisory Committee meeting is scheduled for August 12th at 8:00am. Councilmember Ferrell: The SCA Public Issues Committee met at Renton City Hall on July 20th; they discussed issues on annexation. He will also be attending the Coronado Park block watch meeting on August 6th. Mayor McColgan: Mayor McColgan reported that he received a phone call from Sen. Maria Cantwell with good news: the triangle project will be receiving additional federal funding ($5.6 million) in the budget. Last week he attended the Association of Washington Cities conference; the main topic of interest was discussion of the initiatives that may be placed on the ballot this November. IX. CITY MANAGER REPORT City Manager Moseley expressed his appreciation for those who participated in the memorial dedication of Officer Patrick Maher. He also praised the public safety department for their swift actions in the safe return in the abduction of three citizens last week in Federal Way. It was the first Amber Alert to occur here in the city. Our sister city of Hachinohe, Japan will be sending a delegation the week of August 22nd; they will be meeting with members of the Port of Tacoma and Seattle. They will be Federal Way City Council Regular Meeting Minutes August 2, 2005 - Page 8 of 8 renewing their agreement with the Port of Tacoma and will be trying to come to a similar agreement with the Port of Seattle. City of Hachinohe officials will be making a courtesy call here at city hall on August 23rd at 1 :3Opm. Regarding the Dash Point Park issue, after a through research it appears that pursuant to a 1982 hearing examiner decision there were conditions transferred to the City after it had acquired the land. The City is now aware ofthese conditions and is in communication with local residents to ensure compliance with those conditions. Mayor McColgan reported that tours of Valley com (located in Kent) are available to citizens to see how calls are responded to. Anyone who is interested can contact the Mayor for further information. The Mayor also credited Councilmember Burbidge with her efforts to obtain transportation funding for projects affecting Federal Way. X. EXECUTIVE SESSION a. Collective Bargaining/Pursuant to RCW 42.30.140 (4)(b) - added item b. Sale or Lease of Real PropertylPursuant to RCW 42.30.110 (1 )(c) - added item The Council recessed into executive session at 9:02p.m, with an expected duration of approximately 30 minutes. The Council returned to chambers at 9:21p.m. X. ADJOURNMENT There being nothing further to discuss, Mayor McColgan adjourned the regular meeting of the Federal Way City Council at 9:21p.m. N. Christine Green, CMC City Clerk ~ MEETING DATE: September 6th, 2005 ITEM# ~ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Traffic Calming Efforts on 21'1 Avenue SW ......."",........",,"',... ............................................................................ .. ........................................-....... ""',""',,,,,,,'"'''''''''' .......................,.......,.,...... ................................... ........................................... .mm................."..,.,.,.,.,..,.........,...,.."..m..'......",.... CATEGORY: BUDGET IMPACT: [ZJ CONSENT D ORDINANCE Amount Budgeted: $ D RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ D CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $ .................. .""..,..."".......,........., m............__ ........................_..._....._. ....................."""".....". ..... ..................................._ .........................__._.._......_...._ ............_ ........................................................._ ...............................................~._ ................m~....... . . ATTACHMENTS: PowerPoint slides presented to the Land Use and Transportation Committee dated August Ist,2005. "",..,.._.,.,m... ..........mm.....'...,..........,., m m.m........ mm.. mmm._m.__.____._._ mm....m....... .... ......,.,...",.". ,.....,.",.".."."''''.. "".,.....'._""'m.._mm_.....__m_...__"m..' .m mmm.mm.................._ ...mmmmmmm......m.._.m._mmm.._mm___mm._.m..___._._mmm.._mm_..__....... SUMMARYIBACKGROUND: At the June 21, 2005, meeting ofthe City Council, staff was requested to provide an update on the status of the City's efforts to address speeding concerns on 21st Avenue SW north ofSW Dash Point Road in response to concerns expressed by residents. The first petition for traffic calming devices on 21 sl Avenue SW was received in late 2001. The street easily met the technical criteria for qualifying for the Neighborhood Traffic Safety (NTS) Program. Results showed only the speed hump on 21 SI Way SW passing. Based on past experience on 41h Avenue S near S 304th Street, staff determined that one speed hump would not be effective in deterring speeding, so no proposal was forwarded to the Committee. The ballot results were contested due to an issue with the area being balloted. This issue was brought to the Committee and Council in July 2002, which reaffirmed the balloting area policy. A second petition was received in 2003. Again, 21s1 Ave SW met the technical criteria but the ballot measure failed. A third petition has now been received. Staff has determined that 21 sl Avenue SW continues to meet the technical criteria for qualifying for the NTS program. A neighborhood meeting took place July 261h. The consensus solution was to install raised crosswalks at SW 3041h Street and SW 30ih Street, and three mid-block speed tables. It was noted that this proposal would exceed the $10,000 per neighborhood per year limit in the Council's adopted policy, and with other pending NTS requests, could exceed the NTS program budget, but that the increase in budget would be unlikely to cause the Public Works Department operating budget to be exceeded. Staff recommended that the consensus solution be balloted within the neighborhood. ,,,,.._..m, m.___mm._mm._m_.___....... . . ." ,."""......""""..",.."..",...."',,,,,,,.,,, ......m..._m._._m.._..m.._.._m_ m......m._.~mm._m... ..... .. ..... "m""'''''.........""".................... """"......."... ..... ,.. '.. . . .... "...."....."..... .. "'...........................m.......~............~ ....'..m......mm................___..... CITY COUNCIL COMMITTEE RECOMMENDATION: At its August Ist, 2005 meeting, the Land Use and Transportation Committee forwarded the following recommendations: 1. To more expediently address the ongoing safety issues and overcome the past lack of neighborhood consensus, bypass the balloting process in the current policy; 2. In order to more aggressively combat speeding, revise the proposal to replace the mid-block speed tables with speed humps; and 3. Authorize staff to exceed the $10,000 per neighborhood per year limit in the current policy. mm_....___._mmm.._...____.m .. ........""..,,,,,,,,.,"',,,,,,"'''',,,,'''''''''..,,.,,. mmmmmm._ m....m........,........._ ............. ........................................m................................ ..............m.........,......................_ .....m..m~.m_........_...m. PROPOSED MOTION: "I move to authorize staff to implement the Land Use and Transportation Committee recommendation to install two raised crosswalks and three speed humps on 21 sl Avenue SW." .mmmm........mmmmm......_.._......._mm. ....'m.. .. . .. ..... ..... ......... ......................mmmmm..m.._ .....mmm............mm._m.m .......... .......... ",.,.. ........"....""',,............ .........."...............,. /\, CITY MANAGER APPROVAL: ( .J. 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In 0 ~ 0 N r./'J . -- 0 M -- 00 -- 1 ... ..-.---.--------..- --- -- ..n - -- -- --- - I ....~~~.!!N.q..!!A!~.7...A~g~~!....~.?.~.Q~?................................................................._.__.............J.!.~.M~ YCC) .......................................................... CITY OF FEDERAL WAY City Council AGENDA ITEM .....~!!.~;!~~.!.;......!!!_!.~.~!~..~.~.!!.!!!_g...Q.~!!!!!.~.!!.~~..._.._............................................................................................................................................................................. CATEGORY: BUDGET IMPACT: CONSENT RESOLUTION Amount Budgeted: $ ~ ORDINANCE - STAFF REPORT Expenditure Amt: $ - BUSINESS PROCLAMATION Contingency Reqd: $ - - X HEARING STUDY SESSION - - FYI OTHER - - ............................................................................................................................................................................................................................................................................................................................................................................ ATTACHMENTS: 1) Ordinance 2) Staff Report 3) Findings and Conclusions 4) Work Plan .................................................................................-.......................................................................................................................................................................................................................................................................................... SUMMARYIBACKGROUND: The City Council adopted an interim zoning ordinance June 7, 2005, which placed certain restrictions on properties located south of 312th Street, north of 324th, east of Pacific Highway and west ofI-5. State law requires that a public hearing be held within 60 days of adoption of the interim zoning ordinance. The attached Ordinance adopts a work plan and Findings and Conclusions. ........._.............................................................nn_............................................................_.._+_.............................................................................................................................................................................................................................. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A .................................................................................................................................................................................................................+...+....+................................................................................................................................................. CITY MANAGER RECOMMENDATION: Motion to amend Ordinance 05-493 to include the attached Findings and Conclusions and a Work Plan. --------------------------- APPROVED FOR INCLUSION IN COUNCIL PACKET: \ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL # c3cro - DENIED ORDINANCE # - T ABLEDIDEFERRED/NO ACTION RESOLUTION # )< K~J -h 2- ~d {Q.t.J(^~" o/J/(lJ I ~l- (lu..dA /l~ tJftIo;; I:\OICOMPPLAN\CC AGENDA COVER SHEET ON SELECTION PROCESS.doc/07/26/2005 3:19 PM ~/o5 ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING FINDINGS AND CONCLUSIONS AND A WORK PLAN REGARDING THE INTERIM OFFICIAL ZONING CONTROLS ADOPTED ON JUNE 7, 2005 (AMENDING ORDINANCE NUMBER 05- 493). WHEREAS, the City of Federal Way adopted interim regulations pursuant to RCW 35A.63.220 on June 7, 2005 in the form of Ordinance No. 05-493, rcstricting single-story single tenant buildings in excess of 75,000 square feet, single-story multi-tenant buildings in excess of 10,000 square feet, drive-through businesses, casinos, card rooms, non-banking check cashing businesses, thrift stores, pawn shops, retail establishments primarily selling groceries, produce, hardware, garden and related items in the City Center Core and a portion of the City Center Frame bounded on the north by South 31 ih Street, bounded on the west by Pacific Highway South, bounded on the east by Interstate 5, and bounded on the south by South 324tll Street (the "Restricted Area"); and WHEREAS, the Federal Way City Council held a public hearing within sixty (60) days of the passage of Ordinance No. 05-493 as required by RCW 35A.63.220; and WHEREAS, after reviewing the City staff report and receiving public testimony at the public hearing, the City Council determined to adopt Findings and Conclusions and approve a Work Plan for the effective period of the interim official zoning controls as required by RCW 35A.63.220; NOW, THEREFORE, THE CITY COUNCIL OF TlIE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORD# ,PAGE I Section 1. Public Hearing. Pursuant to RCW 35A.63.220, a public hem-ing was held on August 2, 2005 for the purposc of allowing public comment and discussion, adopting Findings and Conclusions, adopting a Work Plan, and developing regulations to address thc purposes of this Ordinance and Ordinance No. 05-493, as required by RCW 35A.63.220. At the public hearing, City staff presented a staff report and the public had an opportunity to testify. Section 2. Adoption of Findings and Conclusions. Based on City staif's presentation, the public testimony, and Council deliberation, thc City Council hereby adopts the analysis contained in the City staff report attached to this Ordinance as Exhibit A and hereby incorporated by this reference, as well as, the Findings and Conclusions attached to this Ordinance as Exhibit nand hereby incorporated by this referencc as justification for its actions in adopting this Ordinance and Ordinance No. 05-493, as rcquired by RCW 35A.63.220 Section 3. Adoption of Work Plan. In accordance with 35A.63.220, City staff has developed a Work Plan for adopting amendments to the Federal Way City Code to address zoning in the Restrictcd Area. The City Council hereby adopts the Work Plan attached to this Ordinance as Exhibit C and hereby incorporated by this refcrence. Section 4. Severability. The provisions of this ordinance are declared separatc and scverable. The invalidity of any clause, sentence, pm-agraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ORD# , PAGE 2 Section 7. Effcctive Date. 'fhis ordinance shall be effective five days after its passage, approval and publication as provided by law. PASSED by the City Council of the City of Federal Way this _ day of August 2005. CITY OF FEDERAL WAY '- MA YOR, DEAN McCOLGAN ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, P AI'RlCIA A. RICHARDSON FILED WITlI THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\Ordin\2005\lnterim Zoning Control - adopt Findings ORD# , PAGE 3 EXHIBIT A ST AFF RE1>()RT The interim zoning ordinance applies to all of the City Center Core and a portion of the City Center Frame. The purpose of the Ordinance is to give the City the opportunity to finish the downtown Planned Action SEP A and the Leland Study and implemcnt recommendations before additional private investment is made that is inconsistent with the Comprehensive Plan. This ordinaI~.ce aEplies to the a~ea wcst of Pa~ific Highway, east ?f thc freeway, north of .324t'\, and south of 312 . These areas mclude the entlre property zoned cIty center core and a portlOn of the City Center frame also included in the Platmed Action SEP A. Why is this an Arca of Focus for the City? TheState's G-rowth Management Act and the King County Planning Policies require the City to achieve a certain level of urban density. In addition, our city center was designated one of a dozen Urban Centers within the County. A high concentration of jobs and housing are planned for Urban Centers across the County. The City of Federal Way has housing and job targcts that we are expected to achieve within the next 20 years. Through our Comprehensive Plan we have adopted a strategy that places the highest density of the city's housing and jobs in this core and frame area. The amount of private invcstment in the downtown area has not met our cxpectations, nor the goals of the Comprehensive Plan. What is the City Doine: About It'! The City has invested approximately 45 million dollars of public money in storm water and street infrastructure to benefit this area to prepare for future development. The City has adopted a tax inccntive ordinance to attract housing in thc downtown. The City is in the process of finishing a Planned Action SEP A Draft EIS for this arca. The result of this action will be to project the development capacity for the next several years and identify the mitigation ncccssary to achieve this buildout. Ultimately, this tool will assist dcvelopers with an cxpcditcd pcrmit process if their project is consistent with the vision of the Comprehensive Platl. The Draft EIS is projected to be completed this summer. Recently, the City hired the Leland Group to study the downtown area and givc the city guidance about the market potential for this area. Their final recommendations will also be complcted this summer, but the preliminary findings show that attracting a lifestylc center in the city center is realistic under the right conditions. Why adopt the Interim Zonine: Ordinancc? The City of Federal Way's city center is at a crucial point. The City has a great potential and there is new dcvelopment interest in the area. Both the Planned Action SSP A and the Leland Interim Zoning Control Ordinance - Exhibit ^ Page 1 Staff Report -- Study have idcntified Zoning Code issues that will need to be rectified in order to achicve the City's vision for the downtown. This is a crucial time when thc decisions that are made for the downtown may impact the future development potential for this area. For this reason, an interim zoning ordinance is proposed to give the City some time to complete our study and EIS and identify code changes that need to be made and prevent actions that will hinder thc city's ability to make progress towards our goals. The interim ordinancc temporarily prohibits one story strip mall type development, uses that encourage a sca of parking, and uses that may be detrimental to the future vision of the City. Specifically, new one-story single tenants in excess of 75,000 square feet and new one-story multi-tenant buildings of 10,000 square feet arc not allowed for the duration of this temporary ordinance. In addition the following uses are not allowed if a building or land use permit is required: drivc through businesses, casinos, card rooms, check cashing businesses, thrift stores, pawn shops, retail establishments selling primarily groceries and retail establishments primarily selling hardware and gardcn related items. This ordinance is not intended to impact any person or property owner that already has a complete application in our development process and therefore exempts those applications from this ordinance. If the City continues to permit uscs and new construction that is contrary to thc Comprehensive Plan prior to making permanent changes, then we will create additional non- conforming structures and businesses. The down side to the City is that we may have uses with long term agreements that are inconsistcnt with our vision and may discouragc development that does meet our goals. The down side to the business owner is that once a non-conforming use is created it may be difficult to obtain financing and the Code does not permit expansion of that use. State law provides the interim zoning ordinance as a tool that cities can use to temporarily address concerns. The cities of Redmond, Tacoma, Des Moines and Kirkland have used this method to address concerns in thcir cities. State law specifically provides thrce things: 1) allows cities to enact interim regulations first, 2) requires a public hearing within 60 days of enactment and if adopted, lasts 6 months with the option of extending another 6 months if nccessary. Next Steps City staff has prepared a timeline for amending thc zoning codc with permanent changes bef()re the end of the year. We have hired a planning consultant that has provided us with a list of specific sections of the Code that need attention. In the next two weeks wc will be meeting with stakeholders for feedback. We propose to have the changes go to thc Planning Commission starting in September. K:\ORDlN\2005\lnterim Zoning Controls - adopt Findings-. Ex. A v,,_ Interim Zoning Control Ordinance - Exhibit A Page 2 Staff Report EXHIBIT B STATEMENT OF FINDINGS AND CONCLUSIONS FINDINGS 1. The City of Federal Way has the legal authority to adopt interim regulations pursuant to RCW 35A.63.220. 2. The City of Federal Way is a diverse suburban South King County community with approximately 86,000 residents. A portion of the City involves commercial business, and industrial land uses, with the majority of the City being residential in nature. There is, howcvcr, no defined "downtown" or "city center" to serve as a focal point for city identity, busincss and commerce, and cultural, entertairunent, retail, and public and private service facilitics. The Council finds that such a city center would be greatly in thc public's intcres1. 3. The Puget Sound Regional Council has forecast significant employment and population growth for the rcgion in which the City is located, ovcr the coming scveral decades, based on trends of expanding business in the Puget Sound area. In accordance with the Growth Management Act, the City must take actions that will cause future growth to differ from past trends. 4. In addition to its 86,000 residents, visitors to the City include people from neighboring communities. Many people drive through Federal Way on their way to more distant places, others come specifically for the businesses, activities and amenities of the City. Pacific Highway South (SR-99) and SR 18 are major traffic routes passing through Federal Way. A major freeway, 1-5, abuts the easterly boundary of the City. Many auto-oriented businesses are located along SR-99 and draw customers from people who use these routes. People from neighboring communitics visit the City for such amenities as the Federal Way Commons, Steel Lake Park, and Celebration Park, and more will be expected after the completion of the City's new Community Center. 5. The Countywide Planning Policies and Vision 2020 emphasize the designation of "Urban Centers" in major employment centers throughout the Pugct Sound Region. There is a concentration of employment and commercial activities within Federal Way, which makcs the City a significant and desirable place within which to focus future employment growth, transit linkages, recreational, and residential opportunities. The City of Federal Way Comprehensive Plan has designated a section of the City as an "Urban Center," as ratified by King County's Growth Management Plmming Council. 6. One of the major objcctivcs of designating an Urban Centcr is to create a deveIopmcnt area that has employment and residential densities large enough to be served by a high capacity transit system and diverse enough to result in an inviting and vibrant urban environment. In order to accomplish these objectives, it is important that the City's future commcrcial and housing development be concentrated within the urban center. .... ~'....~ Interim Zoning Control Ordinance - Exhibit R Page I Statement of Findings and Conclusions 7. Most cities in Washington have a recognizable downtown or city center, which typically serves as a focal point within each city, and provides a sense of community identity and civic pride. They may include retail and commercial establishments, parking facilities, transit facilities, condominiums and multi-family housing, government buildings, parks, open spaces, and provisions for vehicular and pedestrian circulation. A City Center may be smaller in size than an "urban center". A City Center area, however, often is the focal point of the larger Urban Center. 8. In order for the City Center area of the City's Urban Center to evolve into a true town center or central business district, as contcmplated by the City's comprehensive plan, it will be necessary to produce a number of fundamental changes in its form and appearance. Developers, whether private or public, choose to invest in an area when they are confident that the level of quality and economic return of their projects will be matched and reinforced by other projects. lt is, therefore, appropriate to encourage a uniformly high level of quality and compatibility, which, in turn, will act as a catalyst for further development and improvement by the private sector. 9. The Federal Way City Council envisions a City Center Core and City Center Frame, as set forth in Chapter 2 of the Comprehensive Plan, including multi-story structures with mixcd use of retail, office and residential uscs as outlined in Goal LUG6 and Policies LUP38 and LUP39. 10. A Federal Way City Center Core and City Center Frame would be promoted by adoption of zoning code amendments that encourage mixed land uses densities and concentration, pedestrian amenities and connections, relationships to transit systems, urban design qualities, relationship to surroundings, perimeter and internal circulation and parking, and relocation of low intensity, auto oriented uses. II. The Federal Way City Council has taken steps to pursue the development of the City Center by commissioning a downtown market study but The Leland Group (the "Leland Study") and a downtown Environmental Impact Study in association with a SEPA Planned Action (the "Planned Action EIS"). 12. Thc initial results of the Leland Study were presented on May 17,2005, indicating that there is a market for mixed usc of retail, oiTice and residential in the City of F edcral Way. 13. The Leland Group presented its initial recommended redevelopment strategies to the City Council on July 19,2005. 14. It is anticipatcd that the Planned Action EIS draft will be issucd by the end of 2005. Thc Final Envirorunental Impact Study and Planned Action Ordinance will set forth capacity and mitigation requirements for redevelopment in the Restricted Area. 15. The Federal Way City Council finds that many private restrictions on real property within the Restricted Area are counter to the Comprehensive Plan. Interim Zoning Control Ordinance -- Exhibit B Page 2 Statement of Findings and Conclusions 16. The Federal Way City Council further finds that allowing land uses and dcvelopmcnts that fail to fuUill the City Center vision of thc Comprehensivc Plan would cause substantial detriment to the accomplishmcnt of that adopted vision. 17. ]'he Federal Way City Council has determined that it is in the best interest of the City to prevent major investment and/or vesting of rights associated with land uses and devclopmcnts that conflict with the Comprehensivc Plan in ordcr to allow the City to carefully and thoroughly plan for, and provide appropriate development regulations. 18. The Federal Way City Council has determined that there is a need for interim restrictions on single-story single tenant huildings in excess of 75,000 square feet, single-story multi- tenant buildings in excess of 10,000 square feet, drive-through businesses, casinos, card rooms, non..,banking check cashing businesses, thrift stores, pawn shops, retail establishments primarily selling groceries, produce, hardware, garden and related items. 19. The Federal Way City Council finds that the interim zoning is needed due to the pending Leland Study, the pending Planned Action EIS, and the continued land use and development activity that is counter to the City Council's vision for the City Center. 20. The City Council hcld a Public Hearing August 2, 2005, took testimony, admitted evidence into the record, and considered the matter fully. 21. All appropriate procedures were followed in accordance with the requirements of the FWCC and applicable law. 22. All appropriate notices were delivered in accordance with thc requirements of the FWCC and applicable law. 23. The Stafl Report sets forth general findings, applicable policics and provisions in thc matter and is hereby incorporated in its entirety, without limitation, by this reference. 24. Any Conclusion that should bc a Finding is hereby adopted as a Finding. CONCLUSIONS 25. The Federal Way City Council has determined that City staff should review and evaluatc (1) thc Leland Study with recommendcd strategies, (2) the Planned Action SEP A, (3) private restrictions on real property, (4) ways to achieve grcater density in downtown; (5) ways to cncourage housing, office and multi-story development, (6) ways to improve sales and property tax revenue; (7) ways to maximize pedcstrian opportunities, and (8) protection of the public health, safcty and welfare. 26. The purposes of the interim zoning arc to: (a) comply with the Growth Management Act (GMA), King County Countywide Planning Policics, and the City of Federal Way Comprehensive Plan (the "Comprehensive Plan"); (b) evaluatc the Leland Study results and recommended redevelopment strategies; (c) complete the Planned Action SEP A; (d) '.~-',_..'.~'- -. Interim Zoning Control Ordinance - Exhibit R Page 3 Statement of Findings and Conclusions plan for and implement appropriate development rcgulations for the l{estricted Are;l in response to the Leland Study, recommended strategies, and Planncd Action SEP A; (e) prevent major investment and/or vesting of rights counter to the Comprehensive Plan and the City's intent to carefully and thoroughly plan for, and provide appropriate development regulations; (f) review and evaluate the impacts of private restrictions on real property that are counter to the Comprehensive Plan; (g) study ways to achicve greater density in downtown; (h) encourage housing, office and multi-story development in the downtown; (i) maximizc pedestrian opportunities in the downtown; and (j) protect the public health, safety and welfare. 27. The provisions of the interim zoning shall apply to the Restricted Area. 28. The interim zoning prohibits new land use or building permit applications for single-story single tenant buildings in excess of 75,000 square feet, single-story multi-tenant buildings in excess of 10,000 square feet, drive-through businesses, casinos, card rooms, non- banking check cashing businesses, thrift stores, pawn shops, retail establishments primarily selling groceries, produce, and related items, or retail establishments primarily selling hardware, gardcn and related items within the Restricted Area. The Department of Community Development Services shall not process any application that does not meet the rcquircments of the interim zoning. The City Manager or designee shall have authority to make written detcrminations as to the applicability of this section. 29. The interim zoning specifically exempts Vested Applications, as defined in Ordinance No. 05-493, permits or approvals that are required for upkeep, repair, or maintenance of existing buildings and properties, or work mandatcd by the City to maintain public health and safety. The City Manager or designee shall have authority to make written determinations as to the applicability of this section. 30. All Vested Applications, as defined in Ordinance No. 05-493, shall continue to be processed according to the Federal Way City Code and land use regulations in effect on the date of vesting. An application will be legally vested for purposes of this Ordinance and Ordinance No. 05-493 when it is deemed complete by the Director of Community Development. The City Manager or designee shall have authority to make written determinations as to the applicability of this section. 31. The City Council has adopted a Work Plan for the Restricted Area consistent with thc Comprehensive Plan, the Leland Study, the Planned Action SEP A draft, and the purpose and intent of the interim zoning ordinance, which was presented to the City Council at thc Public Hearing on August 2,2005. 32. The City Council has directed the City Manager to develop regulations for the Restricted Area consistent with thc Work Plan, the Comprehensive Plan, the Leland Study, the Planned Action SEP A, and the purpose and intent of this ordinancc, which shall be presented to the City Council and/or the Planning Commission at the earliest possible date after the Public Iiearing. The City Manager was encouraged to seek informal input from '---"-' ".. -- ~,.~ ~~_.- Interim Zoning Control Ordinance - Exhibit B Page 4 Statement of Findings and Conclusions residents, businesses, city staff and other interested members of the public in developing these regulations. 33. Any Finding that should be a Conclusion is hereby adopted as a Conclusion. K :\ORDIN\2005\1nlerilll Zuning Controls - adopt Findings - Ex. B Intcrim Zoning Control Ordinance - Exhibit B Page 5 Statemcnt of Findings and Conclusions EXHIBIT C WORK PLAN Tentative Work Plan for Downtown Zoning Ordinance 1. June --July 8-Prepare scope of work and contract (if needed) with Faith Lumsdcn. (Doherty) 2. July 8-18- Consultant to prepare draft code obstacle report. Report delivered on July 18th. (consultant) 3. July 18- LUTC amend Planning Commission work program and update on the plan. (McClung) 4. July l8-July 22-StafI revicw and feedback to the consultant July 22. (Doherty, Fewins, McClung, Barker) 5. August 1- Preliminary feedback to LUTC (Doherty & McClung) 6. August 2- Hearing on Interim Zoning Ordinance (McClung & Doherty) 7. August 8- Final report back from consultant. 8. August 8-August 161h_ Meet with Chamber or other interested stakeholders. (Doherty) 9. August 16-September 8- Draft Ordinance ( Michaelson) (15 working days) 10. September 9- 15 - Staff rcview draft ordinance (Law, Moseley, Doherty, Fewins, McClung, Barker) 11. September 9-15 - Start Planning Commission Staff Rcport (Michaleson) 12. September 1-9- Prepare SEP A checklist -Barker 13. Issue SEPA 9/14- Conlen 14. September 15-17 Prepare final ordinance.(Michaelson} 15. September 18-27- Prcpare final staffreport to Planning Commission.(Michaelson) 16. September 19- Prepare Notice to Paper on PC Hearing (McClung & Piety) 17. Post and mail Public Notice for PC Hearing (Piety & Intern) 18. September 21- Planning Commission Workshop~ (Michaclson, Doherty, McClung) ." _.0__",_.- Interim Zoning Control Ordinance - Exhibit C Page I Work Plan " 19. Septcmber 28- PC Staff Report Mailed (Piety) 20. October 5 & October 19- Planning Commission Hearings (19th only if nceded) (Michaelson, Doherty, McClungO 21. October 20-28- Prepare PC Findings & LUTC memo (Michaelson) 22. Novcmber 7 & 21- LUTC (Council as Whole) (November 28 special meeting if nceded) 23. November 29- Prepare Council Agenda Sheet - (Michaelson) 24. December 6- first reading at CounciL Extend moratorium if needed. 25. December 19- second reading K:\OROIN\2005I1ntcrim Zoning Controls -- adopt Findings - Ex_ C .- Interim Zoning Control Ordinance - Exhibit C Page 2 Work Plan MEETING DATE: September 6th, 2005 ITEM# YCd) , CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Resolution relating to the Adoption ofthe National Incident Management System ....................................-....... .........""".. "..",,'" .......................-.--......... ......................................................................, . ...............................................................................................-........- ...............................-.......... . ........ """",,,,,,,,,"',,,,,,,"',,,,,,,,,,,.. """""",,,,,,,,,,,,,,,,,,,,,,,,,,,..,,,... CATEGORY: BUDGET IMP ACT: D CONSENT D ORDINANCE Amount Budgeted: $ D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $ . ... .................._._..........._.......~_..............,""'''''''''''1''_'_ m.... ........_..____....._....... . ...",..",,,,,,,,,.... .... .............._.._......._......_..... .......... """"......."" ..........................................................................m...................__..._......_........._._m.......... ............._.,..~....... ,,,.,,. "",,,........ """......."....... """""..... """""'"...".."",,, A TT ACHMENTS: Memorandum to the Parks, Recreation, Human Services & Public Safety Council Committee dated August 8th, 2005. . ..'''''''''''''''.."."...._........_ m.m...__....... ........"""".."...,,"'... ..................._.__....m . "."".."'""""'"....,.,,., ..._._m.._ mmm.._........ ,... ""........ ""'.."'",...."".,...,."""""".""..,...".",.""."'""..,,......., .. . mm....m....m."....._..........__.._ .mmm.m...._._mm_..mm..._ mm......_mm. SUMMARYlBACKGROUND: The City of Federal Way currently uses the Incident Command System specified in the Department of Homeland Security's National Incident Management System. (NIMS) The National Incident Management System (NIMS) is used to coordinate efforts among all federal, state, local and tribal agencies for the highest levels of incident command in the event of an emergency. The City of Federal Way recognizes the need for a single, standardized incident management system to be used by all government agencies. In adopting NIMS, the City will be complying with a federal mandate to do so. Complying is necessary to remain eligible for federal assistance in Presidentially declared disasters, and maintain eligibility to apply for homeland security grant opportunities. Adopting NIMS will continue the city's consistency with its partner agencies involved with the Greater Federal Way Emergency Operations Center (GFW EOC) and other local, regional, state, and federal agencies. Attached is a resolution to adopt the National Incident Management System .......'mm_...mm..._ mmmmm.....~m. ...."..""""",,,,,.,,,, .............._..m...._._.mm.m.... . .. .....,,,,...,,,,,,,,.,_,,.,. ...mmm....m...........,.,.............""..,."" . .. ......... ....mm... .. mmm.m....m..mmmmm..._ ........ mm.__._,._..._mm_ mmmmm_m._ m..mmm........_m..__ ..mm.......mm_m.... ....mm.....'.... .. CITY COUNCIL COMMITTEE RECOMMENDATION: At its August 8th, 2005 meeting, the Parks, Recreation, Human Services & Public Safety Council Committee forwarded the following staff recommendations: 1. Motion to approve the resolution to adopt the National Incident Management System and forward to full council for consideration at its September 6, 2005 meeting. In adopting NIMS, the City will be complying with a federal mandate to do so. Complying is necessary to remain eligible for federal assistance in Presidentially declared disasters, and maintain eligibility to apply for homeland security grant opportunities. Adopting NIMS will continue the city's consistency with its partner agencies involved with the Greater Federal Way Emergency Operations Center (GFW EOC) and other local, regional, state, and federal agencies. ..."""'"",.""""'.".,,.,,., m......._._........... mmm.._._.._._....... . ... mm......._ mmmmmmm._.m... . ... ...".""'"...."......".."..."'".",,... ""'""""""',.""..,,,,.... ".."'"".,..." .....................,."......_.._ ........mm...'....____ PROPOSED MOTION: "I move to a rove the resolution to adopt the National Incident Management System and forward to full council for consideraf n at i s Septemb r 6 20 5 session." ......mmm..............._ m...mm......'..,....,..,,,"'.. ...m. mmmm.mmmm....m..m_ ...........~....... ......"". ...mmmmmm..._._._ mmm.._m.....'..._m.__m._ mmmmmm...._.........m_ mmmm......mmm....mmm..._ mmm.........m.mmm..._..._m.... . CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED COUNCIL BILL # 0 DENIED 1 ST reading D T ABLEDIDEFERREDINO ACTION Enactment reading D MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/1012001 5.0 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: August 8, 2005 TO: Parks, Recreation, Human Services & Public Safety Council Committee VIA: David M~anager FROM: Cary Roe, Pu lic Warks Director ~ SUBJECT: Resolution relating to the Adoption of the National Incident Management System Policy Question Should the City of Federal Way adopt a resolution relating to the adoption of the National Incident Management System? Background The City of Federal Way currently uses the Incident Command System specified in the Department of Homeland Security's National Incident Management System. (NIMS) The National Incident Management System (NIMS) is used to coordinate efforts among all federal, state, local and tribal agencies for the highest levels of incident command in the event of an emergency. The City of Federal Way recognizes the need for a single, standardized incident management system to be used by all government agencies. In adopting NlMS, the City will be complying with a federal mandate to do so. Complying is necessary to remain eligible for federal assistance in Presidentially declared disasters, and maintain eligibility to apply for homeland security grant opportunities. Adopting NIMS will continue the city's consistency with its partner agencies involved with the Greater Federal Way Emergency Operations Center (GFW EOC) and other local, regional, state, and federal agencies. Attached is a resolution to adopt the National Incident Management System. Options 1. Motion to approve the resolution to adopt the National Incident Management System and forward to full council for considcration at its September 6,2005 meeting. In adopting NIMS, the City will be complying with a federal mandate to do so. Complying is necessary to remain eligible for federal assistancc in Presidentially declared disasters, and maintain eligibility to apply for homeland security grant opportunities. Adopting NIMS will continue the city's consistency with its partner agencies involved with the Greater Federal Way Emcrgency Operations Center (GFW EOC) and other local, regional, state, and federal agencies. K: \COUNCIL\PS-Parks Cmte\2005AdoptionnfthcNationallncidentManagementS ysICTTl"Aug8,2005.doc PO 1 r;)~\ 2. Do not approve the Resolution to Adopt the National Incident Management System. In not adopting NII\1S, the City will not be complying with a federal mandate to do so and will not remain eligible for federal assistance in Presidentially declared disasters, or remain eligible to apply for homeland security grant opportunities. Not adopting NII\1S will cause the city to no longer be consistent with its partner agencies involved with the Greater Federal Way Emergency Operations Center (GFW EOC) and other local, regional, state, and federal agencies. Staff recommendation Staff recommends option 1; approve the resolution to adopt the National Incident Management System and forward to full council for consideration at its September 6,2005 session. Committee recommendation Forward option (1) to the full City Council for approval on September 6, 2005 K:\COUNCIL\PS~Parks Cmte\2005AdoptionoftheNationallncidenIManagementS ystem-Aug8,2005 .doc PG2 b-.-2- RESOLUTION NO. A RESOLUTION OI?THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELA TlNG TO THE ADOPTION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM. WHEREAS, the City of Federal Way currently uses the Incident Command System, as referenced in the Department of Homeland Security's National Incident Management System; and WHEREAS, as a component ofthe National Incident Management System, the Department of Homeland Security requires that federal, state, tribal, and local agencies adopt the system in order for these agencies and their personnel to coordinate efforts to effectively and efficiently provide the highest levels of incident command in the event of a homeland security emergency, whether related to acts of terrorism or natural, manmade, or technological disasters; WHEREAS, the City ofF ederal Way recognizes the need for a single, standardized incident management system to be used by all government agencies and disciplines in the event of an emergency and desires to adopt the National Incident Management System; NOW THEREFORE, the City Council of the City of Federal Way, herby resolves as follows: Section 1. National Incident Management System - Adopted. The City of Federal Way adopts the National Incident Management System, a copy of which shall remain on file with the City Clerk's Office, which shall be used by Emergency Response Provider personnel for all homeland security incidents and drills whether related to acts of terrorism or natural, man-made, or Res. # , Page 1 b~~3 technological disasters. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 4. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of ,2005. CITY OF FEDERAL WAY MAYOR, DEAN McCOLGAN ATTEST: -- CITY CLERK, N. CHRISTINE GREEN, CMC Res. # , Page 2 <b _LJ APPROVED AS TO FORM; CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Revised: 1/9/04 Res. # , Page 3 b--_'5 .- - MEETING DATE: September 6, 2005 ITEM# -tree) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Target Corporation Grant / Donation Award CATEGORY: BUDGET IMP ACT: X CONSENT o ORDINANCE Amount Budgeted: $ 0 RESOLUTION o PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS o OTHER Contingency Req'd: $ .. .... ",,,...........,,......,,,,,,,,,,,,,,,,,,,,,, "."""",,"'.......... ATTACHMENTS: PRHS&PS Memo SUMMARY/BACKGROUND: The Federal Way Police Department applied for a $1,000.00 dollar donationfrom the Target Corporation to be used toward the purchase of a laptop computer for the Police Explorer "Kid Identification Program." Detective Thaddeus Hodge submitted the original application for this donation and was informed on June 28, 2005 that our agency will be awarded the $1,000 in the near future. ........."" . ",... ",...","''''''''''.. ...............................mm.............mm....................................................... ....,.",..""""""""""""""",,,,,,,,,,,,,,,",,,,,,,,,......,...... . ................................_m.... CITY COUNCIL COMMITTEE RECOMMENDATION: .",,,,,,,,,,,,,...,,,,"',,,,,,,,,,,,,,,,,,,,,,"'....,,"'.... PROPOSED MOTION: I move a o accept the $1,000 dollar donation from the Target Corporation for the Police Department Explorer Progra CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 TABLED/DEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances Oll/Y) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 s._c) CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: August 8, 2005 TO: Parks, Recreation, Human Services & Public Safety Council Committee VIA: anager VIA: Anne E. Kirkp rick, ChiefofPolice {)C; Ie FROM: Andy Hwang, Commander SUBJECT: Target Corporation Grant/Donation A ward Background The Target Corporation's Assets protection Division has donated more than $1 million dollars to law enforcement agencies throughout the country. The Federal Way Police Department applied for a $1,000.00 dollar donation from the Target Corporation to be used toward the purchase of a laptop computer for the Police Explorer "Kid Identification Program." The program is designed to provide the parents with a current photograph and finger prints of their child in the event a child becomes missing. The proper identity of a child will greatly increase the odds of law enforcement officials reuniting missing children with their parents. Detective Thaddeus Hodge submitted the original application for this donation and was informed on June 28, 2005 that our agency will be awarded the $1,000 in the near future. Options 1. Authorize the Police Department Explorer Program to receive the $1,000 donation The department has received similar donation from the Target Corporation. There are no negative ramifications for accepting the donation. The money will be used to improve the safety of our children in our community. 2. The only other option is to not accept the donation If the donation is not accepted by the city, the money will be awarded to another police department. Staff recommendation Motion to approve and accept the Target Corporation Grant/Donation A ward of $1 ,000 for the Explore Progran1 1 v-\ Committee recommendation Forward the committee recommendation, Option 1, to City Full Council for approval on August 16,2005. Committee Member 2 ~ -- 2-- MEETING DATE: September 6, 2005 ITEM# Ll+) , .. ............................................................,..",,,,,,,...,,........ ..m............................................................................ """"",,,.,,,,,,,,..,,,,,,,,,,,,",, ... ..,..................."'"", CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: MOU Among the Participating Law Enforcement Agencies forming a Regional Automated Information Network (RAIN) ",,,,,,,..... """",,,.. """"""""""",,"'.. ....................... ...................-....... .......................... """""""""""..""......"'".."""".... CATEGORY: BUDGET IMP ACT: X CONSENT D ORDINANCE Amount Budgeted: $ 0 RESOLUTION D PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $ A TT ACHMENTS: PRHS&PS Memo and the RAIN MOD .....""",,,,,"'...,,,, "....................... """""""'"..,,,,'" SUMMARY/BACKGROUND: RAIN will connect automated records management systems to help law enforcement prevent and/or solve crimes, inform officers of safety issues, and make information available to a multitude of agencies. Each participating agency will have access to all information for official law enforcement, counter terrorism, public safety, and/or national security purposes CITY COUNCIL COMMITTEE RECOMMENDATION: .. .mm.m...................~ ................................................................... PROPOSED MOTION: I move ap of the MOD Among the Participating Law Enforcement Agencies forming a Regional Automated Information N work IN) CITY MANAGER APPRO V AL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading D T ABLEDIDEFERRED/NO ACTION Enactment reading D MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 ~.. (, CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: August 8, 2005 TO: Parks, Recreation, Human Services & Public Safety Council Committee VIA: David M~Manager FROM: {)[1C Anne E. Kirkpatrick, Chief of Police SUBJECT: MOU Among the Participating Law Enforcement Agencies forming a Regional Automated Information Network (RAIN) Policy Question May the City of Federal Way accept a Memorandum of Understanding among the participating Law Enforcement Agencies forming a Regional Automated Information Network (RAIN) Background The Feel-eral Way Department of Public Safety is requesting authorization to participate in the Regional Automated Infonnation Network, which will connect automated records management systems to: protect the public by assisting law enforcement in solving and preventing crimes and acts of terrorism; protect law enforcement officers by giving them information important to their safety while out on our streets and highways; connect to other parts of the Criminal Justice System for increased effectiveness and efficiency; and connect to other regional, state, and national information systems. Each agency will bear its own costs in maintaining and modifying its own information technology systems to be compatible with RAIN Options 1. Motion to accept the MOU Among the participating Law Enforcement Agencies forming a Regional Automated Infonnation Network (RAIN) This MOU will connect the Federal Way Department of Public Safety with a regional networking system that will assist in solving and preventing crimes and terrorism, collecting safety information, and increase our efficiency and effectiveness. 2. Reject the MOU Among the participating Law Enforcement Agencies fonning a Regional Automated Information Network (RAIN) The Federal Way Department of Public Safety would not have the benefit of tactics and information that could be gathered through RAIN to solve and prevent crimes. 1 C, -- \ Staff recommendation Motion to accept the Memorandum of Understanding among the participating Law Enforcement Agencies forming a Regional Automated Information Network (RAIN) Committee recommendation Forward option (1) to the full City Council for approval on September 6, 2005 ,"~ APPROVAL OF COMMITTE~<REPOR :./? .. ~~ Committee Member Com . tee Member L./ 2 Li- 2- SHERIFF KING COUNTY KING COUNTY SHERIFF'S OFFICE S 16 Third Avenue, W-116 Seattle, WA 98104-2312 Tel: 206-296-4155 . Fax: 206.296.0168 Susan L. Rahr Sheriff July 25,2005 Dear RAI N Partner: I am pleased to offer for your approval and signature, the attached RAIN Memorandum of Understanding, as approved by the RAIN Governance Board and legal counsel from a half-dozen participating agencies. This is the same document sent to you electronically by Heidi Beckley on July 20 for review. Please sign the enclosed document on page five, where indicated, and mail to my attention at the letterhead address above. We will mail you a copy of the final, signed document. All of the agencies in King County have done an impressive job of working together to make this regional information sharing a reality. Thank you for your support and commitment to information sharing. Sincerely, ~\{/~ Denise Turner, Chief Technical Service Division hb Enclosure cc: Sue Rahr, Sheriff Charlotte Dazell, Technology Manager Kelly Furner, Project Manager L"-) -.3 @.~'~()2M . :ElUurlJ'lI r...~ s.let)' MEMORANDUM OF UNDERSTANDING ~h" ,Jf ,,~, f''''- ,., , AMONG THE PARTICIPATING J~~~l,fI. LAW ENFORCEMENT AGENCIES FORMING A REGIONAL AUTOMATED INFORMATION NETWORK (RAIN) Ib-m..rirll Jllrormtl1oh A. PARTICIPATING AGENCIES The participating agencies to this agreement are the: Auburn Police Department Algona Police Department Bellevue Police Department Black Diamond Police Department Bothell Police Department Clyde Hill Police Department Des Moines Police Department Duvall Police Department Enumclaw Police Department Federal Way Police Department Issaquah Police Department Kent Police Department King County Sheriff's Office and its Contract Cities Kirkland Police Department Lake Forest Park Police Department Medina Police Department Mercer Island Department of Public Safety Normandy Park Police Department Pacific Police Department Port of Seattle Police Department Redmond Police Department Renton Police Department Seattle Police Department Snoqualmie Police Department Tukwila Police Department University of Washington Police Department B. PURPOSE The participating agencies desire to enter into an Memorandum of Understanding (MOU) to establish and maintain a regional automated information network (RAIN) that connects automated records management systems to: 1. Protect the public by assisting law enforcement in solving and preventing crimes and acts ofterrorism. 2. Protect law enforcement officers by giving them information important to their safety while out on our streets and highways. 3. Connect to other parts of the Criminal Justice System for increased effectiveness and efficiency. 4. Connect to other regional, state, and national information systems. RAIN MOD - 1 c~-y o ORIGINAL --,-"",. C. DURATION This agreement shall commence on the date it is executed by the second participating agency to execute the agreement and shall continue 1ll1til terminated as provided herein. D. AGENCY RESPONSIBILITIES 1. Each participating agency shall bear its own costs in maintaining and, if necessary, modifying its own information technology systems so that they are compatible and can communicate with RAIN. 2. Each participating agency shall adopt an interlocal agreement holding other RAIN participants hannless for that agency's negligent acts or negligent omissions related to the system The interlocal shall be adopted within six months of joining the RAIN system. The hold hannless provisions are set forth in Appendix A. In the event that a participating agency is not able to get approval for the interlocal agreement, that agency will no longer be a participating agency in the RAIN system. 3. King C01ll1ty Sheriff s Office Disclaimer: The King C01ll1ty Sheriff s Office agrees to be the host for the RAIN UDDI server and in that role will operate and maintain the server. The King County Sheriffs Office does not make any guarantees, warranties, or promises the server will be operational at all times or will not suffer from any failures or malfunctions. Other participating agencies recognize the RAIN UDDI server is intended to provide information to agencies to assist and supplement their investigations but is not intended to be the sole or primary source of information to investigate a suspect or crime. Access to the RAIN UDDI server i~ not intended to take the place of other means of accessing information to investigate suspects or crimes. The King County Sheriffs Office also does not control or guarantee the accuracy, relevance, timeliness, or completeness of the information or documents other participating agencies create and maintain, as noted in section E.l of this Memorandum of Understanding. The King County Sheriff s Office also does not bear any responsibility for ensuring or auditing other participating agencies abide by the ACCESS and SECURITY provisions ofthis Memorandum of Understanding. E. OWNERSHIP, ENTRY, AND MAINTENANCE OF INFORMATION 1. Each participating agency retains sole ownership, exclusive control, and responsibility for the information it chooses to share with RAIN, except as provided in paragraph J. All system entries will be clearly marked to identify the contributing party. 2. The contributing party has the sole responsibility and accountability for ensunng compliance with all applicable laws, regulations, policies, and procedures applicable to the party's entry and sharing of information with RAIN, except as provided in paragraph J. RAIN MOV - 2 L, ~:~] 3. Each agency has agreed to share only police records, crime data, and investigative reports with RAIN. This system is not for intelligence information, e.g. reports from confidential informants. F. ACCESS TO AND USE OF INFORMATION 1. Each participating agency connected and contributing to RAIN agrees to permit the access, and use of such information by every other partner under the provisions of this Memorandum of Understanding. 2. Agencies that are not connected to RAIN and are not parties to the MOU are not authorized to access RAIN. Only law enforcement agencies may become a RAIN participating agency. 3. All parties will have access via a secure Internet connection to the information in RAIN. Each agency is responsible for providing its own internet connectivity. 4. A party may only access RAIN when it has a legitimate, official need to know the information for an authorized law enforcement, counter terrorism, public safety, and/or national security purpose, after receiving training on system use. 5. An accessing party may use RAIN information for official matters only. 6. RAIN information may not be disseminated without first obtaining permission of each party that contributed the information, in accordance with and to the extent permitted by applicable law. 7. RAIN includes an audit capability that will log all user actions, including queries executed, and responses. 8. Nothing in this memorandum of understanding is intended to restrict the ordinary sharing of information between law enforcement agencies whether or not those agencies are members of RAIN. G. SECURITY 1. Each participating agency will be responsible for designating those employees who have access to RAIN. This system has been developed with the capability to record each use of the system, including the identity of the individual accessing the system, and the time of the access to the system, and the information queried. 2. Each party is responsible for training those employees authorized to access RAIN regarding the use and dissemination of information obtained from the system. Specifically, employees should be given a clear understanding of the need to verify the reliability of the information with the contributing party before using the information for purposes such as obtaining warrants. RAIN MOD - 3 C'7I - tr., . H. GOVERNANCE An Executive Board, composed of the Sheriff/Police Chief! Agency Executive, or his/her designee, from each participating agency, shall govern the affairs of RAIN. Each member of the Executive Board shall have an equal vote and voice on all board decisions. Unless otherwise provided, Roberts Revised Rules of Order shall govern all procedural matters relating to the business of the Executive Board. A presiding officer shall be elected by its members, together with such other officers as a majority of the Board may determine. The presiding officer, or any board member, may call sessions as necessary. For a meeting to occur, a simple majority of the Executive Board (quorum) must be present. A simple majority of those present shall be required for passage when the Board votes on any matter. A tie vote does not pass the matter. In emergency situations, the presiding officer may conduct a telephone poll of Board members to resolve any issues. I. COMMITTEES 1. The Executive Board shall designate committees such as Users, Technical, and Legal Committees, as needed or appropriate. 2. The presiding officers of the committees shall transmit recommendations to the presiding officer of the executive board and meet with him/her as needed or appropriate. J. DISCLOSURE REQUESTS A participating agency that receives a request for documents that the receiving agency interprets to include RAIN documents, (e.g., public disclosure, subpoena duces. tecum, civil or criminal discovery motion) shall be responsible for responding to the request. If the receiving agency determines the law requires release of all or part of a RAIN document contributed by another participating agency, the receiving agency shall promptly forward a copy of the request to the contributing agency, notify that agency which documents or parts of documents the receiving agency intends to release, and provide the contributing agency a reasonable period of time to obtain a court order preventing the release of the RAIN documents or parts of documents. The receiving agency shall determine what time period is reasonable given the applicable law and any deadlines established by law or the court to respond to the request. For purposes of this paragraph J, a RAIN document includes any writing that can be printed or electronically stored from the RAIN network containing information relating to the conduct of government of the receiving agency or the performance of any governmental or proprietary function prepared, owned, used, or retained by the receiving agency. A RAIN document relating to a governmental function is 'used' by the agency if it is applied to a given purpose or instrumental to an end or process. The receiving agency shall not be considered to have used, owned retained or prepared a RAIN document merely because the RAIN document is accessible to the receiving agency through the Regional Automated Information Network. K. TERMINATION RAIN MOV - 4 C,-l The minimum term of this Agreement shall be one (1) year. This Agreeinent shall automatically be extended for consecutive one (1) year tenus, wIess terminated pursuant to the terms of this Agreement, or when the maintenance for the system funded by the grant for RAIN expires. A jurisdiction may withdraw its participation in RAIN by providing written notice of its withdrawal, and serving such notice upon each Executive Board member. A notice of withdrawal shall become effective thirty (30) days after service of the notice. RAIN may be terminated by a majority vote of the Executive Board. Any vote for termination shall occur only after notice has been given to the police chief or sheriff of each participating jurisdiction. For the Police Department/Sheriffs Office: Signature: Date: Name: Title: RAIN MOD - 5 (y'b t6I ORIGINAlL -...--- APPENDIX A Language for Interlocal Agreement on Hold Harmless Insurance. Liability: Each Cooperating Agency shall be responsible for the wrongful or negligent actions of its employees arising out of performance of this agreement as their respective liability shall apply under the laws of the State of Washington and/or Federal law and this Agreement is not intended to diminish or expand such liability. To that end each Cooperating Agency promises to hold harmless and release all other participating Agencies from any loss, claim or liability arising from or out of the negligent, tortious action(s) or inaction(s) of its employees, officers and officials. Such liability shall be apportioned among the parties or other at fault persons or entities in accordance with the laws of the State of Washington. Nothing herein shall be interpreted to: a. Waive any defense arising out ofRCW Title 51. b. Limit the ability of a participant to exercise any right, defense, or remedy which a party may have with respect to third parties or other Officer(s) whose action(s) or inaction give rises to loss, claim or liability including but not limited to an assertion that the Officer(s) was acting beyond the scope of his or her employment. c. Cover or require indemnification or payment of any judgment against any individuals or Agency for intentionally wrongful conduct outside the scope of employment of any individual or Agency. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her municipal employer, should that employer elect to make said payment voluntarily. This Agreement does not require indemnification of any punitive damage awards or for any order imposing fines or sanctions. RAIN MOD - 6 C'7\ ~ '\ APPENDIX B RAIN Security System Security Roles and Responsibilities Policy: The Chief of Police for each participating agency in RAIN is responsible for establishing appropriate RAIN security control. Security control is defined as the ability to set, maintain, and enforce: 1. Standards for the selection, supervision, and termination of system access; and 2. Policy governing the operation of computers, access devices, circuits, hubs, router, firewalls, and other components that make up and support a telecommunications network and related RAIN system used to process, store, or transmit law enforcement and investigative information, guaranteeing the priority, integrity, and availability of service needed by the criminal justice community. Policy: The RAIN Governance Board is responsible for developing and maintaining the RAIN security policy. The RAIN Governance Board is not responsible for overseeing the security of participating agency systems, other then to act as a resource for each agency and to make decisions relating to apparent violations of the RAIN Security Policy, when they become known. Personnel Backe:round Screenin2 Background: Each participating agency in RAIN is member of an information sharing network that requires a security clearance for all who access to the system. State and Federal Laws prohibit or restrict public access to and dissemination of Database Records. Access to these Database Records is therefore controlled by security authorizations. RAIN wishes to protect the security and proper use of the Database Records by performing Security Investigations on non Department employees or contractors who have or seek to have access to Database Records. RCW 10.97.050(3) provides that criminal justice agencies can access criminal history record information that includes non conviction data for any purpose associated with the administration of criminal justice. RCW 43.89.010 establishes the Central Computerized Enforcement Services System (ACCESS) and limits its use exclusively to the official business of the state, and the official business of any city, county, city and county, or other public agency. The Washington State Supreme Court has recognized that a law enforcement agency has a legitimate interest in ensuring a high level of trustworthiness and personal integrity in those individuals who would have access to Database Records due to the sensitive information accessible from those records and the unique potential RAIN MOD ~ 7 C~-l C~ ~---- dangers inherent to compromised information during ongoing criminal investigations and other law enforcement activities. Policy: State and national fingerprint-based record checks must be conducted within 30 days upon initial employment or assignment for all law enforcement non agency personnel, including appropriate IT or contractor personnel, having access to RAIN systems. The minimum check must include submission of a completed applicant fingerprint card to the appropriate state or federal identification bureau. When a record of any kind is found, access will not be granted until the Chief of Police can review the matter to decide if access is appropriate. Before system access is granted, fingerprint comparison or other positive means must establish the identification of the non-agency applicant. The Chief of Police shall determine whether the information obtained from the fingerprint-based record check demonstrates that the individual has honesty and has not committed crimes and associated with criminals, where the information contained on the Database Records would present an unacceptable risk of misuse of said records. The Chiefwill consider the following factors in hislher decision making process: Criminal convictions: 1. Does the crime(s) go to one's honesty, integrity, tendency to associate with other criminals (for example. Theft, forgery, sale of illegal drugs for profit, computer crimes)? 2. The seriousness of the crime. 3. Applicants age when the crime was committed. 4. How long ago the crime( s) was committed. Arrests: 1. Does the arrest(s) go to one's honesty, integrity, tendency to associate with other criminals? 2. Whether the applicant disclosed the arrest. 3. The applicant's explanation for the arrest. 4. Other information that may tend to show whether the acts for which the person was arrested would demonstrate an unacceptable risk to allow applicant access to Database Records. 5. Applicants age when arrested. 6. How long ago the applicant was arrested. Revocation: When the Chief of Police becomes aware of an employee with a security clearance is arrested for a crime or is alleged of misconduct, the Chief of Police will temporarily suspend the security clearance pending a fact finding investigation. The Chief of Police may revoke the security clearance upon a showing of any event that would have resulted in an initial denial ofthe clearance. Physical Security RAIN MOV - 8 C)~I\ Policy: Agencies must assume responsibility for and enforce the system's security standards with regard to all agencies and users it services. The local agency must have adequate physical security to protect against any Wlauthorized access to RAIN servers, computer terminals, access devices, or stored/printed data at all times. Sites include vehicles housing Mobile Data Terminals. Administrative Security Policy: Each agency Chief, by signing the Memorandum of Understanding agrees to conform to . . RAIN system security policy and procedures. Non-criminal justice governmental agencies designated to perform criminal justice support services such as dispatching functions or data processing/information services for a criminal justice agency are eligible for RAIN records information systems access. Non-criminal justice governmental agencies are permitted access to RAIN systems if authorized pursuant to statute, regulation, ordinance, or interagency agreement. All non-criminal justice agencies accessing RAIN systems will be subject to all RAIN operational policies, rules, and regulations. Security control responsibility must remain with the sponsoring criminal justice agency. Private contractors or vendors are permitted access to RAIN data pursuant to a specific agreement for the purpose of providing services for the administration of criminal justice pursuant to that agreement. All RAIN member agencies shall provide security awareness brie,fing to all personnel who have access to RAIN information. The goal of these briefings is to ensure that personnel are made aware of: . threats, vulnerabilities, and risks associated with accessing RAIN systems; . what requires protection; . information accessibility, handling, marking, and storage considerations; . physical and environmental considerations; . system, data, and access controls; . contingency plan procedures; . secure configuration control requirements; . social engineering practices; and . responsibility to promptly report security violations to the Chief of Police. Security Mooitorioe Policy: RAIN MOU - 9 L~~ \ '2__ - All access attempts are logged and/or recorded and are subject to routine audit or review for detection of inappropriate or illegal activity. Security-related incidents that impact RAIN data or communications circuits shall be reported to the RAIN Governance Board. Major violations (for example. Those that significantly endanger the security or integrity ofthe agency's system or personnel) must be immediately communicated to the RAIN Governance Board. Disposal of Media Policy: All data associated with law enforcement records stored in the RAIN system shall be securely stored and/or disposed of in an approved manner to prevent access by unauthorized personnel. RAIN MOD -10 (,-I '~ APPENDIX C Rules for Use of Data from RAIN RAIN is an investigative tool, not a Records Management System. RAIN should be accessed only for a law enforcement purpose. It allows you to search shared data from participating agencies, but is only one element in effective law enforcement for building an investigative case. Each participating agency maintains ownership of its own data. Therefore, the following rules apply: 1. All attempts to access data through RAIN are recorded in system logs and are subject to routine audit or review. for detection of inappropriate or illegal activity. 2. A hit through RAIN is not probable cause for arrests, searches and seizures, or court testimony; but it indicates that information exists in the RMS of an identified agency. You must have original documents from the originating agency prior to using any information obtained through RAIN for any proceedings requiring court testimony. 3. Any information intended for use in a criminal record or case must be validated through the originating agency for accuracy and completeness. 4. Security-related incidents that impact RAIN data or communications shall be immediately reported to your Chief, who will report them to the RAIN Governance Board. 5. All data retrieved from law enforcement records stored in the RAIN system shall be securely stored and/or destroyed in an approved manner to prevent access by unauthorized personnel. RAIN MOD -11 L,--I L\ MEETING DATE: September 6, 2005 ITEM# Y0j ...."""""'"""""""",,..,,"'''' CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: MOU among The Naval Criminal Investigative Service and Participating Federal, State, County and Municipal Agencies for an Information Sharing Initiative known as The Law Enforcement Information Exchange (LInX NW) m....................................................,...........,.............."".....""" CATEGORY: BUDGET IMP ACT: X CONSENT 0 ORDINANCE Amount Budgeted: $ 0 RESOLUTION D PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $ .."""""""""""""",,"'.,.,...... .........",.. """'''''''' "'""".."'" ,.... mm..........mmmmmmmm.._.......... . .".""...... """""""""".".".,"".".."'".".. ATTACHMENTS: PRHS&PS Memo and the LlnX NW MOU SUMMARY/BACKGROUND: LlnX NW available to all participating agencies will further the wars against crime and terrorism. LlnX will integrate relevant records of the parties within a single warehouse of databases, which will capture the cumulative knowledge of regional law enforcement agencies in a systematic and ongoing manner to maximize the benefits of information gathering and analysis to prevent and respond to terrorist and criminal threats; to support preventive, investigative and enforcement activities; and to enhance public safety and force protection for the Nation's critical infrastructure in the Puget Sound area. Utilizing the LInX capabilities will significantly advance public safety and ~ security. CITY COUNCIL COMMITTEE RECOMMENDATION: PROPOSED MOTION: I move approval of the MOU among The Naval Criminal Investigative Service and Participating Federal, State, County and unicipal Agencies for an Information Sharing Initiative known as The Law Enforcement Information Exchange InX W) CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 T ABLED/DEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 c:: ~ <_'J ' CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: August 8, 2005 TO: Parks, Recreation, Human Services & Public Safety Council Committee VIA: David sel , ~anager FROM: Anne E. Kir atrick, ChiefofPolice V~-K SUBJECT: MOU among The Naval Criminal Investigative Service and Participating Federal, State, County and Municipal Agencies for an Infoffilation Sharing Initiative Known as The Law Enforcement Information Exchange (LInX NW) Policy Question May the City of Federal Way accept a Memorandum of Understanding among The Naval Criminal Investigative Service and Participating Federal, State, County and Municipal Agencies for an Information Sharing Initiative Known as The Law Enforcement Information Exchange? Background LlnX NW available to all participating agencies will further the wars against crime and terrorism. It is used to help identify and locate criminals, and terrorists and supporters; identify criminal and terrorist risks and threats; and otherwise provide assistance to prevent, detect and prosecute criminal and terrorist activities. Options 1. Motion to accept the MOU among the Naval Criminal Investigative Service and Participating Federal, State, County and Municipal Agencies for an Information Sharing Initiative Known as The Law Enforcement Information Exchange (LInX NW) Utilizing the LInX capabilities will significantly advance public safety and security, and will enhance the protection of this Nation's critical Naval and military resources in the Puget Sound area of the State of Washington. The LInX system will also integrate relevant records of the parties within a single warehouse of databases, effectively providing each participating agency with a single source for regional law enforcement information. 2. Reject the MOU The Federal Way Department of Public Safety would not have access to a System that shares pertinent information to assist in the wars against crime and terrorism I :r-- \ Staff recommendation Motion to accept Option I for the Memorandum of Understanding among The Naval Criminal Investigative Service and Participating Federal, State, County and Municipal Agencies for an Information Sharing Initiative Known as The Law Enforcement Information Exchange (LInX NW) Committee recommendation Forward option (l) to the full City Council for approval on September 6, 2005 ." ~ APPROV AL OF COMMITTEE !~EPORT~ 'r /~/ Committee Member (. 2 -=r - 2_ MEMORANDUM OF UNDERSTANDING AMONG THE NAVAL CRIMINAL INVESTIGATIVE SERVICE AND PARTICIPATING FEDERAL, STATE, COUNTY AND MUNICIPAL AGENCIES FOR AN INFORMATION SHARING INITIATIVE KNOWN AS THE LAW ENFORCEMENT INFORMATION EXCHANGE (LInX NW) A. PURPOSE. l. This Memorandum of Understanding (MOU) is entered into by the Naval Criminal Investigative Service and the Federal, State, and local law enforcement agencies and the Federal Bureau of Investigation participating in an information sharing initiative for operation of a regional warehouse of databases, known as the puget Sound Law Enforcement Information Exchange (LInX) . The purpose of this MOU is to set forth the policy and procedures for the use of the LInX by the participating parties, including the ownership and control of the information within the system, which may be contributed by each party for use by the LInX and the participating agencies. 2. The driving impetus for this initiative and MOU is to further the wars against crime and terrorism in the wake of the September 11th terrorist attacks against the United States. This includes: identifying and locating criminals, terrorists and their supporters; identifying, assessing, and responding to crime and terrorist risks and threats; and otherwise preventing, detecting, and prosecuting criminal and terrorist activities. To achieve these ends, it is essential that all Federal, State, and local law enforcement agencies cooperate in efforts to share pertinent information. The LInX will integrate relevant records of the parties within a single warehouse of databases, effectively providing each participating agency with a single source for regional law enforcement information. (For security purposes, LInX access to this information will be via a separate, sensitive but unclassified server located in the Seattle FBI field office.) 3. The LInX will be available for use by participating law enforcement agencies in furtherance of authorized law enforcement activities as well as the prevention and detection of terrorist risks and threats. Utilizing the LInX capabilities will significantly advance public safety and security, and will enhance the protection of this Nation's critical Naval and military resources in the Puget Sound area of the State of washington. B. PARTIES. l. The parties to this MOU are: the Naval Criminal Investigative Service; Bainbridge Police Department; Bremerton Police Department; Everett Police Department; Kitsap County Sheriff's Office: Port of Seattle Police Department; Port Orchard Police Department; Poulsbo Police Department; Seattle police Department; Snohomish County Sheriff's Office; Tukwila Police Department; Washington Jail and Booking Records System, Washington Association of Sheriffs and Police Chiefs; and the washington State Patrol: the Federal Bureau of Investigation; and other law enforcement agencies approved by the Governance Board. 2. The above parties agree that the Puget Sound Joint Terrorism Task Force (JTTF) and the Joint Analytical Center will be permitted access to the Puget Sound LInX upon their proper written request. Puget Sound LlnX MOll I 06/24/04 =C-3 3. The washington Jail and Booking Records System, washington Association of Sheriffs and Police Chiefs, will be a contributing agency only with no querying capability. 4. The parties agree that maximum participation by all eligible law enforcement agencies will strengthen the purposes of this MOU. Accordingly, the parties anticipate and desire that other eligible agencies will join this MOU in the future. An eligible agency must apply for and be approved by the Governance Board to become a joining agency. The Governance Board shall establish criteria for eligibility to join such as but not limited to security compliance, data accountability, technical capability, and operational history. A joining agency once approved by the Governance Board shall also be considered a party and shall have the same rights, privileges, obligations, and responsibilities as the original parties. C. POINTS OF CONTACT. Each party shall designate an individual as the party's point of contact (paC) for representing that party in regard to the MOV. A party may change its pac at any time upon providing written notification thereof to the Governance Board. D. AUTHORITY. 1- Authority for the Naval Criminal Investigative Service to enter into this MOU includes Department of Defense (DoD) Instruction 5505.3 dated July 11, 1986 and SECNAVINST 5520.3B dated January 4, 1993. 2. Authority for Washington State, county, and local agencies to enter into this MOU includes Revised code of Washington Chapter 39.34. 3. Authority for the FBI to enter into this MOU includes: 28 U.S.C. 533, 534; 28 C.F.R. 0.85; and Presidential Decision Directives 39 and 62. E. MISSION/OBJECTIVES. This initiative seeks to capture the cumulative knowledge of regional law enforcement agencies in a systematic and ongoing manner to maximize the benefits of information gathering and analysis to prevent and respond to terrorist and criminal threats; to support preventive, investigative and enforcement activities; and to enhance public safety and force protection for the Nation's critical infrastructure in the Puget Sound area. The specific objectives of the LInX are to: 1- Integrate specific categories of law enforcement, criminal justice and investigative data from participating agencies in near real time within one data warehouse that will be accessible by all participating agencies. 2. Dramatically reduce the time spent by participating agency personnel in search and retrieval of relevant data by providing query and analytical tools. 3. Provide the means for the participating agencies to develop analytical products to support law enforcement, force protection, and counterterrorism operational and investigative activities. 4. provide an enhanced means for the participating agencies to produce strategic analytical products to assist administrative decision~making processes for area law enforcement executives. Pugc:t Sound LInX MOU 2 06/24104 :14 F. CONCEPT. I. The LInX is a cooperative partnership or Federal, State, county, and local law enrorcement agencies, in which each agency is participating under its own individual legal status, jurisdiction, and authorities, and all LInX operations will be based upon the legal status, jurisdiction, and authorities or the individual participants. The LInX is not intended to, and shall not, be deemed to have independent legal status. 2. The LlnX will become a central, electronic repository of derivative Federal, State, county, and local law enforcement and investigative data, with each party providing ror use copies or information from its own records which may be pertinent to LInX's mission. Once the database warehouse is populated and properly structured, the system will function with querying and analytical tools in support or law enforcement activities, criminal investigations, force protection, and counter terrorism, and ror the development of reports by the participating agencies ror the use of their executive decision makers. 3. LlnX functionality may be enhanced via acquisition and use of commercially available references, public source information, and software applications such as commercial directories, census data, mapping applications, and analytical applications. 4. The LlnX database warehouse collection will be resident on a server located at Seattle Division, Federal Bureau of Investigation, 1110 Third Avenue, Seattle, Washington, and the warehouse will contain "Sensitive But Unclassified" (SBU) information from the records systems of the MQU parties. All parties with the exception of B.3 to this MQU contributing data to the LlnX will have equal access to the LInX functionality via secure Internet connections for read, analytical and lead purposes only. G. OWNERSHIP, ENTRY, AND MAINTENANCE OF INFORMATION. I. Each party retains sole ownerShip of, exclusive control over content and sole responsibility for the information it contributes, and may at will at any time update or correct any of its information in LInX, or delete it from the LInX entirely. All system entries will be clearly marked to identify the contributing party. 2. Just as each party retains sole ownership and control of the information it contributes, so does a party retain sole ownership and control of the copies of that information replicated in the LlnX. 3. The contributing party has the sole responsibility and accountability for ensuring that no information is entered into LInX that was obtained in violation of any Federal, State, or local law applicable to the contributor. 4. The contributing party has the sole responsibility and accountability for ensuring compliance with all applicable laws, regulations, policies, and procedures applicable to the party's entry and sharing of information into the LInX. 5. The contributing party has the sole responsibility and accountability for making reasonable efforts to ensure the accuracy upon entry, and continuing accuracy thereafter, of information contributed. Each Puget Sound unX MOLI 3 06/24/04 S~:-5 party will notify the contributing party and the Governance Board of any challenge to the accuracy of the contributing party's information. 6. Because information housed by LlnX will be limited to duplicates of information obtained and separately managed by the entering party within its own record system(s) , and for which the contributing party is solely responsible and accountable, information submitted by the participating parties shall not be altered or changed in any way, except by the contributing party. The contributing party should not make any changes to the data in the LlnX warehouse that is not mirrored within the contributing party's source records. 7. The LInX will thus only be populated with mirrored information derived from each contributing party's \\own records," and is not in any manner intended to be an official repository of original records, or to be used as a substitute for one, nor is the information in the system to be accorded any independent record system status. Rather, this electronic system is merely a means to provide timely access for the law enforcement parties to information that replicates existing files/records systems. 8. To the extent that any newly discovered links, matches, relationships, interpretations, etc. , located in "mining" of LlnX information may be relevant and appropriate for preservation as independent records, it will be the responsibility of the accessing party to incorporate such information as records of the accessing party in the party's own official records system(s)in accordance with that party's records management processes (subject to obtaining any contributing party's consent as provided below) . A party that desires to incorporate in its own separate records information contributed by another party, including any analytical products based on another party's information, must first obtain the entering party's express permission. 9. Commercially available references, public source information, and software applications, such as commercial directories, census data, mapping applications, and analytical applications are considered to be nonrecord material and will be maintained in accordance with applicable contracts and/or licensing agreements. To the extent that any such information is relevant and appropriate for preservation as independent records, it will the responsibili ty of the accessing party to incorporate such information as records of the accessing party in the party's own official records system(s) in accordance with that party's records management processes and any applicable contract or licensing agreement. 10. Each agency has agreed to submit law enforcement, criminal justice and investigative types of records, reports, and information into the LlnX warehouse. 11. There is nO obligation and there should be no assumption that a particular party's records housed in the LlnX database warehouse represent the totality of all records of that party's records system for any subject or person. H. ACCESS TO AND USE OF INFORMATION l- Each party will contribute information to the LlnX and agrees to permit the access, dissemination, and/or use of such information by every other party under the provisions of this MOU (and any other applicable Pugct Sound I.lnX MOll 4 06/24/04 :r~~ agreements that may be established for the LlnX) . The contributing party has the sole responsibility and accountability for ensuring that it is not constrained from permitting this by any laws, regulations, policies, and procedures applicable to the submitting party. 2. Agencies that do not provide data for inclusion in the LInX are not eligible to be parties without express, written approval of the LInX Governance Board. only duly constituted law enforcement agencies of a Federal, military, state, county, or local jurisdiction may become a party of the LlnX. 3. All parties will have access via a secure Internet connection to all the information in the LInX, as provided in this MOU and any other applicable agreements that may established for the LInX; and each agency is responsible for providing its own internet connectivity. 4. An accessing party has the sole responsibility and accountability for ensuring that an access comports with any laws, regulations, policies, and procedures applicable to the accessing party. 5. A party may only access the LInX when it has a legitimate, official need to know the information for an authorized law enforcement, counter terrorism, public safety, and/or national security purpose, after receiving training appropriate to this MOU. 6. An accessing party may use information for official matters only. The system can not be used for general licensing and employment purposes, background investigations of federal, state or local employees or any other non-law enforcement purpose. 7. Information in the system, including any analytical products, may not be used for any unauthorized or non-official purpose and shall not be disseminated outside of an accessing party without first obtaining express permission of each party that contributed the information in question. specifically included within this prohibition is the use of information in the preparation of judicial process such as affidavits, warrants, subpoenas, etc. 8. Notwithstanding the requirement in the previous provision that information may not be disseminated without first obtaining express permission of each party that contributed the information in question, in accordance with and to the extent permitted by applicable law, required court process, or guidelines issued jointly by the Attorney General of the United States and the Director of Central Intelligence, immediate dissemination of information can be made if a determination is made by the recipient of the information: (a) that the matter involves an actual or potential threat of terrorism, immediate danger of death or serious physical injury to any person, or imminent harm to the national security; and (b) requires dissemination without delay to any appropriate federal, state, local, or foreign government official for the purpose of preventing or responding to such a threat. The owner of the information shall be immediately notified of any and all disseminations made under this exception. Puget Sound LInX MOU 5 06/24/04 -I-l 9. Any requests for reports or data in LInX records from anyone other than a party to this MOV will be directed to the contributing party. 10. Agencies other than the exception noted in paragraph B.2 above who are not part of this MOV will not have direct access to LInX. Requests by such agencies for copies of information contained in LInX must be referred to the individual LInX party that owns the information. 11. The information in the LlnX shall not be used to establish or verify the eligibility of, or continuing compliance with statutory and regulatory requirements by applicants for, recipients or beneficiaries of, participants in, or providers of services wich respect to, cash or in-kind assistance or payments under the Federal or Commonwealth benefit programs, or to recoup payments or delinquent debts under such Federal or Commonwealth benefit programs. 12. The LlnX will include an audit capability that will log all user actions, including queries executed, responses, alerts set, and notifications received. The log shall be maintained for the life of the record plus five (5 ) years. Any contributing party may request to receive copies of the audit log showing access to that party's data. l. SECURITY. l. Each party will be responsible for designating those employees who have access to the LInX. This system has been developed with the capability to record each use of the system, including the identity of the individual accessing the system, and the time of the access to the system, and the information queried. The system was developed with security in mind. It should be remembered by each participating member that access to the information within the system should be on a strictly official, need-to-know basis, and that all information is law enforcement sensitive. 2. Each party agrees to use the same degree of care in protecting information accessed under this MOV as it exercises with respect to its own sensitive information. Each party agrees to restrict access to such information to only those of it's (and it governmental superior's) officers, employees, detailees, agents, representatives, task force members, contractors/subcontractors, consultants, or advisors with a official "need to know" such information. 3. Each party is responsible for training those employees authorized to access the LlnX system regarding the use and dissemination of information obtained from the system. Specifically, employees should be given a clear understanding of the need to verify the reliability of the information with the contributing party before using the information for purposes such as preparing affidavits, or obtaining subpoenas and warrants etc. Parties should also fully brief accessing employees about the proscriptions for using third party information as described in Section H, paragraphs 4-11, above. J. PROPERTY. 1. The equipment purchased by the NeIS to support this effort will remain the property of the NCIS. After expiration of any warranties, the NCIS, FBI, and the Puget Sound LInX Regional Governance Board will determine the responsibility for the maintenance of the server. Pugct. Sound L1nX MOU 6 06/24104 -:! ~- '6 2. ownership of all property purchased by parties other than the NCIS will remain the property of the purchasing party. Each party accessing the LInX from the party's facility shall provide its own computer stations for its designated employees to have use and access to the LInX. The accessing party is responsible for configuring its computers to conform to the access requirements. Maintenance of the equipment purchased by the accessing party shall be the responsibility of that party. K. COSTS. 1. Unless otherwise provided herein or in a supplementary writing, each party shall bear its own costs in relation to this MOU. Even where a party has agreed (or later does agree) to assume a particular financial responsibility, the party's express written approval must be obtained before the incurring by another party of each expense associated with the responsibility. All obligations of and expenditures by the parties will be subject to their respective budgetary and fiscal processes and subject to availability of funds pursuant to all laws, regulations, and policies applicable thereto. The parties acknowledge that there is no intimation, promise, or guarantee that funds will be available in future years. L. LIABILITY. 1. The LInX is not a separate legal entity capable of maintaining an employer-employee relationship and, as such, all personnel assigned by a party to perform LInX related functions shall not be considered employees of the LInX or of any other party for any purpose. The assigning party thus remains solely responsible for supervision, work schedules, performance appraisals, compensation, overtime, vacations, retirement, expenses, disability, and all other employment-related benefits incident to assignment of its personnel to LInX functions. 2. Unless specifically addressed by the terms of this MOU (or other written agreement) , the parties acknowledge responsibility for the negligent or wrongful acts or omissions of their respective officers and employees, but only to the extent they would be liable under the laws of the jurisdiction(s) to which they are subject. M. GOVERNANCE. 1. The parties recognize that the success of this project requires close cooperation on the part of all parties. To this end, the LInX will be operated under a shared management concept in which the parties will be involved in formulating operating policies and procedures. The Puget Sound LInX Regional Governance Board will consist of the head (or authorized designee) of each participating law enforcement agency. The parties agree to comply with all future policies and procedures developed by this Governance Board. 2. Each member of the Governance Board shall have an equal vote and voice on all board decisions. Unless otherwise provided, Roberts Revised Rules of Order shall govern all procedural matters relating to the business of the Governance Board. 3. A chairperson shall be elected by its members, together with such other officers as a majority of the Board may determine. The chairperson, or Puget Sound LInX MOU 7 06/24/04 -:r----c, any board member, may call sessions as necessary. For a meeting to occur a minimum of 51% of the membership must be present and a simple majority of those present shall be required for passage of any policy matters. A tie vote does not pass the matter. In emergency situations, the presiding officer may conduct a telephone or email poll of Board members to resolve any issues. The Board of Governors may also establish any needed committees such as technical, user, and legal. 4. Disagreements among the parties arising under or relating to this MOU shall be resolved only via consultation at the lowest practicable level by and between the affected parties and their sponsoring agencies (or as otherwise may be provided under any separate governance procedures) and will not be referred to any court, or to any other person or entity for settlement. All unresolved matters will go before the Governance Board. 5. The Governance Board may establish additional procedures and rules for the governance of LInX and in furtherance thereof may enter into one or more separate formal or informal agreements, provided that any such agreement does not conflict with the spirit, intent, or provisions of this MOU, and is sufficiently memorialized to meet the business purposes of LInX governance (incl uding adequately informing current and future parties) . Such governance agreement(s) may, for instance address: organizational structure and control; executive management and administration; delegation of authority; operating policies, procedures, rules, and practices; meetings, quorums, and voting, procedures; audits; and sanctions (including inVOluntary termination of a party's participation in this MOU). N. NO RIGHTS IN NON-PARTIES. l. This MOU is an agreement among the parties and is not intended, and should not be construed, to create or confer on any other person or entity any right or benefit, substantive or procedural, enforceable at law or otherwise against the NCIS, the Department of the Navy, the Department of Defense, the FBI, the Department of Justice, the united States, a party, or any State, county, locality, or other sponsor under whose auspices a party is participating in the LlnX or the officers, directors, employees, detailees, agents, representatives, contractors, subcontractors, consultants, advisors, successors, assigns or other agencies thereof. o. EFFECTIVE DATE/DURATION/MODIFICATION/TERMINATION. l. As among the original parties, this MOU shall become effective when the duly authorized representatives of each party have all signed it. For parties who subsequently join, this MOU shall become effective when completed and signed by the joining party's duly authorized representative and countersigned by the representatives of the LInX authorized to do so under LInX Governance procedures applicable at the time of joining. 2. This MOU shall continue in force indefinitely for so long as it continues to advance the participants' mission purposes, contingent upon approval and availability of necessary funding. 3. This MOU may be modified upon the mutual written consent of the duly authorized representatives of all parties. Howeve r , the parties may, without the need of formal MOU modification, cooperatively address and resolve administrative, technical, and operational details relating to this MOU, provided that any such resolution: does not conflict with the spid t, intent, Puget Sound LlnX MOU 8 06/24/04 :r~tD or provisions of this MOU; could not reasonably be viewed as particularly sensitive, controversial, or objectionable by one or more parties; and is sufficiently memorialized to meet the business purposes of LlnX governance (including adequately informing current and future parties) . 4. This MOU may be terminated at any time by the mutual written agreement of the duly authorized representatives of all parties. A party's duly authorized representative may also terminate the party's participation in the MOU upon written notice to all other parties of not less than thirty 30 days. A party's participation may also be terminated involuntarily as may be provided in applicable governance agreement. 5. Upon termination of this MOU, all property being used under its purview will be returned to the respective supplying party. Similarly, if an individual party's participation in this MOU is terminated, the party will return any property to supplying parties, and the remaining parties will return any property supplied by the withdrawing party. 6. All information contributed to the LlnX by a terminating party will be deleted from LlnX. 7. As to information in the LlnX during a party's participation under this MOU, the rights, obligations, responsibilities, limitations, and other understandings with respect to the disclosure and use of such information shall survive any termination. This applies both as to a terminating party's information, and to the other parties' disclosure and use of a terminating party's information. P. APPENDICES A. Form for new agencies to join MOU (and copies of executed forms for each new agency which has so joined) B. points of contact C. Governance provisions (may be added later at the discretion of the Board) D. Security Policy (may be added later) . IN WITNESS WHEREOF, the parties have executed this MOU by the signatures of the duly authorized representative of each participating agency on an individual page attached hereto and incorporated herein as part of this MOU. Puget Sound LInX MOU 9 06/24/04 =1--- \ \ APPENDIX A - puget Sound LInX MEMORANDUM OF UNDERSTANDING PURPOSE. This document effects the joining by the in the MEMORANDUM OF UNDERSTANDING AMONG THE NAVAL CRIMINAL INVESTIGATIVE SERVICE AND PARTICIPATING FEDERAL, STATE, AND LOCAL AGENCIES FOR AN INFORMATION SHARING INITIATIVE KNOWN AS THE PUGET SOUND LAW ENFORCEMENT INFORMATION EXCHANGE (LInX) . AUTHORITY. Authority for the Joining Party to enter into this MOU includes: RCW10. ~.2...:050 (3) AGREEMENT. The Joining Party agrees to abide by all provisions and assume all obligations and responsibilities of the MOU, including any formal changes and any administrative, technical, and operational resolutions in effect at the time of execution (as to which the Joining Party acknowledges being provided copies or other adequate notice) . In return, the Joining Party shall also be considered a party and shall have the same rights and privileges as the original parties. POINT OF CONTACT. The Joining Party's POC is: Name and Title: Office phone: Cell: Fax: Address: Email/Other: COSTS. Unless otherwise agreed in writing, the Joining Party shall bear its own costs in relation to the MOU. EFFECTIVE DATE/DURATION/TERMINATION. This document shall take effect when completed and signed by the Joining Party's duly authorized representative and countersigned by the representatives of the LInX authorized to do so under LInX governance procedures applicable at the time of joining. 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Zn en \...d MEETING DATE: September 6, 2005 ITEM# ,]lL(tA} ................-.-.- .....................-....... ....................".....,.,.,.....".,."."",...,....",". .......................-....... CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Cancel the 2005 CDBG Allocation to Federal Way Community Center for Senior Nutrition & Health Improvement Proejct and Reallocate the Funds ",.....",,,...,,,,...'" ..."""".....""'.."..""..""'.."""'".""".,,,,"',,,, . ............-. ....,.,.....,....,....,."'.,.."'.... ..............................................................................._m.... CATEGORY: BUDGET IMP ACT: 0 CONSENT 0 ORDINANCE Amount Budgeted: $ 0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ [2J CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $ ......................-..-....... ,,,,,..,,,,,,,,, """,..,,,,,,,,,,,,,,,,,,,"',,,,,"',,,,......."',,, ............................................................- .................,..-..,.,.. ATTACHMENTS: July 28,2005 memorandum to the Parks, Recreation Human Services, and Public Safety Committee. ......................................-....... ..........................................................-....... ..................................-....... .......................,.,..,.."..",.,."..""..".....'"..,,,,,,,.,....,..,,.........................................................-....... SUMMARY/BACKGROUND: The 2005 CDBG allocation to the Federal Way Community Center for the Senior Nutrition and Health Improvement Project is being canceled by the City of Federal Way. The requirements for the tracking and return of CDBG program income make the project incompatible with the business plan for the operation of the facility. Implementation of the 2005 CDBG Contingency Plan is recommended with $87,815 being reallocated to the Federal Way Housing Repair Program; and, $2,010 being reallocate to the Boys and Girls Club of King County Youth Development Center (EX3) project. No public comments have been received to date. ..................-....... .............................................,..". . "".".,,,,,,,,.,,"'.."'..,,.,,,,,,,,,,..,,.'" """"'''''''.....".........................................._._. .............._m........... CITY COUNCIL COMMITTEE RECOMMENDATION: A quorum was not available at the August 8 Parks, Recreation, Human Services and Public Safety Committee meeting so the item was forwarded without recommendation to the September 6, 2005, City Council meeting. .,,,,,,,,,,,,,.....,,,,.,,,,,,..,.. ............................,......"'.".."...".".,. PROPOSED MOTION: I move to cancel the 2005 CDBG award for project C05027, in the amount of$89,825, for Senior Nutrition and Health Equipment for the new Federal Way Community Center and award the funds per the 2005 CDBG Contingency Plan. 8 ................................"'.."'....".""'.."""'"""",,,,,,,,,,,,,,.,,......,,,,....." ~~~~~-~~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 TABLED/DEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # 5,C- CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: July 28, 2005 ~ From: Kelli O'Donn I, C BG Coordinat- ~ Via: David Mosel I Manager Subject: Cancel the 2 05 CDBG Allocation to Federal Way Community Center for Senior Nutrition & Health Improvement Project and Reallocate the Funds Policy Question: Should the 2005 Community Development Block Grant (CDBG) allocation of $89,825 to the Federal Way Community Center for Senior Nutrition & Health Improvement Project be canceled and funds reallocated per the 2005 CDBG Contingency Plan? Background: As outlined in the attached Human Services Commission memorandum (Attachment 1), the kitchen, senior lounge and one community room were. planned to be dedicated for senior use from 8:00 a.m. to 5:00 p.m. Monday through Friday with COBG funds used to pay for the portion of the Community Center attributable to seniors. The business plan for the Community Center calls for these rooms to be used for rental income outside of the hours dedicated for senior use. Federal regulations requires that revenue for the portion of the facility assisted by CDBG be tracked and returned back to the COBG program as program income and require that fair market rents be charged. The regulations allow for the deduction of operating and maintenance costs for the rental space. It is expected that the spaces will generate revenue over the operating and maintenance cost that is intended to be used for the operation of the entire facility. This requirement makes the use of COBG funds for the senior improvements to the Federal Way Community Center a negative business decision. The business plan for the Community Center has an aggressive revenue expectation for the rental program to assist with overall building expenses. Canceling the project now will allow for the funds to be recaptured in time to be reallocated per the 2005 COBG Contingency Plan. The Parks, Recreation, and Cultural Services Department will look to replace the CDBG funds through a capital campaign or the project contingency funds. A thirty-day public comment period is required prior to formally canceling the project and re- allocating the $89,825 per the 2005 CDBG Contingency Plan. The Contingency Plan lists the Federal Way Housing Repair Program as the first priority for additional 2005 CDBG capital funds up to $87,815. The remaining $2,010 would be allocated to the Boys and Girls Club of King County Youth Development Center as the third priority. The Pediatric Interim Care Center, which was the second priority, has already completed their project. Further research following the Commission's proposed recommendation has found that a 30 day public comment period is required since the 2005 funding to the Housing Repair Program will increase by more than 25% if the 2005 Contingency Plan is implemented. The public notice is scheduled to be published on July 30, 2005 so that any written comments received may be considered before Council action is taken at the September 6, 2005 Council meeting. Commission Recommendation: Cancel the 2005 CDBG award for project C05027, in the amount of $89,825, for Senior Nutrition and Health Equipment for the new Federal Way Community Center and award the funds perthe 2005 COBG Contingency Plan. To be fO/warded to the Parks, Recreation, C.--\ Human Services, and Public Safety Committee with a public hearing to be scheduled at the City Council meeting. The Human Services Commission unanimously passed the motion in the briefing memo at their July 18, 2005, meeting. A revision to the motion to allow for the 30-day public comment period, rather than the public hearing, is requested by staff. Proposed Motion: Cancelthe 2005 CDBG award for project C05027, in the amount of $89,825, for Senior Nutrition and Health Equipment for the new Federal Way Community Center and award the funds per the 2005 CDBG Contingency Plan. To be fOlWarded to the September 6, 2005, City Council meeting on the Consent Agenda with any written comments received during the 30-day public comment period. Please contact me at (253) 835-2653 or kellio@fedway.org if you have any questions regarding this item. K:\CD Human Services\CDBG Program\2005 Council-Commission\PRHS&PS Committee\PRHSPSC 072605 Cancel Sr Proj @ FW Com Ctr & Reallocate funds per contingency plan. doc C-7- (ITYQF A Federal Way MEMORANDUM DATE: July 18, 2005 - TO: Human Services Commission ~ l FROM: Kelli O'Donnell, CDBG Coordinat , SUBJECT: Cancel the 2005 COBG Allocatio to Federal Way Community Center for. Senior Nutrition .&, Health Improvement Project and Reallocate the Fund~, Policv Question: Should the 2005 Community Development Block Grant (CDBG) allocation of $89,825 to the Federal Way Community Center for Senior Nutrition & Health Improvement Project be canceled and funds reallocated per the 2005 CDBG Contingency Plan? Backaround: The City of Federal Way allocated $97,278 of 2005 CDBG funds for improvements to the new Federal Way Community Center that would specifically benefit seniors. The project was reduced to $89,825 after the final 2005 allocations to CDBG were passed by Congress. The original application was for the purchase and installation of kitchen and health equipment that would be used by seniors using the new facility. The improvements would have transferred and expanded the services currently available to seniors at the Klahanee Lake Community Center to the larger new facility. Due to project construction revisions and changes in to the COBG Consortium timeliness policies, the project was amended to pay for development costs such as permitting, mitigation fees and project management for the portion of the facility that will benefit seniors in May 2005. The kitchen, senior lounge and one community room were planned to be dedicated for senior use from 8:00 a.m. to 5:00 p.m. Monday through Friday. The business plan for the Community Center calls for these rooms to be used for rental income outside of the hours dedicated for senior use. Federal regulations requires that revenue for the portion of the facility assisted by CDBG be tracked and returned back to the COBG program as program income and require that fair market rents be charged. The regulations allow for the deduction of operating and maintenance costs for the rental space. It is expected that the spaces will generate revenue over the operating and maintenance cost that is intended to be used for the operation of the entire facility. This requirement makes the use of CDBG funds for the senior improvements to the Federal Way Community Center a negative business decision. The business plan for the community Center has an aggressive revenue expectation for the rental program to assist with overall building expenses. Canceling the project now will allow for the funds to be.recaptured in time to be reallocated perthe 2005 CDBG Contingency Plan. The Parks, Recreation, and Cultural Services Department will look t6 replace the CDBG funds through a capital campaign or the project contingency funds. \ Ifthe Commission and Council concur with the cancellation of the project, a public hearing will be scheduled to formally cancel the project and re-allocated the $89,825 per the 2005 CDBG Contingency Plan (Attachment 1). The Federal Way Housing Repair Program is the first priority for additional 2005 CDBG capital funds up to $87,815. The remaining $2,010 would be allocated to the Boys and Girls Club of King County Youth Development Center as the third Page 1 of2 05 priority. The Pediatric Interim Care Center, which was the second priority, has already been completed. Council action and a 14 day public comment period would be required to cancel the project and reallocate the funds per the 2005 Contingency Plan. Proposed Motion: Cancel the 2005 CDBG award for project C05027, in the amount of $89,825, for Senior Nutrition and Health Equipment for the new Federal Way Community Center and award the funds per the 2005 COSG Contingency Plan. To be forwarded to the Parks, Recreation, Human Services, and Public Safety Committee with a public hearing to be scheduled at the City Council meeting. Please contact me at (253) 835-2653 or kellio@fedway.org if you have any questions regarding this item. Page 2 of2 C-y MQpted 09/07/04 Attachment 1 CITY OF FEDERAL WAY ',2005 CDBG CONTINGENCY PLAN , The allocation process for 20Q5 Community Development Block Grant (CDBG) funds is based upon an estimate of Federal Way's 2005 COSG funds. The City will not know its exact grant amount until after Congress passes the HUD Appropriation Bill. This is expected to occur by December 2004. For this reason, the aUocatlon process includes a contingency plan. The plan allows for adjustment up or down based upon the final grant amount and/or any additional funds received'as the result of project cancellations or additional recapt~red funds. SHOULD THE GRANT AMOUNT INCREASE OR ADDITIONAL FUNDS BECOME AVAILABLE: Capital Projects... The City will apply any Increase in the amount of CDBG capital funds as-follows: 1. Additional capital funds available, up t~ $82,656, will be, allocated to the Federal Way Housing Repair Program administeted by the King County Department of Community and Human SerVices up to's total allocation of $150,000; and, ., - "', ' . , 2. Should the above projeCt be funded to the stated le"el~nd any addittonal capital funds be available, up to $28;000 will 'be allo<:ated to the Pediatric Interim Care Center for the Newborn Nursery building up to t.h~ total request for $75',000;'and , _ , : ' t \-.. ~ . , ". ,.' -/ ' 3. ShoUld the above' projects bS fully funded and'sllY lii\dcntional capital furids be avaifable, up to $49,999, will be allocated to the Boys and Girls Club of King County for the f7ederal Way Youth, Development Center lip to the total r~quest for $199,999; and' , 4. If additional capital funds are received, funds will be carried over to the ,2006 CDBG program year unless the Human Services Commission requests new applications for funds and/or additional Council action is taken to allocate funds. " . , Public Sewlce Programs ~ The City will apply anylncr~~se inth~amountofCDBG public service funds as follows: 1. If any additional public service funds become available, funds will be allocated equally between the MultiQare Health System for the AdY,lt Day Health Auburn program and the FederaJ'Way Nonnan Center for the CARES Prosram until each program reaches the totEd amount requested for 2005; and, 2. If an additional $10,000 of public service funds become available after the first contingency is fully funded, funds will be allocated to Catholic Community Services for the Katherine's House Transitional Housing program; and, 3., If less than $10,000 of public service funds become available and/or any additional public service funds are received after the second contingency is fully funded, funds will be allocated to 2005 CDBG Capital projects In accordance with the priority order listed above. Planning and Administration - The City will apply any increase in the amount of COBG planning and administration funds as follows: 1. Any additional funds for planning and administration activities will be allocated to Planning and Administration to cover administrative costs for Federal Way's CDSG program; and C-5 .~ ; Adopted 09/07/04 Attachment 1 2. Additional funds not needed for administration of Federal Way's COBG program will be applied toward the costs of addnional planning activiti~s ,consi~tent with the King County Consortium Consolidated Housing and Community Development Plan; and 3. Additional funds received not needed for planning and admin'stration activities will be ailoeated to capltal projects In accordance with, the priority order listed above. , , . , .. SHOULD THE GRANT AMOUNT DECREASE: - - Capital Projects - The City will decrease the amount of CDBG funds allocated for capital projects as follows: 1. Any unallocated capital funds available wilL be decreased ,before reductions are made to specific projects. 2. Deqreases wiltbe made to 200$ CDBG Capital Projects in proportion to,the percentage dec'rease in grant funds. The (allowing projects will be reduced 'proportionately: the Boys and Girls Club of King County Federal Way Youth Development Center; the City of Federal Way ~enior Nutrition and.Health Eq.uip!l1~nt for thl5l New Federal Way Comml.lnity Center; the King COUr:lty H6uslng and C~tnmunlty,Devel,opment Federal Way Housing Repair Program; the King County Housing Authority South ridge House Fire and Life Safety Sprinkler System; the Multi":Servlce Center Employee Development Services Federal Way program; and, the Pediatric Ipter~m Care Center, the Newborn NlJrsery PICC New Facility Construct/em. Publii:{Seivice Programs':" The City will deer,ease the amount of CDBG funds ~lIo~tt!dfor public service programs as follows: .' 1. D.ecreases \NiII be made to aU public serviqe programs in proportion to the percentage decrease in grant funds until they reacl1the $10,000 minimum funding level. These programs are: Big Brothers Big Sisters of King and Pierce Counties, Federal Way Mentorlng P~ogram; Community Health Centers of King County Federal Way Dental Access; Federal Way Norman Center YMCA, CARES Program; Federal Way Senior Center, Adult Day Care; Institute for Family Development, PACT program: and, MultiCare Health System, Adult Day Health- Auburn. Planning andAdmlnlstratlbn - The City wOl deerea~e the amount of COBG funds alloc;:atl5ld for COBG planning and administration as follows: . , 1. Funds - for additional planning activities will be reduced first; then 2. Funding for CDBG administrative activities will be decreased. , - ;; C:-~ <rrY OF ~ ~1f~~ Federal Way MEMORANDUM DATE: June 21, 2004 TO: Human Services Commission FROM: Kelli O'Donnell, CDBG Coordinator SUBJECT: Funding Level for Federal Way Housing Repair Program History: The City of Federal Way has been funding the King County Housing Repair program to provide housing repair services to Federal Way residents since 1998. An administration fee of 15% is deducted from the annual funding amount for King County to administer the program. The attached brochure outlines the services available to income-qualified residents that include: deferred payment loans, matching funds, emergency grants, and mobile home grants. Federal Way funds are tracked separately and when deferred loans are repaid, funds are returned to Federal Way's CDBG program for reallocation. A yearly repayment history is also attached for your review. The Federal Way Housing Repair program has been heavily utilized since its inception. To date 15 households have been assisted by the program in 2004 and 28 Federal Way households used the program in 2003. The program also leverages other funding sources. Since 2001, Federal Way's Housing Repair program has leveraged $177,656. The program has not been heavily marketed in Federal Way but continues to be accessed by residents. 2005 Recommendation: Staff is recommending increasing the 2005 allocation to $150,000. The program was at a funding level of $120,000 until the 2004 CDBG Capital fund allocation. King County is exploring increasing the maximum loan and grant amounts for 2005. Increasing the allocation to $150,000 would allow for some increases in loan amounts. Additional increases are recommended in the contingency plan should increased capital funds be received to ensure the program is fully funded for low- and moderate-income Federal Way residents needing housing repair services. Please contact me at (253) 661-4153 or kellio@fedway.org if you have any questions regarding the above items. C--l ~ .5 S ~ g..... QCD .- .. -g ;t: 0= ::E..... ~ ~ .---g .- :s c ~ E .~.... 1:: .... W = :::J .6 t::: CD .~ 0 a. ~ CD-:S -g- E CD ~ C..c .- :.: .... = a:: OJ ClI 0 ClI = .. 0'- 0.-. _ C ..,... CD..c CD ClI C C .- >U')o E a:: .... ClI t:I C _ ->-'0 .... CD V'l C OC O~_ ='6"'" 1:::::J..c0 c-gt:l V'l i:;- ee CO CD-g e ~ ~ 1:: C ..c 0 ..... EClI .;:::;: g ClI .- ~ CD -..c c.,:) - - ~cEcClI ~ ~~-g CD 'E e~-c:i CD ,... - CD ClI - CD ClI 1ii..c - E .....21. E .... .... C ... & -g -; >- CD ~ 8 CJ) ~ .- ~ .. ..... E '-' E CD.... 0 E CD.e- - ......- '. c: :::J - 0 ::I: :::J -..c ..... C _ 8 ~ I ..CI ..... .- ClIC: CD e ClI.... 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""'~'+'i ~ ._ -.::r:..... :1' .W .... 0 0 ~ .2' C Vi'~h\>,' co ~ wo L.I... f'~:~q c5 1\ '" $ II 2005 HUD INCOME GUIDELINES Median Family Income = $72,250 Effective February 11, 2005 1 $16,350 $27,250 $40,600 2 $18,700 $31,150 $46,400 3 $21,050 $35,050 $52,200 4 $23,350 $38,950 $58,000 5 $25,250 $42,050 $62,650 6 $27,100 $45,200 $67,300 7 $29,000 $48,300 $71,900 8 $30,850 $51 ,400 $76,550 05inclimits C-IO King County Housing Repair Repayment History Repayments (Received prior Repayment % Year Allocation year) of Alloc 2005 $ 62,185.00 $ 47,319.00 76% 2004* $ 145,357.00 $ 165,634.00 114% 2003 $ 120,000.00 $ 81,968.00 68% 2002 $ 120,000.00 $ 104,612.00 87% 2001 $ 120,000.00 $ 40,286.00 34% 2000 $ 140,000.00 $ 79,506.00 57% 1999 $ 140,000.00 $ 50,797.00 36% 1998 $ 170,000.00 $ 31,537.00 19% Total $ 1,017,542.00 $ 601,659.00 59% Households Avg Cost per Allocation Assisted HH 2004* $ 145,357.00 39 $ 3,727.10 2003 $ 120,000.00 28 $ 4,285.71 2002 $ 120,000.00 27 $ 4,444.44 2001 $ 120,000.00 28 $ 4,285.71 2000 $ 140,000.00 20 $ 7,000.00 5 Year Total $ 645,357.00 142 $ 4,544.77 * Original Allocation $94,669; Reallocations of $33,063 & $17,625 from project cancellations and underruns for a total 2004 allocation of $145,357. [:-1\ . City of Federal Way Notice of Project Cancellation & Reallocation of Community Development Block Grant (CDBG) Funds PUBLIC NOTICE IS HEREBY GIVEN that the City of Federal Way is proposing to cancel Project No. C05027, Senior Nutrition and Health Improvements for the New Federal Way Community Center, in the vicinity of 1095 S 324th St, Federal Way, that was awarded $89,825 in 2005 Community Development Block Grant (CDBG) Funds. The applicant has canceled this project. NOTICE OF REALLOCATION: The City of Federal Way is proposing to reallocate the $89,825 from the above cancelled project per the 2005 Contingency Plan to the following projects: $87,815 to the King County Housing and Community Development Federal Way Housing Repair Program (C03633 & C03519) to provide the following housing repair services for qualifying low- and moderate-income residents of Federal Way for: a) interest free deferred payment loans (up to 80% of median income); b) matching funds program (up to 80% of median income); c) grants up to $3,000 for emergency repairs to low-income homeowners (up to 50% of median income); and d) grants up to $5,000 for emergency repairs to mobile homes owned by low-income persons. $2,010 to the Boys and Girls of King County, Federal Way Youth Development Center Project (C04128) in Federal Way at 31455 28th Avenue South, Federal Way. CDBG funds will be used to construct a 16,000 sq. ft. community facility dedicated to teen programming that will serve low- and moderate-income residents from Federal Way and other communities. Detailed information about the proposed project cancellation and reallocation is available for review during regular business hours at the Department of Community Development-Human Services Division (33325 8th Ave S, Federal Way). The public is invited to comment on this proposed change by submitting written comments to: City of Federal Way, Attn: Kelli O'Donnell, P.O. Box 9718, Federal Way, WA 98063-9718. Written comments will be accepted until 5:00 p.m. on Tuesday, August 30,2005. For further information regarding Federal Way's CDBG program, please contact Kelli O'Donnell, CDBG Coordinator, at (253) 835-2653. For TDD relay service call 1-800- 833-6388ffDD or 1-800-833-6384/voice. 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MEETING DATE: September 6, 2005 TTEM# Y(h) / CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: PARKS & RECREATION COMMISSION APPOINTMENT (uncxpired term) CATEGORY: BUDGET IMP ACT: 0 CONSENT 0 ORDINANCE Amount Budgeted: $ 0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ [2J CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $ ATTACHMENTS: None SUMMARYfBACKGROUND: As a result ofthe recent resignation of a Parks & Recreation Commissioner, it is ncccssary to name a replacement from thc commission's currcnt roster of alternates. CITY COUNCIL COMMITTEE RECOMMENDATION: N/ A PROPOSED MOTION: I move the appointmcnt of Maric Sciacqua as a voting member ofthc Parks & Recreation Commission, to fill thc unexpired term of Commissioner Joe Henry through April 30, 2006. (The City Clerk will arrange for introduction and presentation of the ccrtificate of appointment for the ncw appointee at the September 20th regular mccting) ~ ~~~~~::;:~~~~~,. [~ :Qd=. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE] COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 1ST d. ~"'''''~''_.''-,-'~-- DENIED rea lUg 0 T ABLE))/DEFERRED/NO ACTION Enactment reading "'U 0 MOVED TO SECOND READING (ordinances onM ORDINANCE # ..~.,,~.~_.~w,,_..~~~ RESOLUTION # REVISED - 05/10/2001 MEETING DATE: September 6, 2005 ITEM#'li (L) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Klahanee Lake Community/Senior Center Sale and Lease Back CA TEGORY: BUDGET IMP ACT: 0 CONSENT 0 ORDINANCE Amount Budgetcd: $ 0 RESOLUTION 0 PUBLIC HEARING Expenditurc Amt.: $ X CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $ A TT ACHMENTS: I) Purchase and Sale Agreement; 2) Lease Agreement SUMMARYIBACKGROUND: The City has budgctcd $800,000 of the sales procecds from Klahance Lake Comillunity/Senior Center (KLCC) for the new center now under construction. To ensure the necessary funds are available for the ncw center and in consideration of the favorable real estate market, the Council reviewed and considered the pros and cons to determine if the City should market the KLCC now, or wait until the new center is completed. Part of the discussion was on the potential cost of leasing the KLCC back should the transaction occur prior to the new ccnter's completion. After factoring in markct conditions, timing of available funds, and cost to lease, thc City determined that the building should hc marketed now. After reaching that conclusion, the City declared the KLCC surplus from City use and conducted a public hearing on May 3rd to receive public comment. The City received an unsolicited offer on June ill. The attached Purchase and Salc Agrccment and the Lease Back Agreement arc the results of subsequent negotiations. The Purchase & Sale is contingent upon the buyer's inspection of the building and ability to obtain financing within a 75-day period. Closing is to occur within 30 days atter removal of inspection and financing contingencics. The purchase price is $1.1 million, $60,000 earnest money, and the City is to pay sales commission and customary costs at closing. The City will lease the building back from the Purchaser, starting from the date of closing, at $8,500 per month up to July 3 I, 2007. 'rhe lease is 11rm up to December 31, 2006. The City may tcrminate the lease upon 60 days notice after December 31, 2006. This will provide sufficient flexibility to meet the projected "rcadiness" date ror thc ncw community/senior center, currently projected towards the cnd of the first quarter of 2007. Due to the nature of its business, the Purchaser is requesting the City to give them certain use-time during this lease back period. The Agreement also specifies the terms of that use. CITY COUNCIL COMMITTEE RECOMMENDATION: N/ A. PROPOSED MOTION: "I move to a ~e the attached Purchase and Sale Agreement and Lease Agreement, and authorize the City Manager or his desi ee to xecute the ec sary, documents to complete the transaction." CITY MANAGER APPRO V AL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: COUNCIL BILL # 0 APPROVED 1ST d" rea mg -_. 0 DENIED Enactment reading 0 T ABLEDfDEFERRED/NO ACTION ORDINANCE # 0 MOVED TO SECOND READING (ordinances only) RESOLUTION # -- REVISED - 05/10/2001 GVA Kidder Mathews GV A Kidder Mathews @Copyright 1999 ~ 1201 Pacific Avenue, Suite 1400 Commercial Brokers Association Worldwide Ileal Estate Solutio". Tacoma, WA 98402 All Rights Reserved Phone: (253) 383-5693 CBA Form PS-1 A Fax: (253) 572-2648 Purchase & Sale Agreement Rev. 9/03 Page 1 of 12 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT This has been prepared for svbmission to Xour attorney for review and approval prior to signing. No representation is made by licensee as to its sufficiency or tax conseqvences CBA Text DiSClaimer: Text deleted by licensee indicated by strike. New text inserted by licensee indicated by small capital letters. RR/mas/seaflrstlKrismunando PS-1 A.8IOS Date: Auqust 1, 2005 The undersigned Buyer, Budi Krismunando and/or assiqns, agrees to buy and Seller agrees to sell, on the following terms, the commercial real estate and all improvements thereon (collectively, the "Property") commonly known as Klahanie Lake Community Center, located at 33901 9th Avenue South in the City of Federal Way, King County, Washington, legally described on attached Exhibit A. (Buyer and Seller authorize the Listing Agent or Selling Licensee to insert and/or correct, over their signatures, the legal description of the Property.) 1. PURCHASE PRICE. The total purchase price is One Million One Hundred Thousand and No/100 Dollars ($1.100.000.00), including the earnest money, payable as follows (check only one): o All cash at closing. including the earnest money, with no financing contingency. C8l All cash at closing, including the earnest money, contingent on new financing under Section 4a below. o $---f~ % of tho purch:1so price in cash ~t elosing, inoli:Jding the ~amest monoy, with tho b~J:lFlOO of the pI:Jrch3se prieo {}aid as follows (sheck gFle or hsth-, 86 applicahle): 0 &wor's assumption of .:lI7Y unGiorlying noto .:lI7d cIooQ of trust, or fOal oslato contf::Jct, uFloor $oction 4b bolow; 0 Bl:Jror's dQli\'ef}' ::Jt cloBing of 3 fiJ.%>missory (-ww for the b::J/::Jnoo of tho pl:J....ohaso pdco, socured by :1 floeQ of t....ust encumboriAg tho P-roporty, as describod in Soction 40 bolow. o Other:_. 2. EARNEST MONEY. Buyer agrees to deliver the earnest money $60.000.00 in the form of 123 $30,000.00 IN THE FORM OF Cash 0 Personal check C8l $30,000.00 IN THE FORM OF A Promissory note 0 Other:_ If the earnest money is in the form of a promissory note, it shall be due no later than: o _ days after mutual acceptance. 123 Upon removal of the inspection contingencies in Section 5 below AN ADDITIONAL THIRTY THOUSAND AND No/l00 DOLLARS ($30,000.00) WILL BE CONVERTED FROM NOTE TO CASH. o Other:_. The earnest money shall be held by o Selling Licensee 123 Closing Agent. Buyer shall deliver the earnest money no later than: 123 Ten (10) days after mutual acceptance THIRTY THOUSAND AND No/100 ($30,000.00) WILL BE DEPOSITED AT THE . TITLE COMPANY. o Upon romov:J..' of tho iAspoction f)QF/tfAgoncies in Soct!OA a below. o Other:_. Selling Licensee may, however, transfer the earnest money to Closing Agent. If the earnest money is to be held by Selling Licensee and is over $10,000. it shall be deposited to: 0 Selling Licensee's pooled trust account (with interest paid to the State Treasurer) o A separate interest bearing trust account in Selling Licensee's name. The interest, if any, shall be credited at closing to Buyer whose Social Security or taxpayer 10 Number is: _' If this sale fails to close, whoever is entitled to the earnest money is entitled to interest. INITIALS: Buyer Date Seller Date Buyer Date Seller Date .- ------------- (:~y~ Kid~~~l~~:~~~~~,~ GV A Kidder Mathews @ Copyright 1999 CB(" 1201 Pacific Avenue, Suite 1400 Commercial Brokers Association Tacoma, WA 98402 All Rights Reserved Phone: (253) 383-5693 CBA Form PS.1A Fax: (253) 572.2648 Purchase & Sale Agreement Rev. 9/03 COMMERCIAL & INVESTMENT REAL ESTATE Page 2 of 12 PURCHASE & SALE AGREEMENT Selling Licensee shall deposit any check to be held by Selling licensee within 3 days after receipt or mutual acceptance, whichever occurs later. Buyer agrees to pay financing and purchase costs incurred by Buyer. If all or part of the earnest money is to be returned to Buyer and any such costs remain unpaid, Selling Licensee or Closing Agent may deduct and pay them therefrom. Unless otherwise provided in this Agreement, the earnest money shall be applicable to the purchase price and shall be non-refundable except where a condition to Buyer's obligation under this Agreement is not satisfied through no fault of Buyer. 3. EXHIBITS AND ADDENDA. The following Exhibits and Addenda are made a part of this Agreement: Exhibit A - Legal Description I:8J Earnest Money Promissory Note, CBA Form EMN o Promissory Note, LPB Form No. 28A1CBA Form N1-A o Short Form Deed of Trust, LPB Form No. 20 o Deed of Trust Rider, CBA Form OTR o Utility Charges Addendum, CBA Form UA o FIRPT A Certification, CBA Form 22E o Assignment and Assumption, CBA Form PS-AS o Addendum/Amendment, CBA Form PSA o Back.Up Addendum, CBA Form BU.A o Vacant Land Addendum, CBA Form VLA I:8J Other Lease for Citv of Federal Way o Other "-- 4. FINANCING. a. Application for New Financing. If payment of the purchase price is contingent on Buyer obtaining new financing, then Buyer's obligation to close is conditioned upon Buyer accepting a written commitment for financing. Buyer will not reject those terms of a commitment which provide for a loan amount of at least N/A or N/A% of the purchase price, interest not to exceed N/A percent (N/A%) per annum, a payment schedule calling for monthly payments amortized over not less than N/A (N/A) years, and total placement fees and points not more than N/A percent (N/A%) of the loan amount. Buyer shall make immediate application for said commitment, pay required costs and make a good faith effort to procure such financing. This Agreement shall terminate and Buyer shall receive a refund of the earnest money unless Buyer gives Seller written notice that this condition is satisfied or waived on or before seventY-five @) days (60 days, if not completed) following mutual acceptance of this Agreement. b. Auumptkm sf lixisting Finanslng. If paym9At gf the p/;/rM:J.so prfco includos Buyor's assYmption of:3 nota :J.Ad morl{pgs er deod of trust, or a !oal 06taw eOAtr:J.et, SeU.()r sha!! promptly doliVf)r to 13lJyor a copy of tho undertY!FI€} debt iFlstrlJmOAt(s) to bo assumed, and Buyor shaH bo d()emod to ha'/o approvod al! of tho tfJ(FRS of tho d()bt iFlstf/;/FReAt(s} l:J(!j!oss SlJ}'()r gi\'(JS FlOOO9 of dis:J.pprov:J.1 vlithfn five (a) days :1#9( receiving such instr/;/FRont(s). tf :J.ny of tho oobt !AStflJFReAt(s) rOE/uiros the OOASOAt of a third party w tho :J.ss/;/mptioFl b}' Suror, thoA S/;/yor sh:J.!! :J.pp!y fg( sugh 9gASont withf.l:l SO\'()A (7) daj's :J.(;U)r roceMng tho dabt instrl:JmeAt(s). UpgA SUYfJr's roquost, So/Jar shall assist BlJ)'er by roquosting tho third {Xlrty's eOAsoAt to tho assumption on Buyor's boh:J.Jt. This Agrooment shall t{)rmin:J.to :lAd SU}'fJr sha!! (Oeeh'f) a .<:()fl:JAd sf tho earnost meJAo}' UFI.IOSS liiuj'sr €Iiw)s Sellar Wl"it-ton notioo with!A _ (---.J fJ:J.j's (3Q d:1ys, if not complotod) of reeei\'iFl€l the debt instrumont(s) st{ltiFlg tA3t such COf/sont is :J.vs.ilablo. Buyor sh:J.!t (Xl)' :J.fl}' ass/JmptioA (;oas Gr othor out of pockot exponsos :J.ttribuf3bJo to tho :J.ssumption of the uFldorlying indobtodno6s. e. Sellsr FIn3F1Ging. If Soller is fiAG1F1GJiRg a portion of tho purch:J.so priGJe by promissGJ(Y nota and dood of trust, I:J(!jkJss ditkJront forms 3.ro :J.tkJchod to this Agroomont, f1./J}'or sAat! oxocut{) :J.nd soom!t to tho C!osiFIfJ Agont: (i) LPB Form No. 2$/\ Promissory Noto :J.nd tho DUE ON SALE :J.nd COMMERCIAL PROPERTY sptiGJFl::J1 GJlausos in that form shall apply; (ii) UCC 1 Fif.l:J.AsfAg St~tomaAt cGwfJring tho porsona! proporty doscrJGod iA Socf.ion 14 bet f)""'; (iii) LPB Form NCJ. 2() Short FfJrm Dead of n"ust; :J.nd (iv) CliJA FCJrm Ng. DTR Deed of Trust Rfdor. Tho INITIALS: Buyer Dale Seller _._. Dale Buyer Date Seller Date ii;~t':"'GVA Kidder Mathews GV A Kidder Mathews @Copyright 1999 ~ 1201 Pacific Avenue, Suite 1400 COmmercial Brokers Association "'>,CC.;.:",,,,,,,,,,... W".ldwlde Real Ed.te Solutio". Tacoma, WA 98402 All Rights Reserved Phone: (253) 383.5693 CBA Form PS-1A Fax: (253) 572-2648 Purchase & Sale Agreement Rev. 9/03 COMMERCIAL & INVESTMENT REAL ESTATE Page 3 of 12 PURCHASE & SALE AGREEMENT promissory nota sha.l1 boar intorost at tho r::lto of % pDr annum, and sAa!.' /;)0 payabffJ as follows (choose one): 0 monthly iRstaUmonts of intorfJst only, 0 monthly instaJ!monts of $ , 0 oquaI mont-hty installmonts of principal ::md intgffJst fn :m amouRt s/;/fficiont to fl:Jl!y amortize tho outstanding WJACip::l! ba/aAf:O at tho stat.ed !ntorost ratc) I:wor _ yoars, 0 othor _ . paymonts sh3.11 commonco on tho first day of tho first month after Glesing and r;:ontinuing on tho samo day of 9::lch succoodfng month UAf.iI (,;110069 ORe): 0 mOAths from tho dato of etosing, 0 othor , on I'/Aioh rota :J,I! G)l:JtsKlnd!Ag principal and intorost shojI bo duo. Tho principal shal!, at Soli or's option, bear intOFOst ::It tho r3.tD of % po,. annum (18'?( or tho maximum rata allol//Od by law, whichewJr is loss, if not tiftod in) chrlng aAY poriod of [j./;/j'Or's cIofauft. .If Sollor roco!~'Os any monthly paymont mora tf:1::m _ roys (15 roys if not 'iJlod !A) ::Iftor its d/Jo d::lto, thon 3 !:lto paymont f:h::lrgo of $_.~ % of the ooJinquont amount (5':( Qf tho do!inq/;/ont amount jf not Wod in) s/:1::111 bo 3.dded to tho sotlooo!od p::lymcJAt. EiJ/;/yor sha/l h3vo _ d3.JiS (5 days if not fifJod in) ::lftor writtoA notico to GW~O a dof:Jult bofora SeNor may doooro ::IN outst{Jf.)ding s/Jms to /;)0 immQdiatoly duo and pCl}"ab!o. (Nolo to BUj'{)r aAd Soli or: If tho Proporty is curroAt/;' I:Jsod prim3.riJ)' for 3f}r!eultur::l! purp()Sos, thon 3 nQAjudiGial fomoosurafforfoituffJ F()mody is ::IWli1aeJe tGJ Sollor of/ly by JJsing a r€J:J! Bst::lto contract and is not :1vai!ab,lQ \'.1th a oo()d of trust.) d. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1 031 like~kind exchange, then the other party agrees to cooperate in the completion of the like-kind exchange so long as the cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys fees and costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating party at or prior to closing. 5. INSPECTION CONTINGENCY. This Agreement shall terminate and Buyer shall receive a refund of the earnest money unless Buyer gives written notice to Seller within seventy-five (75) days (20 days if not filled in) of mutual acceptance of this Agreement stating that Buyer is satisfied, in Buyer's reasonable discretion, concerning all aspects of the Property, including without limitation, its physical condition; the presence of or absence of any hazardous substances; the contracts and leases affecting the property; the potential financial performance of the Property; the availability of government permits and approvals; and the feasibility of the Property for Buyer's intended purpose. If such notice is timely given, the inspection contingencies stated in this Section 5 shall be deemed to be satisfied. 8. Books, Records, Leases, Agreements. Seller shall make available for inspection by Buyer and its agents as soon as possible but no later than ten (10) days after mutual acceptance of this Agreement all documents available to Seller relating to the ownership, operation, renovation or development of the Property, including without limitation: statements for real estate taxes, assessments, and utilities; property management agreements, service contracts, and agreements with professionals or consultants entered Into by the Seller or any predecessor in title to the Seller; leases of personal property or fixtures; leases or other agreements relating to occupancy of all or a portion of the Property and a schedule of tenants, rents, and deposits; plans. specifications, permits, applications, drawings, surveys, studies and maintenance records; and accounting records and audit reports. Buyer shall determine within the contingency period stated in the preceding introductory paragraph whether it wishes and is able to assume, as of closing, all of the foregoing leases, contracts, and agreements which have terms extending beyond closing. Buyer shall be solely responsible for obtaining any required consents to such assumption. Seller shall transfer the leases, contracts and agreements as provided in Section 17 of this Agreement. b. Access. Seller shall permit Buyer and its agents, at Buyer's sole expense and risk to enter the Property at reasonable times after legal notice to tenants, to conduct inspections concerning the Property and improvements, including without limitation, the structural condition of improvements, hazardous materials (limited to a Phase I audit only), pest infestation, soils conditions, sensitive areas, wetlands, or other matters affecting the feasibility of the Property for Buyer's intended use. Buyer shall schedule any entry onto the Property with Seller in advance. Buyer shall not perform any invasive testing or contact the tenants without obtaining the Seller's prior written INITIALS: Buyer Date~___",._ Seller Date Buyer Date Seller Date GVA Kidder Mathews GV A Kidder Mathews @Copyright 1999 ~ 1201 Pacific Avenue, Suite 1400 Commercial Brokers Association Wo,tdwid. R.~I blal. Solutlpns Tacoma, WA 98402 All Rights Reserved Phone: (253) 383-5693 CBA Form PS-1A Fax: (253) 572-2648 Purchase & Sale Agreement Rev_ 9/03 COMMERCIAL & INVESTMENT REAL ESTATE Page 4 of 12 PURCHASE & SALE AGREEMENT consent, which shall not be unreasonably withheld. Buyer shall restore the Property and improvements to the same condition they were in prior to inspection. Buyer agrees to indemnify and defend Seller from all liens, costs, claims, and expenses, including attorneys' and experts' fees, arising from or relating to entry onto or inspection of the Property by Buyer and its agents. This agreement to indemnify and defend Seller shall survive closing. Buyer may continue to enter the Property and interview tenants in accordance with the foregoing terms and conditions after removal or satisfaction of the inspection contingency only for the purpose of re-sale, leasing or to satisfy conditions of financing. 6. TITLE INSURANCE. 8. Title Report. Seller authorizes Lender and Listing Agent, Selling Licensee or Closing Agent, at Seller's expense, to apply for and deliver to Buyer a 18I standard 0 extended (standard, if not completed) coverage owner's policy of title insurance. If an extended coverage owner's policy i,s specified, Buyer shall pay the increased costs associated with that policy including the excess premium over that charged for a standard coverage policy, and the cost of any survey required by the title insurer. The title report shall be issued by First American Title Comoanv. b. Permitted Exceptions. Buyer shall notify Seller of any objectionable matters in the title commitment or any supplemental report within ten (10) days after receipt of such commitment or supplement. This Agreement shall terminate and Buyer shall receive a refund of the earnest money, less any costs advanced or committed for Buyer, unless (a) within ten (10) days of Buyer's notice of such objections, Seller agrees to remove all objectionable provisions. or (b) within fifteen (15) days after Buyer's notice of such objections, Buyer notifies Seller in writing that it waives any objections which Seller does not agree to remove. The closing date shall be extended to the extent necessary to permit time for these notices. Those provisions not objected to or for which Buyer waived its objections shall be referred to collectively as the "Permitted Exceptions." The title policy shall contain no exceptions other than the General Exclusions and Exceptions common to such form of policy and the Permitted Exceptions. 7. CLOSING OF- SALE. This sale shall be closed on or before thirty (30) days after removal of all continaencies, ...........:- ("closing") by _ ("Closing Agent"). Buyer and Seller will, immediately on demand, deposit with Closing Agent all instruments and monies required to complete the purchase in accordance with this Agreement. "Closing" shall be deemed to have occurred when all documents are recorded and the sale proceeds are available to Seller. Time is of the essence in the performance of this Agreement. 8. CLOSING COSTS. Seller shall pay the excise tax and premium for the owner's standard coverage title policy. Seller and Buyer shall each pay one-half of the escrow fees_ Real and personal property taxes and assessments payable in the year of closing; rents on any existing tenancies; interest; mortgage reserves; utilities; and other operating expenses shall be pro-rated as of closing. Buyer shall pay all costs of financing including the premium for the lender's title policy. Security, cleaning, and any other unearned deposits on tenancies, and remaining mortgage or other reserves shall be assigned to Buyer at closing. The realestate commission is due on closing or upon Seller's default under this Agreement, whichever occurs first, and neither the amount nor due date thereof can be changed without Listing Agent's written consent. a. Unpaid Utility Charges. Buyer and Seller ~ WAIVE o DO NOT WAIVE the right to have the Closing Agent disburse closing funds necessary to satisfy unpaid utility charges affecting the Property pursuant to RCW 60.80. If "do not waive" is checked, then attach CBA Form UA ("Utility Charges" Addendum). If neither box is checked, then the "do not waive" option applies. 9. POST-CLOSING ADJUSTMENTS, COLLECTIONS, AND PAYMENTS. After closing, Buyer and Seller shall reconcile the actual amount of revenues or liabilities upon receipt or payment thereof to the extent those items were prorated or credited at closing based upon estimates. Any bills or invoices received by Buyer after closing which relate to services rendered or goods delivered to the Seller or the Property prior to closing shall be paid by Seller upon presentation of such bill or invoice. At Buyer's option, Buyer may pay such bill or invoice and be reimbursed the amount paid plus interest at the rate of 12% per annum beginning fifteen (15) days from the date INITIALS: Buyer Date Seller Date Buyer Date Seller Date ~"~GVA Kidder Mathews GV A Kidder Mathews @Copyright 1999 <W /1"%_"">,,,,,;;;.,,,,,., Worldwide Re~1 Estate Solutio". 1201 Pacific Avenue, Suite 1400 Commercial Brokers Association Tacoma, WA 98402 All Rights Reserved Phone: (253) 383-5693 CBA Form PS-1A Fax: (253) 572-2648 Purchase & Sale Agreement Rev, 9/03 COMMERCIAL & INVESTMENT REAL ESTATE Page 5 of 12 PURCHASE & SALE AGREEMENT of Buyer's written demand to Seller for reimbursement until such reimbursement is made. Rents collected from each tenant after closing shall be applied first to rentals due most recently from such tenant for the period after closing, and the balance shall be applied for the benefit of Seller for delinquent rentals owed for a period prior to closing. The amounts applied for the benefit of Seller shall be turned over by Buyer to Seller promptly after receipt. 10. OPERATIONS PAIOR TO CLOSING. Prior to closing, Seller shall continue to operate the Property in the ordinary course of its business and maintain the Property in the same or better condition than as existing on the date of mutual acceptance of this Agreement, but shall not be required to repair material damage from casualty except as otherwise provide in this Agreement. Seller shall not enter into or modify existing rental agreements or leases (except that Seller may modify or terminate residential rental agreements or leases in the ordinary course of its business), service contracts, or other agreements affecting the Property which have terms extending beyond closing without first obtaining Buyer's consent, which shall not be unreasonably withheld. 11. POSSESSION. Buyer shall be entitled to possession, subject to existing tenancies (if any), [8J on closing 0 _ (on closing, if not completed), SUBJECT TO THE CITY'S TENANCY. 12. SELLER'S REPRESENTATIONS AND WARRANTIES. Seller represents and warrants to Buyer that, to the best of Seller's knowledge, each of the following is true as of the date hereof and shall be true as of closing: (a) Seller is authorized to enter into the Agreement, to sell the Property, and to perform its obligations under the Agreement; (b) All bOOKS, mcords, 1036 OS, agr.oomonts :.md othor items dotiwJ(od tQ Buyor pl:lfSI,Kmt to this Agroomont .1ro 3GCur$lt9 :J.nd cemp'/6>to; (c) The Property and the business conducted thereon comply with all applicable laws, regulations, codes and ordinances; (d) Seller has all certificates of occupancy, permits, and other governmental consents necessary to own and operate the Property for its current use; (e) There is no pending or threatened litigation which would adversely affect the Property or Buyer's ownership thereof after closing; (f) There are no covenants, conditions, restrictions, or contractual obligations of Seller which will adversely affect Buyer's ownership of the Property after closing or prevent Seller from performing its obligations under the Agreement, except as disclosed In the preliminary commitment for title insurance or as otherwise disclosed to Buyer in writing prior to the end of the inspecting contingency stated In Section 5 above; (g) There is no pending or threatened condemnation or similar proceedings affecting the Property, and except as otherwise disclosed in the preliminary commitment for title insurance as or otherwise disclosed to Buyer in writing prior to closing, the Property is not within the boundaries of any planned or authorized local improvement district; (h) Seller has paid (except to the extent prorated at closing) all local, state and federal taxes (other than real and personal property taxes and assessments described in Section 8 above) attributable to the period prior to closing which, if not paid, could constitute a lien on Property (including any personal property), or for which Buyer may be held liable after closing; and (i) Seller warrants that there are no pending or threatened notices of violation of building, zoning, or land use codes applicable to the Property; and G) Seller is not aware of any concealed material defects in the Property except: None. Seller makes no representations or warranties regarding the Property other than those specified in this Agreement, Buyer otherwise takes the Property "AS IS," and Buyer shall otherwise rely on its own pre- closing Inspections and investigations. 13. HAZARDOUS SUBSTANCES. Except as disclosed to or known by Buyer prior to the satisfaction or waiver of the inspection contingency stated in Section 5 above, Seller represents and warrants to Buyer that, to the best of its knowledge: (i) there are no Hazardous Substances (as defined below) currently located in, on, or under the Property in a manner or quantity that presently violates any Environmental Law (as defined below); (ii) there are no underground storage tanks located on the Property; and (iii) there is no pending or threatened investigation or remedial action by any governmental agency regarding the release of Hazardous Substances or the violation of Environmental Law at the Property. As used herein, the term "Hazardous Substances" shall mean any substance or material now or hereafter defined or regulated as a hazardous substance, hazardous waste, toxic substance, pollutant, or contaminant under any federal, state, or local law, regulation, or ordinance governing any substance that could cause actual or suspected harm to human health or the environment ("Environmental Law"). The term INITIALS: Buyer Date Seller Date Buyer Date Seller Date GVA Kidder Mathews GV A Kidder Mathews @Copyright 1999 ~ 1201 Pacific Avenue, Suite 1400 Commercial Brokers Association W",ldwi:de R..I Eo,.l. S"lull",.. Tacoma, WA 98402 All Rights Reserved Phone: (253) 383-5693 CBA Form PS-1A Fax: (253) 572-2648 PurChase & Sale Agreement Rev. 9/03 COMMERCIAL & INVESTMENT REAL EST A TE Page 6 of 12 PURCHASE & SALE AGREEMENT "Hazardous Substances" specifically includes, but is not limited to, petroleum, petroleum by-products, and asbestos. 14. PERSONAL PROPERTY. a. This sale includes all right, title and interest of Seller to the following tangible personal property: o None [81 That portion of the personal property located on and used in connection with the Property, which Seller will itemize in an Addendum (EXHIBIT B) to be attached to this Agreement within ten (1 O) days of mutual acceptance (None, if not completed). Tho ~':l!IJ(J assignod to lAQ porsanal proparly shall bQ tAQ :lmount agmad upon by tho /Xlrlios ::md-, if thoy cannelt :lfJroo, tho Cell:lntj' :lssassod wl/ua if 3\'3i1:lb!o, :lAd if ACJt :l\'-.1i!ab!o, tho fair markot valuo doterminod by :1n appr:lisQr s%ctad D)' thQ Listing Agont :Jnd Sa.ll!Flg LiCQASDO. SaIlor warrants titlo to, but not the CSAditfof/ of, tho porsof/:l! PFDfJarty and shalf SOf/'.1.fo/ it by bill af salo. BUYQr ShCl!l p::w any &:1106 or uso tax arising from tho ((3Aster of tho parsaAClJ p:'oporly. b. In addition to the leases, contracts and agreements assumed by Buyer pursuant to Section Sa above, this sale includes all right, title and interest of Seller to the following intangible property now or hereafter existing with respect to the Property including without limitation: all rights-of-way, rights of ingress or egress or other interests in, on, or to, any land, highway, street, road, or avenue, open or proposed, in. on, or across, in front of, abutting or adjoining the Property; all rights to utilities serving the Property; all drawings, plans, specifications and other architectural or engineering work product; all governmental permits, certificates, licenses, authorizations and approvals; all utility, security and other deposits and reserve accounts made as security for the fulfillment of any of Seller's obligations; any name of or telephone numbers for the Property and related trademarks. service marks or trade dress; and guaranties. warranties or other assurances of performance received. 15. CONDEMNATION AND CASUALTY. Buyer may terminate this Agreement and obtain a refund of the earnest money, less any costs advanced or committed for Buyer, if improvements on the Property are destroyed or materially damaged by casualty before closing, or if condemnation proceedings are commenced against all or a portion of the Property before closing. 16. FIRPT A - TAX WITHHOLDING AT CLOSING. Closing Agent is instructed to prepare a certification (CBA or NWMLS Form 22E, or equivalent) that Seller is not a "foreign person" within the meaning of the Foreign Investment in Real Property Tax Act. Seller agrees to sign this certification. If Seller is a foreign person, and this transaction is not otherwise exempt from FIRPT A, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 17. CONVEYANCE. Title shall be conveyed by a Statutory Warranty Deed subject only to the Permitted Exceptions. If this Agreement is for conveyance of Seller's vendee's interest in a Real Estate Contract, the Statutory Warranty Deed shall include a contract vendee's assignment sufficient to convey after acquired title. At closing, Seller and Buyer shall execute and deliver to Closing Agent CBA Form No. PS~AS Assignment and Assumption Agreement transferring all leases, contracts and agreement~ assumed by Buyer pursuant to Section Sa and all intangible property transferred pursuant to Section 14b. 18. NOTICES AND COMPUTATION OF TIME. Unless otherwise specified, any notice required or permitted in, or related to, this Agreement (including revocations of offers and counteroffers) must be in writing. Notices to Seller must be signed by as least one Buyer and must be delivered to Seller and Listing Agent. A notice to Seller shall be deemed delivered only when received by Seller, Listing Agent, or the licensed office of Listing Agent. Notices to Buyer must be signed by at least one Seller and must be delivered to Buyer and Selling Licensee. A notice to Buyer shall be deemed delivered only when received by Buyer, Selling Licensee, or the licensed office of Selling Licensee. Selling Licensee and Listing Agent have no responsibility to advise of receipt of a notice beyond either phoning the party or causing a copy of the notice to be delivered to the party's address on this Agreement. Buyer and Seller must keep Selling Licensee and Listing Agent advised of their whereabouts to receive prompt notification of receipt of a notice. INITIALS: Buyer Date _ Seller Date Buyer Date Seller____. Date f/t"GVA Kidder Mathews GV A Kidder Mathews @ Copyright 1999 ~ ~*'1:"""'''''<'''''' Worldwide Real htale $olullolll 1201 Pacific Avenue, Suite 1400 Commercial BroKers Association Tacoma, WA 98402 All Rights Reserved Phone: (253) 383-5693 CBA Form PS-1A Fax: (253) 572-2648 PurChase & Sale Agreemenl Rev, 9/03 COMMERCIAL & INVESTMENT REAL ESTATE Page 7 of 12 PURCHASE & SALE AGREEMENT Unless otherwise specified in this Agreement, any period of time in this Agreement shall begin the day after the event starting the period and shall expire at 5:00 p.m. Pacific time of the last calendar day of the specified period of time, unless the last day is a Saturday, Sunday or legal holiday as defined in RCW 1.16.050, in which case the specified period of time shall expire on the next day that is not a Saturday, Sunday or legal holiday. Any specified period of five (5) days or less shall not include Saturdays, Sundays or legal holidays. 19. AGENCY DISCLOSURE. At the signing of this Agreement, Selling Licensee Russ Rodoers. of GVA Kidder Mathews. (Insert names of Licensee and the Company name as licensed) represented both Buyer and Seller (Insert Seller, Buyer, both Seller and Buyer or Neither Seller nor Buyer) and the Listing Agent Mark Clirehuoh, SIGR, CCIM, of GVA Kidder Mathews. (Insert names of Licensee and the Company name as licensed) represented both Buyer and Seller (Insert Seller, Buyer, both Seller and Buyer or Neither Seller nor Buyer) If Selling Licensee and Listing Agent are different salespersons affiliated with the same Broker, then Seller and Buyer confirm their consent to Broker acting as a dual agent. If Selling Licensee and Listing Agent are the same person representing both parties, then Seller and Buyer confirm their consent to that person and his/her Broker acting as dual agents, If Selling Licensee, Listing Agent, or their Broker are dual agents, then Seller and Buyer consent to Selling Licensee, Listing Agent and their Broker being compensated based on a percentage of the purchase price or as otherwise disclosed on an attached addendum. Buyer and Seller confirm receipt of the pamphlet entitled "The Law of Real Estate Agency," 20. ASSIGNMENT. Buyer [8] may D may not (may not, if not completed) assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, unless provided otherwise herein. 21. DEFAULT AND ATTORNEY'S FEE. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then (check one): o that portion of the earnest money which does not exceed five percent (5%) of the purchase price shall be kept by Seller as liquidated damages (subject to Seller's obligation to pay certain costs or a commission, if any) as the sole and exclusive remedy available to Seller for such failure; or [8J Seller may, at its option, (a) keep as liquidated damages all of the earnest money (subject to Seller's obligation to pay certain costs or a commission, if any) as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue any other rights or remedies available at law or equity. If Buyer or Seller institutes suit concerning this Agreement, the prevailing party is entitled to reasonable attorneys' fees and expenses. In the event of trial, the amount of the attorney's fee shall be fixed by the court. The venue of any suit shall be the county in which the Property is located, and this Agreement shall be governed by the laws of the state where the Property is located. INITIALS: Buyer Date Seller Date Buyer Date Seller Date "'~-- GV A Kidder Mathews @ Copyright 1999 ~ 1201 Pacific Avenue, Suite 1400 Commercial Brokers Association WOIldwide Real tstale $olllllons Tacoma, WA 98402 All Rights Reserved Phone: (253) 383.5693 CBA Form PS.1 A Fax: (253) 572-2648 Purchase & Sale Agreement Rev. 9/03 COMMERCIAL & INVESTMENT REAL EST A TE Page 80f12 PURCHASE & SALE AGREEMENT 22. MISCELLANEOUS PROVISIONS. a. Complete Agreement. The Agreement and any addenda and exhibits to it state the entire understanding of Buyer and Seller regarding the sale of the Property. There are no verbal or written agreements which modify or affect the Agreement. b. No Merger. The terms of the Agreement shall not merge in the deed or other conveyance instrument transferring the Property to Buyer at closing. The terms of this Agreement shall survive closing. c. Counterpart Signatures. The Agreement may be signed in counterpart, each signed counterpart shall be deemed an original, and all counterparts together shall constitute one and the same agreement. d. Facsimile Transmission. Facsimile transmission of any sigr:led original document, and retransmission of any signed facsimile transmission, shall be the same as delivery of an original. At the request of either party, or the Closing Agent, the parties will confirm facsimile transmitted signatures by signing an original document. 23. ACCEPTANCE; COUNTEROFFERS. Seller has until midnight of September 7, 2005 (if not filled in, the third business day following the last Buyer signature date below) to accept this offer, unless sooner withdrawn. If this offer is not timely accepted, it shall lapse and the earnest money shall be refunded to Buyer. If either party makes a future counteroffer, the other party shall have until 5:00 p.m. on the 7th business day (if not filled in, the second business day) following its receipt to accept the counteroffer, unless sooner withdrawn. If the counteroffer is not timely accepted or countered, this Agreement shall lapse and the earnest money shall be refunded to the Buyer. No acceptance. offer or counteroffer from the Buyer is effective until a signed copy is received by the Seller, the Listing Agent or the licensed office of the Listing Agent. No acceptance, offer or counteroffer from the Seller is effective until a signed copy is received by the Buyer, the Selling Licensee or the licensed office of the Selling Licensee. 24. INFORMATION TRANSFER. In the event this Agreement is terminated, Buyer agrees to deliver to Seller within ten (10) days of Seller's written request copies of all materials received from Seller and any plans, studies, reports, inspections, appraisals, surveys, drawings, permits, application or other development work product relating to the Property in Buyer's possession or control as of the date this Agreement is terminated. 25. CONFIDENTIALITY. Until and unless closing has been consummated, Buyer will treat all information obtained in connection with the negotiation and performance of this Agreement as confidential (except for any information that Buyer is required by law to disclose and then only after giving Seller written notice at least three (3) days prior to the disclosure) and will not use or knowingly permit the use of any confidential information in any manner detrimental to Seller. 26. SELLER'S ACCEPTANCE AND BROKERAGE AGREEMENT. Seller agrees to sell the Property on the terms and conditions herein, and further agrees to pay a commission in a total amount computed in accordance with the listing agreement. If there is no written listing agreement, Seller agrees to pay a commission of ~% UP TO ONE MILLION AND No/100 DOLLARS ($1,000,000.00) AND SIX PERCENT (6%) ON ANY AMOUNT ABOVE ONE MILLION AND No/100 DOLLARS ($1,000,000.00) of the sales price or $1.100.000.00. The commission shall be apportioned between Listing Agent and Selling Licensee as specified in the listing agreement or any co-brokerage agreement. Seller assigns to Listing Agent and Selling Licensee a portion of the sales proceeds equal to the commission. If the earnest money is retained as liquidated damages, any costs advanced or committed by Listing Agent or Selling Licensee for Buyer or Seller shall be reimbursed or paid therefrom, and the balance shall be paid one-half to Seller and one-half to listing Agent and Selling Licensee according to the listing agreement and any co- brokerage agreement. In any action by Listing Agent or Selling Licensee to enforce this Section, the prevailing party is entitled to reasonable attorneys' fees and expenses. Neither Listing Agent nor Selling Licensee are receiving compensation from more than one party to this transaction unless disclosed on an attached addendum, in which case Buyer and Seller consent to such compensation. The Property described in attached Exhibit A, is commercial real estate. Notwithstanding Section 26 above, the pages containing this section, the parties' signatures and an attachment describing the Property may be recorded. INITIALS: Buyer Dale Seller Date Buyer Date Seller Date -- (""CiVA Kidder Mathews GV A Kidder Mathews @Copyright 1999 ~ 1201 Pacific Avenue. Suite 1400 Commercial Brokers Association " "~"'"'''''''''' Worldwld~ R~al Edat~ Solution. Tacoma, WA 98402 All Rights Reserved Phone: (253) 383-5693 CBA Fonn PS-1 A Fax: (253) 572.2648 Purchase & Sale Agreement Rev. 9/03 COMMERCIAL & INVESTMENT REAL ESTATE Page 9 of 12 PURCHASE & SALE AGREEMENT 27. LISTING AGENT AND SELLING LICENSEE DISCLOSURE. EXCEPT AS OTHERWISE DISCLOSED IN WRITING TO BUYER OR SELLER, THE SELLING LICENSEE, LISTING AGENT, AND BROKERS HAVE NOT MADE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE LEGAL EFFECT OF THIS AGREEMENT, BUYER'S OR SELLER'S FINANCIAL STRENGTH, OR THE PROPERTY, INCLUDING WITHOUT LIMITATION, THE PROPERTY'S ZONING, COMPLIANCE WITH APPLICABLE LAWS (INCLUDING LAWS REGARDING ACCESSIBILITY FOR DISABLED PERSONS), OR HAZARDOUS MATERIALS. SELLER AND BUYER ARE EACH ADVISED TO SEEK INDEPENDENT LEGAL AND TAX ADVICE ON THESE AND OTHER MATTERS RELATED TO THIS AGREEMENT. INITIALS: Buyer Date Seller Date -- Buyer Date Seller Date GVAKidderMathews GV A Kidder Mathews @Copyrlght 1999 ~ 1201 Pacific Avenue, Suite 1400 Commercial Brokers Association Wo.ldwld. Il..l hrat. Solutio". Tacoma, W A 98402 All Rights Reserved Phone: (253) 383.5693 CBA Form PS.1A Fax: (253) 572.2648 Purchase & Sale 9/03 Page 10 of 12 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) Buyer Date . Buyer Date , Office Phone Fax No. - Home Phone - Print Buyer's Name Budi Krismunando Buyer's Address 2715 Francis Court SE. Auburn. W A 98092 Selling Office GVA Kidder Mathews Office Phone 253.383.5693 Other Phone 253.722.1423 Fax No. 253.572.2648 Address 1201 Pacific Avenue. 8te. 1400. Tacoma. WA 98402 MLS Office No. _ By Print Name Russ Rodqers Seller Date . Seller Date . Home Phone 253.835.2510 Office Phone Fax No. 253.835.2509 Print Seller's Name The City of Federal Way Seller's Address 33325 8th Avenue South. Federal Way. WA 98063 Listing Agent GV A Kidder Mathews Listing Office Office Phone No. 253.383.5693 Other Phone 253.722.1423 Fax No. 253.572.2648 Address 1201 Pacific Avenue. Ste. 1400. Tacoma. WA 98402 MLS Office No. - 28. BUYER'S RECEIPT. Buyer acknowledges receipt of a Seller signed copy of this Agreement, on .- BUYER BUYER r.~~"' GV A Kidder Mathews C Copyright 1999 ~ ~ Kidder Mathews , - - -- -, Worldwide Rel' Estllla Slllutlons 1201 Pacific Avenue, Suite 1400 Commercial Brokers Association Tacoma, WA 98402 All Rights ReseNed Phone: (253) 383-5693 CBA Form PS.1A Fax: (253) 572-2648 Purchase & Sale Agreement Rev. 9/03 COMMERCIAL & INVESTMENT REAL ESTATE Page 11 of 12 PURCHASE & SALE AGREEMENT EXHIBIT A LiSGAl- DESCRIPTXQN: Lot 16A of Short Plat No. 876019, according to the Short Plat recorded under King G:>unty Recording NO, 7608310646, together with the following described parcet: Beginning at the .Soutl<1west comer of said Lot 16A: . Then~ N19057'53" W, a distance of 120.76 feet; Thence N 0059'22" f, a distance of ~0.(l0 feet; Thence N27032'34~ W, a distance of 166.41 feet; to a pol"t ~n the SOuth line oft.ot 18 to West CampU$ Business & Offlc:e Park Volume 96, Pages SO-53; Thence 588045'47" E, along said South line, a distance of 45.77 feet to the Northwest cpmer of Lot 17 of said West Campus Business & Offi~e Park; Thence 527032'34" E, along the West line of S<lld Lot 17, a distance of .183.44 feet to the Northwest comer of said Lot 16A; Thence 505007'30" W, a distance of 148.00 f~t to the point of t}eginnlng. . . INITIALS: Buyer ~. Date Seller Date Buyer Date Seller Date GVA Kidder Mathews GV A Kidder Mathews @ Copyright 1999 oW 1201 Pacific Avenue, Suite 1400 Commercial Brokers Association Worldwide Re.,1 Eslate SoluliO"$ Tacoma, WA 98402 All Rights Reserved Phone: (253) 383-5693 CBA Form PS-1A Fax: (253) 572-2648 Purchase & Sale Agreement Rev. 9/03 COMMERCIAL & INVESTMENT REAL ESTATE Page 120t12 PURCHASE & SALE AGREEMENT EXHIBIT B PERSONAL PROPERTY IN ADDITION TO ANY A TTACHED TRADE FIXTURES, SELLER SHALL LEA VE ON THE PROPERTY THE FOLLOWING PERSONAL PROPERTY: 1. ALL BASKETBALL RELA TED EQUIPMENT. 2. ALL VOLLEYBALL RELA TED EQUIPMENT. 3. ALL EQUIPMENT RELA TED TO THE OPERA nON OF THE KITCHEN FACILITIES. 4. ANY OTHER ITEMS THA TARE $PECIFICALL Y RELA TED TO THIS FACILITY. INITIALS: Buyer Date Seller Date Buyer. ._ Date Seller Date GVA Kidder Mathews @Copyright1999 rYr>./ 1201 Pacific Avenue, Suite 1400 Commercial Brokers Association IN Worldwide Re,.1 hl>le Solutio'" Tacoma, W A 98402 All Rights Reserved Phone: (253) 383-5693 CBA Form No. EMN Fax: (253) 572-2648 Earnest Money Promissory Note Rev. 12/99 Page 1 of 1 EARNEST MONEY PROMISSORY NOTE CBA Text Disclaimer: Text deleted by licensee indicated by strike. New text inserted by licensee indicated by small capital letters. RR/jw/seafirst/Krlsmunando EMN 08105 $ 30.000.00 Place: Tacoma, Washinqton Date: September 7,2005 FOR VALUE RECEIVED, the undersigned ("Buyer") agrees to pay to the order of First American Title Company the sum of Thirtv Thousand and No/100 Dollars ($30,000.00) as follows: 0_ days (3 days if not filled in) following mutual acceptance of the Purchase Agreement (as defined below). [81 Upon satisfaction or waiver of the inspection contingency stated in the Purchase Agreement. o Other _' This Note is evidence of the obligation to pay earnest money under the Purchase and Sale Agreement (the "Purchase Agreement") between the Buyer and the City of Federal Way ("Seller") dated Seotember 7, 2005 for the property located at: Klahanie Lake Community Center. located at 33901 9th Avenue South. Buyer's failure to pay the earnest money strictly as above shall constitute default on said Purchase Agreement as well as on this Note. If this Note shall be placed in the hands of an attorney for collection, or if suit shall be brought to collect any of the balance due on this Note, Buyer promises to pay a reasonable attorney's fee as fixed by the Court, and all court and collection costs. This Note shall bear interest at the rate of twelve percent (12%) per annum after default. BUYER: By: Budi Krismunando Namerritle: Sole Owner @Copyright 1999 ~ COmmercial Broken> Association All Rights Reserved CBA Form ST-LS LEASE AGREEMENT Single Tenant Lease Agreement Rev. 1/03 (Single Tenant For Entire Parcel - Triple Net) Page 1 of 20 R Rljw/seafi rstlKri sm u na ndo ST - LS.08105 THIS LEASE AGREEMENT (the "Lease") is entered into this _ day of December, 2005 between Budi Krismunando ("Landlord"), and The City of Federal Way ("Tenant"). Landlord and Tenant agree as follows: 1. LEASE SUMMARY. a. Leased Premises. The leased commercial real estate (ttie "Premises") consist of the real property legally described on attached Exhibit A, and all improvements thereon. b. Lease Commencement Date. The Lease shall commence on the closing of the sale of the Klahanee Lake Recreation Center, ~, or such earlier or later date as provided in Section 3 (the "Commencement Date"). c. Lease Termination Date. The Lease shall terminate at midnight on July 31, 2007 , or such earlier or later date as provided in Section 3 (the "Termination Date"). d. Base Rent. The base monthly rent shall be (check one): 181 $ 8.500.00, or 0 according to the Rent Rider attached hereto. Rent shall be payable at Landlord's address shown in Section 1 (h) below, or such other place designated in writing by Landlord. e. Prepaid Rent. Upon THE LEASE COMMENCEMENT DATEQXOcutfon of this Loaso, Tenant shall deliver to Landlord the sum of $ 8.500.00 as prepaid rent, to be applied to the Rent due for the first month(s) of the Lease. r. Security Deposit. The amount of the security deposit is $ 0.00. g. Permitted Use. The Premises shall be used only for the existino use. and for no othor purpose withol.Jt tho prior writtan consont of Landlord. h.Notlce and Payment Addresses: Landlord: Budi Krismunando. 2715 Francis Court SE. Auburn. WA 98092 Fax No.: 253.835.2509. Phone No: 253.929.1575 Tenant: Mr. David H. Moseley. City Manaer. City of Federal Way. 33325 8th Avenue South. Federal Way. WA 98063 Fax No.: 253.835.2509. Phone No: 253.835.251 0 2. PREMISES. Landlord leases to Tenant, and Tenant leases from Landlord the Premises AS LEGALLY DESCRIBED IN EXHIBIT A, ATTACHED HERETO, upon the terms specified in this Lease. PREMISES SHALL BE DELIVERED IN "As-Is" CONDITION. 3. TERM. a. Commencement Date. The Lease shall commence on the date specified in Section 1 (b), .f}f on s/,Jeh oartior or latEr data as may DO specifiod by wFitton notjc.o fiotiv-orod D}' Landlord to Tonant :lfMsIng TOAaAt #l:.lf tho Promisos :lrQ .~o:ldy for possessIon and spoGifying thD Commoncomont Dato, 1'.-hIch shaY not be less than fl:1ys (30 if not tilted in) cbys following tho flate of suoh Aotieo. If Tonant ofA;l:Ipios tho Promises bofo;o tho Commoncomont Data spocifiod in Soction 1 (b), than tho Commoncoment Dato shall ba tho data of ocel:JfX1ncy. If L:lAd!rxd acts dINgontly to @ Copyright 1999 oW' Commercial Brokers Association All Rights Reserved CBA Form ST-LS LEASE AGREEMENT Single Tenant Lease Agreement Rev, 1/03 (Single Tenant For Entire Parcel- Triple Net) Page 2 of 20 (Continued) m:1ka tha Prom is os a\l~il3ble to Tenant, naithar Landlord Aor .::my :1gont ar amployoo of L:1nd!ord shaH ba Uablo for afl)' dam3ge or Joss duo to Landlord's inaliJi!ity or f:1!!uro to deli~r possossion of tho Pr~misoc to remant as prO\'ickJd in this Lroso. Tho Tormin:1tion Dato shaH bo modiffod upon af.l.]' Cf:1:1AfJO in tho Commoncomant D:1to so tf:1:1t the length of tho Loaso torm is not changod. If LaAdJord doos not doliver possossion of UK) Pr-omisos to TOAant with!R _ da}'s (60 if not fil/ad in) attar tho dato spoc!fied iA SoctIQR 1(b), Tonant may olfJct to c::mcol this L03so by fJh4ng \'/ritton ngf.ico to LaAd/ord within 10 days 3ftor wr;:h timo poriod onds. If TOn:1At givos such notieo, tho Loaso sh:111 bo c:1nco/.Jed, :1J.1 p..-~paid rent and socurit)' doposits shal! bo rofundod tQ t-Dn:1nt, and noithor Landlord Aor Tenant shall h~wJ :1AY furthor obligations to tho gthor. The first "Lease Year" shall commence on the Commencement Date and shall end on the date which is twelve (12) months from the end of the month in which the Commencement Date occurs. Each successive Lease Year during the initial term and any extension terms shall be twelve (12) months, commencing on the first day following the end of the preceding Lease Year, except that the last Lease Year shall end on the Termination Date. TENANT MA Y CANCEL THIS LEASE A T ANY TIME AFTER DECEMBER 31,2006, WITH SIXTY (60) DA YS WRITTEN NOTICE. b. Tenant Obligations. To tho oxtont TonaAt's teA:lAt improwJmoAts am Rot camp/oroff In time far tho Tomnt tf) occupy or taka f}OSsoss/on of tho Promisos OA #10 CommoncomoAt D.1to duo to tho faihJro of Ton:1nt to fulf.il! any ef .its oblig:J.tions undo." tAis Loaso, tho Loaso Sh3J1 novorthoJess commonco on tho Commoncomont Oo.to. Except as specified elsewhere in this Lease, Landlord makes no representations or warranties to Tenant regarding the Premises, including the structural condition of the Premises and the condition of all mechanical, electrical, and other systems on the Premises. EXGGJpt for any tonant improvemonts cJese."i/;)gr;/ on attaGhod Exhibit B to DO GQ~/fJtad by L3nd/ord (dofinod thoroin :18 "LaRd.lord's Work'?, TOA.:1nt shaH eo r-GJspoAsiblo for porforming :lAY wgrk AOI'J8Ssal}' to bring the Promisos intQ Gondition sati€far;:tory to TOF/:lF/t. By signiA&iJ U1is Loaso, Tonant ::wknovAodgos that it h:Js h:ld aooquato opporr-unity to inv.est/fJato the Promises, :1GkAowlodgos rosPQnsibility for ffl\3king an;' Gorr8etions, aftorations and r9f}:lirs tfJ tAD Promisos (athOT than the L:lnfi.t.ord's Work), and aoknowledges th:1t tho f.imo noooo{i to complato :1AY such itoms sha!! not dokly the Commoncomemt Date. Attached E'if.Jibit B sots forth all LaAd!fJrg's Work, if aA]', aAd all (onant /mprovemonts to be compIster;/ by Tonant ('TeFKlAt's IMo"'() which i€ to bB porlo..-moGi on tho Pr-omisQS. . I. , RospcJFls!bititioc fgr oosign, (X1ymont and porto;maFloo of aIJ suoh WfJr.'( shaH bo :1S sot forth on attaehsd Exhibit B. If Tsn:lRt fails to notify LaAdlfJrr;/ gf aAY dofoots in tho Landford's VI/ark within toA (Ul) days of doliVfJry of pocseosifJA to Tonant, Tonant shaH bo doemo61 to haw) accepted the Promises iA thoir thon condition If reF/ant d/scovors an;' major dofeots iA tho Landlord's Work during this 10 day period that would p;EweRt Tonant from /'/siRg the Premises for its intfJAd9d p~rp()5e, Tonant sh:1f.' so nom}' L:1ndlord ifJ wdtiF/{/ anGi tho CommOAeGJment D:1w Sh31! be do!ayod until aftor Landferd has corroctod tho majfJr def9r:JtS aAd Tonant has had fiwJ (13) days to ins-poct aAd approvo the Pr9mise& afUJr Landlord's COrr-fJe1ieA ef such dofeets. Tho Commoneement D:Jt~ shaN not GO dolay-ad if TOFKlAt's /Aspf)(;)tiQA rlwQ:J1s minor dofects in thg LaAd!ord's Work th:1t l~'.i/I not proWJFIt TOA:mt frfJm ~sing tM Pmmfses for thoir ifJt9Aded purposo. Tonant sh:111 propare a pUAeh list of all minor rJofocts :lAg provido tho punch list tD L::mdlord. L:JF/dlord sh::}/! pmmptJy correct :lIf punch Yst itoms. 4. RENT. Tenant shall pay Landlord without demand, deduction or offset, in lawful money of the United States. the monthly rental stated in Section 1 (d) in advance on or before the first day of each month during the Lease Term, and any other additional payments due to Landlord (collectively the "Rent") when required under this Lease. Payments for any partial month at the @ Copyright 1999 ~ Commercial Brokers Association All Rights Reserved CBA Form ST-LS LEASE AGREEMENT Single Tenant Lease Agreement Rev. 1/03 (Single Tenant For Entire Parcel- Triple Net) Page 3 of 20 (Continued) beginning or end of the Lease term shall be prorated. If any sums payable by Tenant to Landlord under this Lease are not received by the fifth (5th) day of each month, Tenant shall pay Landlord in addition to the amount due, for the cost of collecting and handling such late payment, an amount equal to the greater of $100 or five percent (5%) of the delinquent amount. In addition, all delinquent sums payable by Tenant to Landlord and not paid within five days of the due date shall, at Landlord's option, bear interest at the rate of twelve percent (12%) per annum, or the highest rate of interest allowable by law, whichever is less. Interest on all delinquent amounts shall be calculated from the original due date to the date of payment. Landlord's acceptance of less than the full amount of any payment due from Tenant shall not be deemed an accord and satisfaction or compromise of such payment unless Landlord specifically consents in writing to payment of such lesser sum as an accord and satisfaction or compromise of the amount which Landlord claims. 5. seCURITY DGPOSlT. Upon oxocut./(m of this LGlasa, Ton:mt sha!! doJjvot to L::JAd/ord tho 8ecb/fity OOposjf spocifiod in Soction 1 (f) abo~<o. L:lAd!G.~d may comming/o tho 60Gb/ritj' doposit w.ith its othor fb/AEis. If Tomnt bro:whas any co~'-Onant or cOAdi#OA of this Loaso, Jnc!uding !wt AQt Ilmltod to tho paymont of Ront, Landlord maj' :1pply ::J!I or any part of tho socl:Jr!ty deposit to tho paymont of aAj' SI:JFF/ .ir:J dof::Jb/1t aAd aAY damage suffored by Landlord as a rosult of Tonant's broaeA. IA s/;Jf;h (H'f)At, Tenant shall, within fivo (5) days attar writton domaAd thorofor by Landlord, doposit with L::JAd!Qrd tho amount so appliod. Any payment to Land/ord fmm tho socurity dOPQs!t shalJ not be construod as .1 paymoAt Qf Jiquidatod damagos fgr any default. If Tfm:mt r;;omp.'ios with .1# of tho CO~lQnaAts ::JAd cQAditions of this Loaso throughout tho Loase torm, tho sow;!t)' OOpQs!t shall tJo ropaid to TOA3At witho/;Jt intorost with!A ao days aftor tho vacatioo of tho Pr-omisos EJi' TfJAant. 6. USES. The Premises shall be used only for the use(s) specified in Section 1 (g) above (the "Permitted Use"), and for no other business or purpose without the prior written consent of Landlord. No act shall be done on or around the Premises that is unlawful or that will increase the existing rate of insurance on the Premises. Tenant shall not commit or allow to be committed any waste upon the Premises, or any public or private nuisance. 7. COMPLIANCE WITH LAWS. Tenant shall not cause or permit the Premises to be used in any way which violates any law, ordinance, or governmental regulation or order. Landlord represents to Tenant that, to the best of Landlord's knowledge, with the exception of any Tenant's Work, as of the Commencement Date, the Premises comply with all applicable laws, rules, regulations, or orders, including without limitation, the Americans With Disabilities Act, if applicable, and Landlord shall be responsible to promptly cure any noncompliance which existed on the Commencement Date. Tenant shall be responsible for complying with all laws applicable to the Premises as a result of Tenant.'s particular use, such as modifications required by the Americans With Disabilities Act as a result of Tenant opening the Premises to the public as a place of public accommodation. If the enactment or enforcement of any law, ordinance, regulation or code during the Lease term requires any changes to the Premises during the Lease term, the Tenant shall perform all such changes at its expense if the changes are required due to the nature of Tenant's activities at the Premises, or to alterations that Tenant seeks to make to the Premises; otherwise, Landlord shall perform all such changes at its expense. 8. UTILITIES. Landlord shall not be responsible for providing any utilities to the Premises. but represents and warrants to Tenant that as of the Commencement Date electricity, water, sewer, --.---...-... @ Copyright 1999 CB(" Commercial Brokers Association All Rights Reserved CBA Form ST-LS LEASE AGREEMENT Single Tenant Lease Agreement Rev. 1/03 (Single Tenant For Entire Parcel - Triple Net) Page 4 01 20 (Continued) and telephone utilities are available at or adjacent to the Premises. Tenant shall determine whether the available capacity of such utilities will meet Tenant's needs. Tenant shall install and connect, if necessary, and directly pay for all water, sewer, gas, janitorial, electricity, garbage removal, heat, telephone, and other utilities and services used by Tenant on the Premises during the Term, whether or not such services are billed directly to Tenant. Tenant will also procure, or cause to be procured, without cost to Landlord, all necessary permits, licenses or other authorizations required for the lawful and proper installation, maintenance, replacement, and removal on or from the Premises of wires, pipes, conduits, tubes, and other equipment and appliances for use in supplying all utilities or services to the Premises. Landlord, upon request of Tenant, and at the sole expense and liability of Tenant, shall join with Tenant in any application required for obtaining or continuing such utilities or services. 9. TAXES. Tenant shall pay all Taxes (defined below) applicable to the Premises during the Lease term. All payments for Taxes shall be made at least ten (10) days prior to their due date. Tenant shall promptly furnish Landlord with satisfactory evidence that Taxes have been paid. If any Taxes paid by Tenant cover any period of time before or after the expiration of the Term, Tenant's share of those Taxes paid will be prorated to cover only the period of time within the tax fiscal year during which this Lease was in effect, and Landlord shall promptly reimburse Tenant to the extent required_ If Tenant fails to timely pay any Taxes, Landlord may pay them, and Tenant shall repay such amount to Landlord with Tenant's next rent installment. The term "Taxes" shall mean: (i) any form of real estate tax or assessment imposed on the Premises by any authority, including any city, state or federal government, or any improvement district, as against any legal or equitable interest of Landlord or Tenant in the Premises or in the real property of which the Premises are a part, or against rent paid for leasing the Premises; and (ii) any form of personal property tax or assessment imposed on any personal property, fixtures, furniture, tenant improvements, equipment, inventory, or other items, and all replacements, improvements, and additions to them, located on the Premises, whether owned by Landlord or Tenant. "Taxes" shall exclude any net income tax imposed on Landlord for income that Landlord receives under this Lease. Tenant may contest the amount or validity, in whole or in part, of any Taxes at its sole expense, only after paying such Taxes or posting such security as Landlord may reasonably require in order to protect the Premises against loss or forfeiture. Upon the termination of any such proceedings, Tenant shall pay the amount of such Taxes or part of such Taxes as finally determined, together with any costs, fees, interest penalties, or other related liabilities. Landlord shall cooperate with Tenant in contesting any Taxes, provided Landlord incurs no expense or liability in doing so. 10. ALTERATIONS. Tenant may make alterations, additions or improvements to the Premises., iFlS!",diAg 8Aj' Ton.:mt's Work idantifJod on attaef.wg lixh.'bit B (''Alterations'7, with the prior written consent of Landlord. The term "Alterations" shall not include the installation of shelves, movable partitions, Tenant's equipment, and trade fixtures which may be performed without damaging existing improvements or the structural integrity of the Premises, and Landlord's consent shall not be required for Tenant's installation of those items. Tenant shall complete all Alterations at Tenant's expense in compliance with all applicable laws and in accordance with plans and specifications approved by Landlord, and using contractors approved by Landlord. Landlord shall be deemed the owner of all Alterations except for those which Landlord requires to be removed at the end of the Lease term. Tenant shall remove all Alterations at the end of the Lease term unless Landlord conditioned its consent upon Tenant leaving a specified Alteration at the ----- @ Copyright 1999 rn( Commercial Brokers Association All Rights Reserved CBA Form ST-LS LEASE AGREEMENT Single Tenant Lease Agreement Rev. 1/03 (Single Tenant For Entire Parcel- Triple Net) Page 5 of 20 (Continued) Premises, in which case Tenant shall not remove such Alteration. Tenant shall immediately repair any damage to the Premises caused by removal of Alterations. 11. REPAIRS AND MAINTENANCE. Tenant shall, at its sole expense, maintain the Premises in good condition and promptly make all repairs and replacements, OTHER THAN NORMAl. WEAR AND TEAR, whether structural or non-structural, necessary to keep the Premises in safe operating condition, including all utilities and other systems serving the Premises, but excluding the roof, foundation and exterior walls, which Landlord shall maintain in good condition and repair at Landlord's expense. Tenant shall not damage any demising wall or disturb the structural integrity of the Premises and shall promptly repair any damage or injury done to any such demising walls or structural elements caused by Tenant or its employees, agents, contractors, or invitees. Notwithstanding anything in this Section to the contrary, Tenant shall not be responsible for any repairs to the Premises made necessary by the negligence or willful misconduct of Landlord or its agents, employees, contractors or invitees therein. Upon expiration of the Lease term, whether by lapse of time or otherwise, Tenant shall promptly and peacefully surrender the Premises, together with all keys, to Landlord in as good condition as when received by Tenant from Landlord or as thereafter improved, reasonable wear and tear and insured casualty excepted. 12. ACCESS AND RIGHT OF ENTRY. After reasonable notice from Landlord (except in cases of emergency, where no notice is required), Tenant shall permit Landlord and its agents, employees and contractors to enter the Premises at all reasonable times to make repairs, inspections, alterations or improvements. This Section shall not impose any repair or other obligation upon Landlord not expressly stated elsewhere in this Lease. After reasonable notice to Tenant, Landlord shall have the right to enter the Premises for the purpose of showing the Premises to prospective purchasers or lenders at any time, and to prospective tenants within 180 days prior to the expiration or sooner termination. of the Lease term, and for posting "for lease" signs within 180 days prior to the expiration or sooner termination of the Lease term. 13. SIGNAGE. Tenant shall obtain Landlord's written consent before installing any ADDITIONAl. signs upon the Premises. Tenant shall install any approved signage at Tenant's sole expense and in compliance with all applicable laws. Tenant shall not damage or deface the Premises in installing or removing SUCH ADDITIONAL signage and shall repair any injury or damage to the Premises caused by such installation or removal. 14. DESTRUCTION OR CONDEMNATION. a. Damage and Repair. If the Premises are partially damaged but not rendered untenantable, by fire or other insured casualty, then Landlord shall diligently restore the Premises and this Lease shall not terminate. The Premises shall not be deemed untenantable if less than twenty- five percent (25%) OF TENANT'S PROGRAM IS AFFECTED. of ttle Premi&os .1(0 dalT1\1god. Landlord shall have no obligation to restore the Premises If insurance procoods aro not av-alk1ble to /Xl}' tho oF/t.lm GJest of sueA F61stfJratioF/. If insurancQ procoods .1(0 availablo to L.aF/dkJrd /Jut ato Flgt suffie!ont to pay tho ontiro ceet ef restoriFIg #10 Pmm!sos, then Landlord AND may elect to terminate this Lease and keep the insurance proceeds, by notifying Tenant within FOURTEEN (14) sixty rOO} days of the date of such casualty. If the Premises are entirely destroyed, or partially damaged and rendered untenantable, by fire or other casualty, Landlord may, at its option: (a) terminate this Lease as provided herein, or (b) restore the Premises to their previous condition. If, within FORTY-FIVE (45) eQ....days after receipt by Landlord from Tenant of written notice that Tenant deems the Premises untenantable, @ Copyright 1999 ~ Commercial Brokers Association All Rights ReselVe<l CBA Form ST-LS LEASE AGREEMENT Single Tenant Lease Agreement Rev. 1/03 (Single Tenant For Entire Parcel - Triple Net) Page 6 of 20 (Continued) Landlord fails to notify Tenant of its election to restore the Premises, or if landlord is unable to restore the Premises within SIXTY (60) DAYS six (6) months of the date of the casualty event, then Tenant may elect to terminate the lease. If landlord restores the Premises under this Section 14(a), Landlord shall proceed with reasonable diligence to complete the work, and the base monthly rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole Premises AND FROM THE DATE OF INCIDENT, provided that there shall be a rent abatement only if the damage or destruction of the Premises did not result from TENANT'S NEGLIGENCE OR WILLFUL MISCONDUCT.,-{N' was not eQntribut.()d to directly or iAdirectl}' by tho 30t, fault or nogkJCt of Tonant, or Tonant's officors, contractors, liconsoos, subtonants, agonts, SOlll.,:mts, ompJoJ/.()os, guosts, inv-itoos or v.i6itors. Provided, Landlord complies with its obligations under this Section, no damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business or annoyance directly, incidentally or consequentially arising from any repair or restoration of any portion of the Premises. landlord Will not carry insurance of any kind for the protection of Tenant or any improvements paid for by Tenant Dr:lS p.>:D'lir;J09 in Exhibit B or on Tenant's furniture or on any fixtures, equipment, improvements or appurtenances of Tenant under this Lease, and Landlord shall not be obligated to repair any damage thereto or replace the same unless the damage is caused by Landlord's negligence or willful misconduct. b. If the Premises are made untenantable by eminent domain, or conveyed under a threat of condemnation, this lease shall automatically terminate as of the earlier of the date title vests in the condemning authority or the condemning authority first has possession of the Premises and all Rents and other payments shall be paid to that date. In case of taking of a part of the Premises that does not render the Premises untenantable, then this Lease shall continue in full force and effect and the base monthly rental shall be equitably reduced based on the proportion by which the floor area of any structures is reduced, such reduction in Rent to be effective as of the earlier of the date the condemning authority first has possession of such portion or title vests in the condemning authority. landlord shall be entitled to the entire award from the condemning authority attributable to the value of the Premises and Tenant shall make no claim for the value of its leasehold. Tenant shall be permitted to make a separate claim against the condemning authority for moving expenses or damages resulting from interruption in its business, provided that in no event shall Tenant's claim reduce Landlord's award. 15. INSURANCE. a. Liability Insurance. During the Lease term, Tenant shall pay for and maintain commercial general liability Insurance with broad form property damage and contractual liability endorsements. This policy shall name Landlord and Landlord's lender(s) as an additional insured, and shall insure Tenant's activities and those of Tenant's employees, officers, contractors, licensees, agents, servants, employees. guests, invitees or visitors with respect to the Premises against loss, damage or liability for personal injury or bodily injury (including death) or loss or damage to property with a combined single limit of not less than $1,000,000, and a deductible of not more than $25,000. The insurance will be noncontributory with any liability insurance carried by Landlord. b. Property Insurance. During the lease term, Tenant shall pay for and maintain special form property insurance (with coverage for earthquake and, if the Premises are in a flood plain, flood damage) for the Premises, in an amount sufficient to prevent Landlord or Tenant from becoming a co-insurer under the terms of the policy, and in an amount not less than the full replacement cost of the Premises, with a deductible of not more than $50,000. The property insurance policy @ Copyright 1999 ~ Commercial Brokers Association All Rights Reserved CBA Form ST-LS LEASE AGREEMENT Single Tenant Lease Agreement Rev. 1/03 (Single Tenant For Entire Parcel - Triple Net) Page 7 of 20 (Continued) shall name Tenant as the insured and Landlord and Landlord's lender(s) as additional insureds, with loss payable to Landlord, Landlord's lender(s), and Tenant as their interests may appear. In the event of a casualty loss on the Premises, Landlord may apply insurance proceeds under the property insurance policy in the manner described in Section 14(a). c. Miscellaneous. Insurance required under this Section shall be with companies rated A-V or better in Best's Insurance Guide, and which are authorized to transact business in the State of Washington. No insurance policy shall be cancelled or reduced in coverage and each such policy shall provide that it is not subject to cancellation or a reduction in coverage except after thirty (30) days prior written notice to Landlord. Tenant shall deliver to Landlord upon commencement of the Lease and from time to time thereafter, copies of the insurance policies or certificates of insurance and copies of endorsements required by this Section. In no event shall the limit of such policies be considered as limiting the liability of Tenant under this Lease. d. Waiver of Subrogation. Landlord and Tenant hereby release each other and any other tenant, their agents or employees, from responsibility for, and waive their entire claim of recovery for any loss or damage arising from any cause covered by insurance required to be carried by each of them. Each party shall provide notice to the insurance carrier or carriers of this mutual waiver of subrogation, and shall cause its respective insurance carriers to waive all rights of subrogation against the other. This waiver shall not apply to the extent of the deductible amounts to any such policies or to the extent of liabilities exceeding the limits of such policies. 16. INDEMNIFICATION. Tenant shall defend, indemnify, and hold Landlord harmless against all liabilities, damages, costs, and expenses, including attorneys' fees, for personal injury, bodily injury (including death) or property damage arising from any negligent or wrongful act or omission of Tenant or Tenant's officers, contractors, licensees, subtenants, agents, servants, employees, guests, invitees, or visitors on or around the Premises, or arising from any breach of this Lease by Tenant. Tenant shall use legal counsel acceptable to Landlord in defense of any action within Tenant's defense obligation. Landlord shall defend, indemnify and hold Tenant harmless against all liabilities, damages, costs, and expenses, including attorneys' fees, for personal injury, bodily injury (including death) or property damage arising from any negligent or wrongful act or omission of Landlord or Landlord's officers, contractors, licensees, agents, servants, employees, guests, invitees, or visitors on or around the Premises, or arising from any breach of this Lease by Landlord. Landlord shall use legal counsel acceptable to Tenant in defense of any action within Landlord's defense obligation. The provisions of this Section 16 shall survive expiration or termination of this Lease. 17. ASSIGNMENT AND SUBLETTING. Tenant shall not assign, sublet OTHER THAN SHORT TERM RENTAL CONSISTENT WITH EXISTING USE OF PROGRAMS AT PREMISES, mortgage, encumber or otherwise transfer any interest in this Lease (collectively referred to as a "Transfer") or any part of the Premises, without first obtaining Landlord's written consent which shall not be unreasonably withheld or delayed. No Transfer shall relieve Tenant of any liability under this Lease notwithstanding Landlord's consent to such Transfer. Consent to any Transfer shall not operate as a waiver of the necessity for Landlord's consent to any subsequent Transfer. If Tenant is a partnership, limited liability company, corporation, or other entity, any transfer of this Lease by merger, consolidation, redemption or liquidation, or any change(s) in the ownership of, or power to vote, which singularly or collectively represents a majority of the beneficial interest in Tenant, shall constitute a Transfer under this Section. As a condition to Landlord's approval, if given, any potential assignee or sublessee otherwise approved by Landlord shall assume all obligations of Tenant under this Lease and shall be jointly @ COpyright 1999 rn( Commercial Brokers Association All Rights Reserved CBA Form ST -LS LEASE AGREEMENT Single Tenant Lease Agreement Rev. 1103 (Single Tenant For Entire Parcel- Triple Net) Page a of 20 (Continued) and severally liable with Tenant and any guarantor, if required, for the payment of Rent and performance of all terms of this Lease. In connection with any Transfer, Tenant shall provide Landlord with copies of all assignments, subleases and assumption instruments. 18. LIENS. Tenant shall keep the Premises free from any liens created by or through Tenant. Tenant shall indemnify and hold Landlord harmless from liability for any such liens including, without limitation, liens arising from any Alterations. If a lien is filed against the Premises by any person claiming by, through or under Tenant, Tenant shall, upon request of Landlord, at Tenant's expense, immediately furnish to Landlord a bond in form and amount and issued by a surety satisfactory to Landlord, indemnifying Landlord and the Premises against all liabilities, costs and expenses, il1cluding attorneys' fees, which landlord could reasonably incur as a result of such lien(s). 19. DEFAULT. The following occurrences shall each be deemed an Event of Default by Tenant: a. Failure To Pay. Tenant fails to pay any sum, including Rent, due under this lease following five (5) days written notice from landlord of the failure to pay. b. Vacation/Abandonment. Tenant vacates the Premises (defined as an absence for at least 15 consecutive days without prior notice to Landlord), or Tenant abandons the Premises (defined as an absence of five (5) days or more while Tenant is in breach of some other term of this Lease). Tenant's vacation or abandonment of the Premises shall not be subject to any notice or right to cure. c. Insolvency. Tenant becomes insolvent, voluntarily or involuntarily bankrupt, or a receiver, assignee or other liquidating officer is appointed for Tenant's business, provided that in the event of any involuntary bankruptcy or other insolvency proceeding, the existence of such proceeding such constitute an Event of Default only if such proceeding is not dismissed or vacated within 60 days after its institution or commencement. d. Levy or Execution. Tenant's interest in this Lease or the Premises, or any part thereof, is taken by execution or other process of law directed against Tenant, or is taken upon or subjected to any attachment by any creditor of Tenant, if such attachment is not discharged within 15 days after being levied. e. Other Non-Monetary Defaults. Tenant breaches any agreement, term or covenant of this lease other than one requiring the payment of money and not otherwise enumerated in this Section, and the breach continues for a period of 30 days after notice by Landlord to Tenant of the breach. f. Failure to Take Possession. Tenant fails to take possession of the Premises on the Commencement Date. 20. REMEDIES. Landlord shall have the following remedies upon an Event of Default. landlord.s rights and remedies under this lease shall be cumulative, and none shall exclude any other right or remedy allowed by law. a. Termination of Lease. Landlord may terminate Tenant's interest under the lease, but no act by landlord other than written notice of termination, SIXTY (60) DAYS IN ADVANCE, from landlord to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this lease for the balance of the Lease term, less the net proceeds, if any, of any re-Ietting of the Premises by landlord subsequent to the termination, after deducting all landlord's Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from e Copyright 1999 ~ Commercial Brokers Association All Rights Reserved CBA Form ST-LS LEASE AGREEMENT Single Tenant Lease Agreement Rev. 1/03 (Single Tenant For Entire Parcel- Triple Net) Page 9 of 20 (Continued) Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant: (i) unpaid rent which had been earned at the time of termination; (ii) the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of rent loss that Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant proves could reasonably be avoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1 %); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation Reletting Expenses described in Section 2Gb. b. Re-Entry and Reletting. Landlord may continue this Lease in full force and effect, and without demand or notice, re-enter and take possession of the Premises or any part thereof, expel the Tenant from the Premises and anyone claiming through or under the Tenant, and remove the personal property of either. Landlord may relet the Premises, or any part of them, in Landlord's or Tenant's name for the account of Tenant, for such period of time and at such other terms and conditions, as Landlord, in its discretion, may determine. Landlord may collect and receive the rents for the Premises. Re-entry or taking possession of the Premises by Landlord under this Section shall not be construed as an election on Landlord's part to terminate this Lease, unless a written notice of termination is given to Tenant. Landlord reserves the right following any re-entry or re/etting, or both, under this Section to exercise its right to terminate the Lease. Tenant will pay Landlord the rent and other sums which would be payable under this Lease if repossession had not occurred, less the net proceeds, if any, after reletting the Premises, after deducting Landlord's Reletting Expenses. "Reletting Expenses" is defined to include all expenses incurred by Landlord in connection with reletting the Premises, including without limitation, all repossession costs, brokerage commissions, attorneys' fees, remodeling and repair costs, costs for removing and storing Tenant's property and equipment, and tenant improvements and rent concessions granted by Landlord to any new Tenant, prorated over the life of the new lease. c. Waiver of Redemption Rights. Tenant, for itself, and on behalf of any and all persons claiming through or under Tenant, including creditors of all kinds, hereby waives and surrenders all rights and privileges which they may have under any present or future law, to redeem the Premises or to have a continuance of this Lease for the Lease term, as it may have been extended. d. Nonpayment of Additional Rent. All costs which Tenant agrees to pay to Landlord pursuant to this Lease shall in the event of nonpayment be treated as if they were payments of Rent, and Landlord shall have all the rights herein provided for in case of nonpayment of Rent. e. Failure to Remove Property. If Tenant fails to remove any of its property from the Premises at Landlord's request following an uncured Event of Default, Landlord may, at its option, remove and store the property at Tenant's expense and risk. If Tenant does not pay the storage cost within five (5) days of Landlord's request, Landlord may, at its option, have any or all of such property sold at publiC or private sale (and Landlord may become a purchaser at such sale), in such manner as Landlord deems proper, without notice to Tenant. Landlord shall apply the proceeds of such sale: (i) to the expense of such sale, including reasonable attorneys' fees actually incurred; (ii) to the payment of the costs or charges for storing such property; (iii) to the payment of any other sums of money which may then be or thereafter become due Landlord from @ Copyright 1999 ~ Commercial Brokers Association All Rights Reserved CBA Form ST.LS LEASE AGREEMENT Single Tenant Lease Agreement Rev. 1/03 (Single Tenant For Entire Parcel- Triple Net) Page 10 of 20 (Continued) Tenant under any of the terms hereof; and (iv) the balance, if any, to Tenant. Nothing in this Section shall limit Landlord's right to sell Tenant's personal property as permitted by law or to foreclose Landlord's lien for unpaid rent. 21. MORTGAGE SUBORDINATION AND ATTORNMENT. This Lease shall automatically be subordinate to any mortgage or deed of trust created by Landlord which is now existing or hereafter placed upon the Premises including any advances, interest, modifications, renewals, replacements or extensions ("Landlord's Mortgage"), provided the holder of any Landlord's Mortgage or any person(s) acquiring the Premises at any sale or other proceeding under any such Landlord's Mortgage shall elect to continue this Lease in full force and effect. Tenant shall attorn to the holder of any Landlord's Mortgage or any person(s) acquiring the Premises at any sale or other proceeding under any Landlord's Mortgage provided such person(s) assume the obligations of Landlord under this Lease. Tenant shall promptly and in no event later than fifteen (15) days after request execute, acknowledge and deliver documents which the holder of any Landlord's Mortgage may reasonably require as further evidence of this subordination and attornment. Notwithstanding the foregoing, Tenant's obligations under this Section are conditioned on the holder of each Landlord's Mortgage and each person acquiring the Premises at any sale or other proceeding under any such Landlord's Mortgage not disturbing Tenant's occupancy and other rights under this Lease, so long as no uncured Event of Default exists. 22. NON-WAIVER. Landlord's waiver of any breach of any term contained in this Lease shall not be deemed to be a waiver of the same term for subsequent acts of Tenant. The acceptance by Landlord of Rent or other amounts due by Tenant hereunder shall not be deemed to be a waiver of any breach by Tenant preceding such acceptance. 23. HOLDOVER. If Tenant shall, without the written consent of Landlord, hold over after the expiration or termination of the Term, such tenancy shall be deemed to be on a month-to-month basis and may be terminated according to Washington law. During such tenancy, Tenant agrees to pay to Landlord 125% the rate of rental last payable under this Lease, unless a different rate is agreed upon by Landlord. All other terms of the Lease shall remain in effect. 24. NOTICES. All notices under this Lease shall be in writing and effective (i) when delivered in person, (ii) three (3) days after being sent by registered or certified mail to Landlord or Tenant, as the case may be, at the Notice Addresses set forth in Section 1 (h); or (iii) upon confirmed transmission by facsimile to such persons at the facsimile numbers set forth in Section 1 (h) or such other addresses/facsimile numbers as may from time to time be designated by such parties in writing. 25. COSTS AND ATTORNEYS' FEES. If Tenant or Landlord engage the services of an attorney to collect monies due or to bring any action for any relief against the other, declaratory or otherwise, arising out of this Lease, including any suit by Landlord for the recovery of Rent or other payments, or possession of the Premises, the losing party shall pay the prevailing party a reasonable sum for attorneys' fees in such suit, in mediation or arbitration, at trial, on appeal and in any bankruptcy proceeding. 26. ESTOPPEL CERTIFICATES. Tenant shall, from time to time, upon written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: (i) the date the Lease term commenced and the date it expires; (ii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iii) that this Lease is in full force and effect --- @ Copyright 1999 ~ Commercial Brokers Association All Rights Reserved CBA Form ST~LS LEASE AGREEMENT Single Tenant Lease Agreement Rev. 1/03 (Single Tenant For Entire Parcel- Triple Net) Page 11 of 20 (Continued) and has not been assigned, modified, supplemented or amended in any way; (iv) that this Lease represents the entire agreement between the parties; (v) that all conditions under this Lease to be performed by Landlord have been satisfied; (vi) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (vii) that no Rent has been paid more than one month in advance; and (viii) that no security has been deposited with Landlord (or, if so, the amount thereof). Any such statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days of receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to have given such certificate as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee. 27. TRANSFER OF LANDLORD'S INTEREST. This Lease shall be assignable by Landlord without the consent of Tenant. In the event of any transfer or transfers of Landlord's interest in the Premises, other than a transfer for security purposes only, upon the assumption of this Lease by the transferee, Landlord shall be automatically relieved of obligations and liabilities accruing from and after the date of such transfer, except for any retained security deposit or prepaid rent, and Tenant shall attorn to the transferee. 28. RIGHT TO PERFORM. If Tenant shall fail to timely pay any sum or perform any other act on its part to be performed hereunder, Landlord may make any such payment or perform any such other act on Tenant's part to be made or performed as provided in this Lease. Tenant shall, on demand, reimburse Landlord for its expenses incurred in making such payment or performance. Landlord shall (in addition to any other right or remedy of Landlord provided by law) have the same rights and remedies in the event of the nonpayment of sums due under this Section as in the case of default by Tenant in the payment of Rent. 29. HAZARDOUS MATERIAL. Landlord represents and warrants to Tenant that to the best of Landlord's knowledge, there is no "Hazardous Material" (as defined below) on, in, or under the Premises as of the Commencement Date except as otherwise disclosed to Tenant in writing before the execution of this Lease. If there is any Hazardous Material on, in, or under the Premises as of the Commencement Date which has been or thereafter becomes unlawfully released through no fault of Tenant, then Landlord shall indemnify, defend and hold Tenant harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses including without limitation sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees, incurred or suffered by Tenant either during or after the Lease term as the result of such contamination. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about, or disposed of on the Premises by Tenant, its agents, employees, contractors or invitees, except in strict compliance with all applicable federal, state and local laws, regulations, codes and ordinances. If Tenant breaches the obligations stated in the preceding sentence, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses including, without limitation, diminution in the value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, or elsewhere, damages arising from any adverse impact on marketing of space at the Premises, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees incurred or suffered by Landlord either during or after the Lease term. These indemnifications by Landlord and Tenant include, without limitation, costs incurred in @ Copyright 1999 ~ Commercial Brokers Association All Rights Reserved CBA Form ST-LS LEASE AGREEMENT Single Tenant Lease Agreement Rev. 1/03 (Single Tenant For Entire Parcel - Triple Net) Page 12 of 20 (Continued) connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work, whether or not required by any federal, state or local governmental agency or political subdivision, because of Hazardous Material present in the Premises, or in soil or ground water on or under the Premises. Tenant shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the Premises. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, results in any unlawful release of Hazardous Material on the Premises or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Premises or any other property, to the condition existing prior to the release of any such Hazardous Material; provided that Landlord's approval of such actions shall first be obtained, which approval may be withheld at Landlord's sole discretion. As used herein, the term "Hazardous Material" means any hazardous, dangerous, toxic or harmful substance, material or waste including biomedical waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Government due to its potential harm to the health, safety or welfare of humans or the environment. The provisions of this Section 29 shall survive expiration or termination of this Lease. 30. QUIET ENJOYMENT. So long as Tenant pays the Rent and performs all of its obligations in this Lease, Tenant's possession of the Premises will not be disturbed by Landlord or anyone claiming by, through or under Landlord, or by the holders of any Landlord's Mortgage or any successor thereto. 31. GENERAL. a. Heirs and Assigns. This Lease shall apply to and be binding upon Landlord and Tenant and their respective heirs, executors, administrators, successors and assigrjs. b. Brokers' Fees. OTHER THAN AGENCY AS DISCLOSED IN SECTION 33 HEREIN, Tenant represents and warrants to Landlord that it has not engaged any broker, finder or other person who would be entitled to any commission or fees for the negotiation, execution, or delivery of this Lease other than as disclosed elsewhere in this Lease. Tenant shall indemnify and hold Landlord harmless against any loss, cost, liability or expense incurred by Landlord as a result of any claim asserted by any such broker, finder or other person on the basis of any arrangements or agreements made or alleged to have been made by or on behalf of Tenant. This subparagraph shall not apply to brokers with whom Landlord has an express written brokerage agreement. c. Entire Agreement. This Lease contains all of the covenants and agreements between Landlord and Tenant relating to the Premises. No prior or contemporaneous agreements or understanding pertaining to the Lease shall be valid or of any force or effect and the covenants and agreements of this Lease shall not be altered, modified or added to except in writing signed by Landlord and Tenant. d. Severability. Any provision of this Lease which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision of this Lease. e. Force Majeure. Time periods for either party's performance under any provisions of this Lease (excluding payment of Rent) shall be extended for periods of time during which the party's performance is prevented due to circumstances beyond such party's control, including without limitation, fires, floods, earthquakes, lockouts, strikes, embargoes, governmental regulations, acts of God, public enemy, war or other strife. @ Copyright 1999 ~ Commercial Brokers Association All Rights Reserved CBA Form ST.LS LEASE AGREEMENT Single Tenant Lease Agreement Rev. 1/03 (Single Tenant For Entire Parcel- Triple Net) Page 13 of 20 (Continued) f. Governing Law. This lease shall be governed by and construed in accordance with the laws of the State of Washington. g. Memorandum of Lease. Except for the pages containing the Commission Agreement, the parties signatures and attached Exhibit A, this lease shall not be recorded. However, landlord and Tenant shall, at the other's request, execute and record a memorandum of Lease in recordable form that identifies Landlord and Tenant, the commencement and expiration dates of the Lease, and the legal description of the Premises as set forth on attached Exhibit A. h. Submission of Lease Form Not an Offer. One party's submission of this lease to the other for review shall not constitute an offer to lease the Premises. This Lease shall not become effective and binding upon Landlord and Tenant until it has been fully signed by both landlord and Tenant I. Authority of Parties. Any individual signing this Lease on behalf of an entity represents and warrants to the other that such individual has authority to do so and, upon such individual's execution, that this Lease shall be binding upon and enforceable against the party on behalf of whom such individual is signing. 32. EXHIBITS AND RIDERS. The following exhibits and riders are made a part of this lease: Exhibit A - Legal Description E;'ff:J!b!t Jil Ton;mt Improvomont Scf:lodl,J..'o (Check the box for any of the following that will apply. Any riders checked shall be effective only upon being initialed by the parties and attached to the Lease. Capitalized terms used in the Riders have the meanings given to them in the Lease.) o Rent Rider o Retail Use Rider o Arbitration Rider o Limitation on Landlord's Liability Rider o Guaranty of Tenant's Lease Obligations Rider o Option to Extend Rider 33. AGENCY DISCLOSURE. At the signing of this Lease Landlord's Agent Russ Rodgers and Mark Clirehugh. SIOA. CCIM. of GVA Kidder Mathews (Insert name of Licensee and Company name as licensed) represented Both landlord and Tenant (Insert Landlord, Tenant,both landlord and Tenant, or neither landlord nor Tenant) and Tenant's Licensee Russ Rodaers and Mark Clirehuah. SIOR. CCIM. of GVA Kidder Mathews (Insert name of Licensee and Company name as licensed) @Copyright 1999 ~ Commercial Brokers Association All Rights ReselVed CBA Form ST -LS LEASE AGREEMENT Single Tenant Lease Agreement Rev. 1/03 (Single Tenant For Entire Parcel- Triple Net) Page 14 of 20 (Continued) represented Both landlord and Tenant (Insert Landlord, Tenant, both Landlord and Tenant, or neither Landlord nor Tenant) If Tenant's Licensee and Landlord's Agent are different salespersons affiliated with the same Broker, then both Tenant and Landlord confirm their consent to that Broker acting as a dual agent. If Tenant's Licensee and Landlord's Agent are the same salesperson representing both parties, then both landlord and Tenant confirm their consent to that salesperson and his/her Broker acting as dual agents. If Tenant's Licensee, Landlord's Agent, or their Broker are dual agents, Landlord and Tenant consent to Tenant's Licensee, Landlord's Agent and their Broker being compensated based on a percentage of the rent or as otherwise disclosed on an attached addendum. Neither Tenant's Licensee, Landlord's Agent or their Broker are receiving compensation from more than one party to this transaction unless otherwise disclosed on an attached addendum, in which case Landlord and Tenant consent to such compensation. Landlord and Tenant confirm receipt of the pamphlet entitled "The Law of Real Estate Agency." 34. COMMISSION AGREEMENT. Landlord agrees to pay a commission to Landlord's Broker (identified in the Agency Disclosure paragraph above) as follows: 121 $ 0.00 121 0.0 % of the gross rent payable pursuant to the lease o $ _ per square foot of the premises o Other_. Landlord's Broker 0 shall 181 shall not (shall not if not filled in) be entitled to a commission upon the extension by Tenant of the Lease term pursuant to any right reserved to Tenant under the Lease calculated 0 as provided above or 0 as follows _ (if no box is checked, as provided above). Landlord's Broker 0 shall 0 shall not (shall not if not filled in) be entitled to a commission upon any expansion of Premises pursuant to any right reserved to Tenant under the Lease, calculated 0 as provided above or 0 as follows _ (if no box is checked, as provided above). Any commission shall be earned upon occupancy of the Premises by Tenant, and paid one-half upon execution of the Lease and one-half upon occupancy of the Premises by Tenant. Landlord's Broker shall pay to Tenant's Broker (identified in the Agency Disclosure paragraph above) the amount stated in a separate agreement between them or, if there is no agreement, $ Q..QQ / Q % (complete only one) of any commission paid to Landlord's Broker, within five (5) days after receipt by Landlord's Broker. If any other lease or sale is entered into between landlord and Tenant pursuant to a right reserved to Tenant under the Lease, Landlord 0 shall 0 shall not (shall not if not filled in) pay an additional commission according to any commission agreement or, in the absence of one, according to the commission schedule of Landlord's Broker in effect as of the execution of this Lease. Landlord's successor shall be obligated to pay any unpaid commissions upon any transfer of this Lease and any such transfer shall not release the transferor from liability to pay such commissions. 35. BROKER PROVISIONS. LANDLORD'S AGENT, TENANT'S LICENSEE AND THEIR BROKERS HAVE MADE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE PREMISES, THE MEANING OF THE TERMS AND CONDITIONS OF THIS lEASE, LANDLORD'S OR TENANT'S FINANCIAL STANDING, ZONING, COMPLIANCE OF THE @ Copyright 1999 ~ Commercial Brokers Association All Rights Reserved CBA Form ST-LS LEASE AGREEMENT Single Tenant Lease Agreement Rev. 1/03 (Single Tenant For Entire Parcel- Triple Net) Page 15 of 20 (Continued) PREMISES WITH APPLICABLE LAWS, SERVICE OR CAPACITY OF UTILITIES, OPERATING EXPENSES, OR HAZARDOUS MATERIALS. LANDLORD AND TENANT ARE EACH ADVISED TO SEEK INDEPENDENT LEGAL ADVICE ON THESE AND OTHER MATTERS ARISING UNDER THIS LEASE. 36. SUBLEASE RENTAL TO ECBA: EMERALD CITY BASKETBALL ACADEMY (ECBA) SHALL HAVE THE RIGHT TO LEASE SPACE FROM THE CITY OF FEDERAL WAY AT THE RATE OF FIFTEEN AND No/100 DOLLARS ($15.00) PER HOUR, BASED ON THE FOLLOWING TERMS AND CONDITIONS: 36.A. ECBA SHALL, UNDER SEPARATE AGREEMENT, AGREE TO LEASE THE PREMISES ON TUESDAYS FROM 4:00 P.M. TO 7:00 P.M. OCTOBER 4TH TO JUNE 6TH OF EACH YEAR. 36.B. THIS LEASE AND THE RATE OF FIFTEEN AND No/100 DOLLARS ($15.00) IS CONDITIONED UPON THE CITY OF FEDERAL WA Y COMPLETING A SUCCESSFUL SALE OF THE KLAHANIE LAKE COMMUNITY CENTER TO B. KRIS KRISMUNANDO, OR A RELA TED ENTITY. OTHERWISE ECBA SHALL PA Y THE GOING MARKET RATE FOR THE USE OF THE PREMISES AS PUBLISHED FROM TIME TO TIME BY THE CITY OF FEDERAL WA Y. 36.C. ECBA ACKNOWLEDGES AND AGREES THE FIFTEEN AND No/100 DOLLARS ($15.00) RENTAL RATE DOES NOT INCLUDE ANY CITY STAFF WHO MAY BE REQUIRED TO BE ON-SITE DURING ANY USE OF THE FACILITY. SHOULD THE CITY DETERMINE, AT IT'S SOLE DISCRETION, SUCH A STAFF IS NECESSARY TO ENSURE THE SAFETY AND SECURITY OF THE PREMISES AND OR USER, ECBA SHALL BE RESPONSIBLE FOR SUCH STAFF TIME AT TEN AND No/100 DOLLARS ($10.00) PER HOUR, IN ADDITION TO THE ABOVE RENTAL RATE. @ Copyright 1999 ~ Commercial Brokers Association All Rights Reserved CBA Form ST-LS LEASE AGREEMENT Single Tenant Lease Agreement Rev. 1/03 (Single Tenant For Entire Parcel - Triple Net) Page 16 of 20 (Continued) IN WITNESS WHEREOF this Lease has been executed the date and year first above written. LANDLORD: TENANT: LANDLORD: TENANT: Budi Krismunando BY: BY: ITS: ITS: @ Copyright 1999 LEASE AGREEMENT Commercial Brokers Association ~ All Rights Reserved (Single Tenant For Entire Parcel - Triple Net) (Continued) C8A Form ST -LS Single Tenant Lease Agreement Rev. 1/03 Page 17 of 20 STATE OF WASHINGTON ) ) 55. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me and said person acknowledged that signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: (Seal or stamp) Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires: STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me and said person acknowledged that signed this Instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the Instrument. DATED: , (Seal or stamp) Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires: @ Copyright 1999 LEASE AGREEMENT Commercial Brokers Association ~ All Rights Reserved (Single Tenant For Entire Parcel - Triple Net) (Continued) CBA Form ST -LS Single Tenant Lease Agreement Rev. 1/03 Page 18 of 20 STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me and said person acknowledged that signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: , (Seal or stamp) Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires: STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me and said person acknowledged that signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: . (Seal or stamp) Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires: @Copyright1999 LEASE AGREEMENT Commercial Brokers Association ~ All Rights ReselVed (Single Tenant For Entire Parcel- Triple Net) (Continued) CBA Form ST .LS Single Tenant Lease Agreement Rev. 1/03 Page 19 of 20 EXHIBIT A [Legal Description] Li5GAlDESCRIPT10N: Lot 16A of Short Plat No. 876019, a'ccording to the Short Plat recOrdeq under King County Recording No, 7608310626, together with the following described parceJ: Beginning at the SoutMWest CQrner of said Lot 16A: Thence N19057'S3" W, a distance 6f 120.76 feet; Thence N 0"$(5'22" E, a distance of 50.00 feet; Thence N27032'34f1 W, a distance of 166.41 feet; to a po1rt on the SOuth line of tot 18 to West Campus Business &. Offlc;e Park Volume 96, Pages 50-53; Thence S8804S'41" E, along said South line, a distance of 45.77 feet to the North~ corner of lot 17 of said West CamPus Business & Offk;e Park; Thence 527032'34" e, along the west line of said Lot 17, a distance of 183.44 feet to the Northwest comer of said Lot 16A; Thence 505007'30" W, a distance of 148.00 fe~t tel the point of ~eginnjng. . . -----.---- @ Copyright 1999 LEASE AGREEMENT Commercial Brokers Association ~ All Rights Reserved (Single Tenant For Entire Parcel ~ Triple Net) (Continued) CBA Form ST-LS Single Tenant Lease Agreement Rev. 1/03 Page 20 of 20 EXHIBIT B [Tenant Improvement Schedule] None at execution. MEETING DATE: September 6, 2005 ITEM# -vr Cd) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Proposed Public Works and Parks Maintenance Workers Collective Bargaining Agreement . . ............................................._m..... ..................................................... ...................................................................._m.... CATEGORY: BUDGET IMPACT: 0 CONSENT 0 ORDINANCE Amount Budgeted: $ 0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ [gJ CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $ .. """..."",,,...."',,..... ..................mm........................................................ ATTACHMENTS: Proposed Public Works and Parks Maintenance Workers Collective Bargaining Agreement ""","''''...."....... ...............-.........................-....... .. ...,.,'...,.""....,,,..,.,,...,.,,"'''',,,,'''''',,..,,,,..,.. .. SUMMARY/BACKGROUND: The Public Works and Parks Maintenance Workers, represented by Teamsters local #763, began negotiating a successor collective bargaining agreement in 2004. The terms of the contract are generally the same except for some financial changes, which are similar to those with the Municipal Court Clerks' Agreement approved by Council on August 2, 2005. The changes are: (1) the health insurance plan will be the changed to the A WC Preferred Provider Option ("PPO") effective 10/1/05; (2) upon implementation ofthe PPO the Maintenance Workers will receive 0.5% wage adjustment because the City recognizes that the change to the PPO provides some savings to the City; (3) 90% of the consumer price index as a cost of living adjustment for 2005 effective 1/1/05; (4) commencing January 2006 the Pay for Performance offered to those employees at the top step will be converted into the existing top step on the salary range; and (5) 90% of the consumer price index in 2006 and 2007 as a cost of living adjustment. ......................................."....""...".....,,"'..... ........... ...""""...."'"",,""'."'--'" m.............................. ........... m............ ..................................................................................._ ..................................... ........ ... .........................................................................................._...... CITY COUNCIL COMMITTEE RECOMMENDATION: N/ A ......... ............................n..... ...........................................-......-....... ..............---..... PROPOSED MOTION: "1 move approval of the Collective Bargaining Agreement for the Public Works and Parks Maintenance Workers and authorize the Assistant City Manager to execute said Agreement." CITY MAN~~;~:~~ROV AL: mm\~~'J5)~mm \ - (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCil, BILL # D ST ,,~,.. .,.. """.,"'_..~M_. DENIED t. reading -_.~.,. 0 TABI~ED/DEFERRED/NO ACTION Enactment reading 0 ~"...."" .~'r'_' MOVED TO SECON l> READING (ordinances only) ORDINANCE # __.""._, ._,,'~...m~. RESOLUTION # .._...._""~'''w REVISED - 05/10/2001 K:\Agnditem\2005\PW&Parks labor agreement ~ AGREEMENT by and between CITY OF FEDERAL WAY, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE~CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Public Works and Parks Department Maintenance Employees) January 01, 2005 through December 31,2007 TABLE OF CONTENTS ARTICLE SUBJECT PAGE ARTICLE I RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION 2 ARTICLE II PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES 3 ARTICLE III HOURS OF WORK 4 ARTICLE IV OVERTIME AND SPECIAL PAY 5 ARTICLE V WAGES 7 ARTICLE VI HOLIDAYS 7 ARTICLE VII V ACA TIONS 8 ARTICLE VIII LEAVES 9 ARTICLE IX HEALTH AND WELFARE BENEFITS 10 ARTICLE X EQUIPMENT, UNIFORMS AND TRAINING 11 ARTICLE XI DISCIPLINE 12 ARTICLE XII GRIEVANCE PROCEDURES 13 ARTICLE XIII MISCELLANEOUS 14 ARTICLE XIV MANAGEMENT RIGHTS 15 ARTICLE XV SAVINGS CLAUSE 16 ARTICLE XVI DURATION 16 APPENDIX "A" CLASSIFICATIONS AND RATES OF PAY 17 AGREEMENT by and between CITY OF FEDERAL WAY, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Public Works and Parks Maintenance Department Employees) January 01, 2005 through December 31, 2007 THIS AGREEMENT is by and between the CITY OF FEDERAL WAY, WASHINGTON, hereinafter referred to as the City, and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. ARTICLE I RECOGNITION. UNION MEMBERSHIP AND PAYROLL DEDUCTION 1.1 RecoQnition . The City recognizes the Union as the sole and exclusive collective bargaining representative for all full-time and regular part-time maintenance and operations employees within the Public Works and Parks Departments of the City of Federal Way, excluding supervisors and confidential employees. 1.1.1 For the purposes of this Agreement, a "seasonal" or "temporary" employee shall be defined as an individual employed for less than twelve hundred (1200) hours in a twelve (12) consecutive month period. In the event an individual employed as a seasonal/temporary employee is employed for more than twelve hundred (1200) hours in a twelve (12) consecutive month period, the employee shall begin receiving the economic benefits set forth within the Agreement as if he/she were a regular employee. 1.2 Union Membership - It shall be a condition of employment that each current employee covered by this Agreement shall within thirty (30) days of the signature date of this Agreement become and remain a member of the Union or pay an amount equivalent to the regular Union initiation fee and monthly dues to the United Way unless another organization is agreed to by the Union and the City. It shall also be a condition of employment that each employee covered by this Agreement and hired on or after the signature date of this Agreement shall, within thirty (30) days of the beginning of such employment, become and remain a member of the Union or pay an amount equivalent to the regular Union initiation fee and monthly dues to the United Way or other organization agreed to by the Union and the City. 1.2.1 In the event an employee who is not a member of the Union requests the Union to use the grievance procedure on the employee's behalf, the Union may charge the employee for the reasonable costs of processing the grievance, provided the Union notifies the employee of such costs in advance. 1.3 Payroll Deduction - Upon written authorization of an employee, the City shall deduct from the pay of such employee the monthly dues and initiation fees as certified by the Union and shall transmit the same to the Secretary-Treasurer of the Union monthly. The City shall deduct from the pay of an employee who elects not to join the Union the fees in-lieu of the Union initiation fee and monthly dues and shall remit the same to the agreed upon charity monthly. The Union shall defend the City and hold the City harmless against any AGREEMENT 2005-2007 CITYOF FEDERAL WAY Public WorkS and Parks Department Maintenance Employees August 19. 2005 PAGE 2 claims brought against the City by an employee arising out of the City making a good- faith effort to comply with this Section. 1.4 Union Notification - Within seven (7) days from the date of hire of a new employee, the City shall forward to the Union the name, address and telephone number of the new employee. The City shall promptly notify the Union of all employees leaving its employment. 1.5 Bulletin Boards - The City shall provide suitable space for a bulletin board at the maintenance facility. Postings by the Union on the bulletin board shall be confined to official business of the Union; provided such notices shall not be derogatory of the Employer, its elected officials or other personnel. 1.6 ShOD Steward - The Union may appoint an accredited shop steward for the bargaining unit. The shop steward shall be a regular employee. The function of the shop steward shall be to meet with the Employer concerning matters vital to the employees in the bargaining unit; provided, however, the shop steward's role shall not interfere with the normal functioning of the Employer. Prior permission from the employee's supervisor shall be obtained whenever a shop steward's activities during regular work hours are involved. The accredited shop steward shall be the only one to take up with the Employer any alleged violation of this Agreement that reaches Step 2 of the grievance procedure. The Union shall be the only party with the authority to appeal any grievance to Step 3 of the grievance procedure. 1.7 Union Officer Leave - An employee elected or appointed to a Union office may, upon timely application and approval thereof by the City, be given leave of absence up to sixty-four (64) hours per year to attend Union conferences or Union workshops. The leave shall be without pay and without loss of seniority. The City reserves the right to deny the request depending upon the season, staffing levels, and/or the adverse impact on the operations. ARTICLE II PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES 2.1 Probation Period - A new employee shall be subject to a twelve (12) month probation period commencing with his most recent first date of hire in a bargaining unit position. During this period, such employee shall be considered as being employed on a trial basis, subject to immediate dismissal at any time at the sole discretion of the City. Discharge of an employee during his probation period shall not be subject to the grievance procedure. 2.2 Seniority - An employee's seniority shall be defined as that period of compensated work for the City from the employee's most recent first day of compensated work within a position now covered by the bargaining unit. Any time of uncompensated leave in excess of thirty-one (31) calendar days shall be deducted from the employee's seniority. 2.2.1 An employee's seniority shall be broken so that no prior period of employment shall be counted and his seniority shall cease upon: Discharge for cause as defined in Article XI; Voluntary quit; Leaving the bargaining unit to accept a position with the City outside of the bargaining unit; Failure of the employee to notify the City of his willingness to return to AGREEMENT 2005-2007 CITY OF FEDERAL WAY Public Works and Park, rJepartment Maintenance Employees August 19, 2005 PAGE 3 work upon recall from an indefinite layoff within ten (10) calendar days after mailing of written notice from the City to his last known address appearing on the City's records; Layoff exceeding twenty-four (24) months; and/or A Leave of absence exceeding six (6) months. 2.2.2 Each calendar year, upon the request of the Union, the City shall provide the Union with a seniority list showing the name of each employee within the bargaining unit, his present classification and his first date of compensated work within the bargaining unit. 2.3 Layoff - In case of a layoff, employees shall be retained on the basis of job performance and length of continuous service. When job performance is relatively equal, the employee with the shortest length of continuous service shall be laid off first. Relative job performance shall be determined on the basis of qualifications, recent job performance evaluations and current job evaluations. Qualifications shall be determined by the knowledge, abilities and skills required for the affected position, as stated in the classification descriptions, and the employee's ability to perform the remaining work without further training. 2.4 Recall - In the case of recall, those employees laid off last shall be recalled first. An employee on layoff shall keep both the City and the Union informed of the address and telephone number where he can be contacted. When the City is unable to contact an employee who is on layoff for recall, the Union shall be so notified. If neither the Union nor the City are able to contact the employee within seven (7) calendar days from the time the Union is notified, the City's obligation to recall the employee shall cease. 2.4.1 The City shall have no obligation to recall an employee after he has been on continuous layoff for a period of twenty-four (24) months. Should an employee not return to work when recalled, the Cityshall have no further obligation to recall him. 2.5 Job Vacancies - Opportunities for promotion shall be posted on the work site bulletin board for not less than seven (7) calendar days, during which time employees who have completed their probation period may apply. Posted job opportunities shall contain an adequate description of the job duties and the rate of pay. It is the intent of the parties to provide qualified employees with opportunities for promotion; provided however, the City shall determine who the best qualified person is for the job. ARTICLE "' HOURS OF WORK 3.1 Hours of Work - The normal work schedule for full-time employees shall consist of five (5) consecutive days of eight (8) consecutive hours, Monday through Friday, excluding the meal period. The normal workday shall be from 7:00 A.M. to 3:30 P.M. During the period April1 through October 31, the City may schedule Tuesday through Saturday and Sunday through Thursday workweeks and work hours other than 7:00 A.M. to 3:30 P.M. 3.1.1 Notwithstanding the foregoing, changes in starting times and/or days of the week for each employee may be made by the City based upon seasonal demands for service, reasonable operating needs of the City and natural consequences, including without limitation fires, earthquakes, storms and floods. AGREEMENT 2005-2007 CITY OF FEDERAL WAY Public Works clfld P<<rks Department Maintenance Employees August 19. 2005 PAGE 4 ~ 3.2 Flex Time - By mutual agreement between the employee and the City, an employee may be assigned a schedule other than as set forth within Section 3.1. 3.3 Shift Chanqe - Each employee shall be assigned to a regular shift starting time which shall not normally be changed without at least forty-eight (48) hours notice. In the event an employee's regular shift starting time is changed with less than forty-eight (48) hours notice, he shall be paid an additional one dollar and sixty cents ($1.60) per hour for all hours worked outside of his previous work schedule, exclusive of overtime and only during the remainder of the employee's scheduled work week. In 2006 the $1.60 per hour shall be increased to $1.75 per hour. 3.4 Rest Periods - Employees shall receive a rest period of fifteen (15) minutes on the City's time for each four (4) hours of working time. Rest periods shall be scheduled as near as possible to the midpoint of each four (4) hour work period. No employee shall be required to work more than three (3) hours without a rest period. By mutual agreement between the employee and the City, the rest periods may be taken at a time other than stated above. 3.5 Meal Periods - Employees shall receive a meal period of thirty (30) minutes which shall be on the employee's own time and which shall commence no less than three (3) nor more than five (5) hours from the beginning of the shift. By mutual agreement between the employee and the City, the meal period may be taken at a time other than stated above. Employees who work more than three (3) hours longer than their normal workday may, at the option of the employee, receive an additional unpaid meal period before or during their overtime. ARTICLE IV OVERTIME AND SPECIAL PAY 4.1 Overtime - "Overtime" is defined as authorized hours worked in excess of forty (40) hours in an employee's seven-day work week or eight (8) hours per day, unless an alternate work schedule has been established by the City for a particular work unit or individual. "Hours worked" for purposes of determining overtime pay shall include holidays, vacation and sick leave used for scheduled doctor and/or dental appointments, but shall not include any other time compensated but not worked. The standard "work week" consists of the period from midnight Saturday to 11 :59 P.M. the following Saturday. 4.1.1 Overtime Rotation - A list of regular employees in order of seniority will be maintained for the Parks crew and a separate list will be maintained for the Public Works crews. When overtime is available, employees will be contacted in order beginning with the most senior employee until an employee is available to work the overtime. Future overtime will be offered to the next employee on the applicable list following the employee who worked the last overtime opportunity. This rotation will continue for all overtime not related to task or shift completion 4.2 Compensatory Time - An employee may request compensatory time off in lieu of overtime payment, subject to approval and scheduling by the City. Compensatory time shall be taken at the rate of one and one-half (1-1/2) times the actual time worked. Employees shall be encouraged to use compensatory time accrued within ninety (90) days of earning it, whenever possible. In no event may compensatory time be accrued in excess of eighty (80) hours (i.e. 53.33 hours x 1.5 = 80 hours). AGREEMENT 2005-2007 CITY OF FEDERAL WAY Public Works and Parks Department Maintenance Employees Augusl19, 2005 PAGE 5 4.3 Callout - An employee who has left work and is called out to work after completion of his regular shift shall be paid a minimum of two (2) hours at one and one-half (1-1/2) times his regular straight-time hourly rate of pay. However, if the employee is called out less than two (2) hours from the time he is scheduled to start his regular shift, he shall receive one and one-half (1-1/2) times his regular straight-time hourly rate of pay only for su'ch time as occurs before his regular starting time. All call-out time worked outside of the employee's regular work hours shall be paid at the rate of one and one~half (1-1/2) times the employee's regular straight time rate of pay. In the event the City grants a minimum callout greater than two (2) hours to another bargaining unit of City employees or the majority of other City employees, the Union shall have the right to reopen negotiations on the issue of minimum callout. 4.4 Standby - Except as otherwise provided herein, the current City policy regarding Standby Duty shall remain in effect. Employees who are assigned Standby Duty shall receive two dollars ($2.00) per hour for each hour of Standby Duty. Employees on Standby Duty shall not consume alcohol or controlled substances. Whether or not Standby Duty is eliminated, modified or expanded shall remain at the sole discretion of the City. During emergency events, standby pay shall not be paid between shifts. An employee on Standby Duty who is called out shall receive the applicable Callout rate in addition to Standby Duty pay. 4.5 TemDorary Assiqnment Pay - When an employee is temporarily assigned to assume substantial responsibilities as a substitute for an absent bargaining unit employee in a higher classification, the employee shall receive five percent (5%) above his regular rate of payor Step A of the higher class (whichever is greater) for hours worked in such temporary assignment. No temporary assignment pay shall be paid for a period of time less than five (5) working days. The added compensation shall cease when the assignment ends. 4.5.1 Temporary assignment pay for assignments in which a bargaining unit employee works as a substitute in the absence of an employee working in a non-bargaining unit position shall be administered and compensated pursuant to applicable City policy. Any such assignment in excess of ten (10) consecutive working days shall be by mutual agreement between the employee and the City. 4.5.2 Unless otherwise provided herein, assignment of employees to temporary assignments in or out of the bargaining unit and the duration of such assignments shall remain at the sole discretion of the City. 4.6 Emerqency Meal Reimbursement - Emergency crews, with authorization of the City, may eat off the clock at area establishments specified by the Purchasing Manager. Such establishments shall directly bill the City. 4.7 Non-Emerqencv Travel - Employees shall be reimbursed for reasonable costs of vehicle operation. meals and lodging for travel and such related expenses away from the City in accordance with City pol icy. 4.8 Non-Pvramiding - Premium or overtime pay shall not be duplicated or pyramided. Unless required by the Fair Labor Standards Act (FLSA), premium or overtime pay shall be based on the employee's regular straight-time rate of pay. Compensation shall not be paid more than once for the same hours under any provision of this Article or Agreement Compensation received by any employee for reasons other than work actually performed at the employee's City Job assignment, including but not limited to sick leave, vacation AGREEMENT 2005-2007 CITY OF FEDERAl W 1\', Public Works and P"rks Department Maintenance Emploj'.'e'- August HI, 200'., F'Al;" i, leave, holiday leave. funeral leave, compensatory time, civil and military leave shall not be pyramided one with another nor added to compensation for actual work performed during an employee's work schedule. ARTICLE V WAGES 5.1 The classifications of work and monthly rates of pay for employees covered by this Agreement shall be set forth within Appendix "A" to this Agreement which by this reference shall be incorporated herein as if set forth in full. Should it become necessary to establish a new job classification within the bargaining unit during the term of this Agreement, the City may designate a job classification title and salary for the classification. The salary for any new classification in the bargaining unit shall be subject to negotiations at such time as the salaries for the subsequent contract are negotiated, or six (6) months after the classification is established, whichever is earlier. ARTICLE VI HOLIDAYS 6.1 Employees shall receive the following holidays off with compensation at their regular straight-time hourly rate of pay: New Year's Day January 1 st Martin Luther King, Jr.'s Birthday 3rd Monday of January President's Day 3rd Monday of February Memorial Day Last Monday of May Independence Day July 4th Labor Day 1 st Monday of September Veteran's Day November 11th Thanksgiving Day 4th Thursday of November Day Following Thanksgiving Day Christmas Day December 25th 6.1.1 Holidays shall be observed on those dates set by State law. Any holiday falling on Sunday shall be observed on the following Monday. Any holiday falling on Saturday shall be observed on the preceding Friday. 6.1.2 Holidays in addition to those set forth within this Article granted to another bargaining unit of City employees or the majority of other City employees shall be provided to the bargaining unit 6.2 If a holiday occurs while an employee is on vacation or sick leave, the holiday shall be utilized rather than charged against the employee's accrued vacation or sick leave. 6.3 In addition to those holidays set forth within Section 6.1, each employee shall receive one (1) personal Floating Holiday which shall be taken during the calendar year at a time agreed by the employee and the supervisor. To be eligible for the Floating Holiday, the employee must have been on the payroll by October 1 st of the calendar year. 6.4 Employees scheduled to work on a holiday shall receive his/her regular holiday compensation plus time and one-half for actual time worked as long he/she doesn't take another day off in exchange for that day and hasn't used any sick or other compensated time off (excluding vacation time) during that week, as provided in Section 4.1. If an employee elects to take another day off in exchange for the holiday, the employee shall schedule such time off with the approval of his supervisor and shall be paid his regular straight time rate in lieu of being paid the additional time and one half for hours worked on the holiday. AGREEMENT 2005-2007 CITY OF FEDERAL WAY Public.: Works and Parks Department Maintenance Employees August 19. 200b F'A.CE: T - 6.5 In the event the observation of a holiday falls on an employee's regular day off, the employee shall be granted another day off with pay, which date shall be by mutual agreement between the employee and the supervisor. 6.6 All full-time employees shall receive eight (8) hours of pay per holiday. Those employees whose work schedule consists of other than an eight (8) hour work day may use accrued vacation leave or compensatory time to supplement the holiday pay in order to receive the entire workday off with pay. In lieu of using accrued leave for such purpose, the employee may request to work additional hours in the same scheduled workweek, which hours shall be mutually agreed upon in advance between the employee and the employee's supervisor. ARTICLE VII VACATIONS 7.1 Full-time employees shall accrue vacation leave at the following rate: Initial hire through the fifth (5th) Eight (8) hours per month complete year of continuous employment After five (5) full years of continuous Ten (10) hours per month employment After ten (10) full years of continuous Twelve (12) hours per month employment 7.2 Vacation leave may be used as soon as it is accrued. Vacations shall be scheduled at such times as the City finds most suitable after considering the wishes of the employee and the requirements of the department. 7.3 An employee may not carryover to each subsequent calendar year more than two hundred forty (240) hours of vacation. 7.4 Upon the effective date of the termination of an employee's employment, such employee shall thereupon be entitled to a sum of money equal to the employee's current straight- time hourly rate for any accrued unused vacation leave time up to a maximum of 240 hours, which shall be paid on the employee's final paycheck. ARTICLE VIII LEAVES 8.1 Sick Leave - Full-time employees shall accumulate sick leave pay at the rate of eight (8) hours per month of service to a maximum of seven hundred twenty (720) hours. Accumulated sick leave pay shall be paid at the employee's regular straight-time hourly rate of pay from and including the employee's first (1 st) working day absent. 8.1.1 Sick leave benefits may be used for bona fide cases of sickness, accidents, doctor and dental appointments of the employee, and to care for a dependent child (including step or foster) under the age of eighteen (18) who has a health condition that requires treatment or supervision, a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition as more particularly described in WAC 296-130. 812 If an employee exhausts his/her accrued sick leave, the employee has the option to use accrued vacation leave or compensatory time. AGREEMENT 2005-2007 CITY OF FEDERAL VI A Y Put,llI. Works and Parks Department Maintenance Employees Augusl19. ;.'000, PAC.,E 8 8.1.3 Employees injured on the job shall not simultaneously collect sick, vacation or compensatory leave and Worker's Compensation payments greater than the employee's regular pay. If the job related injury or illness requires the employee to be absent from work, the time the employee is unable to work will be charged to sick leave. At the option of the employee, when and if his sick leave is exhausted, compensatory time or accrued vacation leave may be used. In any event, the Employer shall pay only up to the maximum of the difference between the payment received under Worker's Compensation by such employee and his regular straight-time rate of compensation that he would have received from the Employer if able to work. Such payment by the Employer shall be limited to the period of time that such employee has accumulated paid leave credits. The foregoing shall be accomplished by the employee "buying back" sick and vacation leave used with the time loss money from Worker's Compensation by turning the check over to the City. Once the employee has bought back all available sick and vacation leave, the employee shall no longer accrue paid leave benefits and shall not be required to surrender the time loss payments from Worker's Compensation to the City. 8.2 Bereavement Leave - An employee who has a member of his immediate family taken by death shall receive at the employee's option up to 24 regularly scheduled hours off with pay as bereavement leave. Upon approval by the Employer an additional 56 regularly scheduled hours of sick leave may be used by the employee. 8.2.1 "Immediate family" shall be defined as wife, husband, daughter, son, mother, father, sister, brother, aunt, uncle, mother-in-law, father-in-law, sister-in-law, brother-in-law, grandmother, grandfather, grandchildren, and equivalent step relations. 8.2.2 With Employer approval, an employee may use up to eight (8) hours of sick leave to attend the funeral of a close friend or relative other than those set forth within Section 8.2.1. 8.2.3 Based on unusual circumstances, the Employer may construe more broadly the definition of immediate family to other persons living within the employee's household, or others related to the employee by blood or marriage, or to established relationship having attributes to familial ties. 8.3 Jurv Leave - The City acknowledges that its employees have obligations as citizens to serve on juries and jury panels, and to appear in court as subpoenaed witnesses. Employees will be provided up to 60 regularly scheduled hours leave with pay per summons to participate as jurors or subpoenaed witnesses, unless appearing as a witness, plaintiff, or defendant against the City in legal action. Compensation received by the employee, with the exception of mileage reimbursements, shall be reimbursed to the City to the end that the employee shall not receive more total compensation in the form of regular pay and compensation for jury duty than the employee would normally receive as wages from the City. The City shall have the right, at the City's expense and after consulting with the employee, to request the court to excuse the employee from any or all jury duty if there are circumstances that would make the absence of the employee an undue hardship on the City or other personnel. 8.3.1 If an employee has sufficient time to work one-half (1/2) day or more after being dismissed from jury duty or while waiting to be impaneled, he shall report to work that day. 8.4 Leave of Absence - Leaves of absence shall be at the discretion of the City. If approved by the City, an employee may take a leave of absence without payor benefits. A leave of thirty one (31) days or less shall not constitute a break in service. No seniority shall accrue during a leave of absence that exceeds thirty-one (31) calendar days; provided AGREEMENT 2005-2007 CITY OF FEDERAL WAY PubliC Works and Parks Department Maintenance Employees Auyust 19.2005 PAGE 9 however, seniority shall continue to accrue during Family Medical Leave under Section 8.7. Upon expiration of a leave of thirty one (31) days or less, the employee shall be returned to his previously held job position. 8.5 Temporary Disability Leave - Employees who are physically unable to perform the functions of their position for medical reasons other than on the job injuries and who have exhausted all accrued sick leave may, at the discretion of the City, be placed on temporary disability leave. A written request for a temporary disability leave must be submitted to the department director, along with a doctor's certification indicating the nature of the medical problem and the anticipated length of absence. The City may request written verification from a licensed medical doctor that the employee is physically disabled and verification of the extent of such disability and the projected date for return to work. Temporary disability leave shall only be granted for the period of disability and shall not exceed six (6) months. The City shall continue to pay its portion of the employee's health and welfare benefits during such leave but the leave shall be without pay. Upon the expiration of the temporary disability leave, the employee may request a leaye of absence. 8.6 Shared Leave - Employees shall be eligible for shared leave in accordance with current City policy. 8.7 Familv and Medical Leave - For the purposes of determining the twelve (12) week leave period provided by the Family and Medical Leave Act of 1993, such period shall run concurrent with the employee's accrued paid leave benefits. The amount of leave available for use is based on a rolling 12 month period. 8.8 Military Leave - Employees shall be granted leave for official military duty in accordance with applicable state and federal law. ARTICLE IX HEAL TH AND WELFARE BENEFITS 9.1 Medical Insurance - The current medical insurance plan(s) and premium sharing shall remain in effect through September 30, 2005. Effective October 1, 2005, the City shall pay each month one hundred percent (100%) of the premium necessary for the purchase of employee coverage and ninety percent (90%) of the premium necessary for the purchase of dependent coverage (excluding spouses who have other coverage available through his/her place of employment) under the AWC Regence Blue Shield/Asuris Northwest Health PPO insurance plan, or the same dollar amount toward the premium for the same family coverage under the Group Health Cooperative Plan, as selected by the employee. 9.2 Dental Insurance - The City shall pay each month one hundred percent (100%) of the premium necessary for the purchase of employee and dependent coverage under the Association of Washington Cities Dental Service Plan F. 9.3 Vision Insurance - The City shall pay each month one hundred percent (100%) of the premium necessary for the purchase of employee and dependent coverage under the Association of Washington Cities Western Vision Service Plan (no deductible). 9.4 Life Insurance - There shall be no reduction in the life, long-term disability, and accidental death and dismemberment insurance benefits currently available to employees and their dependents. 9.5 Modifications - Benefit changes made by the insurer or the AWe Benefits Trust Board outside the control of the City shall not be prohibited. AGREEMENT 2005-2007 CITY OF FEDERAL WAY Public Works and Parks Department Maintenance Employees August 19.2005 ['AGE 10 9.6 Teamsters Pension - The bargaining unit shall have the right to divert a portion of any wage increases provided by this Agreement to the Western Conference of Teamsters Pension Trust at such time and in such amounts as may be determined by the bargaining unit. ARTICLE X EQUIPMENT, UNIFORMS AND TRAINING 10.1 Equipment ~ The City shall provide each employee any safety equipment or protective clothing required as a condition of employment; including rain gear and steel-toed rubber boots. 10.2 Uniforms - The City shall continue to provide a standard issue of uniforms for employees. An employee may request an alternate combination of the uniform in order to best fit their needs related to the job assignment; provided however, that such combination shall not result in greater costs to the City than the standard issue. Following the initial uniform issue, the replacement of uniform items shall be based on need and any replacement requests must be authorized by the employee's supervisor. For the purposes of this Section, the standard uniform issue shall consist of: One (1) jacket Five (5) shirts Five (5) work pants Two (2) sweatshirts One (1) coveralls 10.3 Safety Boots - The City will provide reimbursement of up to $160 per year or $320 over a two~year period for the purchase or repair, such as resoling, of leather steel-toed boots. 10.4 Traininq - The City shall compensate employees to attend Employer required training necessary for maintenance of mandatory job related certifications unless the employee fails to recertify, in which case time spent retesting shall be on the employee's own time and at no cost to the City. Employees required to attend such training shall be paid at the employee's regular straight-time hourly rate of pay unless otherwise required by the Fair Labor Standards Act. The City shall reimburse costs reasonably related to such training. Reimbursement for travel and other related expenses shall be in accordance with City policy. ARTICLE XI DISCIPLINE 11.1 The City shall not discipline or discharge any post~probationary employee without just cause. Disciplinary action shall be progressive in nature; provided however, prior disciplinary actions shall not be required when the cause of suspension or discharge is theft, intoxication, disregard of public or employee safety, insubordination or acts of parallel magnitude. The nature and severity of the discipline shall be determined on an individual basis according to the particular circumstances. Disciplinary actions shall be administered in a timely fashion. A copy of any written notice of disciplinary action shall be sent to the Union at the time it is issued to the employee. 11.2 Various disciplinary actions available may include, but are not limited to, the following: verbal warning (notation will be placed in the employee's personnel file), written warning, suspension without pay, and discharge. Unless otherwise agreed, any disciplinary actions shall remain in the employee's personnel file and given appropriate weight in subsequent personnel actions. AGRi::I::MENT 2005.2007 CITY c.:r rEDERAL WAY Public Works and ParkS Department Mo"'I"'"Cince fCmployees August 19. 2005 PAGE 11 11.3 Discipline shall continue to be administered in accordance with Section 11.3 of the City's Employee Guidelines as they presently exist or are hereafter amended. In the event of a conflict between the Employee Guidelines and the provisions of the Article, the provisions of this Article shall prevail. 11.4 When an employee is required by the City to attend an interview conducted by the City for purposes of investigating an incident which may lead to the loss of payor position of that employee, the City shall advise the employee that he has the right to be accompanied at the investigatory interview by a representative of the Union. It is recognized that the employee may not insist that a particular Union representative be present. The foregoing provisions shall not apply to such run-of-the-mill conversations as, for example, the giving of instructions, training, employee evaluations or needed correction of work techniques; nor shall they apply to meetings at which discipline is simply administered. 11.5 The Union shall have the right to appeal any disciplinary action through the grievance procedure to determine whether the employee was properly disciplined; provided however, that appeal of any discipline to Step 3 of the grievance procedure shall be limited to disciplinary actions by the City that result in loss of pay (i.e. suspension) or position (Le. discharge) of an employee. Other forms of discipline may be appealed through Step 1 and 2 of the grievance procedure and the decision of the City Manager shall be final. ARTICLE XII GRIEVANCE PROCEDURE 12.1 A grievance shall be defined as a dispute pertaining to the proper application and interpretation of any and all of the provisions of this Agreement. The sole and exclusive method of processing grievances shall be by utilizing the following procedure: 12.1.1 STEP 1 - A grievance shall first be presented to the employee's immediate supervisor within fourteen (14) calendar days of its occurrence, or the date the employee should have reasonably known of its occurrence (but in no event more than 60 days), or it shall not be subject to the grievance procedure. The Supervisor shall attempt to resolve the grievance within fourteen (14) calendar days, with a copy to the Union. 12.1.2 STEP 2 - If the grievance is not resolved at STEP 1, the grievance, in writing, may be presented to the Department Director by the Union, with copies to the City Manager, City Attorney and Human Resources Manager. The written grievance shall be submitted to the City within fourteen (14) calendar days of the Union's receipt of the STEP 1 response. The written grievance shall include a statement of the issue, the Section of the Agreement allegedly violated and the remedy sought. The Department Director shall thereupon schedule a meeting with the Union Representative for purposes of attempting to resolve the grievance. The Department Director shall issue a written response to the grievance within fourteen (14) calendar days after the grievance meeting. 12.1.3 STEP 3 - If the grievance is not resolved at STEP 2, the Union may refer the matter to a third (3rd) neutral party who shall serve as an impartial arbitrator. The notice to arbitrate shall first be made to the City Manager within fourteen (14) calendar days of the Union's receipt of the STEP 2 response. Following receipt of the Union's notice to arbitrate, the City Manager may request a meeting with the Union Representative to attempt to resolve the grievance prior to selecting the arbitrator. As soon as possible thereafter, the parties shall meet to select the arbitrator by alternately striking names from the list of individuals set forth in Section 12.2 until only one (1) name remains. The right to decide which party shall strike first shall be determined by the flip of a coin. The remaining names shall serve AGREEMENT 2005.2007 CITY OF FEDERAL WAY Public Works and Parks Department Maintenance Employees August 19, 2005 PAGE 12 as the impartial arbitrator who shall conduct a hearing and issue a decision which shall be final and binding upon all parties to the dispute. 12.2 The following list shall constitute those individuals from which the parties shall select an arbitrator: Gary Axon Michael Beck Ken Latsch 12.2.1 If any of the arbitrators are not available. a replacement shall be selected by mutual agreement of the parties. 12.3 The arbitrator shall have no power to change. alter, detract from or add to the provisions of this Agreement, but shall have the power only to apply and interpret the provisions of this Agreement in reaching a decision. 12.4 Each party shall bear the expense of presenting its own case. The expense of the arbitrator shall be borne equally by the City and the Union. ARTICLE XIII MISCELLANEOUS 13.1 Gender - Wherever words denoting a specific gender are used in this Agreement, they are intended and shall be construed so as to apply to either gender. 13.2 Benefits for Reoular Part-Time Employees - Except as otherwise provided in this Agreement, regular part-time employees shall receive holidays. vacation, leaves. and health and welfare benefits on a pro rata basis in the same percentage as the employee's regularly scheduled hours relate to a forty (40) hour week. For example, if a regular part- time employee normally works twenty (20) hours per week, the employee shall receive 20/40ths, or fifty percent (50%), of the benefits received by a full-time employee. 13.3 Labor-Manaoement Conference Committee - The City and the Union shall establish a Joint Labor-Management Conference Committee which shall be comprised of participants from both the City and the Union. The function of the Committee shall be to meet periodically to discuss issues of general interest and/or concern, as opposed to individual complaints, for the purpose of establishing a harmonious working relationship between the employees. the City and the Union. It is not the purpose of the Committee to reopen collective bargaining negotiations or to change the terms of this Agreement. Either the City or the Union may request a meeting of the Committee. The party requesting the meeting shall do so in writing listing the issues they wish to discuss. 13.3.1 In the event a contracting out decision by the City is expected to result in the layoff of bargaining unit member(s), the Union may address the issue(s) in advance in Labor- Management Conference Committee pursuant to Article 13.3. 13.4 Entire Aqreement - The Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. Anything not covered by this Agreement shall not be construed as part of this Agreement. 13.5 Continuation of Work - The Union and its members, as individuals or as a group. will not initiate, cause, permit, or participate in any strike, work stoppage, slowdown, or join in any strike, work stoppage. slow down, or any other restriction of work. Employees in the bargaining unit, while acting in the course of their employment, shall not honor any picket AGREEMENT 2005.2007 CITY OF FEDERAL WAY Public Works and Parks Department MaIntenance Employees August 19. 2005 PAGE 13 line established by any other labor organization when called upon to cross such picket line in the line of duty provided, however, that the City will not require employees to cross a picket line when notified by the employees of circumstances which a reasonable person would perceive as a clear, imminent threat of violence to the employees. Disciplinary action, up to and including discharge, may be taken by the City against any employee or employees engaged in a violation of this Article. 13.5.1 In the event of a strike, work stoppage, slowdown, observance of a picket line, or other restriction of work in any form, either on the basis of individual choice or collective employee conduct, the Union will immediately upon notification attempt to secure an immediate and orderly return to work of employees under the Union's jurisdiction. 13.5.2 Failure of an employee to return to work within twenty-four (24) hours of notice by the Union or Employer that such failure to comply is in violation of this Article shall forfeit their right to protest discipline or discharge through the grievance procedure. 13.6.1 DruQ and Alcohol TestinQ - The parties have agreed to implement the Department of transportation requirements for CDL drug and alcohol testing and the City of Federal Way Drug and Alcohol Testing Policy and Procedure. The agreement of the parties shall be made part of this Agreement and incorporated herein. 13.7 Union Business. The City shall afford a reasonable amount of time for union meetings on City property during breaks or lunch periods. The City reserves the right to refuse to allow the meeting on City property when it determines that the meeting will interfere with City operations. The union representative and/or employees shall give the supervisor as much advance notice as reasonably possible. ARTICLE XIV MANAGEMENT RIGHTS 14.1 Except as otherwise expressly provided in this Agreement, the City has the right to determine how to provide municipal services, including without limitation, the right to contract out or assign bargaining unit work to non-bargaining unit personnel and to non- City employees; to contract out for goods and services (the City recognizes the intrinsic value of employing regular full-time staff); to determine and modify hours of work and work schedules; to schedule vacation leave and other absences from work; to hire, layoff, promote. demote, train and transfer employees; to determine and modify job designs, duties and qualifications of job classifications; to assign work and make use of the valuable contributory service of volunteers; to manage and direct employees; to establish and enforce reasonable rules and regulations and standards of performance, attendance and conduct; to discipline and discharge employees; to determine the size and composition of the workforce; to determine the methods, location, means and processes by which work shall be accomplished; to determine and modify the services to be rendered; to evaluate employees; to schedule overtime work as required and most advantageous to the City; to determine safety, health and property protection measures for the City; to select and use equipment and supplies; to require medical/physical examinations as necessary to ensure that employees are medically qualified to perform the essential functions of the job; to build. move or modify its facilities; to take whatever actions are necessary in the event of an emergency; and to perform all other functions not expressly limited by this Agreement. Emplovee Guidelines - The City of Federal Way Policies (e.g. Employee Guidelines) shall apply to members of this bargaining unit However, in the event of a conflict between a provision of this Agreement and any guideline. regulation, ordinance and/or rule of the City, the provision of this Agreement shall control. It is also expressly understood that the grievance procedures in this Agreement completely replace (and are not in addition to) AGREEMENT 2005-2007 CITY OF FEDERAL WAY Public Works and Parks Department Maintenance Employees August 19, 2005 PAGE 14 , any process set forth in such Federal Way Policies and completely replace any appeal process of any other City Board, Department, Commission or Agency of the City, and further that employees covered in this Agreement shall not have recourse to any such set of procedures. In addition, the parties agree that the City has the, sole right to amend, modify, adopt or change any policies (that are not mandatory subjects of bargaining), including the Employee Guidelines, without first negotiating such change with the Union. ARTICLE XV SAVINGS CLAUSE 15.1 Should any provision of this Agreement be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance or enforcement or any provision should be retained by such tribunal pending a final determination as to its validity, the remainder of this Agreement shall not be held invalid and shall remain in full force and effect. The City and the Union shall enter into immediate collective bargaining negotiations upon the request of either party for the purpose of arriving at a mutually satisfactory replacement for such provision during the period of invalidity or restraint. ARTICLE XVI DURATION 16.1 Except for those provisions that state otherwise, this Agreement shall be effective January 01,2005, and shall remain in full force and effect through December 31,2007. PUBLIC, PROFESSIONAL & OFFICE-CLERICAL CITY OF FEDERAL WAY, WASHINGTON EMPLOYEES AND DRIVERS LOCAL UNION NO_ 763, affiliated with the International Brotherhood of Teamsters By By Dave Grage, Secretary-Treasurer David Moseley, City Manager Date Date APPROVED AS TO FORM: Patricia Richardson, City Attorney AGREEMENT 2005-2007 CITY OF FEDERAL WAY Public Works and Parks Dep8rtlllent Maintenance Employees August 19,2005 PAGE 15 --.---- APPENDIX "A" to the AGREEMENT by and between CITY OF FEDERAL WAY, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Public Works and Park Department Maintenance Employees) January 01, 2005 through December 31, 2007 THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF FEDERAL WAY, WASHINGTON, hereinafter referred to as the City, and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. A.1 Effective January 01, 2005, the classifications of work and rates of pay for each classification covered by the Agreement in effect December 31 , 2004, shall be adjusted by 2.25%: CLASSI FICA TION MONTHLY RATES OF PAY Range A B C D E F Max 20M 2982 3107 3238 3377 3518 3667 3791 24M 3292 3429 3576 3727 3884 4049 4186 26M 3389 3532 3681 3836 3998 4168 4309 A.1.1 Effective October 1 , 2005, the classifications of work and rates of pay for each classification covered by the Agreement in effect September 30, 2005, shall be adjusted by 05%, at the same time the change to the AWC PPO takes effect pursuant to Article 9.1. Range A B C D E F Max 20M 2997 3123 3254 3394 3536 3685 3810 24M 3308 3446 3594 3746 3903 4069 4207 26M 3406 3550 3699 3855 4018 4189 4331 AGREEMENT 2005-2007 CITY OF FEDERAL WAY Public Works and Parks Dep," tment Maintenance Employees August 19. 2005 PAGE 16 A.2 Effective January 01, 2006, the 2005 rates of pay shall be increased by 90% of the CPI-W for the period June 2004 to June 2005 for the Seattle-Tacoma-Bremerton Area which shall also include a restructuring of the pay ranges/plan by eliminating performance-based pay and moving to six steps, A through F. The restructuring of wages with the 90% CPI is: Range A B C D E F 20M 3072 3210 3354 3505 3663 3889 24M 3392 3544 3704 3870 4044 4294 26M 3491 3649 3813 3984 4164 4421 A.3 Effective January 01.2007. the 2006 rates of pay shall be increased by 90% of the CPI-W for the period June 2005 to June 2006 for the Seattle-Tacoma-Bremerton Area. PUBLIC, PROFESSIONAL & OFFICE-CLERICAL CITY OF FEDERAL WAY, WASHINGTON EMPLOYEES AND DRIVERS LOCAL UNION NO. 763. affiliated with the International Brotherhood of Teamsters By By DAVE GRAGE. Secretary-Treasurer DAVID MOSELEY, City Manager Date Date K:\Teamsterslclean final agreeemnt08l19/05 AGREEMENT 2005-2007 CITY OF FEDERAL WAY Public Works and Parks Department Maintenance Employees August 19, 2005 PAGE 17 MEETING DATE: September 6, 2005 ITEM# JZ[Ut1) ..................,.......u....."..."...,""""....'....m""~'........._.._.._.___......._.._................~~....._...........................,..,.............."....."'''".~"."_.,,_..,,..~....__..--_...__...._._...__...._......_.._.~................,,~........................................................................"'"....".."""".."........,..".......",...."..........................""",..........................""",..................,,,.......,,.........,,,....,"',..,,.,..,,, CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Proposed Code Amendment Amending Chapter 6, Article I, Section 6-9 of Federal Way Criminal Code "Restitution." ,.........N....."..~.."'.n..~..~...~..,~..._.__.___._.~.._...~............._................"..................~~..n.n"'.."'.."""'~_.~.._..____....._..._......................~......................_....~.~......._.._'~...~.~.~. ~..~.........................................,~............~....._~".~................~,.........~...................~...................................."........,... CATEGORY: BUDGET IMPACT: D CONSENT [8J ORDINANCE Amount Budgeted: $0.00 D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $ D CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $ ,..,..."..........."......,...~,..............~""..."".~__.______.._.~_...~..~~.........._........~................,.............................nn."'.~....~____.__..__...~_~.~~~~......~........~.~~~~.~.~.."._._..m~......"...~..................._....~_....~...........~......._...~.....__~...._.~..................._,.......... ATTACHMENTS: Memorandum dated August 8, 2005 to the Parks Recreation, Cultural Services and Public Safety; and Proposed Ordinance "....................._...,,-~.~..~""~-~._._.._.~~_.~.................~.._.._....~......._................._._~-- ---_.._-_._~_._-------~ SUMMARYIBACKGROUND: The current Federal Way City Code authorizes the Municipal Court to order restitution whenever a person is convicted of a crime which results in injury to any person or damage to or loss of property, unless extraordinary circumstances exist that make restitution inappropriate. In cases of Hit and Run, the fact that the party left the scene of the accident makes investigation of the accident more difficult and can substantially postpone the aid of victims. As case law currently reads, restitution cannot be ordered for Hit and Run crimes unless the damage was caused specifically by leaving the scene of the accident or there is a code which gives the court express authority to order restitution in cases of Hit and Run. The amendment to the City Code would authorize the Court to order restitution on cases of Hit and Run where the damages were not caused specifically by leaving the scene of the accident, but there is a preponderance of evidence that the convicted person was at fault in the underlying accident. CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the proposed Ordinance. __.__._....__..__...._..._................."..~~.....~,..~_.......~....................................,......"................"....."~............~"".,,_,..._..__.__..__.__..._._.._...._......._.~_____......_._.__._.._.._._._..____..._._._._....._...._.._...._......._.....___....._.._...m.._._.._...._......._...~__..........,.._....._._..__...__.. PROPOSED MOTION: "I move the proposed Ordinance to second reading and approval at the next regular meeting on September 20, 2005." n " ~~---- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED COUNCIL BILL # D DENIED 1 ST reading D T ABLEDillEFERRED/NO ACTION Enactment reading D MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # K:\AGNDITEM\2005\criminal restitution code amend 7 2005.doc 5,D CITY OF FEDERAL WAY MEMORANDUM DATE: August 8, 2005 TO: Parks Recreation, Cultural Services and Public Safety Committee VIA: David H. M~anager FROM: Patricia A. Richardson, City Attorney ? W--- SUBJECT: Proposcd Ordinance Amending Chapter 6, Article I, Section 6-9 of the Federal Way City Code to authorize the court to order restitution in Hit and Run cases. Policy Issues: Should the City Council pass the proposed Ordinance to an1end the current Federal Way City Code to authorize the court to order restitution in Hit and Run cases? Back2;round: The current Federal Way City Code authorizes the Municipal Court to order restitution whenever a person is convicted ofa crime which results in injury to any person or damage to or loss of property, unless extraordinary circumstances exist that make restitution inappropriate. In cases of Hit and Run, the fact that the party left the scene of the accident makes investigation ofthe accident more difficult and can substantially postpone the aid of victims. As case law currently reads, restitution cannot be ordered for Hit and Run crimes unless the damage was caused specifically by leaving the scene ofthe accident or there is a provision which gives the court express authority to order restitution in cases of Hit and Run. The amendment to the City Code would authorize the Court to order restitution on cases of Hit and Run where the damages were not caused specifically by leaving the scene of the accident, but there is a prcponderance of evidence that the convicted person was at fault in the underlying accident. Options: Option One. Recommend approval of the proposed Ordinance and forward to full Council [or first reading at the September 6, 2005 City Council Meeting. Q-\ Option Two. Suggest modifications to the proposed Ordinance and provide direction to staff. Staff Recommendation: Staff recommends that the Parks, Recreation, Human Services, and Public Safety Council Committee recommend approval of the proposed amendment to Chapter 6, Article I, Section 6-9 of the Federal Way City Code and forward to full Council for first reading at the September 6, 2005 City Council Meeting. (Option 1) Committee Recommendation: Forward option _ to the full City Council for first reading at the September 6, 2005 City Council meeting. II APPROVAL OF COMMITTEE ACTION: II Committee Member K:\AGNDITEM\2005\PRHSPS\criminal restitution code amend 7-05.doc D-- 2_ ORDINANCE NO. DRAFT 8p'7/u s @ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6 OF THE FEDERAL WAY CITY CODE TO AUTHORIZE, WHERE APPROPRIATE, RESTITUTION ON HIT AND RUN CHARGES(Amending Ordinance No. 02-429) WHEREAS, the City ofF ederal Way is a non-charter code city under the laws of the State of Washington and, as such, has the power to enact ordinances for the protection ofthe public health, safety and general welfare and for other purposes; and WHEREAS, many victims of crimes are left to pay for the repair and replacement of property, medical bills and/or suffer lost wages as a result of the criminal conduct of others; and WHEREAS. the nature ofthe crime of Hit and Run makes investigation oftraffic accidents more difficult and can cause a delay in medical aid to victims; and WHEREAS, to help ensure that leaving the scene of an accident does not allow the perpetrator to benefit from that criminal conduct in cases where he or she is at fault for the accident; and WHEREAS, the Federal Way City Council finds that this ordinance is in the best interest of the public health. safety, and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON. DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 6, Article I, Section 6-9 of the Federal Way City Code is hereby amended to read as follows: ORD# , PAGE I 6-9 Restitution authorized as a condition of sentence. (a) Restitution shall be ordered by the court whenever a person is convicted of a crime which results in injury to any person or damage to or loss of property, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment and the court sets forth such circumstances in the record. In addition, restitution shall be ordered to pay for an injury, loss, or damage if the defendant pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's rccommendation that the defendant be required to pay restitution to a victim of an offense or offenses that are not prosecuted pursuant to a plea agreement. The court shall identify in the judgment and sentence the victim or victims entitled to restitution and what amount is due each victim. (b) Restitution shall be ordered by the court whenever a person is convicted of any charge of Hit and Run, whether involving persons. property, or attended vehicles under FWCC 15-1 or RCW 46.52. This rcstitution shall include: (i) damages for iniury. property loss and/or lost wages attributable to leaving the scene of the accident or collision in all cases; and ( ii) damages for iniury. property loss and/or lost wages where there is a preponderance of evidence that the convicted person was at fault in the underlying accident or collision. WW When restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within 180 days. The court may continue the hearing beyond the 180 days for good cause. Restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not includc rcimbursement for damages for mental anguish, pain and suffering, ORD# , PAGE 2 or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount ofrestitution shall not exceed double the amount ofthe offender's gain or the victim's loss from the commission of the crime. @ W The city or victim may enforce the court-ordered restitution in the same manner as a judgment in a civil action. This section does not limit civil remedies or defenses available to the victim, survivors ofthe victim, or defendant. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim. (Ord. No. 02-429, S 1, 11-19-02) Section 2. Severability. The provisions ofthis ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity ofthe application thcreofto any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. Section 4. Effectivc Date. This ordinance shall take effect and be in force five days from its passage, approval and publication, as provided by law. PASSED by the City Council ofthe City of Federal Way this _ day of ,2005. CITY OF FEDERAL WAY MAYOR, DEAN MCCOLGAN ORD# , PAGE 3 ATTEST: ~.,-~,.. , ACTING CITY CLERK APPROVED AS TO FORM: -- CITY ATTORNEY, PATRICIA RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTWE DATE: ORDINANCE NO.: K:\ORDIN\criminal restitution code amend.doc ORD# , PAGE 4 MEETING DATE: September 6,2005 ITEM#WCq ..................................................-...... CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Proposcd Code Amendment Updating Chapter 2, Article Ill, Sections 2-50 and 2-51 of the Civil Service Commission "Removal" and "Proceedings-Quorum" of the Federal Way City Code. ,,,p.,..,,,.,,.,,,,,,,,,,,,..,,,,,,,,,..,,,,,,,,,,...... "",....",....... """""..""."...,... CATEGORY: BUDGET IMP ACT: 0 CONSENT [2J ORDINANCE Amount Budgeted: $0.00 0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $ ............................- ..........................."....."''''""".. ...... .... . . ..... .......................................................,.-...... ..................................... ....... ............................................................................- A TT ACHMENTS: Memorandum dated August 1, 2005 to the Parks Recreation, Cultural Services and Public Safety Committee, Proposed Ordinance. ........."".."",,,,,,,,....,,,, . ...........................................-...... ...............................,....,.....-...... SUMMARYIBACKGROUND: The Commission (hereafter, "Commission") was establ ished, under RCW 41.12, to ensure pol ice officer appointments and promotions were made based solely on merit, efficiency, and fitness for duty, ascertained by open, competitive examination and impartial investigation. As a final step in the process, the Commission must certify the roster of eligible candidates for vacant positions in the police department in order for those candidates to be considered eligible for hiring. The Code provisions related to the Commission were enacted in 1995 and follow state law. The Code goes further than the minimum required under state law and provides for Commission alternates and limitations on the alternates. The Commission is comprised of five members, in addition to the two designated alternates. Three Commission members must be present to constitute a quorum. No action of the Commission is effective unless there is a quorum. Currently, alternates cannot be part of the quorum and may not move action or vote on matters coming before the Commission unless a Commissioner is unable to participate in a hearing on employee discipline. Additionally, the current Code does not provide protocol for the replacement ofa Commissioner in the event of incapacity. Amending the Code would allow greater efficiency in the police hiring process and broaden the participation and utility of alternates, as well as, provide a protocol for replacement of a Commissioner in the event of incapacity. CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the proposed Ordinance and forward to Council for consideration at the September 6, 2005 meeting. .,,,,,,,,,,,.......,,,,,,,,,,....,,,, . PROPOSED MOTION: "] move the proposed Ordinance to second reading and approval at the next regular meeting on September 20,2005." f\ CITY MANAGER APPROVAL: L%1 ~. ". "'''''''"""'''"'''""...."".......""...."",,,,,,''', (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 TABLEDillEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # K:\AGNDlTEM\200S\ civil service amend alternates 7-29-05.doc S.E ..... CITY OF FEDERAL WAY MEMORANDUM DATE: August 1, 2005 TO: Parks Recreation, Cultural Services and Public Safety Committee VIA: David H. M~ger FROM: Patricia A Richardson, City Attorney ~ B'f- SUBJECT: Proposed Ordinance Amending Chapter 2, Article III, Sections 2-50 and 2- 51 of the Federal Way City Code for the appointment of Commissioners. Policy Issues: Should the City Council pass the proposed Ordinance to amend the current Federal Way City Code (hereafter, "Code") (1) to authorize the Civil Service Commission (hereafter, "Commission") Chair to appoint an alternate to Commissioner status to form a quorum; and (2) to authorize the City Manager to appoint a successor to the Commission in the event a Commissioner is incapacitated? BackeTound: The Commission (hereafter, "Commission") was established, under RCW 41.12, to ensure police officer appointments and promotions were made based solely on merit, efficiency, and fitness for duty, ascertained by open, competitive examination and impartial investigation. As a final step in the process, the Commission must certify the roster of eligible candidates for vacant positions in the police department in order for those candidates to be considered eligible for hiring. The Code provisions related to the Commission were enacted in 1995 and follow state law. The Code goes further than the minimum required under state law and provides for Commission alternates and limitations on the alternates. The Commission is comprised of five members, in addition to the two designated alternates. Three Commission members must be present to constitute a quorum. No action ofthe Commission is effective unless there is a quorum. Although it does not frequently occur, there are times when a meeting cannot be held because there is no quorum. Currently, alternates cannot be part of the quorum and may not move action or vote on matters coming before the Commission unless a Commissioner is unable to participate in a hearing on employee discipline. Allowing the appropriate number of Alternates to participate and act in the event a quorum is not present would enhance the efficiency ofthe Commission. E--l Additionally, the current Code does not provide protocol [or the replacement of a Commissioner in the event o[ incapacity, which became apparent with the recent death of a Commissioner. The proposed amendment would allow the City Manager to fill the vacancy more timely. The proposed amends to the Code would allow greater efficiency in the police hiring process and broaden the participation and utility of alternates, as well as, provide a protocol for replacement of a Commissioner in the event of incapacity. Options: Option One. Recommend approval ofthe proposed Ordinance and forward to full Council for first reading at the September 6, 2005, City Council Meeting. Option Two. Suggest modifications to the proposed Ordinance and provide direction to staff. Staff Recommendation: Staffrecommends that the Parks, Recreation, Human Services, and Public Safety Council Committee recommend approval ofthe proposed amendment to Chapter 2, Article III, Sections 2-50 and 2-51 of the Federal Way City Code and forward to full Council for first reading at the September 6,2005 City Council Meeting. (Option 1) Committee Recommendation: Forward option _ to the full City Council for first reading at the September 6,2005 City Council meeting. II APPROVAL OF COMMITTEE ACTION: II Committee Member V E -- 2- ORDINANCE NO. DRAFT iJ/%j;s (j) AN ORDINANCE OF THE CITY COUNCIL O~~ THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 2, ARTICLE III, SECTIONS 2-50 and 2-51 OF THE CITY OF FEDERAL WAY CITY CODE TO BROADEN THE P ARTICIP A TION AND UTIl.ITY OF ALTERNATE COMMISSIONERS (AMENDS ORDINANCES NO. 95-244 and 96-258) ,.._,~.. _.~".. WHEREAS, the City of Federal Way Police Department and Civil Service Commission ("Commission") abide by the RCW 41.12 and the Civil Service Rules; and WHEREAS, the Commission must be comprised of a quorum in order to take action during meetings and hearings; and WHEREAS, there are two Alternate Commissioners ("Alternates") on the Commission; and WHEREAS, Alternates currently may not move action or vote on matters before the Commission unless a Commissioner is unable to participate in a hearing on employee discipline; and WHEREAS, the City Council finds that it is in the best interest of the Commission for efficicncy in the police hiring process and general business matters to update the City Code to broaden the participation and utility ofthe Alternates so that the Commission Chair may temporarily appoint an Alternate to acheive a quorum on a meeting-by-meeting basis; and WH EREAS, the City Council finds that it is in the best intcrcst ofthe Commission to grant the City Manager the authority to appoint an Alternate to fill a vacancy in thc event that a Commissioner is incapacitated, resigns, or is removed from office; ORD# , PAGE 1 ---------- NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 2, Article III, Section 2-50 of the Federal Way City Code, "Removal," is amended as follows: 2-50 Removal. Any commissioner or alternate commissioner may be removed from office for incompetency, incompatibility, dereliction of duty, malfeasance in office, or other good cause; provided, however, that no commissioner or alternate commissioner shall be removed until (1) charges have been filed, in writing; (2) the commissioner or alternate commissioner has been personally served with a written notice of charges against him or her and with a notice of hearing; and (3) after a full hearing has been convened before the Federal Way city council. The charging party in all such actions shall be the city manager. Should any commissioner or alternate commissioner be incapacitated. resign from, or be removed from office, then thc city managers hall appoint a successor to that position for the remainder of the unexpired term. (Ord. No. 96-258, S 2, 1-2-96) Section 2. Chapter 2, Article III, Section 2-51 ofthe Federal Way City Code, "Proceedings- Quorum," is amended as follows: 2-51 Proceedings - Quorum. (a) Three commissioners shall constitute a quorum and the votes of three commissioners shall be sufficient for the decision of all matters and the transaction of all business to bc decided or transacted by the commission. (b) Alternatc commissioners shall have the right to participate in the debatc and the ORD# .,PAGE2 deliberations of the commission on the regular business ofthe commission. Alternate commissioners shall not be part of the commission quorum and shall not move action or vote on matters coming before the commission, except as provided in subsections (c) and (d) of this section. (c) In the event a commissioner is disqualified from participation or otherwise unable to participate in a hearing on employee discipline, an alternate commissioner shall be appointed by the commission chair to serve in the place ofthe absent commissioner. The alternate commissioner shall be entitled to participate fully in such proceedings, and is authorized to vote on the action before the commission. .lQlJ!I the event that there arc insufficient commissioners to 1'oon a quorum at a regularly scheduled meeting, the Chair may appoint an alternate commissioner to serve in the place of an absent commissioner at that meeting.. The alternate commissioner is entitled to participate fully in the meeting and is authorized to vote on actions before the commission for the duration of the meeting. For these purposes, a commissioner arriving more than 10 minutes past the designated meeting start time will be deemed absent. (Ord. No. 96~258, S 2, 1-2-96) Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Sectjon 5. Effective Date. This ordinance shall take effect and be in force fivc (5) ORD# , PAGE 3 -.. . .. days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of ___... n.___' 2005. CITY OF FEDERAL WAY "-~~ MAYOR, DEAN MCCOLGAN ATTEST: , ',- CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: ~,"...,~.- CITY; ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\ORDIN\ 2005\Chapter 2 update~ civil service altcrnates-07-29-05.doc ORD# ______, PAGE 4 MEETING DATE: September 6, 2005 ITEM# J2lr (C) .m....""'" CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Proposed Ordinance Criminalizing the Making or Having of Burglary or Vehicle Theft Tools under Federal Way City Code, Chaptcr 6, Article IX. ......................................-...... .... .......... .............................................-...... CATEGORY: BUDGET IMP ACT: 0 CONSENT [2J ORDINANCE Amount Budgeted: $ 0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $ "",...."",..".... """,..,,,,,..,,,,, ATTACHMENTS: Memorandum dated March 7, 2005, to the Parks Recreation, Cultural Services and Public Safety Committee, Proposed Ordinance. .....""...",,,,,,,,,,"'''',,,,,.,,,,..,..,..............................................,,.....",...........................................,..."""...........................................................................................".",.............................,,,,,,,,,,,,,..,,,,"',,,,,,,,,,..,,,,,,,,,,,,,,,,,,,,,,,,.."',,.,',".,,,,,,,.,.....,',..,.,',.,.,"""',., """"'...."..............'..................................-...........................................................................". SUMMARYIBACKGROUND: Burglary and vehicle theft are crimes at epidemic levels and can be extremely difficult to prove beyond a reasonable doubt. By criminalizing the making or possession of burglary or vehicle theft tools, law enforcement has a means to stop these crimes before they happen, punish burglars and thieves, and deter would-be offenders. Other municipalities in South King County have implemented similar ordinances prohibiting the making or having of burglary or vehicle theft tools to promote the safety of persons and property. The adoption of this amendment would facilitate law enforcement and protect the citizens of Federal Way. This matter came before the Committee on March 14,2005. At that time, the Committee moved to recommend approval of the amendment to the Federal Way City Code and forward to full Council for consideration at the April 5, 2005 City Council meeting. Thc item was inadvertently omitted from the Council Agenda for April 5, 2005. The City Attorney's Office did not rcalize the oversight until August, and is requesting Council consideration at the September 6, 2005, meeting. m................................._...... . ................."" CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the proposed Ordinance and forward to Council for consideration at the April 5, 2005, meeting. """"""""""" .. .............................................................-...--....... PROPOSED MOTION, I move thned Ordioance to secood reading and appmval at the oext ,egoIar meetiog on September 20, 2005. ~-;;;:;;'~~~E~~~-;;;;;::[7~-. ... .-- --. - .... (BELOW TO BE COMPLETED BY CITY CLERKS OFF1CE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 T ABLE D/DEFERRE D/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 _~..,."_.,,m. K:\AGNDITEM\2005\burglar vehicle prowl tools ORDINANCE NO. D~~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6 OF THE FEDERAL WAY CITY CODE TO CRIMINALIZE THE MAKING OR HA VING OF BURGLARY OR VEHICLE THEFT TOOLS (Amending Ordinance No. 91-89) , "..,.~-~- . WHEREAS, among the responsibilities imposed on the City of Federal Way are those invalving enforcement af ardinances proscribing vialatians af criminal laws adapted as a part ofthe Federal Way City Cade; and, WHEREAS, the provisions of the Federal Way City Cade include identificatio.n o.f certain criminal violatio.ns in its criminal code designed to. provide for public safety within the City and to meet specific needs of the City; and, WHEREAS, to. better meet the needs o.fthe City, and to address specific areas of criminal canduct regulation, it is appropriate to. add provisions which prohibit the making or possession of burglary or vehicle theft tools. NOW, THEREFORE, THE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new sectian is added to Chapter 6, Article IX, of the Federal Way City Code, to read as follows: 6-216 Makine or havine bureIarv or vehicle theft tools. ( a) Every persan who shall make or mend. or cause to!?~ made or mended. or have in his possession. any engine. machine. toal. false key. pick lock. bit, nippers. implement. or any other item ORD# , PAGE 1 listed in subsection (b), that is adapted. designed, or commonly used for the commission ofburglarv or vehicle related theft, under circumstances evincing an intent to use or employ. or allow the san1e to be used or employed in the comm ission of a burglary or vehicle related theft. or knowing that the same is intended to be so used. shall be guilty of making or having burglar tools or vehicle theft tools. (b) The following tools are to be considered prohibited implements; slim jim, false master key. master purpose key, altered or filed key. trial ("jiggler") keys, slide hammer,lock puller. or any other implement shown by facts and circumstances is intended to be used in the commission of a burglary or yehicle inyolved theft. (c) For the purposes hereof, the following definitions shall apply: (1) False Master or Master key means: Any key or other deyice made or altered to fit locks or ignitions of multiple vehicles. or yehicles other than that for which the key was originally manufactured. (2) Altered key: Any key so altered, by cutting, filing, or other means. to fit multiple vehicles, or vehicles other than the yehicle for which the key was originally manufactured. (3) Trial ("Jiggler") keys: Keys or sets designed or altered to manipulate a vehicle locking mechanism other than the lock for which the key was originallv manufactured. (4) Vehicle related theft: A theft of a vehicle or a theft from a vehicle. (d) It shall be prima facie evidence of "circumstances evincing an intent to use for commission of burglary or vehicle related theft" for a person to be i!l.12ossession of more than three vehicle keys. or altered vchicle keys unless such person is a bona fide locksmith or an employee of a licensed auto dealer or othcr position for which the possession of such keys is required in the ORD# , PAGE 2 -- performance ofthe person's duties. (e) Making or having burglar or vehicle theft tools is a gross misdemeanor. SECTION 2. Severability. The provisions ofthis ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, suhdivision, section, or portion of this ordinance or the invalidity ofthe application thereofto any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. SECTION 3. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affinned. SECTION 4. Effective Date. This ordinance shall take effect and be in force five days from its passage, approval and publication, as provided by law. PASSED by the City Council ofthe City of Federal Way this _ day of ___~_~, 2005. CITY OF FEDERAL WAY MAYOR, DEAN McCOLGAN ATTEST: CITY CLERK ORD# , PAGE.3 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: . ORDINANCE NO. ---,',-~~'.--- K:\ORDIN\2005\burglary and veh theft tools ORD# , PAGE 4 .. S,H .. CITY OF FEDERAL WAY MEMORANDUM DATE: March 7, 2005 TO: Parks, Recreation, Human Services and Public Safety Committee VIA: DavidH.~er FROM: Patricia A. Richardson, City Attorney ~ W- SUBJECT: Ordinance Criminalizing the Making or Having of Burglary .or Vehicle Theft Tools Policv Issue Should the Federal Way City Code, Chapter 6, Criminal Code be amended to criminalize the making or having of burglary or vehicle theft tools? Background Burglary and vehicle theft are crimes at epidemic levels and can be extremely difficult to prove beyond a reasonable doubt. By criminalizing the making or possession of burglary or vehicle theft. tools, law enforcement has a means to stop these crimes before they happen, punish burglars and thieves, and deter would-be offenders. Other municipalities in South King County have also implemented ordinances prohibiting the making or having of burglary or vehicle theft tools to promote the safety of persons and property. The adoption ofthis amendment would facilitate law enforcement and protect the citizens of Federal Way_ Ootions Option One. Recommend approval of the proposed Ordinance and forward to full Council for consideration. Option Two. Suggest modifications to the proposed Ordinance and return to the Law Department. Option Three. Reject the proposed Ordinance. t-t- \ . ~ ,. Staff Recommendation Approval of the proposed Ordinance and forward to full Council for the first reading at the April 5, 2005 meeting. Committee Recommendation Move approval of the amendment to the Federal Way City Code, Chapter 6, Criminal Code, and forward to full Council for consideration at the April 5, 2005 City Council meeting. / ber K:\agnditem\PRHSPS Committee\burg \-\- L- . MEETING DATE: September 6, 2005 ITEM# XCd) ..............................~....... .. ... .............................................................._ m........... .....m....... mm............................................_........... CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Pacific Highway South HOV Lanes Phase III Condemnation ............................--- ....................... ............"",.. . ..................................-............ . . ......... ....................."... """"""""''''''''.''''''''''...''''''.''..,.'.''.''..,.,.,.,.''.'u....".''''""'.,"'."."'"...,, "'..,..""""""""".."."""',, CATEGORY: BUDGET IMP ACT: 0 CONSENT [2J ORDINANCE Amount Budgeted: $ 0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $ .... .........__.._...._........._m.... .................- ........................,..............".",. ...................-...--....- ...................- ..............mm................................_....... . . . ....... . .. .. .. . "'"." """,. ,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,...,,"'.., """'",,.. """"m~'~"~"" A TT ACHMENTS: Ordinance ...._......_........................"'..""'..."'.."'...""'__.....__m...m.._m_..m.._..m._....... .. .""."." ,,,,,.,.,,..,,......... mmmm_...m__.._mm.mm~....._.....................,""""',.."."...,'"",.,,"'., ."..m._ m ..m.mm............m..m...mm....m._ ..mmmmm..mmmm__mm......_.__ mmm._m...._.m.m..._ mmm._....m......__mmm.._.m.._m..mm.._..._m....m..~........ SUMMARYIBACKGROUND: Previously, the City Council authorized staff to acquire right-of-way for the Pacific Highway South HOV Lanes Phase III (South 284lh Street to Dash Point Road) Improvement Project for fair market value. Staff is currently contacting the property owners to negotiate the purchases. In anticipation that some or all ofthe property owners will refuse to sell because they dislike some aspect of the project, or because they want more money for their property, staff is requesting that the Council adopt the attached condemnation ordinance. The ordinance authorizes the City Attorney to commence legal proceedings to acquire the necessary properties by condemnation ifthe negotiation process fails after a reasonable amount of time, in order to allow the project to proceed. ......... ......,.,......,....,"",..".,.."'..~ mmmm.._.mm.._..__m.__...mm_...._..m......'....,.'" .. .... ..m......._._m.._._.._m_..~_m....'....,..,.........,,,.....,,....,"'"''''''''..'''.'''_''._m.m'...._mm..._m._ ..... . ...m ._m_._m__m.._._m._m_._.._..m.._._'_"_'__ mm ... .._............_mm.._.m_.__..........._.~...mm......._,,~~.............. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A ... ..."..,.,,,,,"',,,.,.,,,.... ....."....'m_..._..m__.._m______m._.._..._...._..._...... "..,., ,.,"'.,....... ...,..._.. mmm_._m..__m_m_~..~.....y~..,.....".......,",...''''n''''''''....,,,.",..,m.~ ...mmm......m............ mm.....mm.._m_.m._m__.._m.._.m.m...___m__m.m. mmm............_ .m.mm.._mm...._...._._.mmmm_ mmm._.._._mm_.....___..m. PROPOSED MOTION: "I move the condemnation ordinance to second reading and enactment at the next regular meeting on September 20,2005." CITYM~~GERAPPROVAL: fi~ --- ------- -- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1ST d. rea 109 0 TABLEDIDEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 ORDINANCE NO. DRAFT B/5tlos(1P AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE CONDEMNATION, APPROPRIATION, TAKING AND/OR ACQUISITION OF CERTAIN REAL PROPERTY AND/OR EASEMENTS FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING RIGHT-OF- WAY IMPROVEMENTS IN THE VICINITY OF PACIFIC HIGHWAY SOUTH BETWEEN DASH POINT ROAD AND SOUTH 284TH STREET, TOGETHER WITH ALL APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS ALL WITHIN THE CITY OF FEDERAL WAY; AND DIRECTING THE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION. THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Public Necessitv. The public health, safety, necessity and convenience demand that right-of-way improvements be constructed and maintained within the City of Federal Way within the vicinity of State Route 99 between Dash Point Road and South 284th Street, and that certain real property and/or easements upon property be condemned, appropriated, taken and/or damaged for the construction of said improvements as provided by this ordinance. Failure to construct such right-of-way improvements will cause traffic counts to continue to exceed capacity within the corridor of SR 99 between Dash Point Road and South 284th Street, create the potential for additional traffic and/or traffic/pedestrian accidents, and inhibit economic development within the Community Business Zone. Section 2. Public Use. The improvements demanded by public health, safety, convenience and necessity consist of those improvements shown on the Right of Way Plans dated August 16, 2005, by CH2M Hill and on file with the City of Federal Way, to wit: the construction on each side of SR 99 to achieve two general purpose vehicle lanes, a high occupancy vehicle (HOY) lane, a center left hand turn lane, a center median, a curb, gutter, planter strip, sidewalk, street lights and a utility strip for relocated utility poles and/or underground utilities, together with all appurtenances and related work necessary to make a complete improvement in accordance with Figure III-3(a), Cross Section A of the City of Federal Way Comprehensive Plan and as amended by Council authorization on May 4,2004, and other applicable City standards. Said improvements will be a part of right-of-way owned by the City of Federal Way and open for use by the general public, and therefore the useof property and/or easements condemned herein for the construction of said improvements constitutes a public use. Section 3. Condemned Property. The City Council of the City of Federal Way, after reviewing the planned improvements, hereby declares that the property and/or easements located within the City of Federal Way, legally described and depicted in Exhibit "A" attached hereto and incorporated herein by this reference ("Property"), shall be and hereby are condemned, appropriated, taken and/or damaged for the public use and purpose in installing right-of-way improvements described in Section 2 above. The condemnation, appropriation, taking and/or damaging of the Property includes the right to make all necessary slopes for cuts and fills upon adjacent lands in the reasonable original grading and maintenance of the right- of-way facilities, as well as temporary easements to enable construction of said improvements. Further, the condemnation, appropriation, taking and/or damaging of the Property shall be subject to the making of paying of just compensation to the owners thereof in the manner provided by law. Section 4. Condemnation Legal Action. The City Attorney or other attorney selected by the City Manager is hereby authorized and directed to file all necessary actions and proceedings provided by law to condemn, take and appropriate the Property in order to carry out the provisions of this ordinance. and is further authorized in conducting said condemnation proceedings and for the purpose of minimizing damages, to stipulate as to the use of the Property and as to the reservation of any right of use to the Property owner(s), provided that such reservation does not interfere with the use of the Property by the City as provided in this ordinance. The City Attorney is further authorized to adjust the location and/or width of any of the Property and/or easements condemned or taken therein in order to minimize damages, provided that said adjustments do not interfere with the use of the Property by the City as provided in this ordinance. Section 5. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause. sentence. paragraph, subdivision. section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication. as provided by law. PASSED by the City Council of the City of Federal Way this day of 2005. CITY OF FEDERAL WAY MAYOR, DEAN MCCOLGAN ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERIZ: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\ORDIN\2005\SR 99 Phase III Cond --..-.. Pacific Highway South HOV Lanes Phase III South 284th Street to Dash Point Road Right of Way Aquisition EXHIBIT A 1 3674400100 OVERLOOK CONDOMINIUM ASSOCIATES LLC Overlook Condominium Assoc LLC 2 3040200093 DAVID J RHODES Line Retail/Office (multi-tenant) 3 3040200088 TUAN& LAN NGUYEN Ginaer Spice for Hair 4 3040200085 TOM SAWYER ENTERPRISES INC Offices 5 3040200081 GARY A JOHNSON Cascade Cellular - Stove City 6 3040200070 LYNN DICH Poverty Bay Center 7 3040200065 PUGET SOUND ENERGY / ELECTRIC Puget Sound Substation 8 0421049223 NORMAN S & LORRAINE HUBNER vacant land 9 0421049105 DAVID J & BEATRICE A RHODES Line Retail 10 0421049073 BEATRICE A RHODES Line Retail 11 0421049072 ROBERT J VERZANI Sound View Auto Body 12 0421049242 ROBERT F & INGE BENSON 13 0421049081 BALDWIN FAMILY LP vacant land 14 0421049263 BALDWIN FAMILY LP vacant land 15 0421049026 WILLIAM G BALDWIN 16 0421049088 EQUILON ENTERPRISES Redondo Shell/Mini-Mart 17 3322049119 POLL FEDERAL WAY LLC Checkmate Check CashinQ 18 3322049213 TRIAD SALTWATER LLC vacant land 19 3322049157 JACQUELINE L DOMAN Blue Ridae Apartments 20 3322049048 DOUG REISS, C/O SOUNDVIEW/KIRKLAND ASSO Soundview Apartments 21 3322049092 DOUG REISS, C/O SOUNDVIEW/KIRKLAND ASSO Soundview Apartments 22 3322049085 DOUG REISS, C/O SOUNDVIEW/KIRKLAND ASSO Soundview Apartments 23 3322049041 DOUG REISS, C/O SOUNDVIEW/KIRKLAND ASSO Soundview Apartments 25 3322049088 GLENN E DAHMER Redondo View Condo 26 7876200005 RANDY L PARKER SOUNDVIEW NO. 01 (0005) CONDOMINIUM 27 7876210005 PATRICIA WURDEMAN SOUNDVIEW NO. 02(0005) CONDOMINIUM 28 7876220010 ROGER P & KAREN L HAZZARD SOUNDVIEW NO. 03 CONDOMINIUM 29 7205810010 REDONDO VISTA PH 01 CONDOMINIUM 30 3322049124 RISSHO KOSEI-KAI OF SEATTLE Office Building 31 3322049123 AARON A LYNCH vacant land 32 3322049155 AARON A LYNCH retail/office buildinQ 33 3322049057 JULIE NIVEN retail store & residence 34 3322049158 CHET H & CAROL SABOTKA retail/office building 35 3322049132 REINHARD DISTRIBUTING CO INC Office Building (Ernie's Fuel Stop) 37 0421049034 GIUSEPPE NAPPO vacant land 38 0421049047 GIUSEPPE NAPPO Verrazano's Restaurant 39 0421049070 DAVID E & LANA J KELLER vacant land 40 0421049074 DAVID E & LANA J KELLER retail with basement apartment 41 0421049041 RANL Y THI NGUYEN retail building 42 0421049036 RANL Y THI NGUYEN vacant land 43 0421049240 HUNG.JYE & SHU-TZE L1N vacant land 44 0421049140 HUNG-JYE & SHU.TZE L1N vacant land 45 0421049069 GERALD W & GENEVA I GOBEL Draperv Shop 46 0421049241 GERALD W & GENEVA I GOBEL vacant land 47 0421049007 RICHARD & KARLA MEYERS Wilson Trophy Co. 48 3040200005 PUGET SOUND ENERGY / ELECTRIC vacant land 49 3040200025 GFS REDONDO LLC Villa del Mar Apartments 50 3040200055 DAVID B RICHARDSON vacant land 51 3040200060 ELMORE JR & BARBARA N WILLIAMS vacant land 52 0521049157 LEE R & THERESA M HARRIS Sacaiawea Veterinarv Clinic 53 0421049200 ELMORE WILLIAMS, JR vacant land 54 0421049031 YUNG H HAN Shell Mini-Mart Page 1 of 2 Pacific Highway South HOV Lanes Phase III South 284th Street to Dash Point Road Right of Way Aquisition EXHIBIT A 0421049033 RICHARD P & KAY A LARSON vacant land 0421049157 RICHARD P & KAY A LARSON 40 Rentals 0421049259 MP FEDERAL WAY MOTEL LLC Federal Wa Motel 0421049035 DONALD F & JUDY A SPADONI vacant land Page 2 of 2 A -kl/ ok-/7ld.t-d J{-f d' k;d ~scr'fl/71111 /5 aI/fit //i/;{C frr ViUAJ/(f If'I-- fi<. C-fJ-Uui-s 0 f'!;{--f _ I PARCEL NO. 3674400100 RIGHT OF WA Y THA T PORTION OF THE HEREINAFTER DESCRIBED PARCEL RA w, LYING WESTERL Y OF A LINE THA T IS 55.50 FEET EASTERL Y OF ANDPARALLEL WITH THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99)_ CONTAINING 5,492 SQUARE FEET, MORE OR LESS_ PARCEL ....A.. LOTS 1,4,5, B, 9,12 AND THE WEST 90 FEET OF LOT 13, LOTS 14, 15, 16, 17, lB, 19 AND 20, BLOCK I, JEANNETTE SOUNDVIEW TRACTS, ACCORDING TO THE PLA T THEREOF RECORDED IN VOLUME 44 OF PLA TS, PAGES 6B AND 69, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 10 FEET OF LOT 14 LYING EAST OF THE WEST 90 FEET OF SAID LOT 14_ (ALSO KNOWN AS LOT A OF KING COUNTY LOT LINE ADJUSTMENT NUMBER 8901020 RECORDED UNDER RECORDING NUMBER 8912180120). SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 3674400100 rev.doc - 1 - EAR T " ~ T E C H A b/CfJlNfflWAfIO/I/AL LID. COMIl<\NY I TAX LOT NUMBER SEC. 4, T. 21 N., R. 4 E., W.M. I 3040200093 I I. I,' :u I / / 'I l:!t / I' I I 0 41 I I '8 ~ / / I I~ I I~ ~ I I '-- I ~ I I I s;? ......... "- J Q I / I I SO,9 ~ 01, SnNG I I -I I '- ~w_c~ I I I '.r---\ ~ II I j 1 N.T.S. I <t) I I PROPOSED 1 I 1 Iw I ~ ROW I 30' 1 :s: '--' I / <:(, I . I )( I / I TAX LOT NUMBER I;:r: <t) 3674400100 t-:/ I >-= 1 I 1 I (Q ~ / / Ci.S ~/ I :r vi r ~~~: I I I CJ I. 1 (jl'(\06fJ/ G:: / Is} I / 9 (JG. I I I <3 "'j' ~~~ ,.6.. I I ;f I 1: I j.-p..~~' I I I / ~ I I I I I EXlS1lNG I 1 / I I ROW I PROPOSED ROW TAKE , I I, 1 I I AREA = 5,492 S.F.x -/ f I I V' I R~19.76' I I I I L~15.'" / I I l--- / EXHIBIT MAP PARCEL 3674400100 ROW TAKE March 11, 2005 ACAD No. 3674400100 rev. E ~, ..~...scT H e T ~S.=~"'200 H 7th f100r fed<lrol WG)'. VIA. 98OQ.1 Belkntu<>. VIA. 96004 ZSJ 8.J6-6202 425 455-9494 ----.----... I EXHIBIT - PARCEL NO, 3674400100 SUBTERRANEAN WALL ANCHOR EASEMENT THA T PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A"; LYING EASTERL Y OF A LINE THA T IS 55.50 FEET EASTERL Y OF AND PARALLEL WITH THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) AND LYING WESTERL Y OF A LINE THA T IS ,110.50 FEET EASTERL Y OF AND PARALLEL WITH THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99). CONTAINING 54,132 SQUARE FEET, MORE OR LESS. PARCEL uA" LOTS 1,4,5. 8, 9. 12 AND THE WEST 90 FEET OF LOT 13, LOTS 14, 15. 16. 17. 18, 19 AND 20, BLOCK 1, JEANNETTE SOUNDVIEW TRACTS, ACCORDING TO THE PLA T THEREOF RECORDED IN VOLUME 44 OF PLA TS. PAGES 68 AND 69, IN KING COUNTY. WASHINGTON; EXCEPT THE NORTH 10 FEET OF LOT 14 LYING EAST OF THE WEST 90 FEET OF SAID LOT 14. (ALSO KNOWN AS LOT A OF KING COUNTY LOT UNE ADJUSTMENT NUMBER 8901020 RECORDED UNDER RECORDING NUMBER 8912180/20). SURVEYORS NOTE THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 3674400100 esmt.doc - 1 - EAR T " ~ T E C H A tqca W(EIWATUJAt HD. COMPANY I SEC- 4. 1: 21 N., R. 4 E"., W.M_ r I 55-5' I I ~ / / I ~ I I , f- I I~ ~ I ( I I : : I'! ~ / / II I \ I I ~ '-- I ~ / I I ), Q / SR "- "- 50' I / ...... SO.9 ~E"XlSnNG ~l / I -, I ~W_CU I / J / . r -- -- -- , <h' I' I I / / N. T.S. ,V) I 0) / / I . \ Q: I ~ I I ~ I I JD; I -q;: I I . I I / TAX LOT NUMBER I J:: (J) .3674400100 ~I I >.: / J / s I-I I i I / . / I i~f>-Gi I I Vj ~\':..'ll 6'?J , I I ~ . I aJ'(\O f;,fJ/ L- 55.5' , I !s! I / i\':.. S (JG. I I I G I I /- -"{"j ~'(\~~_ Ar'" I I ~ 1: / i-~~- I I I I /(QJ / I I /....... I I EXISnNGj / / I I 'I ROW I // 55' SUBTERRANEAN WALL ANCHOR I 'I I EASEMENT'" 54.132 $.F.i: I, I I / I I I I I 1--- / / EXHIBI T __ PARCEL 3674400100 SUBTERRANEAN WALL ANCHOR EASEMENT Rev. Aug. 16. 2005 ACAD No_ 3674400100 esmt E ~ "~'" 'LT H () - T '~,S. J33~. St".200 H 7th Roo.- fedeml Way. W^ 98003 Bellevue. W^ 98004 25J 838~6202 425 455-9494 2. PARCEL NO. 3040200093 RIGHT OF WAY THE WEST B.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL "A ': CONTAINING 3,317 SQUARE FEET. MORE OR LESS. PARCEL "'A" LOTS 6, 7, AND 8, BLOCK 2, HALL'S ACRE TRACTS, ACCORDING TO mE PLA T THEREOF RECORDED IN VOLUME 20 OF PLA TS. PAGE 25, IN KING COUNTY. WASHINGTON; EXCEPT THE WEST 20 FEET CONVEYED TO THE STATE OF WASHINGTON FOR ROAD PURPOSES BY RECORDING NUMBER 2095839; AND EXCEPT THE EASTERL Y 120 FEET OF LOT 6; AND EXCEPT mE EASTERL YI40 FEET OF LOT 7; AND EXCEPT THE NORTHERL Y 103 FEET OF THE EASTERL Y 140 FEET OF LOT 8; TOGETHER WITH THA T PORTION OF VACA TED SOUTH 296TH STREET, ALSO KNOWN AS SUMMIT A VENUE, 30 FEET IN WIDTH, PURSUANT TO ORDINANCE NO. 5944 UNDER RECORDING NUMBER 20020506001694 AS ATTACHED TO SAID PREMISES BY OPERA TlON OF LAW SURVEYORS NOTE: THE CENTERUNE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBUC WORKS. , 3040200093 rev.doc -1 - EAR T " ~ T E C H A tJFD INTHWATIONAL LID. COMfI4I<< . 2. TAX LOT NUMBER SEC. 4, T. 21 N.. R. 4 E.. w.M. 58.5' 3040200088 I PROPERTY UNE 30' I , C~S I ! ~~ I ~cY\? 41 I ~~S (JG- z y,t' 'l-O, :J I , od'l-:"cY )... .... I T '3v eJ I Q 0 50' Q:: I Q I , N. T.S. I I ~ PROPOSED I ROW 41 I vj I a:) :t- I ~I ~ p 0 I 0 ....--",. Z ()) I iE I ()) TAX LOT NUMBER 41 3040200093 z I ~I Cl:::: .:J (I) ~ '---' ~ vj I ll:: I I >-.: Q S:: I J: (J PROPOSED ROW TAKE I I G:: AREA = 3,317 SI.I I I 0 <;( I Q PROPERTY UNE , 55.5' PROPER 1Y UNE I so-l TAX LOT NUMBER 3674400100 EXHIBIT MAP PARCEL 3040200093 ROW TAKE Rev. March It, 2005 ACAD No. 3040200093 rev. E A R T H ~ T E C H 10600 NeE. 8th St 720 s. nJ St. Ste.200 7th floo.- Federal Way. WA 96003 lie""""", WA 98004 253 638~6202 425 455-9494 ;?, EXHIBIT - PARCEL NO. 3040200093 SUBTERRANEAN WALL ANCHOR EASEMENT THA T PORT/ON OF THE HEREINAFTER DESCRIBED PARCEL MA: DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECT/ON OF THE SOUTH LINE OF SAID PARCEL RAM WITH A LINE THA T IS 8.SO FEET EAST OF AND PARALLEL WITH THE EAST MARGIN OF PACIFIC HIGHWA Y SOUTH (SR 99); THENCE NORTH ooa 00' 48" EAST ALONG SAID PARALLEL LINE, 320.23 FEET TO THE INTERSECT/ON OF A LINE THA T IS 70.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID PARCEL GA~; THENCE SOUTH 88a 18' 32" EAST ALONG .SAID PARALLEL LINE, 10.00 FEET TO THE INTERSECT/ON OF A LINE THAT IS 18.50 FEET EAST OF AND PARALLEL WITH THE EAST MARGIN OF PACIFIC HIGHWA Y SOUTH (SR 99),- THENCE SOUTH 00" 00' 48w WEST ALONG SAID PARALLEL LINE, 260.11 FEET; THENCE SOUTH 89a 59' 12w EAST, 42.00 FEET TO THE INTERSECT/ON OFA LINE THA T IS 6O.SO FEET EAST OF AND PARALLEL WITH THE EAST MARGIN OF PACIFIC HIGHWA Y SOUTH (SR 99); 1HENCE SOUTH 000 00' 48w WEST ALONG SAID PARALLEL LINE, 61.36 FEET TO THE SOUTH LINE OF SAID PARCEL RAW; THENCE NORTH 880 18' 20" WEST ALONG SAID SOUTH LINE, 52.02 FEET TO THE POINT OF BEGINNING. CONTAINING 5,753 SQUARE FEET, MORE OR LESS. TOGETHER WITH THE NORTH 50 FEET OF THE EAST 10 FEET OF THE WEST 18.5 FEET OF THE HEREINAFTER DESCRIBED PARCEL "A'" CONTAINING 500 SQUARE FEET. MORE OR LESS. PARCEL uA" LOTS 6, 7, AND 8, BLOCK 2, HALL'S ACRE TRACTS, ACCORDING TO THE PLA T THEREOF RECORDED IN VOLUME 20 OF PLA TS. PAGE 25, IN KING COUNTY. WASHINGTON; EXCEPT THE WEST 20 FEET CONVEYED TO THE STA TE OF WASHINGTON FOR ROAD PURPOSES BY RECORDING NUMBER 2095839; AND EXCEPT THE EAS1ERL Y 120 FEET OF LOT 6; AND EXCEPT THE EASTERLY 140 FEET OF LOT 7; AND EXCEPT THE NORTHERL Y 103 FEET OF THE EASTERL Y 140 FEET OF LOT 8; TOGETHER WITH 1HA TPORT/ON OF VACA TED SOUTH 296TH SffiEET. ALSO KNOWN AS SUMMIT AVENUE, 30 FEET IN WIDTH, PURSUANT TO ORDINANCE NO. 5944 UNDER RECORDING NUMBER 20020506001694 AS A TTACHED TO SAID PREMISES BY OPERA T/ON OF LAW. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WAY PLANS FOR SR99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 3040200093 wan esmt.doc ~ 1 ~ EAR T H €> T E C H A tqca /IofffIWATIONIlL LTD_ C(;IM/'IWY C. SEC. 4. T. 21 N., R. 4 E.. w'M, PROPERTY UNE I 30' 685 SUB TfRRANEAN WALL ANCHOR 1 I EASEMENT AREA = 500 S.F.r I I I 41 I :.<:: :J )... I I ..... , 50' fj I I Q 0 8: I is , N.TS. I 68.5' ",c.?-t..,{:> I 41 'S ~G. \\~ 1-0. . I Vi I Q) ad 1-~()\.-. o-t I ~I 0 'Q\; P C 0 I ..-..... :.<:: 0) I iSl 0) d TAX LOT NUMBER ~ I-Em""" r 3040200093 ~I 0:::: :J I (I) )... '----- ..... ROW Cjt :5 {f) Q I EXlSnNG --1 0 Q:: I >-.: Q I S:: I :r: ROW 0 I I G:: .0 58.5' I I "'( Q <0 I "l lO PROPF:RTY LINE I I SUB TERRANEAN WALL ANCHOR EASEMENT AREA = 5.753 S.F.r I 30' 555 PROPERTY UNE EXHIBI T - PARCEL 3040200093 SUBTERRANEAN WALL ANCHOR EASEMENTS Rev. Aug. 16, 2005 ACAD No. 3040200093 wall esmt E A R T H @ T E C H .- 10800 NL 8th St. 720 $. 333 St. 5te.2OO 7th FloQr Federal Way, WA 98003 8ellevue. WI>. 98004 253 8J8-6202 425 455-9494 2.. EXHIBIT - PARCEL NO. 3040200093 PERMANENT UTILITIES EASEMENT THE SOUTH 20 FEET OF THE NORTH 70 FEET OF mE EAST 13 FEET OF THE WEST 21.5 FEET OF THE HEREINAFTER DESCRIBED PARCEL "A "- CONTAINING 260 SQUARE FEET, MORE OR LESS. PARCEL ""An LOTS 6, 7, AND 8, BLOCK 2. HALL'S ACRE TRACTS, ACCORDING TO THE PLA T THEREOF RECORDED IN VOLUME 20 OF PLA TS, PAGE 25, IN KlNG COUNTY. WASHINGTON; EXCEPT THE WEST 20 FEET CONVEYED TO mE STA TE OF WASHINGTON FOR ROAD PURPOSES BY RECORDING NUMBER 2095839; AND EXCEPT THE EASTERLY 120 FEET OF LOT 6; AND EXCEPT THE EASTERL Y 140 FEET OF LOT 7; AND EXCEPT THE NORTHERL Y 103 FEET OF THE EASTERL Y 140 FEET OF LOT 8; TOGETHER WITH THA T PORTION OF VACA TED soum 296m STREET, ALSO KNOWN AS SUMMIT AVENUE, 30 FEET IN WIDTH, PURSUANT TO ORDINANCE NO. 5944 UNDER RECORDING NUMBER 20020506001694 AS A TrACHED TO SAID PREMIS,ES BY OPERA TlON OF LAW. SURVEYORS NOTE: THE CENTERUNE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE Willi THE CITY OF FEDERAL WA Y PUBUC WORKS. \ 3040200093 pue esmt.doc - 1 - EARTH@T E C H A tqco INl</lNIlT/ONllJ.. Ull.. COMIWItI' _______n __.. r:. 58.5' SEC. 4. r. 21 N., R. 4 E., W.M. PROPERTY UNE I 30' a I 10 ^ I I I 13' ~ I ::J )... I I l-- , 50' f5 I I PERMANENT UnUnES & EASEMENT = 260 S.F.:t 0:: / Q I -() , N.TS. I p..d-\~ I ...../ PROPOSED I ROW 'S ?G' '(\~ '1--0. I (Fj I Q) r# 'l-~O\-' .,. 0 0'-' I ~I p 0 I 0 I ..--..... ~ Q) I 2:/ Q) TAX LOT NUMBER 41 3040200093 ~ ~j f7j ::J I '--' ,-''''SI1NG I t:- ROW c;t 15 v) EXlSnNG ~ & , 0:: / )..: Q I $ I ::r: ROW () I / I G::: (J I I <::l: Q / PROPERTY UNE / I I 30' PROPERTY UNE EXHIBI T PARCEL 3040200093 PERMANENT UTILITIES EASEMENT Rev. Aug. /6, 2005 ACADNo. 3040200093 pue esmt E A R T H @ T E C H 10800 N-E. 8th St. 720 S. .ll3 St. Ste..200 7th lloo.- federal Way, WA 98003 Belhwue. WA 98004 253 838-6202 425 455-9494 3, PARCa.. NO. 3040200088 RIGHT OF WAY 11-/E WEST 8. 50 FEET OF THE HEREINAFTER DESCRIBED PARCEL "Aw. CONTAINING 510 SQUARE FEET. MORE OR LESS. PARCEL "A" 71-IE WEST HALF OF LOT 5, BLOCK 2, HALL'S ACRE TRACT, ACCORDING TO THE PLA T THEREOF IECORDED IN VOLUME 20 OF PLA TS, PAGE 25, IN KING COUNTY, WASHINGTON; EXCEPT THE K€ST 20 FEET THEREOF CONVEYED TO THE ST A IE OF WASHINGTON FOR ROAD BY DEB] RECORDED UNDER RECORDING NUMBER 2095839; AND EXCEPT THE NORTH 60 FEET. SURVEYORS NOTE: THE CENTERLl/IE OF PACIFIC HIGHWAY SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 30402000B8. doc - 1 - EARTU@T E C H AfycaIlV1f1lNAT/C1N,6.LOD. WMP,WY 3, SEC. 4. T. 21 N., R. 4 E., w..u. 54.5' I TAX LOT NUMBER I 30-4-0200081 I PROPERTY UNE T .~ I N.T..S. TAX LOT NUMBER I .3040200085 I GiS ,~p.: ~c:Y\~ \..(S (JG. 41 PROPER TY LINE "I'l '},.O. 50' 1.-. . ~ e\: ~"t- ...-.." Q 0) P PROPOSED l<J ()) Q ~ 0 ROW :::i 0:: ~I ~ i': 0 TAX LOT NUMBER (f) ci f5 '--' <0 3040200088 & (fj 0:: EXISTING Q )...,: ROW C/I- -- PROPOSED ROW TAKE $: AREA = 510 S.F.x J::: PROPERTY LINE 0 G:: U I EXISTING --1 -<:( ROW Q I TAX LOT NUMBER 3040200093 58.5' EXHIBIT MAP PARCEL 3040200088 ROW TAKE NOV. 2004 . ACAD No. 3040200088 E A. R T H €> T E C H 10800 N.E. 8th St. 720 s. 33J St. Ste.2oo 7th ROO( feder..1 WG)'. WA 98003 Bell........, WA 98004 2SJ 638-6202 425 455-9494 Li PARCEL NO, 3040200085 RIGHT OF WA Y / THE WEST B.50 FEET OF mE HEREINAFTER DESCRIBED PARCEL "An. / CONTAINING 510 SQUARE FEET, MORE OR LESS. PARCEL "A" LOT 5, BLOCK 2, HALL'S ACRE TRACTS, ACCORDING TO THE PLA T THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 25,IN KING COUNTY. WASHINGTON; EXCEPT THE WEST 20 FEET THEREOF CONVEYED TO THE STA TE OF WASHINGTON FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 2095839; AND EXCEPT mE SOUTH 60 FEET. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 3040200085 rev.doc - 1 ~ EAR T H ~ T E C H A tqco NTffWATIONA/. LID. roMPMiY 4 SEC. 4, T. 21 N., R. 4 E., W.M. 54.5' I TAX LOT NUMBER I 3040200081 I PROPERTY LINE , PROPOSED N. r.5. ROW TAX LOT NUMBER I .3040200085 -f.> ~",G - PROPOSED ROW TAKE ",d\~ AREA = 510 S.Li: ,..\..~S \,G' 41 PROPERTY UNE ~ 1-0. 50' '2-, l-. . co eV ..,. ....--.... <:, I (J) P I.u (J) C Z <:> ::J 0::: ~I )... l- V> TAX LOT NUMBER g '--' I 3040200088 (fj a: EXISnNG ;>-: RowelL $ :r: PROPER TY LINE 0 G:: <-> I EXlSnNG -I 00:( ROW Q I TAX LOT NUMBER .3040200093 58.5' EXHIBIT MAP PARCEL 3040200085 ROW TAKE Rev. March 11, 2005 ACAD No. 3040200085 rev. E A R T H @ T E C H 10600 N-E. 8th SL 720 S. S3J st- St...200 7th Floo.- Federol Way, VIA 98003 8eUevue, WA 98004 ZSJ 838-6202 425 455~9494 . L-J EXHIBIT - PARCEL NO. 3040200085 PERMANENT UTILITIES EASEMENT THE NORTH 10 FEET OF THE EAST 18 FEET OF THE WEST 26.5 FEET OF THE HEREINAFTER DESCRIBED PARCEL RA ': CONTAINING lBO SQUARE FEET, MORE OR LESS_ PARCEL ""A U LOT 5, BLOCK 2, HAll'S ACRE TRACTS, ACCORDING TO THE PLA T THEREOF RECORDED IN VOLUME 20 OF PLA TS, PAGE 25, IN KING COUNTY. WASHINGTON; EXCEPT THE WEST 20 FEET THEREOF CONVEYED TO THE STA TE OF WASHINGTON FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 2095839; AND EXCEPT THE SOUTH 60 FEET. SURVEYORS NOTE: THE CENTERUNE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WAY PUBLIC WORKS. , 3040200085 pue esmt.doc - 1 - EAR T " ~ T E C H .A tqcu tmEfINlU1(~AL LTD. COMPJWY ---.-.-- L-/ SEC. 4, T- 21 N_, R. 4 L WM. I TAX LO T NUMBER I I 3040200081 PRoPERTY LINE , 58.5' PERMANENT ununES EASEMENT N.T-S. AREA = 180 $.F.x I I TAX LOT NUMBER is 3040200085 i\tt-G t-G~\~ ~S ~G. \;\t-\J Q. 41 50' PROPERTY UNE '1.-. l.. 'V ~ aU .-....0 I Q) P w Q) g PROPOSED ~ --J 0::: zl ROW >- l- (f) TAX LOT NUMBER e; ............ I .3040200088 ?s (fj Q:: EXISTING Q >.-: ROW C/L $ :r PROPER TY LINE CJ G: (3 I EXISnNG -I <:( ROW Q I TAX LOT NUMBER 3040200093 58.5' EXHIBI T ~ PARCEL 3040200085 PERMANENT UTILITIES EASEMENT July 2B, 2005 ACAD No. 3040200085 pue esmt E A R T H €> T E C H 10600 N.(. 8th St. 720 S. 3J3 Sl. st...200 7th noo.- federal WG)'. WA 9800J Bell..""", WA 98004 253 636-6202 425 455-9494 5: EXHIBIT - PARCEL NO. 3040200081 RIGHT OF WAY AND UTILITIES EASEMENT THE WEST 3.50 FEETOF THE HEREINAFTER DESCRIBED PARCEL "A". CONTAINING 420 SQUARE FEET. MORE OR LESS. PARCEL uA" THE WEST 100 FEET OF LOT 4, BLOCK 2. HAlL'S ACRE TRACTS, ACCORDING TO THE PLA T THEREOF RECORDED IN VOLUME 20 OF PLA TS, PAGE 25, 'IN KlNG COUNTY. WASHINGTON; EXCEPT THE WEST 20 FEET THEREOF CONVEYED TO THE STA TE OF WASHINGTON FOR ROAD BYDEED RECORDED UNDER RECORDING NUMBER 2095839. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. i 3040200081 esmtdoc - 1 - EAR T H ~ T E C H A b/CD INffRNATlONAL LID. roM/l4NY !) I SEC. 4, T. 21 N., R. 4 E., W.M. I :--- PROPOSED 58.5' ROW TAX LOT NUMBER I 3040200070 I - PROPERTY LINE T ~ ::J 50' ~ N.T.S. fj 1 f'\. & Q:: p..G~ f'\. Q ~~ ~I' Q:) TAX LOT NUMBER ...d' '/.-"J <:) ti d 3040200081 ~S (JG. ~" <"l ~ '/.-0. .-..,. , e\.. d 'i-'/.-~' ()) 53.5' Q) , U:: , (J) I.oJI '--' ~ ~3.5' ROW AND UllUllES , EASEMENT = 420 S.Pox Vi a <<l .:'t. >-= (:) p ~ 0 - EXISllNG PROPERTY UNE :r 0 z ROW c;t I 0 G:: (3 '<:( 1 EXfSllNG 1 Q TAX LOT NUMBER ROW I-- PROPOSED 30402000B5 ROW I . 58.5' PROPER TY LINE I EXHIBIT - PARCEL 3040200081 ROW AND U TILl TIES EASEMEN T Rev. Aug.. 16, 2005 ACAD No. 3040200081 esmt. E A R T H ~ T E C H 10800 N.E. 6th St. 7:ro S. 3J3 St. st...200 7th fl<lor federol Way. WA 98OO.J 8ellewe. WA 98004 ZSJ 838-6202 425 455-9494 --------- b PARCEL NO, 3040200070 RIGHT OF WAY THE WEST B.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL RAW. CONTAINING 2,041 SQUARE FEET, MORE OR LESS. PARCEL "'A" LOTS 2 AND 3, BLOCK 2. HALL'S ACRE TRACTS, ACCORDING TO mEPtA T THEREOF RECORDED IN VOLUME 20 OF PLA TS; PAGE 25, IN KlNG COUNTY. WASHINGTON; EXCEPT THE WEST 20 FEET THEREOF CONVEYED TO mE STA TE OF WASHINGTON FOR ROADS BY DEE3D RECORDED UNDER RECORDING NUMBER 2099409; EXCEPT THAT PORHON DESCRIBED AS FOLLOWS: BEGINNING AT mE SOUTHEAST-CORNER OF SAID LOT 3; THENCE WESTERt Y ALONG THE SOUTH UNE OF SAID LOT 3, 128.60 FEET; mENCE: NORmERL Y 240.00 FEET. MORE OR LESS, TO A POINT ON THE NORTH LINE OF LOT 2 AND 129.80 FEET WEST OF mE NORTHEAST CORNER OF SAID LOT 2; THENCE EASTERLY ALONG SAID NORTH LINE, 129.80 FEET TO THE NORTHEAST CORNER OF SAID LOT 2; 71IENCE SOUTHERL Y ALONG THE EAST LINE OF SAID LOTS 2 AND 3, 240.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3 AND THE TRUE POINT OF BEGINNING. (ALSO KNOWN AS LOT 10F KlNG COUNTY LOT LINE ADJUSTMENT NO. 8709006, RECORDED UNDER RECOROING NUMBER 8709140672). SURVEYORS NOTE: mE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE wlm THE CITY OF FEDERAL WAY PUBLIC WORKS. J(J40200070 rev.doc ~1~ EAR T H ~ T E C H A tqcn INTfJWA.lI(1NII.l Ull COMP/WY ra SEe. 4, T. 21 N., R. 4 E.. W.M. I TAX LO T NUMBER 3040200065 58.5' PROPERTY LINE I , 50' N.T-S. PROPOSED ROW I TAX LOT NUMBER 3040200070 ..-..", ()) ()) 41 t..J <:: . ::J 0::: OX) (J) ~~ ).... '--' 0 I ...... 'p ~ (fj 0 PROPOSED ROW TAKE Q ~ AREA = 2,041 S.F.r 0::: >-= is Q $: EXISnNG ~p"c. ::r: ROW eft p"cY-\? <.) p..\..~S ~G' G: ~ 1-0. 0 rP- 1-:.p... <:( I - ev Q EXISnNG ROW PROPERTY LINE 54.5' TAX LO T NUMBER .3040200081 EXHIBIT MAP PARCEL -3040200070 ROW TAKE Rev. March 11, 2005 ACAD No. 3040200070 rev. E A R T H ~ T E C H 10600 H.E. 8th SL 720 $_ J3J St. Ste.200 7th Floor _ Federol Wqy. WA 98003 Bellevue, WA 98004 253 836-6202 425 455-9494 ---.."."". G; EXHIBIT - PARCEL NO. 3040200070 PERMANENT UTILITIES EASEMENT THE SOUTH 13 FEET OF THE EAST 10 FEET OF THE WEST 18.5 FEET OF THE HEREINAFTER DESCRIBED PARCEL "A w. CONTAINING 130 SQUARE FEET, MORE OR LESS" PARCEL ....A" LOTS 2 AND 3, BLOCK 2. HALL'S ACRE TRACTS, ACCORDING TO THE PLA T THEREOF RECORDED IN VOLUME 20 OF PLA TS, PAGE 25, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 20 FEET THEREOF CONVEYED TO THE STA TE OF WASHINGTON FOR ROADS BY DEED RECORDED UNDER RECORDING NUMBER 2099409; EXCEPT THAT PORnON DESCRIBED AS FOLLOWS' BEGINNING AT mE SOUTHEAST CORNER OF SAID LOT 3; THENCE WESTER'- Y ALONG THE SOUTH LINE OF SAID LOT 3, 12B.60 FEET; THENCE NORTHERL Y 240.00 FEET, MORE OR LESS, TO A POINT ON mE NORTH LINE OF LOT 2AND 129.80 FEET WEST OF THE NORTHEAST CORNER OF SAID LOT 2; THENCE EASTERL Y ALONG SAID NORTH LINE, 129.BO FEET TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTHERL Y ALONG THE EAST LINE OF SAID LOTS 2 AND 3, 240.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3 AND THE TRUE POINT OF BEGINNING. (ALSO KNOWN AS LOT 1 OF KING COUNTYLOT LINE ADJUSTMENT NO. 8709006. RECORDED UNDER RECORDING NUMBER 87(9140672). SURVEYORS NOTE: THE CENTERUNE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON mE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 3040200070 pue esmtdoc - 1 - EAR T " ~ T E C H A tyca 1NffRNI\1IOtVAL UP. COMPIWY b SEe. 4, T. 21 N., R. 4 E., w'M. I TAX LOT NUMBER 3040200065 58.5' I PROPERTY UNE , 50' I N.T-S. PROPOSED ROW I I I TAX LOT NUMBER 3040200070 ..--.... 0> 0> l<J I ~ 0::: . C? ::J 0;) ~t' V) ~I ).. '--' p..c7-\~ I- 0 u:S ~G- eJ vi 0 I & ~ ~p.l~O. 0::: >-= #'l-~ Q S: EXISTING ~\) :r: ROW C/L I () G:: G PERMANENT UnUnES EASEMENT <:( Q I AREA = lJO S.F.r PROPERTY UNE TAX LOT NUMBER .3040200081 EXHIBI T ~ PARCEL 3040200070 PERMANENT UTILITIES EASEMENT July 28, 2005 ACAD No. 3040200070 pue esmt E A R T H @ T E C H 10800 N.E. 8th Sf. 720 S. 333 Sf. ste.200 7th Aoor Fed""". Way. WA 98003 801"""""- WA 98004 253 838-6202 425 455-9494 7 PARCEL NO, 3040200065 RIGHT OF WAY n-IE WEST B.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL" A ft_ CONTAINING B69 SQUARE FEET. MORE OR LESS. PARCEL "'Au LOT 1, BLOCK 2, HALL'S ACRE TRACTS, ACCORDING TO THE PLA T THE1BJF RB.XJRDED IN VOLUME 20 OF PLATS, PAGE 25, IN KING COUNTY, WASHINGTON; EXCEFT THE WEST 20 FEET THEREOF CONVEYED TO THE STA TE OF WASHINGTON FOR ROADS BY DEED RECORCED UNDER RECORDING NUMBER 2099409; AND EXCEPT THE NORTH 15 FEET DEEDED TO KING COUNTY BY INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 2769028. SURVEYORS NOTE: THE CENTERUNE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 3040200065. doc - 1 - EARTH@T E C H A tyco fNTHU'IAlIOfJAL HD- a>>.Af'A#Y 7 SEC. 4, T. 21 N., R. 4 E., W.M. I TAX LOT NUMBER 58.5' 0421049223 I - - - ~ 0 I '"1 Ii) - - - - - ~ N. r.5. I 50' PROPOSED ROW ..-.... TAX LOT NUMBER .0} 3040200065 0} 0::: 41 <t) . QJ '--' -~I c PROPOSED ROW TAKE vi ? 0 AREA = 869 5..F.:r 0 ~ ~ S: EXlSnNG .J:: ROW Cjl PROPERTY UNtO G~ () p..C~\~ G: <:3 ,...\.-~S (JG. <:( Y. 1..0. Q EXISnNG~ cP-'/..~ I ROW ~\,: I TAX LOT NUMBER 3040200070 585 EXHIBIT MAP PARCEL 3040200065 ROW TAKE NOV. 2004 ACAD No. 3040200065 E A R T H @ T E C H 10800 H.E. 8th Si- 720 S. 333 St. ste.200 7th floo<" federal WOy,WA 98003 Bellevue. WA 98004 253 838-6202 425 455-9494 '6 PARCEL NO. 0421049223 RIGHT OF WAY THE WEST 8.50 FEET OF 1HEHEREINAFTER DESCRIBED PARCEL "A ". CONTAINING 2,671 SQUARE FEET, MORE OR LESS. PARCEL UA" mE WEST 200 FEET OF THA T PORTION OF THE NORTH HALF OF THE NORTH HALF OF mE SOUTHWEST QUARTffi OF THE NORTHWEST QUARTffi OF SECTION 4, TOWNSHIP 21 NORTH; RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EASTERLY OF THE EAST UNE OF STA TE ROAD NO.1, WHICH IS PACIFIC HIGHWAY SOUTH; EXCEPT THA T PORTION OF THE SOUTH 15 FEET THEfBJF CONVEYED TO KING COUNTY BY DEED . RECORDED UNDER KING COUNTY RECORDING NUMBER 7412050522; AND EXCEPT THOSE PORTIONS CONVEYED TO KING COUNTY FOR ROAD BY DEEDS RECORDED UNDER KING COUNTY RECORDING NUMBERS 2769029 AND 6118785. I SURVEYORS NOTE: THE CEN1ERUNE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEJ::ERAL WA Y PUBUC WORKS. 0421049223.doc - 1 - EARTH@T E C H A UfCD I/illERNIl.TIO/VIll Un. COIW>MIY cz SEe. 4, T. 21 N., R. 4 E., W.M. 58.5' TAX LOT NUMBER 0421049105 PROPERTY LINE 50' T N. r.5.. I I<j TAX LOT NUMBER 3'; 41 . 0421049223 >- <Q t-- 'l- ~ (;) p ~ 0 Q:: 0 Q ~ I .-.... 0) PROPOSED ROW TAKE 0) AREA = 2.671 SF::t 0:: <t) . '--' vi EXISTING )..: ROW ~ TAX LOT NUMBER :r I 0421049085 U - ~- G: 58.5' - - - <3 0 IQ "<( 'l- 10 f-') Q ~ - - - - - - -. EXHIBIT MAP PARCEL 0421049223 ROW TAKE NOY. 2004 ACAD No. 0421049223 E A R T H @ T E C H 10800 NJ: 8th st. 720 S. 33J St. ste.200 7th F100c Fede<-al WG)', WA 9800J Bellevue, WA 9800-t 253 8J8~6202 425 455-9-4-94 q PARCa. NO. 0421049105 RIGHT OF WA Y THEWEST 8.50 FEET OF THE HERElNAF1ER DESrnlBED PARCEL "A W. CONTAINING B50 SQUARE FEET. MORE OR LESS. PARCEL uA." 7HE SOUTH 100 FEET OF THE SOUTH 200 FEET OF THA T PORTION OF THE EAST 202.42 FEET OF THE K-EST 424.B4 FEET OF GOVERNMENT LOT 4, SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM., IN KlNG COUNTY, WASHINGTON, LYING EASTERL Y OF PRIMARY STATE HIGHWA Y NUMBER 1. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 0421049105.doc ;.. 1 - EAR T " ~ T E C H A tqca IHff.IWAJIOIWIt UV_ <<JMMNY ------------ q SEC- 4, T. 21 N., R. 4 E., w.^". 58.5' I TAX LOT NUMBER I 0421049073 I PROPERTY UNE T 50' PROPOSED N. [S. ROW I ...--.... 0) 0) lo Z 0:: :::J .,,(1) TAX LOT NUMBER :>- I- '--' fJ 042104-9105 vi ~ & >-.: ~ ::r:: PROPOSED ROW TAKE I 0 AREA = 850 S.P.r G:: l,J U . "<( co .... Q b P PROPERTY UNE 0 0 :z [XISTING ROW l-- EXlSnNG I Rowe/L . TAX LOT NUMBER I 0421049223 58.5' EXHIBIT MAP PARCEL 0421049105 ROW TAKE OCT. 2004 ACAD No. 042104-9105 E A R T H @) T E C H 10800 NL 8th St. 720 s. 33.1 St; ste.2oo 7th ROO( feder<JI Way. WA 98003 Bel!"vue. WA 98004 25.1 8J8~6202 425 455-9494 9 EXHIBIT - PARCEL NO. 0421049105 PERMANENT UTILITIES EASEMENT THE soum 13 FEET OF THENORTH 38 FEET OF mE EAST 10 FEET OF THE WEST 18.5 FEET OF THE HEREINAFTER DESCRIBED PARCEL "A ". CONTAINING 130 SQUARE FEET, MORE OR LESS_ ) PARCEL "".4" THE SOUTH 100 FEET OF THE SOUTH 200 FEET OF TI-IA T PORTION OF THE EAST 202.42 FEET OF THE WEST 424.84 FEET OF GOVERNMENT LOT 4, SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM, IN KING COUNTY, WASHINGTON, LYING EASTERL Y OF PRIMARY STA TE HIGHWA Y NUMBER 1. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS_ 0421049105 pue esmtdoc - 1 - EAR T " ~ T E C H A tqcu Ifm'RllAI/ONAJ.. UO. COMPIINY 9 I SEe. 4. T. 21 N., R. 4 E., W.M. 58.5' I TAX LOT NUMBER I 0421049073 I PROPOSED ROW I I PROPERTY UNE - I T 50' , 0 I .0 ('4 10' PERMANENT unUnES EASEMENT N.TS ~~ AREA = 130 $.F.:t I I ..-..... t.J Q) ~ 0) 10' ::J 0:: ;,. >-- ~I l- ~ ei TAX LOT NUMBER Q vi 0 0421049105 It >-= I ~ I J:: 0 L... I 41 (J . "'{ QJ Q "<t- o p PROPER TY UNE <::> '~----------""'7 <::> <:: Ex/snNG . ROW L EXlsnNG I ROW e/l- TAX LOT NUMBER I 0421049223 58.5' I EXHIBI T - PARCEL 0421049105 PERMANENT UTILITIES EASEMENT July 28, 2005 ACAD No. 0421049105 pue esmt E A R T H @ T E C H 10800 N.L 8th St. 720 s. 333 St. Ste.2OQ 7th floor Federal Way. WA 98003 ~llevue. WA 98004 253 8.J6-6202 425 455-9494 10 PARCEL NO, 0421049073 RIGHT OF WAY mA T PORBON OF THE HEREINAFTER DESCRJ8ED PARCEL -A R LYING m=S7ERL Y OF mE FOLLOWING DESrn1.BEO UNE: BEGINNING A T THE INTERSECTION OF THE soum LINE OF SAID PARCEL -A W WITH A LINE THA T IS 8.50 FEET EAST OF AND PARALLEL WITH THE EAST MARGIN OF PACIFIC HIGHWA Y SOUTH (SR 99); THENCE NORTH 00. 00' 48- EAST ALONG SAID PARALLEL LINE. 62.09 FEET; THENCE NORm 01. 09' 44. EAST, 237.94 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL . A., SAID POINT BEING SOUTH BBo 23' 4r EAST, 13. 2B FEET FROM THE NORTHWEST COR/IER OF SAID PARCEL "A W AND THE END OF THIS LINE DESCRIPTION. CONTAINING 3,119 SQUARE FEET. MORE ORLESS. PARCEL "A" THE NORTH 100 FEET OF THE SOUTH 200 FEET OF THA T PORTION OF THE EAST 202.42 FEET OF THE \M:ST 424.84 FEET OF GOVERNMENT LOT 4, SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM., IN KING COUNTY, WASHINGTON, LYING EASTERL Y OF PRIMARY STATE HIGHWA Y NUMBER 1; AND mA T PORTION OF THE NORTH 200 FEET OF THE soum 400 FEET OF THA TPORTlON OF THE EAST 202.42 FEET OF mE \M:ST 424. 84 FEET OF GOVERNMENT LOT 4, SECTION 4, TOWNSHIP 21 NORTH, RANGE4EAST, W.M.,/NKlNGCOUNTY, WASHINGTON, LYING EASTERLY OF PRIMARY STATE HIGHWAY NUMBER 1. SURVEYORS NOTE: THE CENTERUNE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PlANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 0421049073.doc - 1 - E A ft T " ~ T E C H A fitcD'/NTfIlNAOCINIIL UD_ (OMMNY 10 SEC. 4, T. 21 N., R. 4 E., W.M. TAX LOT NUMBER 0421049072 PROPER TY LINE VARIES I 50' PROPOSED ROW , N. [5. I TAX LOT NUMBER 4J 0421049073 . ...--.." QJ Q) _'t- Q) 0 p c Q: 0 (f) :;>:: & '-....,... r EXlSDNG Q:: Vi Q ROW C/L >-= PROPOSED ROW TAKE 3':: AREA =' 3,119 S.F.r J:: 0 58.5' G:: <3 --C Q I EXlSnNG ROW 58.5' PROPERTY LINE TAX LOT NUMBER 0421049105 EXHIBIT MAP PARCEL 0421049073 ROW TAKE OCT. 2004- ACAD No. 0421049073 E A R T H @ T E C H 1 0800 HE 8th 5t- 720 5_ JD 5t_ Ste200 7th Floot" federal Way. WA 9BOOJ 8ellewe, WA 98004 25J' 838-6202 425 455~9494 10 EXHIBIT - PARCEL NO. 0421049073 PERMANENT UTILITIES EASEMENT THAT PORT/ON OF THE HEREINAFTER DESCRIBED PARCEL "AB, DESCRIBED AS FOLLOWS: BEGINNING A T A POINT ON THE NORTH LINE OF SAID PARCEL "A ~ SAID POINT BEING SOUTH 880 23' 4r EAST. 13.28 FEET FROM THE NORTHWEST CORNER OF SAID PARCEL RA "; THENCE SOUTH 88" 23' 4r EAST ALONG SAID NORTH LINE, 10.00 FEET; THENCE SOUTH 010 09' 44" WEST, 10.00 FEET; THENCE NORTH 88" 23' 4r WEST, 10.00 FEET; THENCE NORTH or 09' 44" EAST, 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 100 SQUARE FEET, MORE OR LESS. PARCEL "'A" THE NORTH 100 FEET OF THE SOUTH 200 FEET OF THAT PORT/ON OF THE EAST 202.42 FEET OF THE WEST 424.84 FEET OF GOVERNMENT LOT 4, SECT/ON 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM., IN KING COUNTY, WASHINGTON, LYING EASTERL Y OF PRIMARY STA TE HIGHWA Y NUMBER 1; AND THA T PORTION OF THE NORTH 200 FEET OF THE SOUTH 400 FEET OF THA T PORTION OF THE EAST 202.42 FEET OF THE WEST 424.84 FEET OF GOVERNMENT LOT 4; StCT/ON 4, TOWNSHIP 21 NORTH, RANGE 4 EAST. WM., IN KING COUNTY. WASHINGTON, LYING EASTERL Y OF PRIMARY STA TE HIGHWAY NUMBER 1. SURVEYORS NOTE: THE CENTERUNE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOVLANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL'WAYPUBLlC WORKS. 0421049073 pue esmt.doc - 1 - EAR T H ~ T E C H A tqcD INTfRNllTlONAl UD. <<JMPIWY --.-....- fO SEC. 4, T. 21 N_, R. 4 E., W.M. TAX LOT NUMBER 0421049072 10' 13.28' PROPER TY LINE VARIES - PERMANENT UnUnES EASEMENT::: 100 SI.:t I 50' T I N. T.5. I ~I - PROPOSED ROW 0 t<) 41 I , l<J Q) .......... 't- ~ Q) 0 - Q) p ).... 0 I TAX LOT NUMBER I- ~ 0 0421049073 ll:: ~ Il. '--' (fj r- EXtSnNG g: ROW C/L I >-= ~ J:: <..> 58.5' G::: (3 "'t EXlSnNG --l Q I ROW 58.5' PROPER TY LINE TAX LOT NUMBER 0421049105 EXHIBIT _ PARCEL 0421049073 PERMANENT UnUnES EASEMENT July 2B, 2005 ACAO No. 0421049073 pue esmt E A R T H @ T E C H 10600 NL 8th Sl 720 S_ 333 Sl Ste-200 7th floor Federol WG)'. WA 98003 BelleYue. WI\, 98004 253 ll38~6202 425 455--9494 II PARCEL NO. 0421049072 RIGHT OF WA Y THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL NA or LYING VVESTERL Y OF THE FOLLOWING DESCRIBED LINE: BEGINNING A T A POINT ON THE SOUTH LINE OF SAID PARCEL NA -: SAID PO/NT BEING SOUTH 88023' 47REAST, 13.28 FEET FROM THE SOUTHINESTCORNER OF SAID PARCEL -A;- THENCE NORTHOI009'44wEAST, 60.23 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL NA";. SA/DPOINTBEING NOR 711 730 13' 51 "EAST, 15. 12FEETFROMTHE NORTHWEST CORNER OF SAlDPARCEL NA - AND THE END OF THIS LINE DESCRIPTION. CONTAINING 801 SQUARE FEET, MORE OR LESS. PARCEL .... A"" THA T PORTION OF THE EAST 202.42 FEET OF THE WEST 424.84 FEET OF GOVERNMENT La T 4, SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EASTERL Y OF PRIMARY STATE HIGHWA Y NO.1; EXCEPT THE NORTH 480 FEET THEREOF; EXCEPT THE SOUTH 400 FEET THEREOF; AND EXCEPT THA T PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING A T THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PORTION OF SAID GOVERNMENT LOT 4; THENCE RUNNING SOUTH ALONG THE EAST MARGIN OF PACIFIC HIGHWA Y SOUTH -PRIMARY STATE HIGHWA Y NO. r, A DISTANCE OF 145 FEET; THENCE NORTHEASTERL Y 77.8 FEET TO A POINT ON A LINE PARALLEL TO PACIFIC HIGHWA Y SOUTH THA T IS 121 FEET FROM THE NORTH UNE OF THE ABOVE DESCRIBED PORTION; THENCE NORTH 121 FEET TO THE SAID NORTH LINE; THENCE WEST 74 FEET TO THE POINT OF BEGINNING. Sl!RVF.YORS NOTE: THE CENTERUNE OF PACIFIC HIGHWA Y SOUTH (SR99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 0421049072.doc - 1 - EAR T " ~ T E C H A tqca. /Nffl/t'IATfONIIL LTD. illMl'IWY l/ SEC. 4, T. 21 N., R. 4 E. w'M. VARIES TAX LOT NUMBER 0421049081 PROPERTY UNE I SO' I I EXJSnNG --J ROW I N.T-S. 41 g; I~ EXJSnNG --J ROW Cjt I TAX LOT NUMBER >- ~ 0421049242 ~ Q 0 0:: I Q I<J ..-..... . (J) Q) (J) -.... 0 I Q P a:::: 0 <n 0 a '--' a: ~I vi >-= $: :r <J TAX LO T NUMBER G: 0421049072 G <:( Q PROPOSED ROW TAKE I AREA = 801 S.F.x PROPERTY UNE VARIES TAX LOT NUMBER 0421049073 EXHIBIT MAP PARCEL 0421049072 ROW TAKE OCT. 2004 ACAD No. 0421049072 E A R T H @ T E C H 10800 N.E. 8th st. 720 $. JJ3 SL Ste:200 7th Floor Federol Way. WA 98003 8eiMwe, WA 98004 25.l 838-6202 425, 455-9494 --------------- 12. PARCEL NO, 0421049242 RIGHT OF WAY rnA T PORnON OF THE HEREINAFTER DESffilBED PARCH. "A" LYING WESTERL Y OF THE FOLLOWING DEsa?JBED UNE: BEGINNING A T A POINT ON THE SOUTH LINE OF SAID PARCEL R A -: SAID POINT BElNG NORTH 73- 13' 51R EAST, 15.12 FEETFROM THE SOUTHWEST CQRNEROF SAID PARCEL RA "'; THENCE NORTH 01" 09' 44R EAST, 140.27 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL "A ", SAID POINT BEING SOUTH 88- 40' 45" EAST, 17.30 FEET FROM THE NORTHWEST CORNER OF SAID PARCEL ~ A R AND THE END OF THIS LINE DESCRlPnON. CONTAINING 2,263 SQUARE FEET, MORE OR LESS. PARCEL "'A" THA T PORnON OF THE EAST 202.42 FEET OF THE WEST 424.84 FEET OF GOVERNMENT LOT 4; sa;nON 4, TOWNSHIP 21 NORTH, RANGE, 4 EAST, w.M., IN KING COUNTY, WASHINGTON, LYING EASTER/.. Y OF PRIMARY STA TE HIGHWA Y NO.1, AND LYING SOUTH OF THE NORTH 480 FEET OF SAID GOVERNMENT LOT 4, AND LYING NORTH OF THE SOUTH 400 FEET OF SAID GOVffiNMENT LOT 4, DESffilBED AS FOlLOWS: BEGINNING A T THE NORTHWEST CORNER OF THE ABOVE DESffilBED PORnON OF SAID GOVERNMENT LOT NO. 4; THENCE RUNNING SOUTH ALONG THE EAST MARGIN OF PACIFIC HIGHWA Y SOUTH "PRIMARY STA TE HIGHWAY NO. 1, R A DISTANCE OF 145 FEET; THENCE NORTHEASTERL Y 77.8 FEET TO A POINT ON A LINE PARALLEL TO PACIFIC HIGHWA Y SOUTH THA TIS 121 FEET FROM THE NORTH LINE OF THE ABOVE DESffilBED PORnON; THENCE NORTH 121 FEET TO SAID NORTH LINE; THENCE WEST 74 FEET TO THE; POINT OF BEGINNING. SURVEYORS NOTE: THE CENTERUNE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 0421049242.doc ~ 1 ~ EARTH@)T E C H A t:qcq'1Nr8lJVA11C:JNAI. Ull. (OMIloI,W ----------- ------------- 42- SEC. 4, T. 21 N., R. 4 E., W.M. VARIES TAX LOT NUMBER 0421049081 PROPER 1Y U/VE 50' PROPOSED ROW , ...--.... \ Q) Q) N.T.S. 0:: 41 TAX LOT NUMBER 2: I <n 0421049242 ::i "'--" )... t- v) ei Q )-2 0 0:: S: Q 41 :r PROPOSED ROW TAKE ~ IQ (J AREA = 2,263 S.F.x ~ c: 0 p <3 0 0 <:( ~I Q I TAX LOT NUMBER EXISTiNG 0421049072 ROW Cjt I EXISTING -1 ROW PROPERTY LINE VARIES TAX LOT NUMBER 0421049073 EXHIBIT MAP PARCEL 0421049242 ROW TAKE OCT. 2004_ ACAD No. 0421049242 E A R T H @ T E C H 10600 ttE. 8th Sf.. 720 S. 333 Sf.. 5te-200 7th Floor fedef-alWay. VIA 98003 _ 6etIevue, WA 98004 253 - 83lI~202 425 <455-9494 13 PARCEL NO, 0421049081 RIGHT OF WAY THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL -A - LYING VVES7ERL Y OF THE FOLLOWING DESCRIBED UNE: BEGINNING A T A POINT ON THE SOUTH LINE OF SAID PARCEL -A': SAID POINT BEING SOUTH 88040' 45R EAST, 17.30 FROM THE SOUTHWEST CORNER OF SAID PARCEL RA-; THENCE NORTH 01 009' 44<< EAST, 80.00 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL -A': SAID POINTBEING SOUTH 88040' 45<< EAST, 18.90 FEE T FROM THE NOR THlIlIEST CORNER OF SAID PARCEL "'A'" AND THE END OF THIS LINE DESCRIPTION. CONTAINING 1,448 SQUARE FEET, MJRE OR LESS. PARCEL ...A.... THE SOUTH 80 FEET OF THE NORTH 480 FEET OF THA T PORTION OF THE WEST 424.84 FEET OF GOVERNMENT LOT 4, SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM., IN KING COUNTY, WASHINGTON, LYING EASTERL Y OF PRIMARY STATE HIGHWA Y NO.1. SlIRVFYORS NOTF' THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 0421049081,doc - 1 - EARTH@T'E C H A 'tt(Co 1t>ITfJINA1/OMdl Lm_ COMMNY -----.--- 12> SEC. 4, T. 21 N., R. 4 E., W.M. 50' I TAX LOT NUMBER I 0421049263 VARIES T 1,8.90, PROPERTY LINE ..-.... N.T.S. 0) 0) I Bj PROPOSED '--' ROW. vi TAX LOT NUMBER >-= 0421049081 41 ~ S: G:l :r:: .... S5 <J PROPOSED ROW TAKE 0 G::: AREA = 1,448 S.F.:t 0 ~I <3 <:( Q PROPERTY LINE EXlSnNG l ROW EXlSnNG ROW c;t I I TAX LOT NUMBER TAX LOT NUMBER 0421049242 0421049072 VARIES I EXHIBIT MAP PARCEL 0421049081 ROW TAKE OCT. 2004 ACAD No. 0421049081 E A R T H @ T E C H 10800 NE 8th Sf.. 120 S. J33 St. ste.200 7th floor fedet-aI Way. WA 98003 Bellevue.. WA 98004 253 838-6202 425 455-9494 t3 EXHIBIT PARCEL NO, 0421049081 PERMANENT UTILITIES EASEMENT THA T PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A ~ DESCRIBED AS FOLLOW.S: BEGINNING A T A POINT ON THE SOUTHUNE OF SAID PARCEL "A': SAID POINT BEING SOUTH 88- 40' 45R EAST, 17.30 FROM THE SOUTHWEST CORNER OF SAID PARCEL RAw; THENCE NORTH 01- 09' 44R EAST, 10.00 FEET; THENCE SOUTH B8- 40' 45" EAST, 12.00 FEET; 7HENCE SOUTH 01- 09' 44R WEST, 10.00 FEET TO THE SOUTH LINE OF SAID PARCEL "AR; THENCE NORTH BB- 40' 45" WEST ALONG SAID SOUTH LINE, 12.00 FEET TO THE POINT OF BEGINNING. CONTAINING 120 SQUARE FEET, MORE OR LESS. PARCEL "'A" THE SOUTH 80 FEET OF THE NORTH 480 FEET OF THA T PORTION OF THE WEST 424.84 FEET OF GOVERNMENT LOT 4, SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W:M.,IN KING COUNTY. WASHINGTON, LYING EASTERL Y OF PRIMARY STA TE HIGHWA Y NO.1. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBUC WORKS. 04210490Bl pue esmt.doc - 1 - EAR T H ~ T E 'C H A tqc:o tMffWATIONAL (11). COIWI'ANY t ::, SEC. 4, f. 21 N., R. ,4 E., W.M. 50' I TAX LOT NUMBER J 0421049263 VARIES T /'8.90' PROPERTY LINE I N.f.S. .-.... Ol I Ol ~ PROPOSED I ROW G:: <n '-' <ri TAX LOT NUMBER I 0421'049081 41 >-= ~ $: 4X) :r: ~ PERMANENT UnLlnES EASEMENT 0 U I AREA = 120 S.F.::t P 0 G:: 0 i3 <=1 <:( Q PROPERTY LINE EXlSnNG l ROW EXISnNG ROW C/L I I TAX LOT NUMBER TAX LOT NUMBER 0421049242 0421049072 VARIES I EXHIBI T - PARCEL 0421049081 PERMANENT UTILITIES EASEMENT July 28, 2005 ACAD No. 0421049081 pue esmt E A R T H ~ T E C H 10600 .U:. 8th St_ 720 $_ 333 $1- $te.200 7th Floor Federal Way. WA 98003 llellev..... WA 98004 253 838-6202 425 455-9494 1'1 PARCEL NO. 0421049263 RIGHT OF WA Y THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "'A'" LYING WES7ERL Y OF THE FOLLOWING DESCRIBED LINE: BEGINNING A T A POINT ON THE SOUTH LINE OF SAID PARCEL "'A -: SAID POINT BEING SOUTH 88040' 45R EAST, 18.90 FROM THE SOUTHWEST CORNER OF SAID PARCEL "'A:- THENCE NORTH 01 0 09' 44R EAST, 80.00 FEET TO THE INTERSECTION OF THE NORTH LINE OF SAID PARCEL "'A" WITH A LINE THA T IS 20.50 FEET EAST OF AND PARALLEL WITH THE EAST MARGIN OF PACIFIC HIGHWA Y SOUTH (SR 99) AND THE END OF THIS LINE DESCRlPnON. CONTAINING 1,576 SQUARE FEET, MORE OR LESS. PARCEL -A- THE SOUTH 80 FEET OF THE NORTH 400 FEET OF THE EAST 202.42 FEET OF THE WEST 424.84 FEET OF GOVERNMENT LOT 4, SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W:M., IN KING COUNTY, WASHINGTON, LYING EASTERL Y OF P.S.H. NO.1, PER KING COUNTY SUBDIVISION 6940 UNRECORDED. SURVEYORS NOTE' THE CENTERUNE OF PACIFIC HIGHWAY SOUTH (SH 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HO V LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBUC WORKS. 0421049263.doc - 1 - EAR T " ~ T E C H A tqco IN1fR:l!AAOW>.t UD. 0JMIl0WY It-f SEe 4, 1: 21 N., R. 4 E., W.M. 50' TAX LOT NUMBER 41 0421049088 ~ :::J 66.5' (: ~ Q 0 PROPERTY UNE Q g:: -. I 70.5' I N.1:S. I I TAX LOT NUMBER 0421049026 ...--.... 41 EXlSnNG~ ()) ~ ROW ()) 0;) :t- O::: 0 p CJ1 0 PROPERTY UNE '--' 0 oj ~I PROPOSED >-= ROW $ :t: CJ TAX LOT NUMBER G: EXISTING (] ROW cjt 0421049263 <( Q I PROPOSED ROW TAKE AREA = 1,576 S.F.:f:. PROPERTY UNE VARIES TAX LOT NUMBER 0421049081 EXHIBIT MAP PARCEL 0421049263 ROW TAKE OCT. 2004 ACAD No. 04-2104926 ~ - "'..... E A R T H @ T E C H ..~ ...- t 0800 HE 8th st. 720S_333 st. Ste.200 7th floo..- Federal WG)'. WA 98003 Bel""""', WA 980CH 253 838-6202 425 455-9494 .w',., ,. . . ..~ IS EXHIBIT - PARCEL NO, 0421049026 RIGHT OF WAY THE WEST 20.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL MA-: CONTAINING I,B45 SQUARE FEET. MORE OR LESS_ PARCEL "'A" tHAT PORT/ON OF THE NORTH 400 FEET OF THE EAST 202.42 FEET OF THE WEST 424.84 FEET OF GOVERNMENT LOT 4 OF SECT/ON 4, TOWNSHIP 21 NORTH, RANGE 4 EAST. WM.. IN KING COUNTY, WASHINGTON LYING EASTERLY OF PRIMARY STATE HIGHWA Y NUMBER 1; EXCEPT, THA T PORT/aNd THE NORTH 230 FEET LYING WEST OF A UNE 9.4 FEET WEST OF THE EAST UNE OF SAID WEST 424.84 FEET OF SAID GOVERNMENT LOT 4; AND EXCEPT SOUTH 288TH STREET; AND EXCEPT THE SOUTH 80 FEET THEREOF; AND ALSO EXCEPT THAT PORT/ON CONVEYED TO THE CITY OF FEDERAL WAY BY DEED RECORDED UNDER RECORDING NUMBER 20020814000584. SURVEYORS NOTE: THE CENTERUNE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WAY PUBUC WORKS. 0421049026 rev. doc - 1 - EARTU€)T E C H A tqco /NTf1INAJ/ONAL LID. COMfANY f So SEC. 4, t 21 N., R. 4 E., w.u. 50' TAX LOT NUMBER 0421049088 66.5' PROPERTY UNE 70.5' H.tS. PROPOSED ROW I TAX LOT NUMBER 0421049026 ...-.... 41 PROPOSED ROW TAKE 0) . AREA = 1,845 5.F-x 0) (Q .,. ct:: (;, p <t) 0 PROPERTY UNE "'---"" 0 (fj ~I >-= f ~ :c (J EXlSnNG , TAX LOT NUMBER G::: ROW c;t . 0421049263 0 -<( Q EXISnNG ~ I ROW PROPERTY UHf: VARIES TAX LOT NUMBER 0421049081 EXHIBI T - PARCEL 0421049026 ROW TAKE Rev. Aug. 15, 2005 ACAD No. 0421049026 rev.. E A R T H ~ T E C H 10800 HE 8th Sf. 720 s.. 333 Sf. St...2oo 7th floor Federal Waf, WA 98003 8eJ\evue, WA 98004 25J 8J8-6202 425 455~9494 15 EXHIBIT PARCEL NO. 0421049026 PERMANENT UTILITIES EASEMENT THE NORTH 10 FEET OF THE soum 45 FEET OF THE WEST 10 FEET OF THE EAST 30.5 FEET OF THE HEREINAFTER DESCRIBED PARCEL RA-. CONTAINING 100 SQUARE FEET, MORE OR LESS. PARCEL "'}\" THA T PORTION OF THE NORTH 400 FEET OF THE EAST 202.42 FEET OF THE WEST 424.84 FEET OF GOVERNMENT LOT 4 OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY. WASHINGTON LYING EASTERL YOF PRIMARY STA TE HIGHWA Y NUMBER 1; EXCEPT THA T PORTION OF THE NORTH 230 FEET LYING WEST OF A UNE 9.4 FEET WEST OF THE EAST UNE OF SAID WEST 424.84 FEET OF SAID GOVERNMENT LOT 4; AND EXCEPT SOUTH 288TH STREET; AND EXCEPT THE SOUTH BO FEET THEREOF; AND ALSO EXCEPT THA T PORTiON CONVEYED TO THE CITY OF FEDERAL WA Y BY DEED RECORDED UNDER RECORDING NUMBER 20020814000584. SURVEYORS NOTE: THE CENTERUNE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBUC WORKS. 0421049026 pue esmt.doc ~ 1 - EAR T H ~ T E C H A tqco 1NmWA00NAL UD_ illMMNY 1':>- SEC. 4, T. 21 N., R. 4 E., W.M. 50' TAX LO T NUMBER ~ 0421049088 ~ PROPOSED --.l --.l 66.5' ROW )... ~ f- l5 15 l1.. l1.. 0 0 PROPERTY UNE a: 8: , 70.5' I H.T-S. PERMANENT UnUTlES EASEMENT AREA = 100 S.F.x I I TAX LOT NUMBER 0421049026 ---,.. 41 I ()) . ()) ~ ;. <:, 0:: P (I) 0 PROPERTY LINE ............. 0 (fj ~I >-= I $: PROPOSED :r ROW <...> EXISTING I TAX LOT NUMBER G.:: <3 ROW c;t 0421049263 "<{ Q I EXISTING -l ROW PROPERTY LINE VARIES TAX LOT NUMBER 0421049081 EXHIBIT - PARCEL 0421049026 PERMANENT UTlUnES EASEMENT July 28, 2005 ACAD No. 0421049026 pue esmt E A R T H @ T E C H 10800 N.E. 8th st. 720 S. 333 st. St".200 7th floor Federal Way, WI.. 98003 Bellevue. WA 98004 25.'1 8.'18-6202 425 455-9494 1(., EXHIBIT - PARCEL NO. 0421049088 RIGHT OF WA Y AND UTILITIES EASEMENT THA T PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A"; LYING WESTERLY OF A LINE THA T IS 66.50 FEET EASTERL Y OF AND PARALLEL WITH THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99). CONTAINING 2,592 SQUARE FEET. MORE OR LESS. PARCEL .~" THA T PORTION OF THE NORTH 230 FEET OF THE EAST 202.42 FEETOF THE WEST 424.84 FEET OF GOVERNMENT LOT 4, SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST. WM., LYING EASTERL Y OF PRIMARYSTATEHIGHWAYNO.l; EXCEPT THE NORTH 30 FEET; AND EXCEPT THE EAST 9.4 FEET; AND EXCEPT THA T PORTION THEREOF CONVEYED TO THE STA TE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 8707220291; AND EXCEPT THA T PORTION THEREOF DEEDED TO THE CITY OF FEDERAL WA Y UNDER RECORDING NUMBER 20020926002284. SURVEYORS NOTE: mE CENTERUNE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 0421049088 rowesmt.doc -1 - EARTH@T E C H A tyco INffRNATIONAl Llll COMWWY -------.-.-.- t(p ~ ~ SEC. 33, T. 22 N., R. 4 E., W.M. SEC. 4, T. 21 N., R. 4 E., w..M. I <0 .... S. 288TH Sf. ~ --- -~ , I N.T.S. 50' I ........... TAX LOT NUMBER Q) 41 ~ 0421049088 Q) a '-'i ~ lri Q:: ~.... I(} (f) 0 "'---' gl 0 vi =<= >-= 16.5' ROW AND UnUnES ~ :r: EASEMENT = 2,592 5.F..f: 0 G: I (3 66.5' '<( Q PROPERTY UNE EX/SllNG I ROwejL PROPOSED EX/snNG ~ ROW I TAX LOT NUMBER ROW 0421049026 EXHIBIT - PARCEL 0421049088 ROW AND UTILITIES EASEMENT Rev. Aug. 16, 2005 ACAD No. 0421049088 row esmt E A R T H @ T E C H 10800 N.E. 8th st. 720 s. 333 Sl Ste.200 7th /'loQr federal Way, VIA 98003 &ltovue. WA 98()(}4 253 838.-6202 425 455-9494 I 7 PARCEL NO, 3322049119 RIGHT OF WAY THA T PORflON OF THE HEREINAFTER DESCRIBED PARCEL . A w, LYING WES7ERL Y OF A UNE THA TIS 70.50 FEET EASTERL Y OF AND PARAUH WITH THE CENTERiJNE OF PACIFIC HIGHWA Y SOUTH (SR 99). CONTAINING 3,550 SQUARE FEET. MORE OR LESS. PARCEL ,"A" THE WEST 100 FEET OF THA T PORflON OF THE WEST HALF OF THE souTHWEsrQuARTER OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST W. M., IN KJNG COUNTY, WASHINGTON; LYING EAST OF PRIMARY STA TE HIGHWA Y NO.1; EXCEPT THE NORTH 1084.76 FEET THEfEOF; AND EXCEPT THE SOUTH 20 FEET THEH3JF; AND EXCEPT THA T PORTION CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 6641477; AND EXCEPT THA T PORTION CONVEYED TO THE STA TE OF WASHINGTON BY DEHJ RECORDED UNDER RECORDING NUMBER B704150548. AND EXCEPT THA T PORTION CONVEYED TO THE CITY OF FEDERAL WA Y BY KING COUNTY CAUSE NUMBER 02-2-31009-5, RECORDED UNDER RECORDING NUMBER 20030801000670. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RlGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBUC WORKS. 3322049119.doc - 1 - EAR T H ~ T E C H A tqcu /NTfJII>/AlIONALHV. COMPANY /7 SEC. 33. T. 22 N., 'R. 4 E.. W.M- 70.5" I TAX LOT NUI/BER TAX LOT NUMBER 332204921.3 3322049042 50' PROPERTY LINE T PROPOSED ..-..... ROW N.TS 0) 0) I Q:: <n '--' vj TAX LOT NUMBER 41 3322049119 . >-2 41 OJ ~ 't- $: :::; <:. :r ~ p TAX LOT NUMBER 0 15 0 () 3322049109 ~ G.:: ~ I <3 Q:: Q "'C PROPOSED ROW TAKE Q AREA = 3,550 S.F.:f: EXIS11NG ROW R=40.00' - L=6.95' 19.90' I "'-- - - - - - EXISTING S. 288TH ST. ROW c;t EXHIBIT MAP PARCEL 3322049119 ROW TAKE OCT. 2004 ACAD No. 3322049119 E A R T H @ T E C H 10800 ftE. 8th St. 7W S_ 333 St. ste.200 7th Ao<>( fedefGI Wqy. WA 98003 Bellevue.. WA 98004 253 8.J6-6202 425 455-9494 ,g PARCEL NO. 3322049213 RIGHT OF WA Y THAT PORnON OF THE HEREINAFTER DESCRIBED PARCEL "A" LYING WESTERL Y OF THE FOLLOWING DESCRIBED UNE: BEGINNING A T THE INTERSECTION OF THE SOUTH LINE OF SAID PARCEL RA" WITH A LINE THA T IS 20.50 FEET EAST OF AND PARALLEL WITH THE EAST MARGIN OF PACIFIC HIGHWA Y SOUTH (SR 99J: THENCE NORTH 000 00' 48W EAST ALONG SAID PARALLEL LINE. 171.46 FEET: THENCE NORTH 01007' 57" WEST, 252.23 FEET TO A POINTON THE NORTH LINE OF SAID PARCEL ....A':. SA/DPOINTBEING SOUTH 880 34' 58wEAST, 15A6FEETFROMTHE NORTHWEST CORNER OF SAID PARCEL RA" AND THE END OF THIS LINE DESCRIPTION. CONTAINING 8,046 SQUARE FEET, MORE OR LESS. PARCEL ....A... LOTt.. KING COUNTY SHORT PLAT NUMBER 1084085, RECORDED UNDER KING COUNTY RECORDING NUWER 8506110491, SAID SHORT PLA T BEING A SUBDIVISION OF THE FOLLOWING: THAT PORTION OF THE SOUTH 649.38 FEET OF THE NORTH 1084. 76FEET OF THE ~ST HALF OF THE SOUTHWEST QUARTER OF THE SOUTH~ST QUARTER OF SECT/ON 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, WM., IN KING COUNTY. WASHINGTON. LYING EAST OF PRIMARY STATE HIGHWA Y NUMBER 1 (ALSO KNOWN AS NATIONAL PARK HIGHWAYJ: EXCEPT THE NORTH 226 FEET: AND EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSESBY DEED RECORDED UNDER RECORDING NUMBER 4276859. SlJRVFYORS NOTE' THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99J IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 3322049213.doc - 1 - EARTH@T E C H A tqcu INTl!i1NATIONAL LTD. COMII4t<< 1'6 SEC. 33, T. 22 N., R. 4 E., W.M. TAX LOT NUMBER I 3322049157 PROPERTY UNE I - PROPOSm I I SO' ROW T I 41 :<: I I ..--.. ::; N. r.5. Q) ~ (J) I- ~ I 0::: Q IVi <t) 0 '--' a: LOT 1 41 Vi K.Cs.P. 1084085 . REC. NO. 8506110491 I~ :!II )...2 TAX LOT NUMBER <;> ~ 3322049213 p 0 :r ~ 0 ~ (J I ~ I G: G '<;( TAX LOT NUMBER Q 3322049042 30' I PROPOSfIJ ROW TAKE EXlSnNG AREA ~ 8,046 S.F.:t ROW e,A.. I EX/snN(; I I ROW PROPERTY UNE 20.51' TAX LOT NUMBER 70.5' 3322049119 EXHIBIT MAP PARCEL 3322049213 ROW TAKE ocr. 2004 ACAD No. 3322049213 E A R T H @ T E C H 10800 H.E. 6th st. 720 s_ 33.'S St_ Sk200 7th flOor- federol Way. WA 98003 Bellevue. WA 98004 253 836-6.202 425 455-9494 It PARCEL NO. 3322049157 RIGHT OF WA Y THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "'A'" LYING WESTERL Y OF THE FOLLOWING DESCRIBED LINE: BEGINNING A T A POINT ON THE SOUTH LINE OF SAID PARCEL "'A': SAID POINT BEING SOUTH 88034' 50" EAST.. 15.46 FEETFROM THE SOUTHWEST CORNER OF SAID PARCEL "'A "'; THENCE NORTH 01 0 07' 5r WEST.. 226.22 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL "'A.... SAID POINT BEING SOUTH 880 34' 58W EAST.. 10.94 FEET FROM THE NORTHl.M::ST CORNER OF SAID PARCEL ""A'" AND THE END OF THIS LINE DESCRIPTION. CONTAINING 2,983 SQUARE FEET, MORE OR lESS. PARCEL ....A- THE NORTH 226 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THA T PORTION OF THE SOUTH 649.38 FEET OF THE NORTH 1,084. 76 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECT/ON 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, W,M., IN KING COUNTY, WASHINGTON, LYING EAST OF PRIMAR Y STATE NO.1, (ALSO KNOWN AS NATIONAL PARK HIGHWAY); EXCEPT THE EAST 30 FEET CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 4276859. SUR\!FYORS NOTE- THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HO V LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 3322049157.doc - 1 - EAR T H ~ T E C H A tqca INfflWAfIONAL lID_ mMPIWY (C) SEC. 33, T. 22 N., R. 4 E.. W.M. 60.5' TAX LOT NUMBER 3322049048 PROPERTY UNE I 50' I .-.." N.T.S. O"l O"l I ~ PROPOSED ROW '--' 41 uj .. ~ TAX LOT NUMBER OJ _'t- S:: 3322049157 <:) p :c <:) 0 CJ ~ G:: I <3 "'C Q EXISRNG PROPOSED ROW TAKE ROW C/L AREA = 2,983 S.F.I I ExtSRNG ROW PROPERTY UNE 15.46' TAX LOT NUMBER VARIES 3322049213 EXHIBIT MAP PARCEL 3322049157 ROW TAKE NOV. 2004 ACAD No. 3322049157 E A R T H @ T E C H 10800 N.t. 8th St. no S. 333 St. ste.200 7th Floor Fcdcml Way, WA 98003 8ellevuc. Y/A 98004 2SJ 838-6202 425 455-'9494 r'1 EXHIBIT - PARCEL NO. 3322049157 SUBTERRANEAN WALL ANCHOR EASEMENT THA T PORTION OF THE HEREINAFTER DESCRIBED PARCEL ~A "; DESCRIBED AS FOLLOWS' BEGINNING A T A POINT ON THE SOUTH LINE OF SAID PARCH RA'; SAID POINT BEING SOUTH 88- 34' 58- EAST, 15A6 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL ~A w; THENCE NORTH 01- 07' 5r WEST, 226.22 FEET TO A POINT ON THE NORTH UNEOF SAID PARCEL "A'; SAID POINT BEING SOUTH 8B- 34' 58R EAST, 10.94 FEET FROM THE NORTHWEST CORNER OF SAID PARCEL '"A w; THENCE SOUTH 8B- 34' 5BR EAST ALONG SAID NORTH LINE, 10.01 FEET; THENCE SOUTH 01. 07'sr EAST, 226.22 FEET TO THE SOUTH LINE OF PARCEL "Aw; THENCE NORTH 88- 34' 58w WEST ALONG SAID SOUTH LINE, 10.01 FEET TO THE POINT OF BEGINNING. CONTAINING 2,262 SQUARE FEET, MORE OR LESS. PARCEL "A" THE NORTH 226 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THA T PORTION OF THE SOUTH 649.38 FEET OF THE NORTH 1,084,76 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33. TOWNSHIP 22 NORTH, RANGE 4 EAST, w.M., IN KING COUNTY, WASHINGTON, LYING EAST OF PRIMARY STA TE NO.1, (ALSO KNOWN AS NA T/ONAL PARK HIGHWA Y); . EXCEPT THE EAST 30 FEET CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 4276859. SURVEYORS NOTE: THE CENTERUNE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WAY PUBUC WORKS. 3322049157esmtdoe - 1 - EAR T H ~ T E C H A tqco IIUfflNA.T1OWl1.. LID. COMPANY II SEC. JJ, T. 22 N., R. 4 Eo, W.M. 58.5' PROPOSED ROW TAX LOT NUMBER 3322049048 lOeOI' PROPERTY UNE I T I I N.T.S. !-- EXISTING I ROW ejt Q;' 41 0) . I TAX LOT NUMBER co ~ ... 3322049157 b P '--' 0 <::) I <ti ~ )..: I :s: :r EXISTING -l () ROW G:: SUBTERRANEAN WALL ANa-IOR <3 I EA~DlT AREA = 2,262 S.F.:r <:( Q , 15.46' PROPERTY UNE TAX LOT NUMBER VARIES 3322049213 EXHIBI T ~ PARCEL 3322049157 SUBTERRANEAN WALL ANCHOR EASEMENT Rev. Aug. 16, 2005 ACAD No. 3322049157 esmt E A R T H ~ T E C H 10800 N.E. 8th st. 720 s. J3.l St. ste.200 7th Floor Federol Way. VIA. 98003 BefIeyu", WA 9800" 253 8.J6-6202 425 455-9"9. EKHIBIT I?ARr;EL~1f(jt .3322lJif,F!Jti18 RIGHT OF WA'Y --... cV - .J3; T_22 H.. R_ 4 E-. WcM, 1 I ~,'~,',>',",! TAX".,.,.,L, Q"I",.,$J,'f-{~ER I '.0)' · 3322049:092 I ~ 1 .' I ....... I ro I . . , , .)4 I .:~.' PROPEf{TYUNE I I: .. . . as,' .,~..'. '...~ l<ir~~~~~ Ix) II '!l~~19f'+ . :t . .. . .. n. :~;i}'::'i~,:::.j,~}.:.,. ,:~,~.~!>:;,ji;(:;~:,' -:,,<:~.:.": " ,/il1/IiIE. EXlSnNG RQWC;(t ., . ,...,. i I . """'., I , . TAX Lof'NUMBER. '{ga~~~l~7'( ,. . ,. , . , , , , ,. " ., '" . '".,""". .,', ,',..,.,.,', ,,' " "" . " ".". , ... . . , " , ,. . . ',' ,,:'. , , ' , ,","'.':'" .:-: , , . , " .',':-: :, :.,,' .'.>'",':"": ",:: ' , :{ ',' , ,"; ":' '::::<,.;,.,>:: ::",'>' ::>:: ., :- " .,' .' "., ~ .', " , . '''. ' , , . , "" "... ' ."" . .,".""....,.,..., "E~H", .,I.arT" ,,' ,. ,. ,,' '.',',,', "...".' .....,.."...,.,.,',.."',.. ",...,.. e,i\1b:~IZ:I.;.,.,:-.;~;~;.:{di:1;A{Gjj;\iA,:O...l"7j~.t:iJ .;~;i1itiJ!~ '.' ,...,. ,;:-' ,~a:~e;_t:;;,>':!~,~,ClZ;,~,:.u)~a,:ll:~~::::...:'.,g~~.r;r ,/,_n~l.:ih;". ..."",'.....". ,.',<..,' '/?T:\.I.;::,i;i.-ft!,t~{,;.:-.;LL;.,i.:;8:._}:;,;.;.... .,.:..:..:..;"":;.".'.in.;'.', ..-~~.[0... ...i,1. . . .'. ^ti~:;~,:,).-m.;:,.";~m .. :::t:.:.,::~~,i:..'-;f~I:'::\\!"""[H:::'. __, il2flOO,*,[;:.j}th:st<O; ..., .;:>;~?'?Ri;:;~~:';.$t:;l~oO 7,,, n'Nt. . .', ,,/ ,.f".MtW.,.~~WA See03 .~~t~rz5~~~4$t(JtM/ ";\5"~~~:rn' ,', '. 20 EXHIBIT - PARCEL NO. 3322049048 RIGHT OF WA Y AND UTILITIES EASEMENT THE EAST 3 FEET OF THE WEST 11.5 FEET OF THE HEREINAFTER DESCRIBED PARCEL RA "- CONTAINING 15B SQUARE FEET, MORE OR LESS_ PARCEL "'A" mE SOUTH 52.69 FEET OF THE NORTH 435.38 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, w.M., IN KlNG COUNTY, WASHINGTON, LYING EAST OF STA TE ROAD NUMBER I; EXCEPT THE EAST 30 FEET CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UN/.H:J. RECORDING NUMBER 4276859; ALSO EXCEPT THA T PORT/ON THEREOF, IF ANY, LYING WITHIN THE NORTH 382.69 FEET OF SAID SUBDIVISION. SURVEYORS NOTE: mE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 3322049048 rowesmt.doc - 1 - EAR T H ~ T E C H A tqco INffRWillONAL rrD. COMPANY cD SEC. 33, T. 22 N., R. 4 E., W.M. 50' ~ TAX LOT NUMBER 1 58.5' 3.322049092 I PROPOSED , ROW N. T.5. PROPERTY UNE 1 ~,-". I ........... ~I TAX LOT NUMBER 0') ~ 3322049048 , 0') i t..J 5B.5' I Il:: . co (f) 'It- .......... b 21 .3' ROW AND UnUnES ! ui EASEMENT = 158 5.F.x j >-= 2: I :s , PROPERTY UNE I :r: ----- 0 EXISnNG I CL: ROW Cjl G : -<;( Q 1 EXISnNG -I TAX LOT NUMBER ROW 3322049157 I I !. VARIES ~",. EXHIBI T - PARCEL 3322049048 ROW AND UTILITIES EASEMENT j Aug. 16, 2005 ACAD No. 3322049048 row esm I ., E A H T H @ T E C H 10800 N.E. 8th Sl 720 S. J3J Sl ste.200 7th f100r ' federal Wuy. WA 9llOO3 8ell<wuo. WA 98004 2S3 838-6202 425 -455-949<4- ..~.'. ~t EXfllBff PARCELIflfj}~.3322tl49.1.92 . , ",.' ,,', " " ,.','.., " ". ,. ~ .,. RIGHTO!=t4(AY' ". THE WEST ll5fJFGETOFTHEHERf:INAFTER DESCRlBEDP;48CSt...A.... CONTAiNiNG 1,403 SQUARE FEET. MORE OALE!S'$; ;OABCEL, ~A '" THE ${)UTfI,lQ5FEET:OP.TJ;!E~QflTH 38:1.69 FEET'GF11fE\WE$fHALF OF rHE:.}O(jTffw.esr (jUABTEROF TfiESCJllTHWiSTQlJARTER. aF~ECTJ(J1V 33;~Wi!$HIP 22 NOff7fJ~:iiAfliiE:-4~.o.ST~ w.M~, fN,K1NGCf>l,IN'ftl.WA:sHINGTON,'L yjN$EASfr:()FrgT~fij:fiJAiJ NUMBEfIl,". ,,4,; ". - - "' . ',.' " " ',.' ,.. E,X, CEPT THSEASt :)OFEETCONVEYED 'TO KINGCOUNTYFfJR'RQAlJ BY DEED REOORDEDUNIJER 1JlEe()lltJINC;WUMBEf:l4276859. " SlJiNEYPflS,NOTE: ,."", ,', ,"" ," ,,',',' " ,.""".." " ", ," <<" ',"" "",,, ,,: ',' , " ' ."".,".. TH~qEftltERL1NE Of PAClF1CJjIGHWAY~Ol.JTH'(Sf!.9,91!$/~~l!pON"THERIGHT'r!!g;WItY-~N.S N)!c SR!i9 HOWLANES pHASE-a.. ONFILEWJTf/ TRECITY OFFEtJEfJi4L WA Y PUBUCW'(jliKS~ - " ..~""'..'" E.I IF ,.,,1K.;',' ",;};...T,', :--.., . ."':'~., . ,- : k~"~~+1Zl'~ cl , stEc. .J.;J, To 22 N., R. 4 E., w,lit. .-, f I TAX LOT.NtJA$ER 5BJ5' J322CU9085 I . ~~ ...'"'.,,,.--.. "..,. .... .ffi.~rrU,.l~ ...m.... ...,..,_..1 . .~','~ I SO' i ; . j; PROPOSa1 I ! ,...."" ROW i ''it r.S OJ I 0) I ~ ! V) \ '- 0 1 r~:t,qr ffl!l!eER I 332204-9092 i 'to ~ en :t 0 gl 0 :z I _.~.,-,-..-"fli~JJNg . ___'0"",.."". ; , rA~'fJj~ ..", ,.,'., '",.",."". ".'",,1tXHIBI:r ~ ..P~Rt()E;C,.3.32.2D49,fJ~-2, ROW. TAKE . '.:. ::.'-:',,: "-: .:i '::' " ' '._ ;:, " ' ~'::' : '.".' ',: '",' :.';., ',,:: ".~:, :: .~., ,." .,' , . . ,~~~ ~ ~.._"""", _._,~,-" 21 EXHIBIT - PARCEL NO, 3322049092 RIGHT OF WA Y AND UTILITIES EASEMENT THE EAST 3 FEET OF THE WEST 11.5 FEET OF THE HEREINAFTER DESCRIBED PARCEL ~ "- CONTAINING 495 SQUARE FEET. MORE OR LESS. PARCEL "A" THE SOUTH 165 FEET OF THE NORTH 3B2.69 FEET OF THE WEST HALF OF mE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH. RANGE 4 EAST, WM., IN KING COUNTY, WASHINGTON, L YINGEAST OF STA TE RO-1D NUMBER 1: EXCEPT THE EAST 30 FEET CONVEYED TO KING COUNTYFOR ROAD BY DEED RECORDED UNDER RECORDING NUMBER 4276859. SURVEYORS NOTE: THE CENTERUNE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 3322049092 row esmtdoc - 1 - EAR T H ~ T E C H A bp:o INTff1NATIONAI. LID. COAlPAll('{ c::..1 SEC. JJ. T. 22 N., R. 4 L WM 58.5' TAX LOT NUMBER ~~- PROPOSED 3322049085 ROW 50' I PROPER TY LINE " j I I , ~ I 0) 0) I e:5 I i ........... N_ T.S. v) i I ,1 >-= I 3:: j :c 1 ~' 0 TAX LOT NUMBER G:: 3322049092 41 G . -<:( : Q) Q I ,"<l- I 0 81 z EXlSnNG --f J" ROW AND ununES 1 ROW EASEMEN T = 495 S.F. r \ EXISnNG I ROW C/L j PROPERTY LINE ~ I , 58.5' Y , TAX LOT NUMBER 3322049048 I ..-.',..... EXHIBI T - PARCEL .3.322049092 ROW AND U TILl TIES EASEMEN T Aug. 16, 2005 ACAD No. 3322049092 row eSflh, _'H. . E A R T H €) T E C H ",'-. 10800 N.L 8th Sf. no S. 333 St. Ste.200 7th Aoo~ FederQl W<l)'. WA 98003 Bellev'ue. WA 98004 253 838-6202 425 455-9494 ......- EX.HIBIT PAfJ"C~l...1t(j., ~~22049q81$ i1ilifir(jFwAY THFtJV1!Sr8..$OFEET OF THEHEfU!/NIAM'Eltl!/58J7S18fQ P14RCljL -A'". CONTA/Nl/llG J>(J2()$aU:AitEftfT"M(;iRE;()il:~s. PARCEl. ~II"" THATPCJRWNOf THqSOl/TH 12QPEa OftTflENQRTH2t 7.69 Fl;ffJJPfHEWESTHALfOFTHE SdUT1iwE$T"Qf1AATfiR'qFiilE$Q,t)rHW~Sl:,ijjAliJER. OF SECTIQIV33.TOWNSHIP22,NO/tTH" MNJiE:4liASn' WJM...IN:'K!NGeQUi'lcl-y,.. vm$j.jjN47-ClN. L YJNGEASTQFSr./J/i;Eilf(J/it};itIt)~8ER ,1,: . ' ., . ,', . E,~~tf'i1EJMST3(JFEET CONVEYED TO KING COUNTYFOR ROAD8'(8~Efj:flIiCdf:ltjIif) UNDER BElJfi:f1f)ItV.f?'fJCJMBER 4276859. . .. . .. .,. . StJ<<VEYQflSft/PTE; "" ',' ',', ',' " "",; ",:, , ,'" ,'" , ,.", . THE.~III!li/(!JF PA@lfflC.HIpf!W.ityscidtil;(SR99)IS BASED QH7l1E:.JJ11JI:!JQf'YJfAY PlANS FOli $fl;$i!'J:(fjJV.l:IlNES PHA$E3, Oll/FJl.:E,'W1T1!'JfiF'CfTYOF FEDERAl. WAr PJ;!i!ificw6JJ/5$f . ~~SiiiJlir~,doc - 1 - .'.::.'~":'~' .'/,;,':=- '::..,' .:,.';..f~',:; ::" '~'",., .',.:':,;;.'::":">',":..'..;-,.,,::.,.. . E ..~ ~~W;~ C H .,'." . . ,..., '..".:.'.' .... . . .. '~'.. . '. .. . . c:-c.. SEC. JJ, T. 22R.~.1f:., w.t.C 58.5' TAX LOT NUMBeR 332204904; 50' PROPERTY 'LiNE PRQf'{)$tO ',~ P,OW r .~ " , . Q:., (fj.. ......... TAX LOT NC/. 3.J2.?Q4~~ . i I ~ ,."....:.c:'...'..t~.~~'fS::: .., ,. I 'lK~ ;}J;t,~!;;1~"Jd'L:.. . . ... ",., 'l7l~fll..' ',', .,', '.... .", .:' ",'.''':, ,.::::,:j0,:/;':;",:':.,;,~A\1:',~'~0~~P;~i;,;::~;.i,,:: u':=:;;::":::,.:r::".., ,: "'~~~~L JJ~2;'tJelll~"':~OW ""^.;' ,.,... .',..," '<;<":;~i.l~r;:.F:;;;>.-..:,\j. ',.. 2-2- EXHIBIT - PARCEL NO. 3322049085 RIGHT OF WA Y AND UTILITIES EASEMENT THE EAST 3 FEET OF THE WEST 11.5 FEET OF THE HEREINAFTER DESCRIBED PARCEL RA"- CONTAINING 360 SQUARE FEET. MORE OR LESS_ PARCEL flA'~ 1HA T PORTION OF THE SOUTH 120 FEET OF THE NORTH 217.69 FEET OF mE WEST HALF OF mE SOUn-tWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST. W.M., IN KlNG COUNTY, WASHINGTON, LYING EAST OF STA TE ROAD NUMBER 1; EXCEPT THE EAST 30 FEET CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NUMBER 4276859. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WAY PUBLIC WORKS. 3322049085 rowesmt.doc - 1 - EAR T H ~ T E C H A tqcp INTfRNIITlONAL Lffi. COMPANY --- t=.. i....- I SEC. 33, T. 22 N." R. 4 E., w.M. 58.5" '1-- TAX LOT NUMBER JJ22049041 I---- PROPOSED I ROW I 50" PROPER TY LINE ---------...-...........-..~ '- I , r-., N. tS. --..., EXISnNG --1 (J) ROW I (J) 0::: I <n '--' Vi ~ ~I ~ ~ ~ ~t\ 0 $: (:) 0 ti TAX LOT NUMBER <'\l <'\l <'\l :r - -t\ - 3322049085 U I "- ~l G: <3 Q;) ~ I :<t Q (:) p J' ROW AND unLlnES 8 EASEMENT"" 360 S.F.1: 2: I - EXISTING ROW C/L I I PROPER TY LINE I -.....- I TAX LOT NUMBER 58_5' 3322049092 I .-,,-.- EXHIBI T - PARCEL 3.322049085 ROW AND U TILl TIES EASEMEN T Aug. 16, 2005 ACAD No. 3322049085 row esm t -".,.-- E A R T H @ T E C H .-. 10BOO N.E. 8th St. 720 S. 333 Sl. Ste.200 7th floor FederQl Way, WA 98003 BeI1evue. WA 98004 253 838-6202 425 455-9494 2-.S E)(HllJlr, ,,' ".. ~,':". PARCIpLNO., ~~~'J1l~f)41 f!1t;HT ~F','~~J(" THE WEST 8,60 FlilitOP:tR(EHEREINAFTER lJEsCilJa/ElJ/f4ll(1l5L M", CONTAINING 831$PlJARf ~M{)RtOR LIfSS. .' .,'..,:,::" ',"", ',. PARCEt "'A" ,.,:. ',',."" THE NORTH!J7.69 FgETOF'ifi;4TFif>ti;Ttf:JiI/OF THElNfi$r4tl4EOfT1;lp SOUTHWEST QUAfJrE1J()F THE SOUTHWESTJ:;11JA8TfPR,iQESECTlQN 33,.,TOVVf{si!ipF2i/ifliiflf!f:t;,IMNGE 4 EAST.\lV:Mi,fNjklN(; COUNTY. WA$i-HliCi.~di;,:'i;:i(!IfI:j>i~~,tdF$f)JTE8iiitpJl8f(li1:r; ,.' , " ',,' ." . .,,' " .', .' ,. . ".. '" ' ',..", . , ,'... . ' "." .,'. .., .", . .:" .,', .','.. ., ",'. EXCEPT THE EAS7':3()FEl!jf;~'At'8ttE/J to I<fNG eOC1NPfRtiRROAOBY()EEf), 8ECfJRtJEDUIVO€R' . REGORDING NUMBER 42Z6.iJ:. . SURVEYORSNOtE:, ""..,",,,'," .,' , ,',.' ,",' " ' '" ,."", TljE CENrER(;JNE'QRI?Al!lfle!hJ(ljlfW~Y;SOI,f[H (S,fl.:S914$1#I~pj'aN'tHE RIGHT OF. WAY'!?44N,S1#Qfl.' $IJ:99 HOVLANESphA~di,;'f!If!::FlJ;E'W{fHiHE CI'f'iOl:YG,.il/,'LWAYPUBUCWOllKS, '. .,... ,.......:..,..,.,'. . "'."", ' .' '. ,',' ".',. . ""', ".','," '. ."".',. 332204Q041' iev.doPe 2-3 I I TA)((OTNUMBER I ;p22Q492fJ8 . PRoPERTY LINE .MT:S. I LJ ,. CQ ."l'; ~. Q 9: :i ------------- c.-S EXHIBIT - PARCEL NO. 3322049041 RIGHT OF WA Y AND UTILITIES EASEMENT THE EAST 3 FEET OF THE WEST 11.5 FEET'OF THE HEREINAFTER DESCRIBED PARCEL "A ". CONTAINING 293 SQUARE FEET. MORE OR LESS. PARCEL '"An THE NORTH 97.69 FEET OF THA T PORTION OF THE WEST HALF OF mE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, w.M., IN KING COUNTY. WASHINGTON, LYING EAST OF STATE ROAD NUMBER 1; EXCEPT THE EAST 30 FEET CONVEYED TO KING COUNTY FOR ROADBY DEED RECORDED UNDEF RECORDING NUMBER 4276859. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WAY PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUfjLlC WORKS. 3322049041 rowesmt.doc - 1 - EAR T H ~ T E C H A tqcD 1NTf/I1l/A.00NI\L LID_ COMPAN'I' ----.-... 2.3 I SEC. JJ. T. 22 N., R. 4 E.. W.M. I I TAX LOT NUMBER I 50' 3J22049208 , I PROPERTY LINE I N.T-S. ..-..., Q) Q) I 0::: I (J) '--' 41 vi . J Q:) >-= "t- o $: p 0 :r "- C> ~I TAX LOT NUMBER ~ 0 3322049041 I G::: G <( I 3' ROW AND UTlUnES Q EASEMENT ~ 293 S.Li EXISTING I ROW C/L EXISnNG --1 PROPERTY LINE ".---.....--..... I . ROW TAX LOT NUMBER I PROPOSED 3322049085 ROW 58.5' --., EXHIBI T ~ PARCEL 3322049041 ROW AND UTILITIES EASEMENT Aug. 16, 2005 ACAD No. 3322049041 row esmt E A R T H €) T E C H -.'... 10800 N.E. 8th Sl 7W S. 333 Sl- Ste.200 7th Aoor Federal Way, WA 98003 Bellevue. WA 98004 253 838-6202 425 4S5~9494 ""~... 2S- PARCEL NO. 3322049088 RJGHTOFWAY THE EAST 6.50 FEET OF THE HEFE/NAFTER DESCRIBED PARCEL ' A ~. CONTAINING 1,41S SQUARE fffT. MORE OR LESS PARCEL '''A'' THA T PORTION OF THE NORTH 217.69 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF TIll SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNT'" WASHINGTON, LYING WESTERLYOFPRJMARY STATE ROAD NO. I; TOGE11IER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THA T PORTION OF THE SOUTHEAST QUARTER OF SECTION 32 AND SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 22 NOh: ni, RANGE 4 EAST, WM., IN KlNG COUNTY. WASHINGTON, INCLUDED WITHIN A STRIP OF LAND 22 FEET WIDTH, THE ~~ OF WHICH IS MORE PARTlCULARL Y DESCR/8ED AS FOLLOWS: COMMENCING A T THE SOUTHEAST CORNER OF SECTION 32, TOWNSHIP 22 NORTH, RANGE 4 EAST, IN ii.' IN KlNG COUNTY. WASHINGTON; THENCE NORTH 1- 26'OSR EAST 648. 75 FEET ALONG THE EAST UNE OF SAID SECTION 32 TO A POINT INTERSECTION WITH THE EASTERL Y MARGIN OF 16TH A VENUE SOUTH AS SHOWN"ON THA T RECORD ()! SlRVEY, RECORDED ON PAGE 258; VOLUME 8, RECORDS OF KlNG COUNTY, STATE OF WASHINGTON, THENCE NORTH S-59'25R WEST 170.72 FEET ALONG SAID EASTERL. Y MARGIN; THENCE NORTH 3"29'35~ WEST 17.96 FEET ALONG SAIDEASTFRLY MARGIN TO THE TRUE POINT Or BEGINNING; THENCE NORTH 20" 2S'32 ~ EAST 134.04 FEET ALONG THE EASTER/... Y MARGIN OF SAID EASEMENT; THENCE NORTH 1"25'03" EAST 144.72 FEET ALONG THE EASTERLY MARGIN OF SAID EASEMENT TO l' SOUTH UNE OF THE NORTH 217.69 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTf}, SECTION 33; THENCE NORTH 88-34'57R WEST 19.97 FEET ALONG SAID SOUTH LINE OF THE NORm 217.69 FEET T'".' ,)< SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33 TO THE WEST UNE OF SEC1l0/li.; THENCE CONTINUING NORTH 88-34'S7* WEST 2.03 FEET ALONG THE WESTERLYPRQLONGATlON OF L;i) SOUTH UNE OF mE NORTH 217.69 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUAHI i" SECTION 33; THENCE SOUTH 1-25'03- WEST 141.03 FEET ALONG THE WESTERLY MARGIN OF SAID EASEMENT; THENCESOUTH 20-25'32" WEST 80. 7SFEET ALONG THE WESTERLY MARGIN OF SAID EASEMENT TO /' POINT OF INTERSECTION WITH THE EASTERL Y MARGIN OF 16TH A VENUE SOUTH, AS SHOWN ON H//>, ; ~ OF SURVEY RECORDED ON PAGE 2S8, VOLUME 8, RECORDS OF KING COUNTY, STA TE OF WASHINGTON; THENCE SOUTH 3-29'35* EAST 54.26 FEET ALONG SAID EASTERLY MARGIN TO THE TRUE POINT or BEGINNiNG. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH mE CITY OF FEDERAL WA Y PUBUC WORKS. 3322049088.doc ~ 1 ~ E A R T H ~ T E C H A tqca INfEI!NAnoNAL LID. COI.A1I<WY 2-> ~". .-- SEC. 33, T. 22 N., R. 4 E., W.M. TAX LOT NUMBER I 3322049120 50' PROPERTY UNE I ~ ()) .,. ()) 0::: I V) '--..- PROPOSED vi N./.,' ,! ROW I >-= $: TAX LOT NUMBER TAX LOT NUMBER :r 3322049198 3322049088 <.) j i G: , 41 , G 1 "<( Q) Q ... 0 p 0 ~I PROPOSED ROW TAKE AREA = 1.415 S.F.:t E>aSnNG ROW C/L EXlSnNG ROW PROPERTY UNE I TAX LOT NUMBER 56.5' 7876200005 _. EXHIBIT MAP PARCEL 3322049088 ROW TAKE oc T. 2004 ACAD No. 332204,j,1 E A R T H @ T E C H 10800 N.E. 8th St. 720 S. J.l3 Sl. Ste.200 7th A<><< Federol Way, WA 9800J Be,............ WA 98004 253 838~6202 425 455-9494 ,,~." 2~ PARCEL NO. 3322049088 DRAINAGE EASEMENT mAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL -A: DESCRIBED AS FOllOWS: BEGINNING A T THE INTERSECTION OF THE SOUTH UNE OF SAID PARCEL -A. WITH A LINE THA T IS 6.50 FEET WEST OF AND PARAUEL WITH THE WEST MARGIN OF PACIFIC HIGHWA Y SOUTH (SR 99) THENCE NORTH 00'00' 4Jj- EAST ALONG SAID PARAllEL LINE, 18.35 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUT/f90-00' (J(Y' WEST, 55.69 FEET; THENCE NORTH 00"00' 00. EAST. 5.00 FEET; THENCE NORTH 90-00' 00- EAST, 55.69 FEET TO THE INTERSECTION WfTH A UNE THAT IS 6.50 FEET WEST OF AND PARALLEL WITH mE WEST MARGIN OF PACIFIC HIGHWA Y SOUTH (SR 99); THENCE SOIiTH 00-00' 4Jj" WEST ALONG SAID PARALLEL LINE, 5.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 278 SQUARE FEET. MORE OR LESS. PARCEL "'A" THAT POR110N OF mE NORm 217.69 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 22 NORm, RANGE 4 EAST, WM., IN KING COUNTY. WASHINGTON, L YlNG WESIERL Y OF PRIMARY STA TE ROAD NO.1; TOGETHER Wfm AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THAT PORTION OF THE soumEAST QUARTER OF SECTION 32 AND SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST; WM., IN KING COUNTY, WASHINGTON, INCLUDED WITHIN A STRIP OF LAND 22 FEET WlDm, THE PER/METER OF WHICH IS MORE PAR11CULARL Y DESCRIBED AS FOUOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 32, TOWNSHIP 22 NORTH, RANGE 4 EAST, WM., IN KING COUNTY. WASHINGTON; rnENCE NORTH 1"26'05" EAST 648. 75 FEET ALONG THE EAST LINE OF SAID SEC110N 32 TO A POINT OF INTERSECTION WITH THE EASTERL Y MARGIN OF 16TH AVENUE SOUTH AS SHOWN ON THAT RECORD OF SURVEY, RECORDED ON PAGE 258, VOLUME 8, RECORDS OF KING COUNTY, STA IE OF WASHINGTON; THENCE NORTH 5'59'25" WEST 170.72 FEET ALONG SAID EASTERL Y MARGIN; mENCE NORTH 3"29'35" WEST 17.96 FEET ALONG SAID EASTERLY MARGIN TO mE TRUE POINT OF BEGINNING; THENCE NORTH 20-25'32" EAST 134.04 FEET ALONG THE EASTERL Y MARGIN OF SAID EASEMENT; THENCE NORTH 1"25'03- EAST 144.72 FEET ALONG THE EASTERL Y MARGIN OF SAID EASEMENT TO THE SOUTH UNE OF THE NORTH 217.69 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SEC110N 33; THENCE NORTH 88-34'57' WEST 19.97 FEET ALONG SAID SOUTH LINE OF THE NORTH 217.69 FEET TO THE SOUTHWEST QUARIER OF THE SOU11-lWEST QUARTER OF SEC110N 33 TO mE WEST UNE OF SEcnON 33; mENCE CONTINUING NORTH 88-34'5r WEST 2.03 FEET ALONG mE WESTERL Y PROLONGA110N OF SAID SOUTH UNE OF THE NORTH 217.69 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SEcnON 33; THENCE soom 1-25'03w WEST 141.03 FEET ALONG THE WESTERL Y MARGIN OF SAID EASEMENT; THENCE SOUTH 20-25'32- WEST 80. 75 FEET ALONG THE WESTERL Y MARGIN OF SAID EASEMENT TO A POINT OF INTERSECTION WITH THE EASTERLY MARGIN OF 16m AVENUE soum, AS SHOWN ON THAT RECORD OF SURVEY RECORDED ON PAGE 258, VOLUME 8, RECORDS OF KING COUNTY. STATE OF WASHINGTON; rnENCE SOUTH 3'29'35" EAST 54.26 FEET ALONG SAID EASTERL Y MARGIN TO mE TRUE POINT OF BEGINNING. SURVEYORS NOTE: mE CENTERUNE OF PACIFIC HIGHWA Y soom (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH mE CITY OF FEDERAL WAY PUBLIC WORKS 3322049088 esmt.doc - 1 - E A R T H @ T E C H A tqca INl{llJIIJlIIONAUm COMPANY 2,):- SEC. 3S, T, 22 N., R. 4 E., W.M. TAX LOT NUMBER I 3322049120 50' PROPER TY UNE I .-.... I Q) Q) -~ 0::: T U) '----' 41 I Vi . (0 PROPOSED ~ 0 N. r. ROW >-= 0 I $: 21 :r ~ TAX LOT NUMBER TAX lOT NUMBER CJ .}J22049198 3322049088 G:: I CJ <::( Q I EXlSnNG -I I Rowell DRAINAGE EASEMENT r EXIsnNG AREA = 278 SF:! ROW 55.69" 55.69' Ie) I I t') PROPERTY UNE oj TAX LOT NUMBER I 56.5' I 7876200005 EXHIBIT MAP PARCEL 3322049088 DRAINAGE EASEMENT Rev. June 30, 2005 ACAD No. 3322049088 esn,:' E A R T H @T E C H ~~---,. 10800 N.E. 8th st. no s. 33.3 51. St...200 7th floor Federol WG)'. WIt. 9800.3 Bellevue. WA 98004 25.3 838-6202 425455-9494 ~.~",. -.---------.-..." -,,--...-.. 2~ PARCEL NO, 7876200005 RIGHT OF WA Y THE EAST 6.50 FEET OF THE HEREINAFTER DESCRIBED PARCH "A-. CONTAINING 472 SQUARE FEET, MORE OR LESS. PARCEL -A- SOUNDV1EW I, A CONDOMNIUM, ACCORDING TO THE CONOOIWNIUM DECLAIM nON RECORDED UNDER RECORDING NUMBER 7902280921, AND AMENDMENTS THERETO, IF ANY, AND IN VOLUM i:J OF CONOOMNIUMS, PAGES 45 THROUGH 48, INCLUSIVE, IN KING COUNTY, WASHINGTON. SURVEYORS NOTE: THE CENTERUNE OF PACIFIC HIGHWAY SOUTH (SR 99) IS BASED ON THE R/GHTOF WAY PLANS. Ii SR 99 HO V LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 7876200005.doc - f - EAR T " ~ T E C H A tycu/f.rrflWA1lONAllID. COMMNY 2G. SEC. 33, T. 22 N., R. 4 E., w.1.I. TAX La T NUMBER I 56.5' 3322049088 I 50' I PROPERTY UNE PROPOSED , ROW SOUND VIEW I A CONDOMINIUM I,;'. VOL 29, PG. 45-48 Ct:l l<JI TAX LOT NUMBER ILl 7876200005 ~ io '<t- a p PROPOSED ROW TAKE 0 0 AREA ~ 472 S.F.x 2: PROPERTY UNE .. I ro"'');'. n , EXISnNG ~ (n I SOUNDV1EW /I I ROW C/L , , A CONDOMINIUM VOL 29, PG. 49-52 I , TAX LOT NUMBER j 7876210005 '1 ! f-- EXISnNG f ROW , t.i... I ('" "0\ PROPERTY UNE I ,r ,j n 1 1 SOUNDV1EW III I A CONDOMINIUM VOL. .29, PG. 53-56 TAX LOT NUMBER 56.5' 787622001 0-0060 EXHIBIT MAP PARCEL 7876200005 ROW TAKE : OCT. 2004 ACAD No. 7876201.."- E A R T H ~ T E C H 10800 NL 8th Sl 720 S. 333 Sl Ste.200 7th Flo<< federal Woy, WA 98003 Ilellevue. WA 98004 253 8.38-6202 4-25 4-55-9494- ow,. . -.. 27 PARCEL NO, 7876210005 RIGHT OF WA Y THE EAST 6.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL" A"'. CONTAINING 472 SQUARE FEET. MORE OR LESS. PARCEL ""A'"' SOUNDV/EW II, A CONDOMINIUM,. ACCORDING TO THE CONDOMINIUM DECLARA TION RECORDED UNDER RECORDING NUMBER 7902280924, AND AIftfNDAENTS THERETO, IF ANY, AND IN VOLUM 29 OF CONDOMNIUMS, PAGES 49 THROUGH 52, INCLUSIVE, IN KING COUNTY, WASHINGTON. SURVEYORS NOlE: THE cENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS {I';? SR 99 HO V LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUQUC WORKS. 7876210005.doc - 1 - EAR1H€)T E C H A tqculNTfRNATlONALUU COMflOWY 2..7 SEC. 33, T. 22 N., R. <I E., W.M. SOUNDV1EW 1 I 56S A CONDOMINIUM VOl. 29, PG. 45~ 48 I I TAX LOT NUMBER 7876200005 SQ' PROPERTY UNE , PROPOSED ROW N.T.S. SOUNDV1EW U ~I A CONDOMINIUM . (Q VOL 29, PG. 49'-52 _'<t- TAX LOT NUMBER 0 P 7876210005 0 Q z PROPOSED ROW TAKE .--- AREA == 472 5.F.:f: 0) 0) PROPERTY UNE 0:: EXlSnNG ~ Ul ....... ......" I ROW Cjl .:j'") SOUND V1EW ItI .).~ A CONDOMINIUM S:: VOL 29, PG. 5J~56 r TAX LOT NUMBER J-- EXISnNG ) 787622oolO~OO60 ROW t, I \) I "{ (t PROPERTY UNE 56.5' EXHIBIT MAP PARCEL 7876210005 ROW TAKE OCT. 2004 ACAD No. 787621Ot~ i .' ~ ,..- E A R T H @ T" E C H ~._.~."". 1 0600 H.E:. 8th st. 72fJ S. 3.13 SL Ste.200 7th Roo..- Federnl Way, WA 98003 SeIl_. WA 98004 25.1 8.J8-6202 425 455-9494 . ,.,~ 28' PARCEL NO. 7876220010-0060 RIGHT OF WA Y THE EAST 6.50 FEET OF THE HEREINAF7FR DESCRIBED PARCEL - A-. CONTAINING 472 SQUARE FEET. MORE OR LESS. PARCEL ""AN" SOUNDV1EW III, A CONDOMINIUM. ACCORDING TO THE CONDOMNIUM DECLAIM TIONRECORDED UNDER RECORDING NUMBER 7902280926, AND AAENDkENTS THERETO, IF ANY, AND IN VOLUAE 29 OF CONDOMNIUMS, PAGES 53 THROUGH 56, INCLUSIVE, IN KING COUNTY. WASHINGTON. SIIRVFYORS NOTF' THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99J IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 9!J. HO V LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 78762200 1 0-0060. doc - 1 - EARIH@T E C H A tqcolN~LTD. aJMI'JWY 2-g' SEC. 3.3, 1: 22 N., R. 4 E., W.M_ SOUNDvtEW /I I A CONDOMINIUM 56.5' VOL 29, PG. 49-52 I TAX LOT NUMBER I 7876210005 PROPERTY UNE 50' PROPOSED T ROW N. T. S. SOUNDvtEW III 411 A CONDOMINIUM VOL 29, PC. 53-56 . TAX LOT NUMBER Q) ,'f' 7876220010-0060 0 P PROPOSED ROW rAKE <;) 0 AREA = 472 S.F.:f: ~ ............. PROPERTY UNE 0) 0) D(JSTlNG ~ 0::: U) '---" I Roweji vi >-= $: ::r: {- EXlSnNG U REDONDO vtSTA ROW t4: A CONDOMINIUM VOL 103, PG. 71-74 I () rAX LOT NUMBER 1 <:( 7205810010-0480 Q I 56.5' ~, ...., EXHIBIT MAP PARCEL 7876220010-0060 ROW TAKE OCT. 2004 ACAD No. 7876220010 ny;o E A R T H ~ T E C H t0800 N.E.. 8lh St. 720 S. 333 St. St".ZOO 7th Fl40r Fed..".. Way, WA 98003 Belle.....e. WA 98004 253 8.l8-6202 425 <4-55-9494 "--.". -.----- 29 PARCEL NO. 7205810010-0480 RIGHT OF WAY mE EAST 6.50 FEET OF mE ~/NAFTER DESCRIBED PARCEL RAW. CONTAINING 2,49B SQUARE FEET. MORE OR LESS. PARCEL "*A" fEDONDO VISTA, A CONDOMINIUM, ACCORDING TO THE CONDOMINIUM OEaARA nON RECORDED UNDER RECORDING NUMBER 9104251176, AND AMENDMENTS ~O,IFANY. AND IN VOLUME 103 OF CONDOMINIUMS, PAGES 71 THROUGH 74, INCLUSIVE. IN KING COUN1Y, WASHINGTON. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HlGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBl.JC WORKS. 7205B 100 1 0-04BO. doc - 1 - EA R r H ~, T E C H A tqcolNlElWAT/OIoIAL LTD. COMi'ANY 2Cf 0::0 SEC. 33, T. 22 N., R. 4 E, w'M. t..l<O PROPERTY UNE 56.5' Olg ~l \ ~d z~ 1--0 o~. ...J~ >(<0 50' <(:...... 1---<0 ...... ~\ PROPOSED ROW EXISnNG ~\ ROW C,It .,. " \\"\ EXISnNG N" j ROW I I REDONDO V1STA w ! A CONDOMINIUM . 1 20' VOL 103, PC. 71-74 <0 1 ..... TAX LOT NUMBER 0 I 7205810010-0480 P I (:) I ) 0 Z ('/~ t 0 1 v'l ~"'. \ PROPOSED ROW TAKE > AREA = 2,498 S.F.:f: "::~ .~. \, ) I l, \". ' I ...::.1 () PROPERTY UNE TAX LOT NUMBER 56.5' 3322049124 EXHIBIT MAP PARCEL 7205810010-0480 ROW TAKE ocr 2004 ACAD No. 7205810010:, '.,.'n', E A R T H @ T E C H 10800 N..f.. 8th st, 71fJ S. 3J.3 st. Ste.200 7th Fl<>ot' fede~ol Way. WA 96003 8el\"....... WA 98004 253 838-6202 425 455~9494 29 PARCEL NO. 7205810010~O480 DRAINAGE EASEMENT THE NORTH 5 FEET OF THE WEST 34.75 FEET OF THE EAST 41.25 FEET OF THE HEREINAFTER DESCRIBED PARCEL RA". CONTAINING 124 SQUARE FEET, MORE OR LESS. PARCEL ....A" REDONDO VISTA, A CONDOMINIUM, ACCORDING TO THE CONDOMINIUM DECLARA TlON RECORDED UNDER RECORDING NUMBER 9104251176, AND AMENDMENTS THERETO, IF ANY, AND IN VOLUME 103 OF CONDOMINIUMS, PAGES 71 THROUGH 74, INCLUSIVE, IN KJNG COUNTY. WASHINGTON. SURVEYORS NOTE: THE CENTERUNE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITYOF FEDERAL WA Y PUBLIC WORKS- 7205Bl00IO-0480 esmt.doc -1 - EARTU€)T E C H A tyco 1tlrfflNA~ 00, C()MllolNY 29 0::0 SEC. 33, T. 22 N., R. 4 E., W.M. 41'0 PROPERTY UNE 0::10 5' ~o 91.25' ::,1 \ ~~ .....0 DRAINAGE EASEMEN T 00 -I~ AREA = 124 S.F.r x;~ 56.5' ~Q) "- ~\ PROPOSED 50' ROW , ~\ I EXlSflNG \\1'\ ROW Cj't N.T.S. I I REDONDO \l7STA au A CONDOMINIUM . 20' VOL 103, PG. 71-78 I Q) .... TAX LOT NUMBER a 7205810010-0480 p Co , 0 .......... ?: ()) I 0) I 0::: V) '--' \ I vi )-: I~ EXlSlIHG ~ ROW :r <.) I G::: I G I <:( Q PROPERTY UNE TAX LOT NUMBER 56.5' 3322049124 EXHIBIT MAP PARCEL 7205810010-0480 DRAINAGE EASEMENT Rev. June 30, 2005 ACAO No. 7205810010-0480 esmt E A R T H @ T E C H 10800 H.E.. 8th Sl. 120 S. 3JJ St. sta.200 7th F100r federal Way, WA 9B003 Ba/levue., WA 98004 2SJ 8J6-6202 425 455-9494 30 PARCEL NO. 3322049124 RIGHT OF WA Y THE EAST 6.50 FEET OF THE HEREINAFTER DESCRIBED 'PARCEL "'A R. CONTAINING 715 SQUARE FEET, MORE OR LESS. PARCEL -A- THE NORTH 110 FEET OF THE SOUTH 505 FEET MEASURED ALONG THE WEST LINE OF STA TE HIGHWA Y NUMBER, " OF THA T PORnON OF THE SOUTHWEST QUARTER OF THE SOUTHWEST _ OUARTER OF SEcnON 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, \iv.M., IN KING COUNTY, WASHINGTON, LYING WEST OF STA TE HIGHWA Y NUMBER " SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS 3322049124.doc ~ 1 ~ EAR T H ~ T E C H A tqco 1NTElW/UIOt,lAI.. lID. aJMIlOlNY ],0 SEC. .J3, T. 22 N., R. 4 E., W:M. 56.5' TAX LOT NUMBER I 7205810010-0480 I 50' I PROPERTY lJNE - ...--.... , 01 01 N_rs. 0::: PROPOSED V) I '--' ROW vj >-= 41 TAX LOT NUMBER S CQ 3322049124 J:: 't- '0 () p 0 G:: 0 (J z PROPOSED ROW TAKE ~ I AREA ~ 715 S.F.z Q EX/SnNG PROPERTY UNE ROW Cjt 56.5" TAX LOT NUMBER 3322049123 r- EXISnNG ROW I , I -,,- HI EXHIBIT MAP .' I PARCEL 3322049124 ROW TAKE \ j OCT. 2004 ACAD No. 332204' I E A R T H @ T E C H I 10800 NE.. 8th St. 71SJ S. 333 SL St".2oo 7th flQO(" Fed"",l WG)'. WA 98003 8elevue. WA 98004 253 838-6202 425 45$-9494 -.--".". , 31 PARCEL NO. 3322049123 RIGHT OF WAY THE EAST 6.50 FEET OF THE HEREINAFTER DESffilBED PARCEL . A -. CONTAINING 247 SQUARE FEET. MORE OR LESS. PARCB.....A" THE NORm 38 FEET OF THE SOUTH 395 FEET. AS MEASURED ALONG THE WEST MARGIN OF STA 1E HIGHWA Y NO 1, OF THE SOUtHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECnON 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, WM., IN KING COUNTY. WASHINGTON, LYING WEST OF SAID STATE HIGHWA Y NO 1 (SR 99/PAClFIC HIGHWA Y SOUTH). SURVEYORS NOTE: THE CEN7ERL/NE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 3322049123_doc - 1 - EAR T H ~ T E C H A tqcu lmfllNAf'iOWlLtTU (J)Mf'ANY 3.1 SEC. 33, T. 22 N., R. 4 E.. W.M. 56.5' TAX LOT NUMBER 50' I 3322049124 PROPERTY UNE , .--...-. ()) ()) PROPOSED Raw 0:: <t) N", r~.;. '--' I TAX LOT NUMBER vj 3322049123 >-= 41 PROPOSED ROW fAKE $:: Q) AREA = 247 S.F.x :c ... '0 CJ p 0 PROPERTY UNE it: <:;) <3 ~ -<:( CL I TAX LOT NUMBER 3322049155 EX1SnNG ROW Cjt r EXlSnNG I ROW . PROPERTYUNE TAX LO T NUMBER I 3322049057 56.5' -, EXHIBIT MAP PARCEL 3322049123 ROW TAKE ocr 2004 ACAD- No. 3322049/,- ..'W E A R T H @ T E C H 10800 NL 8th St. 720 s. 333 St. Ste.200 7th Floor Fedeclll Way. WA. 90003 Bellevue. WA 98004 253 838-6202 425 455-9494 -,.,.., 32.. PARCEL NO, 3322049155 . RlGHTOFWAY THE EAST 6.50 FEET OF 1HE I-lEFBNAFTER DESCRIBED PARCEL "A"_ CONTAINING 299 SQUARE FEET. MORE OR LESS. PARCEL ....A.. THE SOU1H 46 FEET OF THE NORTH 194 FEET OF THE SOUTH 505 FEET. AS MEASURED ALONG THE WEST MARGIN OF STA TE HIGHWA Y NO.1, OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 22 NORm, RANGE 4 EAST, W:M., IN KING COUNTY. WASHINGTON, LYING WEST OF SAID ST A IE HIGHWA Y NO 1 (SR 99/PACIFlC HIGHWA Y SOU1H). SURVEYORS NOTE: THE CEN1ERlJNE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PlANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 3322049155.doc - 1 - EAR T H ~ T E C H A tqco INffJWA.P.O(>IAl Oll <XJMf'AI>(Y 3'2... SEC, 33, T." 22 N., R. 4 E., w'M. 56.5' TAX LOT NUMBER I SO' I 3322049124 PROPERTY UNE I ~ I I (J) (J) ct: N. T.S. (f) '--' I TAX LOT NUMBER I 3322049123 vj ~ 41 $: . I 'l:I ::c ."t- 0 CJ p 0 PROPERTY UNE L: 0 G ~ <<:( PROPOSED Q I ROW TAX LOT NUMBER 3322049155 EXlSnNG PROPOSED ROW, TAKE ROW c;t AREA =299 S.F.x EXlSnNG J ROW PROPERTY UNE TAX LOT NUMBER I 3322049057 56.5' EXHIBIT MAP PARCEL 3322049155 ROW TAKE OCT. 2004 ACAD No. 3322049155 E A R T H @ T E C H 10800 NL 8th st. 720 s. 3J3 st. St".200 ,7th Flo<:w Federol Way, WI\ 98003 BeIIevue, WA 98004 253 838-6202 425 455-9494 3'2... EXHIBIT ~ PARCEL NO. 3322049155 PERMANENT UTILITIES EASEMENT THE SOUTH 10 FEET OF THE WEST 20 FEET OF THE EAST 26.5 FEET OF THE HEREINAFTER DESCRIBED PARCEL RAW. CONTAINING 200 SQUARE FEET. MORE OR LESS. PARCEL "'Au THE SOUTH 46 FEET OF THE NORTH 194 FEET OF THE SOUTH 505 FEET, AS MEASURED ALONG THE WEST MARGIN OF STATE HIGHWA Y NO. 1, OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, w.M., IN KING COUNTY, . WASHINGTON, LYING WEST OF SAID STA TE HIGHWA Y NO t (SR 99/PACIFIC HIGHWA Y SOUTH). SURVEYORS NOTE: THE CENTERLINE OFPACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 3322049155 pue esmt.doc - 1 - EAR T H ~ T E C H A tqcu /IIfffilNA1IONAl UP. COMPANY 32- SEe. 33. T. 22 N., R. 4 E., w.M. 56.S' TAX LOT NUMBER I 50' -l 3322049124 PROPERTY LINE I , ......... I 0) 0) 0::: (f) N.r", ............. I TAX LOT NUMBER I vj 3322049123 >-= 41 I :5: Q) ::t: ~ C> (.) P <::> PROPERTY LINE G:: 0 I 0 2; "<( PROPOSED Q I ROW TAX LOT NUMBER I 3322049155 PERMANENT ununES I EASEMENT ~ 200 S.F.:r ~ EXlSnNG ROW c;t '0 r- EX1SnNG I - ROW PROPER TY LINE 765' TAX LOT NUMBER 3322049057 56.5' .'.J.H_". EXHIBIT I - PARCEL 3322049155 PERMANENT UTILITIES EASEMENT , .Ally 28, 2005 ACAD No. 3322049155 pue ".,,' ! E A R T H €) T E C H ~ 10800 N.E. 8th St. 7W S. 333 St. Ste.200 7th Floor ,feder-of Woy. WA 98003 Bellevu<:. WA 98004 253 636-6202 425 455-9494, ,33 PARCEL NO. 3322049057 RIGHT OF WAY THE EAST 6.50 FEET OF THE HEREINAFTER DESCRiBED PARCEL "'A"'. CONTAINING 487 SQUARE FEET. MORE OR LESS. PARCEL -A- THE NORTH 75 FEET OF THE SOUTH 311 FEET OF THE FOLLOWING DESCRIBED PROPERTY: BEGINNING ON THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, ,WASHINGTON, A T A POINT WHICH IS 435.38 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE EAST PARALLEL WITH THE NORTH LINE THEREOF 162.42 FEET TO THE WESTERL Y LINE OF STA TE ROAD NUMBER 1; THENCE SOUTHERL Y ALONG SAID SUBDIVISION ROAD, LINE 886. 78 FEET TO THE SOUTH UNE OF SAID SUBDIVISION; THENCE WESTERLY ALONG SAID SOUTH LINE 179.6 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE NORTHERL Y ALONG SAID SECTION UNE 887.52 FEET TO POINT OF BEGINNING; EXCEPT COUNTY ROAD ALONG THE SOUTH LINE THEREOF. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PlANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 3322049057.doc - 1 - EARlH@T E C H A fiICD 1NTfJWA11ONAL LID. OJMPIWY 3!. SEC. 33, T. 22 N." R- 4 E., W.M. 56.5' TAX LOT NUMBER 3322049155 I 50' I PROPERTY UNE ..-.... , 0) 0) 0::: PROPOSED (I) N.T.S. '---' I ROW vj >-= 41 :s.: " QJ :r: ..,. 0 0 P TAX LOT NUMBER L- a 3322049057 a (J z <( Q I PROPOSED ROW TAKE AREA = 487 S.F.:r EXlSnNG PROPERTY UNE ROW c;t J-- EXlSnNG I ROW TAX LOT NUMBER I 3322049158 56.5' EXHIBIT MAP PARCEL 3322049057 ROW TAKE OCT. 2004 ACAD No. 3.322049057 E A R T H €) T E C H 10800 N.E. 8th Sl no S. 333 St. ste.200 7th f1oo<- federal Way, WA 98003 Bell.......e, WA96004 253 838-6202 <4-25 4S5-9~94 3t../ PARCEL NO. 3322049158 RIGHT OF WA Y THE EAST 6.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL "'A "'. CONTAINING 884 SQUARE FEET, MORE OR LESS. PARCEL -A- THE NORTH 136 FEET OF THA T PORnON OF THE SOUTH 236 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECnON 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, W:M., IN KING COUNTY, WASHINGTON, LYING WEST OF STA TE HIGHWA Y NUMBER ,. SURVEYORS NOTE: THECENTERUNE OF PAClRC HIGHWA Y SOUTH {SR 99J IS BASED ON THE RiGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBUCWORK5. 3322049158. doc - 1 - EARTH~T E e H A bfcu 1i(t'(1WA00N4L Lltlalr.lmNY 3.1-/ SEC- 33. T. 22 N., R. 4 E., W.M. 56.5' TAX LOT NUMBER I 3322049057 PROPERTY. UNf.: I SO' PROPOSED , ROW ------ Ol Ol N.T.S. ~ I '---' vi I<J )..: . $ IX) TAX LOT NUMBER .:'t J: Q 3322049158 P U Q Q G: :z () I "'C Q PROPOSED ROW TAKE AREA = 884 S.F.~ EXISTING ROW c;t EXISTING PROPERTY UNE ROW I TAX LOT NUMBER I 3322049132 56.5' EXHIBIT MAP PARCEL 3322049158 ROW TAKE OCT. 2004 ACAD No. 3322049158 E A R T H €) T E C H 10800 N.E. 8th Sf.- 720 S. JJJ st. stc..200 7th Floor federol Wtly. WA 90003 Bellevue. WA 98004 25J 838-6202 ,(25 ,(55-9,(9.( ::;;:- PARCEL NO. 3322049132 RIGHT OF WAY THE EAST 6.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL "A ". CONTAiNiNG 258 SQUARE FEET, MORE OR LESS. . PARCEL ~~.. THAT PORnON OF THE SOUTH 236 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SEcnON 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY. WASHINGTON, LYING WEST OF STATE HIGHWAY NO. 1 (ALSO KNOWN AS PACIFIC HIGHWA Y SOUTH); EXCEPT THE NORTH 136 FEET; AND EXCEPTTHESOUTH 20 FEET; AND EXCEPT THA T PORnON DEEDED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NUMBER 7108310550; AND EXCEPT THAT PORnON DEEDED TO THE STA TE OF WASHINGTON FOR STA TE HIGHWA Y BY DEED RECORDED UNDER RECORDING NUMBER 8704230164; AND EXCEPT THAT PORnON LYING WITHIN 16TH A VENUE SOUTH; AND EXCEPT THA T PORnON AWARDED TO THE CITY OF FEDERAL WA Y IN KING COUNTY SUPERIOR COURTCAUSE NUMBER 02-2-31009-5, A Copy OF WHICH WAS RECORDED UNDER RECORDING NUMBER 20030521001011. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBUC WORKS. 3322049132.doc - 1 - EAR T H ~ T E C H A fI/CO INTffWATIONAL LID. COMWW'( :;s- SEC. 33, T. 22 N., . R. 4 E., W.M. 56.5' TAX LOr NUMBER I 3322049158 I I 50' PROPERTY UNE , PROPOSED ...---.... ROW Ol 0) rs. 0::: I 0 V) 0 '---' vi vi TAX LOT NUMBER I<) 3322049132 >-= w :s: . PROPOSED ROW TAKE J:: IX) 't- AREA = 258 s.F.~ U 0 p G: Q / 6.31' U Q "'C 21 L EXISnNG Q / ROW EXISnNG ~ ROW Cjt - I S. 288TH Sf. _.W..,,'.... EXHIBIT MAP PARCEL 3322049132 ROW TAKE OCT. 2004 ACAD No. 332204:1 :' , .,-"""^ E A R T H €) T E C H 10800 NL 8th Sf.- 720 S. 333 St. Ste.200 7th~ federal WQy. WA 98003 aeDevue. WA 98004 253 636-6202 <\.25 <\.55-9,(94 37 PARCEL NO. 0421049034 RIGHT OF WA Y THE EAST 6.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL NA". CONTAINING 764 SQUARE FEET, MORE OR LESS. PARCEL ....A '" THA T PORnON OF THE SOUTH t t 7.5 FEET OF THE NORTH 322.5 FEET OF GOVERNMENT LOT 4, $ECnON 4, TOWNSHIP 2 t NORTH, RANGE 4 EAST, WM., IN KING COUNTY, WASHINGTON, LYING . WEST OF STA TE HIGHWA Y NO. t; EXCEPT THE WEST ZO FEET. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99} IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 0421049034.doc - t - EAR T " ~ T E C H A f1tca INlFRNATIONAl LID. COMPANY '" 3>7 SEe 4. T. 21 N" R. 4 E.. W.M. TAX LOT NUMBER , 56.5' 20' 042/049024 - , I I ..-.... Ol PROPERTY LINE Ol , ll::: V) '-...- I (rj \H PROPOSED N.T.S. ROW IQ ~ )..: '1 ::::J $ ~l )... J::: Q I h TAX LOT NUMBER 0 ei 0421049034 0 .~.~ I & G:: i lu a: <3 I ~. "<( -..l Q ~I PROPOSED ROW TAKE I AREA = 764 $..F.:f: ~ ! PROPERTY LINE ~I I so' I .~ -I t',j. fl \ ~I I EXISTING ",-..",1 RowelL : TAX LOT NUMBER 0421049047 I I 1- EXISTING ROW I 56.5' I .~.'"! ".~"..' . EXHIBI T MAP PARCEL 0421049034 ROW TAKE July 28, 2005 ACAD No. 04210490. E A R T H @ T E C H 10800 N.E:. 8th St. 720 s. 333 St. St".200 7th ~ federnl Way. WA 90003 6ellevue. WA. 98004 253 838-6202 425 455-949,( --.- .so PARCEL NO. 0421049047 RIGHT OF WA Y THEEAST 6.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL -A-. CONTAINING 1,300 SQUARE FEET. MORE OR LESS. PARCEL -A- rHAT PORnON OF THE NORTH 200 FEET OF THE SOUTH 322.5 FEET OF THE NORTH 645 FEET OF GOVERNMENT LOT 4, SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM., IN KING COUNTY, WASHINGTON, LYING WEST OF STATE HIGHWA Y NO.1; EXCEPT THE WEST 20 FEET THEREOF; AND EXCEPT ROADS. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHTOF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 0421049047.doc - 1 - EAR 1 H ~ T E C H A tqca NlfRNATIONAi LID. COMMNY ';''6 SEe 4, r. 21 N., R. 4 E.. W.M. I TAX LOT NUMBER ,. 0421049034 56.5' ~~.'. I PROPERTY LINE I 20' ~ .-..... (J) I , Ol ! 0:: I <n ............ , N.T.S. vi PROPOSED ~;.~ .< ROW )k '~\'~ \ I I<J $: .<l <.. ?; J:: 'I,:,) j -J (: U ;"". I<J e:; G: ,> , ~. , TAX LOT NUMBER 0 I -J Q I II 0 0421049047 ..::( Q:: Q Q d ! 50' ; I ,,," PROPOSED ROW TAKE <'II I ~. AREA = 1.300 s.F.::t ~I ! EXtsnNG ; I ROW C/l. ! PROPER TY LINE I 'J I TAX LOT NUMBER I 0421049070 I . EXHIBIT MAP PARCEL 0421049047 ROW TAKE OCT. 2004 AeAD No. 042104~?,q -~~. . ,. E A R T H ~ T E C H - ~_.,_. ". 10800 N.(. 8th Sl 720 S. 333 St. Ste;200 7th Floor federal Way, WA 98003 a..nevu". WA 98004 253 838-6202 425 455-9494 .-.- 3.9 PARCEL NO. 0421049070 RIGHT OF WA Y THE EAST 6.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL ...A.... CONTAINING 406 SQUARE FEET. MORE OR LESS. PARCEL -A- THE SOUTH 122.5 FEET OF THE NORTH 645 FEET OF THA T PORT/ON OF GOVERNMENT LOT 4, IN SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M'i IN KING COUNTY, WASHINGTON, LYING WESTOFSTATEROADNO_ 1; EXCEPT THE SOUTH 60 FEET THEREOF; AND EXCEPT THE WEST 20 FEET THEREOF FOR ROAD. SURVEYORS NOTE: THE CENTERLiNE OF PAC/FIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 0421049070.doc - 1 - E A 6 T H ~ T E C H A fI/CO .IN1'9WA.OONAL LID. COMPANY :19 ~.~"_..". SEe. 4, T. 21 N., R. 4 E., W-M. TAX LOT NUMBER 56.5' --I 0421049047 f I ..--..". I PROPERTY UNE 0) I Ol ~ I N. T.s. '---' PROPOSED i ROW Vi I I<J )..: ~ .' $:: lXl, TAX LOT NUMBER ~'t 1 0421049070 :r: 01 f;! U ~I G: (J l "'C , PROPOSED ROW TAKE Q AREA = 406 S.F.~ I PROPER TY UNE I' SO' --I j L EXlsRNG EXISnNG ~,.! ROW C/L : TAX LOT NUMBER I 0421049074 ROW I 56.5' ! I ---I I I EXHIBIT MAP PARCEL 0421049070 ROW TAKE OCT. 2004 ACAD No. 042104'.!' ~"'." E A R T H @)T E C H 10800 NE 8th Sf.- 7'Jf) s_ 333 St. Ste.200 7th Roo.- federal W<ty. WA 98003 8ellevue" WA 9800,( ~3 838-6202 ,(25 ,(55-9.(94 ..,.-... "ID PARCEL NO. 0421049074 RIGHT OF WA Y THE EAST 6.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL -A-. CONTAINING 390 SQUARE FEET. MORE OR LESS. PARCEL -A- SOUTH 60 FEET OF THE NORTH 645 FEET OF GOVERNMENT LOT 4, LYING WEST OF PRIMARY STATE HIGHWAY NO.1, SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W:M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 20 FEET THEREOF FOR ROAD. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99J IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 0421049074.doc - 1 - EAR T H ~ T to C It A tqca 1NTfIINA1/ONAJ.LID. o:JIoM'ANY L-jD SEC. 4, T. 21 N., R. 4 E., WM. , 56.5' ~ TAX LOT NUMBER 0421049070 J ------ , Ol PROPERTY UNE Ol 0::: (J) '---' N.T.s. vi wi PROPOSED ROW )..: . =s:: ~l J:: 551 TAX LOT NUMBER 0 Q d U (") 0421049074 co G: <: (J -<( I PROPOSED ROW TAKE Q l AREA = 390 S.F.r I PROPERTY UNE r 50' EXISTING ~ J-- EXISTING ROW e;t TAX LO T NUMBER ROW I 0421049041 56.5' J I t EXHIBIT MAP PARCEL 0421049074 ROW TAKE OCT. 2004 AeAD No. 0421049(' : i - E A R T H €) T E C H 10800 N.E. 8th Sf.- 7W S. 333 Sf.- ste.200 7th Fl<>ar federal Way, WA 98003 BelleIIue. WA 9800-4 253 838-6202 ,(25 .(SS-9'(94 ~..l/'i 2-. PARCEL NO. 0421049041 PARCEL NO. 0421049036 RIGHT OF WA Y THE EAST 6.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL "A"_ CONTAINING 851 SQUARE FEET, MORE OR LESS. PARCEL ....A.... THA T PORT/ON OF GOVERNMENT LOT 4 IN SECT/ON 4,. TOWNSHIP 21 NORTH, RANGE 4 EAST, WM., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING A T A POINT WHICH IS 645 FEET SOUTH AND 202.42 FEET EAST OF THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 4; THENCE WEST 182.42 FEET ON THE LINE PARALLEL WITH AND 645 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 4; THENCE SOUTH 131 FEET TO A POINT 300 FEET NORTH OF THE SOUTH LINE OF SAID GOVERNMENT LOT 4; THENCE EAST 182.42 FEET AND PARALLEL TO SAID NORTH LINE OF SAID SECT/ON 4; THENCE NORTH TO THE POINT OF BEGINNING. SURVEYORS NOTE: THE CENTERLINE OF PACIAC HIGHWA Y SOUTH (SH 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 04210490369041.doc - 1 - EAR T H ~ T E C H A tqaJ /N1FJlfI#AT1ON.4L UD. COMflIWY 411'-12- , SEe. 4, T. 21 N., R. 4 E., W.M. I TAX LOT NUMBER I I 0421049070 56.5' PROPERTY UNE I 20' I I I ........... TAX LOT NUMBER Ol I - Q) 0421049074 '1 Q: , Vl "---' I<J PROPERTY LINE vi lQ I ~\ ~ N.T.S. >-= ~I I I $ 0 I 0 w :c :z :z :::J PROPOSED - '\ U ).. ROW c: I- ~ '\ u ~I 0... TAX LOT NUMBER "<( 0 0421049041 h Q 0::: 0... IX) 01 d I'd -J f<) f<) z. f' I 0 j:;: PROPOSED ROW TAKE N UI AREA = 851 S.Fd: ~ 50' PROPER TY LINE " I<J TAX LOT NUMBER , ~) ~I 0421049036 \ EXISl1NG - ,"" PROPERTY UNE I ROW Cjt C\l !'l l-- EXISl1NG 0 I <: I ROW TAX LOT NUMBER I 0421049240 56.5' I EXHIBIT MAP PARCEL 0421049036 & 0421049041 ROW TAKE OCT. 2004 AeAD No. 0421049036_9041 E A R T H ~ T E C H 10800 H.E. 8th St 7W s. 333 St Ste.200 7th . Aoo~ fed<<al Way, WA 98003 Bellewe. WA 9800.( 253 838-6202 . ,(25 .(55-9,(9,( ~3> PARCEL NO. 0421049240 RIGHT OF WA Y THE EAST 6.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL -A-. CONTAINING 975SQUARE FEET, MORE OR LESS. PARCEL NA" THE NORTH 150 FEET OF THE SOUTH 300 FEET OF THE PORnON OFGOVERNMENT LOT 4, SECTION 4, TOWNSHIP 21 NORTH, RANGE4 EAST, W.M., IN KING COUNTY. WASHINGTON, LYING WESTERL Y OF STATE ROAD NO.1; EXCEPT THE WEST 20 FEET THEREOF. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH ISR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBUC WORKS. 0421049240.doc . 1 - EAR T H ~ T E C H A bp:u /NTfflNArlOI'U\t uo. o:>>N'ANY 4~ SEe. 4, T. 21 N., R. 4 E.. W.M. I TAX LOT NUMBER I 56.5' 0421049041 1 ! I PROPERTY LINE TAX LOT NUMBER 0421049036 , ------ Ol Ol 20' 0:: <n PROPOSED '--...- N.T.S. ROW (fj _A,~ ~ ~''''; I s "W TAX LO T NUMBER J:: ..... :z 0421049240 U :J >-- G: ~ u .....1 ~ -<:( 0 Q Q:: Q :z PROPOSED ROW TAKE :J ~I AREA = 975 SI.:t SO' b: ,..,..- PROPERTY LINE ! ~I EXISTING p: L ROW C/1 (3 , ! Zt TAX LOT NUMBER EXlSnNG 0421049140 ROW I 56.5' ..'.. . w,. EXHIBIT MAP PARCEL 0421049240 ROW TAKE OCT. 2004 ACAD No. 0421049>" -~,-"" . E A R T H @) T E C H 10800 N.E. 8th st. no S_ J13 st. ste.2oo 7th~ federal Wuy, WA 96003 8ellevue. WA 9800,( 253 838-6202 .(25 ,(55-9,(94 -".',., L-(3 PARCEL NO. 0421049240 SLOPE EASEMENT mE WEST 25FEET OF mE EAST 31.5 FEET OF THE HEREINAFTER DESCRIBED PARCEL "A': CONTAINING 3.751 SQUARE FEET, MORE OR LESS. PARCEL ~~ n THE NORTH 150 FEET OF THE SOUTH 300 FEET OF THE PORnON OF GOVERNMENT LOT 4, SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM., IN KING COUNTY. WASHINGTON. LYING WESTERLY OF STATE ROAD NO. 1; EXCEPT THE WEST 20 FEET THEREOF. SURVEYORS NOTE: mE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE Willi THE CITY OF FEDERAL WA Y PUBLIC WORKS. 0421049240 esmtdoc - 1 - EA R T H @ T E C H A f1ICo 1NfHItlA00f0I/lL till. COlY/'A/IIY L.t7:J SEe. 4, T. 21 N., R. 4 E.. W.M. '1 I I I , I I TAX LOT NUMBER 56_5' ! 0421649041 -.- .. , . PROPOSEO I 1 ROW j I I PROPERTY LINE TAX LOT NUMBER 0421049036 1 ............ Ol , , 0> i l 0::: I tn 20' I '--- , Vi ! N_T.s. i '. )..: b..~ I , I $ , .'~ l QJ r :c "'" :,;:) TAX LOT NUMBER 0 ,s~~ . I<J c::: ~ .'-., ' ~ :z 0421049240 Ii '. .~ . ::J -'- >-- 0 ( I- -q:: j , ~I e:i Q Q 0 I Q;: 25' stOPE EASEMENT Q :z AREA = 3.751 s.F.:i: :J 81.5' 2j t: ~ PROPERTY LINE . . l i I I ! ~I 1 ~ EXISTING . ; t'I "l ROW ejl !'l C' r :Zl TAX LOT NUMBER EXISTING 0421049140 ROW I i , 56.5' : ....... -.' . .~.,'~..._", .~ '~L ) EXHIBIT MAP PARCEL 0421049240 SLOPE EASEMENT l Mon;:h 11. 2005 ACAD No. 0421049240 e:I' , E A H @ T E C H i R T 10800 HE 8th st. 720 s.. JJJ Sl Ste.200 7th Floor federol Woy. WA 98003 8ellewe, WA 98004 253 838-6202 425 455-9,(9,( , '-111, PARCEL NO. 0421049140 RIGHT OF WA Y THE EAST 6.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL "'A.... CONTAINING 975 SQUARE FEET. MORE OR LESS. PARCEL HA- THE SOUTH 150 FEET OF THA T PORTION OF GOVERNMENT LOT 4, SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST. w'M., IN KING COUNTY, WASHINGTON, LYING WESTERL Y OF STATE ROAD NO.1; EXCEPT THE WEST 20 FEET THEREOF. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA YPLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBUC WORKS 0421049140.doc - 1 - fAR T H ~ T E C H A fI/CO INTaiNAT/OIOW. LlU COMPANY 44 SEe 4, T. 21 N., R 4 E., W.M. I TAX LOT NUMBER 56.5' 042104924D I .-.... 20' m T PROPERTY LINE OJ 0::: (I) ""--- N. [Sol vi tu . PROPOSED lQ )..: 'It- ROW $: 01 p J:: Q Q I u z G: ~ TAX LOT NUMBER D :J 0421049140 "'C >- Q ..., ..... ~I f5 ~ ~ ~ a: PROPOSED ROW TAKE I 0 I<J AREA = 975 s.F.:r (I). 50' PROPERTY LINE ..., EXISTING . ROW C/L . c... I-- EXlsnNG I !"l 0 TAX LOT NUMBER ROW :;;>; 0421049069 I 56.5' EXHIBIT MAP PARCEL 0421049140 ROW TAKE OCT. 2004 ACAD No. 0421049140 E A R T H @ T E C H 10600 NL 8th st. 720 S. 333 St. Ste..200 7th floor Federol W<I'f. WA 96003 8eIl......<l. WA 98004 253 8J8 -6202 425 ,(55-9.(94 4i PARCEL NO. 0421049140 SLOPE EASEMENT THE WEST 25 FEET OF THE EAST 31-5 FEET OF THE HEREINAFTER DESCRIBED PARCEL "A". CONTAINING 3.751 SQUARE FEET, MORE OR LESS. PARCEL "A" THE SOUTH 150 FEET OF THAT PORnON OF GOVERNMENT LOT 4, SECnON 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY. WASHINGTON, LYING WESTERL Y OF STA TE ROAD NO.1; . EXCEPT mE WEST 20 FEET THEREOF. SURVEYORS NOTE: THE CENTERUNE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 0421049140 esmt.doc - 1 - EAR T H ~ T E C H A tqcu ffll'IlNAflOHAl. tlD, COMPANY L,j~ SEe. 4, T. 21 N., R. 4 E., W.M. I TAX LOT NUMBER 1 56.5' 0421049240 I I PROPOSED ROW ---- 20' 0) , PROPERTY LINE (J) 0::: (J) '---' N. T.S. , vi "" . IX) )..: "l- S: 01 p ::r: Q Q <.J z I G: l...J TAX LOT NUMBER 10 G <: 0421049140 Q "<{ ::J d Q ).. ~ t.J. .... :<: ei :::it ~ & ~ ~ 25' SLOPE EASEMENT I ~ AREA = 3,751 S.F.x 81.5' 1Il- 50' PROPER TY LINE l...J EXlsnNG --- . ROW e/L .... ('f I ~ J-- EXISTING 0 TAX LOT NUMBER ROW :z 0421049069 I 56.5' EXHIBIT MAP PARCEL 0421049140 SLOPE EASEMENT March II, 2005 ACAO No. 0421049140 esmt E A R T H ~ T E C H 10600 NL 8th Sf.- 72D S. 333 Sf.- Ste_200 7th Floor f<><lerol Way. WA 96003 Ben""""" WA 980().( 253 838-6202 425 455-9494 LiS PARCEL NO. 0421049069 RIGHT OF WA Y THE EAST 6,50 FEET OF THE HEREINAFTER DESCRIBED PARCEL MA M. CONTAINING 715 SQUARE FEET, MORE OR LESS. PARCEL PA" THA T PORnON OF THE NORTH 1 to FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF STATE HIGHWA Y NO. t. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 991 IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 042 t 049069. doc ~ 1 - EAR T H ~ T E c H A tqc:o IN1ERNATIONAL l1D. COMI'ANY t..J~ T' SEe. 4, T. 21 N.. R. 4 E.. W.M. ; 20' I I 56.5' i ~I , ___..1 I , TAX LOT NUMBER ; 2:: O. I<J 0421049140 t;: ~ .-.... tll ::J I (J) I l: (J) I , e1 0::: I & (f) I '--' I I & I , vi I td, '.t"t N.TS >-.: 'I PROPERTY UNE ~ {) ~ ~') I :J: f:) , ,T::~~ <..> PROPOSED G::: I<J ROW D , I ~ "'( i Q i ~ , I !'l TAX LOT NUMBER <5 i 0421049069 1 <:': " PROPOSED ROW TAKE 1 ,\ j AREA = 715 S.F.:t I SO' PROPER TY LINE EX/STING -- ROW C;1 ~ rEX/STING ROW -J TAX LOT NUMBER l (: 0421049241 ~ ei I & a: 56.5" ~..,. . "~-,- EXHIBIT MAP PARCEL 0421049069 ROW TAKE ocr:. 2004 ACAD No. 0421049 '.m. E A R T H @ T E C H 10800 N.E. 8th Sf.- no 5. 333 Sf.- Ste.200 7th floof federal Way. WA 98003 ~. WA 9800,( 253 8.38-6202 .(25 .(S5~9'(9'( _.'." " Lf.S-' EXHIBIT - PARCEL NO. 0421049069 PERMANENT UTILITIES EASEMENT mE NORTH 10 FEET OF THE WEST 10 FEET OF THE EAST 16_5 FEET OF THE HEREINAFTER DESCRIBED PARCEL "A". CONTAINING 100 SQUARE FEET, MORE OR LESS. PARCEL uA" THA T PORTION OF THE NORTH 110 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORm, RANGE 4 EAST, WM., IN KING COUNTY. WASHINGTON, LYING WEST OF STA TE HIGHWA Y NO. 1. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR. 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3,ON FILE WITH THE CITY OF FEDERAL WAY PUBLIC WORKS. 0421049069 pue esmt.doc - 1 ~ EARTH@T E C H A tqco INiewATlONAL LID. COMl'M/Y LiS- SEC. 4, r: 21 N., R. 4 E., ' W.M. 20' ~I J 56_5' I I :z TAX LOT NUMBER 0 lu 0421049140 f:::: :z ...--..,. tij :::J I 0) )... 0) I- ei G:: . & tr) '-----' I 0:: I n.. vi 4J . <x:l :>-: ~ N.T.S PROPERTY LINE $: 01 p :r:: C> C> 0 :<:: PERMANENT UTILITIES EASEMENT G:: I<J AREA = 100 s_F.:t I G . <<:( :; Q C\J !'l TAX LO T NUMBER 0 0421049069 I :z I PROPOSED ROW I 50' t PROPERTY LINE EXISTING - ROW e/L I ~ I EXISTING I ROW :) TAX LOT NUMBER 't:: 0421049241 I ~ I 0:: 56.5' n. - I I EXHIBI T - PARCEL 0421049069 PERMANENT UTILITIES EASEMENT JUL y 2B. 2005 ACAD No. 0421049069 pue esmf E A R T H €) T E C H ..- 10600 H.E. 8th St. 720 S. .333 St. St...200 7th floo~ fede<"a' Way. WA 98003 8elleYue. WA 9800,( 253 838-6202 ,(25 455-9494 '-I Co PARCEL NO. 0421049241 RIGHT OF WA Y THE EAST 6. 50 FEET OF THE HEREINAFTER DESCRIBED PARCEL ...A.... CONTAINING 650 SQUARE FEET, MORE OR LESS, PARCEL -A'" THE SOUTH (00 FEET OF THE NORTH 210 FEET OF THA T PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECnON 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, w.M., IN KING COUNTY, WASHIN9TON, LYING WEST OF PRIMARY STA TE HIGHWA Y NUMBER 1,. AS CONVEYED BY DEED RECORDED UNDER RECORDING NUMBER 2099408. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99J IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBliC WORKS. 042104924t.doc - 1 - EAR T H ~ T E C H A tqca 1N1ffINA1IONAL lTn CDMPANY 4(P SEe 4, T. 21 N., R. " E., W.M. 1 56.5' ~,-'.. , TAX LOT NUMBER I I 0421049069 i ------ I I Ol (}) ! , ~ I ! '---' I PROPERTY UNE Ui I ..f..~ :,~ ".f.; )..: ., N.T.S. ~ ~. '. :r: ("'f PROPOSED c::! ROW () G::: TAX LOT NUMBER () , 0421049241 <( i Q ~ PROPOSED ROW TAKE AREA = 650 5.F.:i PROPERTY UNE SO' ,.... . ! .... , :z I ::J :... EXISTING l- e:; Rowell & 0:: Q I- EXISTING TAX LOT NUMBER ROW 0421049007 1 '1 56.5' ."'.,~' ., EXHIBIT MAP PARCEL 0421049241 ROW TAKE OCT. 2004 ACAD No. 042104~~ -- @ i E A R T H T E C H ~'~',.".,. 10800 N,[. 8th St, 720 S. .ll3 Sl Ste.200 7th flocoI" f~ol Way, WA 98003 Bell......... WI< 98004 25J 838~6202 "- ,(25 .(55-9.(9.( '47 PARCEL NO, 0421049007 RIGHT OF WA Y THE EAST 6.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL -A-. CONTAINING 774 SQUARE FEET, MORE OR LESS. PARCEL NAN THA T POnnON OF THE NORTH 10 ACRES OF THR SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTiON 4, TOWNSHIP 21 NORTH, RANGE 4 EAST. WM, IN KING COUNTY, WASHINGTON, L Y1NGWEST OF PRIMARY STATE HIGHWA Y NO.1, AS CONVEYED BY DEED RECOfWU; UNDER RECORDING NUMBER 2099408; EXCEPT THE NORTH 210 FEET THEREOF. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 991 IS BASED ON THE RIGHT OF WA Y PLAN:; SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 0421049007.doc ~ 1 - EARrReT E e ft A b[CD 1NlfJ!NA~ UD_ illMMNY l-f7 SEe. 4, T. 21 N., R. 4 E., W.M. f 56.5' TAX LOT NUMBER I I 0421049241 ------ , Ol , Ol 0:::: PROPERTY UNE (f) '---' H.TS vi ...... , ~ )..: 't ~ '.) I * PROPOSED :r: ~~~ ROW (:) -.l U .~ I l: TAX LOT NUMBER .c: f5 <J , 0421049007 i & -<:( I Q \ ~ I , I PROPOSED ROW TAKE AREA = 774 S.F.~ PROPERTY UNE 50' I JO' I EXlSTlNG.~1 ROW CA I I (fj I TAX LOT NUMBER I EXISTING 3040200005 ROW ~ -<:( I I ) iE 56.5' I (() ...... ",,-, EXHIBIT MAP PARCEL 0421049007 ROW TAKE OCT. 2004 ACAD No. 042104U'..;,' E A R T H €) T E C H 10800 H.L 8th SL 720 S. 333 St. Ste.200 7th~ Federa/Way, WA 96003 BellevUe. WI>. 9800,( 253 838-6202 .(25 .(55-9,(94 ~--" - L..tZ PARCEL NO, 3040200005 RIGHT OF WA Y THE EAST 6.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL ...A.... CONTAINING 1,021 SQUARE FEET, MORE OR LESS. PARCEL "'A'" . LOTS t AND 2, BLOCK 1, HALL'SACRE TRACTS, ACCORDING TO THE PLA T THEREOF RECORDED IN VOLUME 20 OF PLA TS, PAGE25, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO THE STA TE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 2225428. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99J IS BASED ON THE RIGHT OF WAY PlANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 3040200005.doc - 1 - E AR T H @ T E C H A tqca 1NmINAt/c'JrQ.L LlU CIlMII<\NY l..{~ SEC. 4, r. 21 N., R. 4 E., W.M. TAX LOT NUMBER I 56.5' 0421049007 I 1 PROPERTY LINE .-..... (}) T (}) ei I '---' N.r.S. (Jj l4.l PROPOSED IX) ROW >-= .'t- I I ~ 01 p :r: 0 o. TAX LOT NUMBER <...> z ~ 3040200005 G: r-..: 0 Il} .-. "'C Q (Jj I PROPOSED ROW TAKE , ~ AREA "" 1,021 S.F.f: I , "'<( 50' iE PROPERTY UNE ",ciS (Q ",d']..'3 ..... I ~~S ~G' 1 EXISTING .- ~t' '}.O. ROW c;t if! \~. I e.~ I r- EXISTING , ROW I TAX LOT NUMBER j 3040200025 I 56.5' ----1 , ...~.".,' ..... EXHIBIT MAP PARCEL 3040200005 ROW TAKE OCT. 2004 ACAD No. 304020(;;,';:;' E A R T H @T E C H 10800 N.E. .8th Sl ....:: 720 S. 333 Sf.- Ste.200 7th Floor federal Way. WA 98003 Bellevue, WA 980(}4 253 8.38"-"6202 .(25 455-9-494 .J -,-,~., ~IS EXHIBIT - PARCEL NO, 3040200005 SLOPE EASEMENT THE WEST 35 FEET OF THE EAST 41.5 FEET OF THE HEREINAFTER DESCRIBED PARCEL "A~. EXCEPT THE SOUTH 22 FEET THEREOF. CONTAINING 4.729 SQUARE FEET, MORE OR LESS. PARCEL "A" LOTS 1 AND 2, BLOCK 1, HALL'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 20 OF PLA TS, PAGE 25, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO THE STA TE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 2225428- SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS, 3040200005 slope esmt rev.doc - 1 - EAR T H ~ T E C H A tqca INfH1Nl\IlONA( tID. COMPANY Ltz SEC. 4. T. 21 N., R. 4 E., W.M. TAX LOT NUMBER 56.5' 0421049007 ~ ! 0) rn~TY~ 0) T ~ N. T.s. I >-= U.j s ~;r I I ~~ TAX LOT NUMBER ~ ".: 3040200005 D ' "<( ~ Q . , 35' SLOPE EASEMENT (f) AREA = 4.729 SF 1: 91.5' 1 ~ .~. "<(./ ~ i!: PROPERTY LINE t>-CiS ~ I -" <.0 ~ , ,..C~~":J \...~S \,G. I fXlsnNG \ y,fl' ~O, Rowell \F'" ~o\... I 01; I r- ~;nNG , ~XLOTNUMBER 3040200025 I 56.5' EXHIBIT ~ PARCEL 3040200005 SLOPE EASEMENT Rev. Aug. 16, 2005 ACAD No. 3040200005 slope esm, E ~ "~ "" "T H 0 T : ~ = : "."'" H ~n 7th noor . federal Way. WA 98003 Bellevue. WA 98004 253 838-6202 425 455-9494 ~'I EXHIBIT - PARCEL NO. 3040200005 RIGHT OF WA Y AND UTILITIES EASEMENT THE SOUTH 22 FEET OF THE WEST 35 FEET OF THE EAST 41.5 FEET OF THE HEREINAFTER DESCRIBED PARCEL "K. CONTAINING 770 SQUARE FEET, MORE OR LESS. PARCEL "A II LOTS 1 AND 2, BLOCK 1, HALL'S ACRE TRACTS, ACCORDING TO THE PLA T THEREOF RECORDEr N VOLUME 20 OF PLATS, PAGE 25, IN KING COUNTY. WASHINGTON; EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO THE STA TE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 2225428. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLAN; FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS 3040200005 row esmt.doc -1- EAR T H ~ T E C H A. 'bp;a 1Nlf1lNATIONAL uo. COMPANY /0 SEC. 4, r. 2/ N.. R. 4 E., W.M. TAX LOT NUMBER 56.5' 0421049007 PROPOSED ..--.,. I ROW Q) PROPER TY LINE Q) Q:: (f) I '---' I Vi j N. T.S. I )..: ~Jl 3:: Q) ,t I I J:: <.:)1 I p; 0 0' c:: c., TAX LOT NUMBER G >~. 3040200005 I -<:( 30' Q : I 22' X 35' ROW AND UTIUTIES I ; Vi EASEMENT = 770 S.F.x , I ~ -<::( I I 50' 2: ..-1 PROPERTY LINE <0 ..- I CiS I EX/STING - . 'i "\?-'" ROW e/L 'l-( I , I ",C ~fj I ~S ~G. r EXISTING ; ~I" ~O. I oGV- \ :.p..-' ROW I e\) TAX LOT NUMBER ~ 3040200025 I I I 56.5' i i I ,~ W" i EXHIBI T - i PARCEL 3040200005 ROW AND U TILl TIES EASEMEN T i Aug. 16. 2005 ACAD No. 3040200005 row (~:;(::"'.d ~ €> , E A R T H T E C H I , 10800 NL 8th St. 720 s. 333 Sf.- Ste.200 ! 7th floor Federal Way. WA 98003 .J Bellevue. WA 98004 253 838-6202 .(25 455-949.( Jiq PARCEL NO. 3040200025 RIGHTOF WA Y THA T PORTION OF THE HEREINAFTER DESCRIBED PARCEL -A - LYING EASTERL Y OF THE FOLLOWING DESCRIBED LINE: BEGINNING A T THE INTERSECTION OF THE SOUTH LINE OF SAID PARCEL "'A" WITH A LINE THA T IS 18.50 FEET WEST OF AND PARALLEL WITH THE WEST MARGIN OF PACIRC HIGHWA Y SOUTH (SR 99); THENCE NORTH (]()Ooo' 48'" EAST ALONG SAID PARALLEL LINE, 55.62 FEET; THENCE NORTH 13019' 30" EAST, 52.12 FEETrO THE INTERSECTION WITH A LINE THAT IS 6.50 FEET WEST OF AND PARALLEL WITH THE WEST MARGIN OF PACIRC HIGHWA Y SOUTH (SR 99); THENCE NORTH 00000' 48" EAST ALONG SAID PARAllEL LINE, 533.72 FEET TO THE NORTH LINE OF SAID PARCEL -A-AND THE END OF THIS LINE DESCRIPTION. CONTAINING 5,137 SQUARE FEET, MORE OR LESS. PARCEL "'A- LOTS 3 THROUGH 10, INCLUSIVE, BLOCK " HAll'S ACRE TRACTS, ACCORDING TO THE PLA T THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 25, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO THE STA TE OF WASHINGTON FOR ROAD PURPOSES BY DEEDS RECORDED UNDER RECORDING NUMBERS 2095839 AND 2094979. SURVEYORS NOTE: THE CENTERLINE OF PACIRC HIGHWA Y SOUTH {SR 99} IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 3040200025.doc - 1 - EARTH@T E C " A t.qcD INlHINA1IONAl LID. 0lUPANY 1-.19 SEC. 4, T. 21 N., R. 4 E., W.M. TAX LOT NUMBER J0402ooo05 56.5' I PROPER TY UNE I I I ,...G~ I ~~ ,...rY 'L~ "'-~S {>G. ...-..... ~I" 1.9- m T I I cP- '~. PROPOSED (}) I ~v ROW ~ H '-..-- N.T.S. U) ~ lQ >-= ... $: '0 p 1 ~I ::r:: 81 0 :z ~ TAX LOT NUMBER G: ~I 3040200025. <3 "'C ~ Q I ~, 1 ." I 50' I PROPOSED ROW TAKE , AREA = 5,137 Sf.I EXlSnNG I I ROW Cj1. I I I EXISTING ROW , I PROPER TY LINE I 68.5' ~XLOTNUMBER30402~~ EXHIBIT MAP PARCEL 3040200025 ROW TAKE OCT. 2004 ACAD NQ. 3040200025 E A R T H €) T E C H 10800 N.E. 8th st. 720 S. 33J st. Sle.200 7th f\oor fCld<<al Woy. WA 98003 Bell"""". WA 9800.( 253 838-6202 .(25 455-9.(94 49 PARCEL NO. 3040200025 DRAINAGE EASEMENT 1HA T PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A: DESCRIBED AS FOLLOWS: BEGINNING A T THE INTERSECTION OF .THE SOUTH UNE OF SAID PARCEL "A" WITH A LINE THA T IS 18.50 FEET WEST OF AND PARAUEL WITH THE WEST MARGIN OF PACIFIC HIGHWA Y SOUTH (SR 99); THENCE NORTH 00.00' 48" EAST ALONG SAID PARAllEL UNE, 55.62 FEET; THENCE NORTH 13'19' 30" EAST, 5212 FEET TO THE INTERSECnON WITH A LINE THAT IS 6.50 FEET WEST OF AND PARALLEL WITH THE WEST MARGIN OF PACIFIC HIGHWA Y SOUTH (SR 99); THENCE NORTH 00.00' 48" EAST ALONG SAID PARALLEL LINE, 62.16 FEET TO THE TRUE POINT OF BEGINNING; 1HENCE SOUTH 90.00' 00" WEST, 49.00 FEET; THENCE NORTH 00"00' 00" EAST, 5.00 FEET; THENCE NORTH 90.00'00" EAST, 49.00 FEET TO THE INTERSECTION WITH A LINE THA T IS 6_50 FEET WEST OF AND PARALLEL WITH THE WEST MARGIN OF PACIFIC HIGHWA Y SOUTH (SR 99); THENCE SOUTH 00'00' 48" WEST ALONG SAID PARALLEL LINE, 5.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING. 245 SQUARE FEET, MORE OR LESS. PARCEL uA" LOTS 3 THROUGH 10, INCLUSIVE, BLOCK 1, HALL'S ACRE TRACTS, ACCORDING TO THE PLA T 1HEREOF RECORDED IN VOLUME 20 OF PLA TS, PAGE 25, IN KING COUNTY. WASHINGTON; EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO THE STA TE OF WASHINGTON FOR ROAD PURPOSES BYDEEDS RECORDED UNDERRECORDlNG NUMBERS 2095839 AND 2094979. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWAY SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 3040200025 esmt.doc :..1 - EAR T H ~ T E C H A tqcu1NJf//NA11OIW. lID. COMPANY li'1 SEe. 4, T. 21 N... R. 4 E., W.M. TAX LOT NUMBER 3040200005 ------ PROPERTY UNE 0) I 0) I , I Q:: i?-'" c.-f-> (f) I<J '---' I ~rft-'1-'J I vi IX) _'t- \..~S \,G. 0 >-= p ~~ '1-0. 0 I r:Fi' \ '...iY PROPOSED I :s: 0 , I Zl e\,: ROW ::r: H I u G:: N. r.5. G I '<:( Q Iv} I I I ~ I 56.5' TAX LOT NUMOCR ~I .3040200025 I i!: I ~, I I , DRAINAGE EASEMENT 0 AREA = 245 S.F.I I 49.00' 49.00' I I <0 I Rowell 0:..; I <0 I I ~ I- EX/SUNG N C(j ROW I ~ I I <0 I PROPERTY UNE vi I(} 68.5' TAX LOT NUMBER 3040200055 "'~. EXHIBI T MAP PARCEL 3040200025 DRAINAGE EASEMENT March 11, 2005 ACAD No. 30402ooo25esmt ..~ E A R T H €) T E C H 10800 N.E. 8th Sf.- no S_ 333 SL Ste.200 7th floor federal Woy, WA. 98003 i Bet........., W1\ 98()().( 253 638-6202 ,(25 455~949'( J ..J W EXHIBIT - PARCEL NO. 3040200055 RIGHT OF WAY LOT 11, BLOCK 1. HALLS ACRE TRACTS. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 20 OF PLA TS, PAGE 25, IN KING COUNTY. WASHINGTON; EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO THE STA TE OF WASHINGTON FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 2095839. CONTAINING 17,438 SQUARE FEET, MORE OR LESS. SURVEYORS NOTE: THE CENTERUNE OF PACIFIC HIGHWA Y sourn (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3. ON FILE WITH THE CITY OF FEDERAL WA Y PUBUC WORKS. 3040200055.doc - 1 - EAR T H ~ T E C " A tqco INTffINAOOIoIAL LTO. COW'ANY ~:..:J '-' SEC. 4, T. 21 N., R. 4 L W.M. TAX LOT NUMBER 3040200025 I PROPOSED I ROW 68-5' I N.T-S. ---.... Q) Ol I ~ .1 '---' vi .... . II;) )..: ~ ;$ 0 P 30' ::r:: 0 0 PROPOSED ROW TAKE <-) ~ G: "\? AREA = 17,438 S.F.:r I G vi I ~p.C "'C I ,..d-\~ Q I ~ V:S \,G. "'C I "t' 'J.O. ~ cP- ':.p-' TAX LOT NUMBER 50' ~. 3040200060 (Q 1 ..- I EXISTING PROPERTY UNE ROW Cjt LEX/STING I I ROW TAX LOT NUMBER I 0421049200 EXHIBI T - PARCEL 3040200055 ROW TAKE Rev. Aug. '6, 2005 ACAD No. 3040200055 rev. E A R T H @ T E C H 10800 H.E 6th Sf.- 720 S. JJJ Sf.- Ste.200 7th floor fedual Way, WA 98003 Bel~ WA 98004 253 838-6202 .(t5 .(55-9494 ~ EXHIBIT - PARCEL NO. 3040200060 RIGHT OF WA Y LOT 12, BLOCK 1, HALL'S ACRE TRACTS, ACCORDING TO THE PLA T mEREOF RECORDED IN VOLUME 20 OF PLA rs, PAGE 25, IN KING COUNTY. WASHINGTON; EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO THE STA TE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 2095839; EXCEPT mAT PORnON CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 2507261; TOGETHER WITH THA T PORTION OF VACA TED SUMMIT A VENUE AKA SOUTH 296TH STREET ADJOINING OR ABUTTING THEREON, WHICH A TTACHED TO SAID PREMISES BY ORDINANCE 5381 RECORQED UNDER RECORDING NUMBERS 8105120536 AND 20020516001338; AND TOGEmER WITH mAT PORTION OF VACA TED AUBURN REDONDO ROAD EXTENSION NO.1, WHICH A TTACHED BY OPERATION OF LAW. BYORDER OF VACATION V-1302. CONTAINING 24,260 SQUARE FEET, MORE OR LESS. SURVEYORS NOTE: THE CENTERUNE OFPACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH mE CITY OF FEDERAL WA Y PUBLIC WORKS. 3040200060.doc - 1 - EARTH@T E C H A tqca INTf'RNATIONAl UD. COMPANY -> . SEe 4, r: 21 N., R. 4 L WM. I TAX LOT NUMBER I 3040200025 I I I PROPOSED I ROW PROPER TY LINE 68.5' , I . C-c..S ~.... ------ .,..d-\? I ()) N. T.S. I ~.,..\..\2; ?G- TAX LOT NUMBER ()) Q:: I "(jv ~ . 3040200055 en I e\..od .,j I '---' Vi ~ lQ ~ ."t $: 0 P 30' J: 0 0 () z li::: D IVi '<:( I Q ~ '<:( ~ so' <0 - EXISnNG RowelL I EXISTING I ROW PROPOSED ROW TAKE I AREA = 24,260 S.F.x TAX LO T NUMBER 0421049200 EXHIBI T - PARCEL 3040200060 ROW TAKE Rev. Aug. 16, 2005 ACAQ No. 3040200060 rev. E A R T H @ T E C H 10800 tl-E. 8th St_ 720 S_ 333 st. Ste.200 7th noor Federal Way. WI'. 98003 BelleY"", WI'. 98004 253 838-6202 425 455-9494 52- PARCEL NO. 0521049157 RIGHT OF WA Y THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "'A"';. DESCRIBED AS FOLLOWS: BEGINNING A T THE INTERSECTION OF THE WEST MARGIN OF 1 I? A VENUE SOUTH AND THE NORTHEAST MARGIN OF SOUTH DASH POINT ROAD (SR 509/, ALSO BEING THE SOUTHEAST CORNER OF SAID PARCEL "'A "; THENCE NOR THIl'ES T ALONG SAID NORTHEAST MARGIN ON A CURVE TO THE LEFT WHOSE CENTER BEARS SOUTH 52" 30' 57'" WEST, 316.48 FEET, AN ARC DISTANCE OF 36.55 FEET; THENCE NQRm6503I'03"EAST, 27.01 FEET TO THE lI'ItESTMARGINOF 1~ AVENUE SOUTH; THENCE soum 01003' 34" WEST ALONG SAID WEST MARGIN, 38.85 FEET TO THE POINT OF BEGINNING. CONTAINING 461 SQUARE FEET, MOf,lE OR LESS. PARCEL -A- THE EAST 117.34 FEET OF THAT PORnON OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY. WASHINGTON,LYlNGNORTHERLYOF THE SECONDARYSTATE HIGHWAY NO. I-V(MALTBYROAD/; EXCEPT THE EAST 30FEET FOR I I? A VENUE SOUTH. SlIRVFYORS NOTE: THE CENTERUNES OF II? A VENUE SOUTH AND SOUTH DASH POINT ROAD (SR 509J ARE BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE' 3, ON FILE WITH THE CITY OF FEDERAL WAY PUBLIC ~RKS. 0521049157.doc - f - -...--.- ,.- EA .Ii fa@ T 10 .C - H A tqca ~LID, CUMil4NY . ;;2-. ",."".""..".".,. SEC. S. T. 21 N., R. 4 E., W.M. 1 I PROPERTY UNE I i i II l I I i , , ., I I' , I , TAX Lor NUUBER T I 0521049158 ~ I :::. , 1 >- H.TS .j i I- TAX LOT NUMBER .15 0521049157 I ~ ~-- Cl:: Q. ----- ------- I EXlSnNG ~ ! ROW ~ r- fX/SllNt; , ROW -......... ~9 ~ PROPOSED ROW TAKE I vi AREA "'" 461 S.F.f: ~ ~ ""'- '" .<:( , ~ ~ ;:r: f,-- ~ (() --- ! .", "" "'. \ TAX LOT NUU8ER 0521049021 "'" I EXISTING ROW cJl EXHIBIT MAP PARCEL 0521049157 ROW TAKE JAN. 2005 ACAD No. 052/l}1 'j' .......... ~ E A R T H@) T E C H -. ---...-"- -..--.----. .10800. N.E.. 8tt1- st. . 720.. S;33JnS{.-~;2O(Y 7lh~ Fedff<ll Way. WA 98003 ~ WA 98CJO.4 25J 8J6-62<l2 ,(25 455-949,( C"'~". >2- EXHIBIT - PARCEL NO, 0521049157 SUBTERRANEAN WALL ANCHOR EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL MA", DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST MARGIN OF 16TH A VENUE SOUTH AND THE NORTHEAST MARGIN OF SOUTH DASH POINT ROAD (SR 509), ALSO BEING THE SOUTHEAST CORNER OF SAID PARCEL MA "; THENCE NOR1HWEST ALONG SAID NORTHEAST MARGIN ON A CURVE TO THE LEFT WHOSE CENTER BEARS SOUTH 52" 30' 5r WEST, 316.48 FEET, AN ARC DISTANCE OF 36.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHWEST ALONG SAID NORTHEAST MARGIN ON A CURVE TO THE LEFT WHOSE CENTER BEARS SOUTH 45" 53' 58" WEST, 316.48 FEET. AN ARC DISTANCE OF 8.54 FEET; mENCE NORm 65-31' 03- EAST. 20.51 FEET TO A LINE THAT IS 12.00 FEET WEST OF AND PARALLEL WITH THE WEST MARGIN OF 16TH AVENUE SOUTH; THENCE NORTH 01- 03' 348 EAST ALONG SAID PARALLEL LINE, 30.06 FEET TO THE INTERSEcnON OF A LINE THAT IS 119.00 FEET SOUTH OF AND PARALLa WITH THE NORTH LINE OF SAlDPARCEL "A"; THENCE SOUTH 89- 04' 06- EAST ALONG SAID PARALLEL LINE, 12.00 FEET TO THE WEST MARGIN OF 16TH AVENUE SOUTH; THENCE SOUTH 01- 03' 34- WEST ALONG SAID WEST MARGIN, 33.22 FEET; THENCE SOUTH 65- 31' 03" WEST. 27.01 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 570 SQUARE FEET, MORE OR LESS. _PARCEL ~~" mE EAST 117.34 FEET OF THA T PORTION OF THE NORTHEAST QUARTER OF THE SOU1HEAST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM., IN KING COUNTY. WASHINGTON, LYING NORTHERL Y OF THE SECONDARY STA TE HIGHWA Y NO. 1-V (MALTBY ROAD); EXCEPT THE EAST 30 FEET FOR 16TH A VENUE SOUTH. SURVEYORS NOTE: THE CENTERUNESOF 16TH A VENUE SOUTH AND SOUTH DASH POINT ROAD (SR 509) ARE BASED ON THE RIGHT OF WA Y PlANS FOR SR 99 HOV lANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WAY PUBLIC WORKS. 0521049157 esmt rev.doc - 1 - EAR T H ~ T E C H A tqco JNm/NAf/()tl/At lID. COMPANY ::>C- SEC. 5. T. 21 N_, R. 4 E.. W.M_ PROPERTY UNE I 30' I I TAX LOT NUMBER 0521049'58 ~. , I -J >- '0 .... 0 ~ oi N.T.S. ~ Cl:: r- EX1SnNG Q ROW I TAX LOT NUMBER ---- 0521049157 ------ I ! (,) EXfsnNG J ~ I . , ROW ~ SUBTERRANEAN WALL I~ EASEMENT = 570 S.F.:l: ~ ........... ~9 'I.) 42' :""- ~ ! ------ ,,-. ~ ~ R=316.48' PROPOSED L=8.54' I; ROW ~. T.P.O.R R=316A8' " L=J6.55' ~ PROPOSED I TAX LOT NUMBER ~ ~ ROW TAKE 052'04902' ~ P.O.B. EXISnNG - ROW C;1. ",',",.""' EXHIBI T ~ PARCEL 0521049157 SUBTERRANEAN WALL ANCHOR EASEMEN i Rev. Aug. 16, 2005 ACAD No. 0521049'57 esmf ,,,.,,\,_,.~ E A R T H ~ T E C H I I 10800 N.[. 8th Sf.- no S. J.33 Sl. ste.200 7th Floor hderol Way. WA 98003 8eHevue. WA 98(l(}4 253 638-6202 \ .(25 45S~9'(94 ~:.) EXHIBIT - PARCEL NO. 0421049200 RIGHT OF WA Y THE NORTH 110 FlEET OF THA T PORTION OF THE SOUTHWEST QUARTER OF SECnON 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM., IN KING COUNTY. WASHINGTON. LYING WESTERLY OF STA TE HIGHWA Y NO. 1 "PACIFIC HIGHWA Y"; EXCEPT THA T PORTION AS SET FORTH IN THE KING COUNTY COMMISSIONER RECORDS VOLUME 29-117; EXCEPT THAT PORTION CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 6207860; TOGETHER WITH THA T PORTION OF VACA TED AUBURN-REDONDO EXTENSION NO.1, BY OPERA nON OF LAW BY ORDER OF VACA nON V-1302. CONTAINING 24,524 SQUARE FEET. MORE OR LESS. SURVEYORS NOTE: mE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99) IS BASED ON mE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS. 04210492OQ.doc - 1 - EAR T H ~ T E C H A tqco INTfRNAflJNAI. UD. COMPANY ,- SEC. 4. T. 21 N., R. 4 E.. W.M. ~ I ~",c. ",rJ-\? I ':, (; I '(\"'\..~O. \' . TAX LO T NUMBER d ':p..- :5040200060 I 0\.0 PROPOSE~ ROW TAKE AREA = 24,524 S.F.r T ------ 0) N.T-S. 0) 0::: (r) I '---' I uj I...J . IX) 30' )..: -'* 5: 0 p :r:: 0 0 U :z vi G:: ~ (3 I -<:( I <<:( Q I ~ I <0 1 - 50' r 1 EX/STING TAX LO r NUMBER L ROW cll- 0421049031 I I \ [XISTING ROW J 68.5' . EXHIBI T - PARCEL 0421049200 ROW TAKE Rev. Aug. 16, 2005 ACAD No. 0421049200 rev. E A R T H €) T E C H 1.0800 H.E. 8th Sl.- no S. 333 St. Ste..200 7th Floor federal Way, WA 98003 Bellevoe. WA 9800,( 25:} 838-6202 425 455-9.(94 5C-/ PARCEL NO. 0421049031 RIGHT OF WA Y THA T PORTION OF THE HEREINAFTER DESCRIBED PARCEL 6 AWL YING EASTERL Y, SOUTHEASTERL Y AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID PARCEL 6A 6 WITH A LINE THAT IS 18.50 FEET ~ST OF AND PARALLEL WITH THE ~ST MARGIN OF PACIFIC HIGHWA Y SOUTH (5R 99J; THENCE SOUTH ()(JO()(} , 48" l.1fST ALONG SAID PARALLEL LINE, 191.32 FEET; THENCE SOUTH 43"04' 14- li\ofST, 30.04 FEET; THENCE WESTERL Y ALONG A CURVE TO THE RIGHT WHOSE NON-TANGENT CENTER BEARS NORTH 03" 52' 206 KE"ST, 193.99 FEET. AN ARC DISTANCE OF 21.35 FEET TO THE NORTHEASTERL Y MARGIN OF DES MOINES-P/ERCE COUNTY ROAD (SR 509) AND THE END OF THIS LINE DESCRIPTION. CONTAINING 4,213 SQUARE FEET. MORE OR LESS. PARCEL -A- THATPORTlONOF THE NOR TH!NES T QUAR1ER OF THE NORTH~STQUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NOR TH, RANGE 4 EAST. WM., IN KING COUNTY, WASHINGTON, DESCR/BED AS FOLLOWS: BEGINNING A T THE INTERSECTION OF THE SOUTH LINE OF THE NOR TH 110 FEET OF SAID SUBDIVISION WITH THE EAST LINE OF THE >>EST 30 FEET THEREOF; THENCE SOUTHERL Y ALONG SAID EAST LINE 105 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF THE SOUTHERL Y PORTION OF mACT OF LAND CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NUMBER 6207860; THENCEALONG SAID NORTHERLYLlNE SOUTH 36056'16" EAST 65 FEET; THENCE SOUTH 63 036 '30"EAST TO THE CENTERLINE OFAUBURN-IlEOONOOEXT. NO.1 ROAOAS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 2501551; THENCE SOUTHEASTERL Y TO THE INTERSECTION OF THE EASTERL Y LINE OF SAID AUBURN-REDONDO EXT. NO. 1 ROAD WITH THE NORTHERL Y LINE OF DES MOINES-PIERCE COUNTY ROAD; THENCE EASTERL Y ALONG SAID NORTHERL Y LINE TO THE WESTERL Y UNE OF PACIFIC HIGHWA Y SOUTH, AS ESTABLISHED BY DEED RECORDED UNDER RECORDING NUMBER 1806332; tHENCE NORTHERL Y ALONG SAID VW:;STERL Y LINE TO THE SOUTH LINE OF THE NORTH /10 FEET OF SAID SOUTHWEST QUARTER; THENCE WESTERL Y TO THE POINT OF BEGINNING; EXCEPT THA T PORTION CONVEYED TO THE CITY OF FEDERAL WA Y BY ST A TUTOR Y WARRANTY DEED RECORDED UNDER RECORDING NUMBER 9503011057; EXCEPT THA T PORTION AS SET FORTH IN THE KING COUNTY COMMISSIONER RECORDS VOLUJI.f 29-117; EXCEPT THA T PORTION CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 6207860; TOGETHER WITH THATPORTlONOF VACATED AUBURN-REDONOOEXTENSIONNO. I, BY OPERATION OF LAWBYORDER OF VACATION V-1302. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWAY SOUTH (5R 99J IS BASED ON THE RIGHT OF WAY PLANS FOR SR 99 HO V LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC lM:JRKS 0421049031.doc - 1 - EAR T " e T E C H A tqco IUlH!NATIONAL lID. COMPA.\oy S'1 SEC. 4, T. 21 N., R. 4 E., WM. I 68.5' TAX LOT NUMBER I 0421049200 I I ------ 1 <J) PROPER TY LINE 0) 30' 0:: (f) '---' v) (fj , >-= I<J ~ $ . ::r: IX) 't- 1 "'C , PROPOSED 01 ROW <.) p iE G: 0 0 (Q , TAX LOT NUMBER D 2: T-- 0421049031 -<:( \ Q N.T.S. 50' I \ 1 PROPOSED ROW TAKE ~ AREA = 4,213 S.F.i: EXlsnNG ROW tp.~0 ~ ~'t' ~ "'- O~ ~ EXISTING ~ ROW Cjt I ~ SRs. I V.g R=42.50' ............. L=62.49' ~ ---- EXHIBIT MAP PARCEL 0421049031 ROW TAKE OCT. 2004 ACAD No. 0421049031 E A R T H €) T E C H l0800N,(. 8th SI.- 720 S. 333 st. Stc.200 7th F1oo~ Federal Woy. WA 98003 eenevuc. WA 98004 253 838-6202 :f25 455-9494 -----"..-.- 5~ PARCEL NO, 0421049033 RIGHT OF WA Y THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A" LYING EASTERL Y OF THE FOLLOWING DESCRIBED LINE: BEGINNING A T THE INTERSECTION OF THE SOUTH LINE OF SAID PARCEL "),I" -WITH A LINE THA T IS 6.50 FEET WEST OF AND PARALLEL WITH THE WEST MARGIN OF PACIFIC HIGHWA Y SOUTH (SR 99J; THENCE NORm 000 00' 48" EAST ALONG SAID PARALLEL LINE, 165.82 FEET; THENCE NORm 020 16' 38" WEST, 13.71 FEET TO THE SOUTH MARGIN OF SOUTH DASH POINT ROAD (SR 50SJ AND THE END OF THIS LINE DESCRIPTION. CONTAINING 1,125 SQUARE FEET, MORE OR LESS. TOGETHER Wlffl THA T PORTION OF THE HEREINAFTER DESCRIBED PARCEl; "A" LYING NORTH OF A UN: THAT IS PARALLEL WITH AND 44.00 FEET SOUTH OF THE CENTERUNii OF SOUTH DASH POINT ROAD (SR 509). CONTAINING 159 SQUARE FEET, MORE OR LESS. PARCEL "'A'" THA T PORTION OF THE SOUTH1AEST QUARTER OF SECnON 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W:M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING A T A POINT 30 FEET EAST OF THE SOUTHWEST CORNER OF TIfE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID sECTION 4; THENCE NORTH 89045' 5J "EAST 234.86 FEET TO THE WEST MARGINAL 41NE OF PACIFIC HIGHWA Y; THENCE FOLLOWING THE SAID WESTERL Y MARGINAL UNE NORTH 01 0 41 ~ 56- WEST 235.00 FEET, MORE OR LESS, TO THE SOUTHERL Y MARGINAL LINE OF NA nONAL PARK HIGHWA Y; THENCE FOLLOWING SAID MARGINAL LINE ON A CURVE, 240.00 FEET. Md(lE OR LESS, TO A POINT 3O.00FEETEASTOF THE WESTSECllONLlNEOFSAlD SECTION 4; , THENCESOUm 000 36' 37"EAST, PARALLEL TOSAlDSECnONLlNE 250.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; EXCEPT ANY PORTION THEREOF CON\,f;YED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER KING COUNTY RECORDING NUMJER 2501551. stHlWYORS NOTE' THE CENTERLlIVES OF PACIFIC HIGHWA Y SOUTH {SR 99J AND SOUTH DASH POINT ROAD (SR 509J ARE BASED ON THE RIGHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WAY PUBLIC WORKS. 042 t 049033. doc - 1 - ,..,.,.---------- -.-.-. ---. .-.- -.--... .- E A_~__!_.~_n_@)-"'... ~_C?_ n~:____n_ ._.~ .. .-.--- .---. .-..-.- ----.---.-.. .--.-..----.. A tqca #nfWlAUONAl. LllI_ COl.ffWIY s> SEC. of, T. 21 N., R. -4 E.. W.M. SRS09 tJ R=2-49.99' 4:' N 89""58'32" E ~ ~ . I ~ I - ... ------ I -- Ol 01 .., I 0:: . (f) ... '---' !'l , R=29J.gg' f)(ISnNG to} PROPOSED ROW TAKE p L=82.63' ROW vi AREA. = 159 S.F.r '\ 0 :z I )..: S I<J N.T.S. :r: t IX) I I {J bl G: p 0 <3 0 vi -q:: z ~ , Q PROPOSED ; -q:: ROW i.E TAX LOT NUMBER t 0-4210-49033 SO' <0 ___.n.. ...... Q, I <0 I <0 I <0 >- PROPOSED ROW TAKt 30' AREA = ',125 S.P-I: 56.5' I , I PROPERTY UNE J TAX LOT NUMBER EXlSJlNG 042'049'57 Rowell EXHIBIT MAP PARCEL 0421049033 ROW TAKE JAN. 2005 ACAD No. 04210.19033 E A R T H OT E C H . . 720..fi.m-SL-ste,~ - ... ..- -~-"'_.._..._-_._._--_...- -.----. .. . .t08OO..N.E.. .8lh st. ".'. ., --.- -..--.....- 7th f1<>or feder(l( Wpy. W/\ 98003 Bdlevuc;.. W/\ 98QO.4 253 838-r6202 .(25 ,(55-9,(9,( "N' , >> PARCEL NO. 0421049033 SLOPE EASEMENT THA T POR710N OF THE HEREINAFTER DESCRIBED PARCEL "A': DESCRIBED AS FOLLOWS: BEGINNING AT mE INTERSECTION OF mE soum LINE OF SAID PARCEL "A" wlm A LINE THA TIS 11.50 FEET WEST OF AND PARALLEL Wlm mE WEST MARGIN OF PACIFIC HIGHWAY soum (SR 99); THENCE NORm(Xy ()(}' 48" EAST ALONG SAID PARALlEL LINE. 187.61 FEET TO THE SOUTH MARGIN OF SOUTH DASH POINT ROAD (SR 5(9); THENCE soum 28" 25' 33" EAST ALONG SAID soum MARGIN, 9.35 FEET; THENCE SOUTH 02"16' 38" EAST. /3.71 FEET TO A LINE THA T IS 6.50 FEET WEST OF AND PARALLEL Wlm THE WEST MARGIN OF PACIFIC HIGHWA Y SOUTH (SR 99); THENCE SOUTH 00" ()(}' 48" WEST ALONG SAID PARALLEL LINE, 165.82 FEET TO THE soum LINE OF SAID PARCEL "A~; THENCE NORTH 88" 26' or WEST ALONG SAID SOUTH LINE, 5.00 FEET TO THE POINT OF BEGINNING. CONTAINING 912 SQUARE FEET. MORE OR lESS. PARCEL "A" THAT PORTION OF THE SOUTHWEST QUARTER OF SEcnON 4, TOWNSHIP 21 NORTH. RANGE 4 EAST. WM., IN KING COUNTY. WASHINGTON,. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET EASTOF THE SOUTHWEST CORNER OF THE NOR 11-IWEST QUARTER OF THE NOfHlIW'EST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH 89" 45' 51" EAST 234.86 FEET TO THE WEST MARGINAL LINE OF PACIFIC HIGHWA Y; THENCEFOL1.0WlNG THE SAID WESTERL Y MARGINAL LINE NORTH 01" 41' 56" WEST 235.00 FEET, MOREOR LESS, Tq mE SOUTHERL Y MARGINAL LINE OF NATIONAL PARK HIGHWA Y; mENCE FOL1.0WlNG SAID MARGINAL LINE ON A CURVE, 240.00 FEET. MORE OR LESS, TO A POINT 30.00 ,FEET EAST OF THE WEST SEcnON LINE OF SAID SECTION 4; THENCE SOUTH 00" 36' 3r EAST. PARALLEL TO SAID SEC71QN LINE 250.00 FEET. MORE OR LESS, TO THE POINT OF BEGINNING; EXCEPT ANY PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER ) KING COUNTY RECORDING NUMBER 2501551. SURVEYORS NOTE: THE CENTERUNES OF PACIFIC HIGHWA Y SOUTH (SR 99) AND soum DASH POINT ROAD (SR 5(9) ARE BASED ON mE RIGHT OF WA Y PLANS FOR SR 99HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLIC WORKS, 0421049033 esmt.doc - 1 - E A R T " ~ T E C H A tqcu NTf1WAOONAL LID. COIW'AIIIY .-..... S;'> SEC- 4, T. 21 N., R. 4 E., W.M. SRSO,g t:J ---- Q? -- N 89"58'32" E ~ ~ ------ ~ Q) I Q) I -- I --- 0::: --- -- (F) ~ -- '-.:..- I<J , ~ EXlSnNG . . CQ "<t- v) ~ !'> 0 "'> p p ROW )-2 0 0 0 , \ $ ::.>; z ::r: N_ r.5. 9.35' U I , 13]1' r.;: I G "( vi Q ~ I I "":t:, i!: TAX LOT NUMBER , 0421049033 50' (() ,,-. I <0 I " , , IX) SLOPE EASEMENT 30' AREA."'" 912 S.F.:i: I 56.5' I I 61.5' PROPERTY UNE I TAX LOT NUMBER PROPOSED EXISTING 0421049157 ROW ROW C/L EXHIBIT MAP PARCEL 0421049033 SLOPE EASEMENT March 11, 2005 ACAO No. 0421049033 esmt E A R T H €) T E C H 10600 H.E. 8th Sf.- 720 S. 3JJ 'Sf.- ste.200 7th floor federal W~.. WA 9800l BelIevue. WA 9800.( 25J 838-6202 425 455-9,(94 5(, PARCH. NO. 0421049157 RJGHTOFWAY i THE EAST 6.50 FEET OF mE HEREINAFTER DESCRlBED PARCEL "A ". : CONTAINING 650 SQUARE FEET. MORE OR LESS_ i , , i PARCB... U A If j n-IE NORm 100 FEET. AS MEASURED ON THE Kf:ST UNE OF THE FOlLOWI~ DESCRIBED TRACT: BEGINNING AT A POINT 30 FEET EAST AND 329.91 FEET NORm OF THE SOf.ITHWESTCORNEROF THE NORTHWEST QUARTER OF THE soumWEST QUARTER OF SECnON 4, TOWf'JSHIP 21 NORTH, RANGE 4 EAST, W.M;, IN KING COUNTY. WASHINGTON; I THENCE EAST 241.13 FEET. MORE OR LESS, TO THE WEST UNE OF PAClFlCjHIGHWA Y; . THENCE NORm ALONG THE WEST UNE OF SAID HIGHWA Y 329.57; , THENCE L1-EST 234.86 FEET TO A POINT 30 FEET EAST OF THE WEST UNE dF THE NORTHWEST QUARTER OF mE soumWEST QUARTER OF SAID SECTION 4; THENCE soum 329.91 FEET TO mE POINT OF BEGINNING. SURVEYORS NOTE: i THE CENTERI..1NE OF PAClRC HIGHWA Y SOUTH (SR 99) IS BASED ON THE RiGHT OF WA Y PUWS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FHJERAL WA Y puEiuc WORKS. . ! i ; ! ! j I I i j ! i I I I I I I 0421049157.doc . -1 - I @ I _."___.___.~______.~___._ .._ _... ....- ---- ..-.-----.-~--~-."~.-".."!'---~ - ~ ---.!--~-.~--!!.-. .... .... .u.-..-l---------~--.-.-m .-..-.-.-. ..-.-...-. -... ... A t:qcul/ifTff/t'lAOCINA{ tID. <OIWl4NY s&. SEe. 4. T. 21 N., R. 4 E.. W.M. I<J 56-5" . I. TAX LO T NUMBER <of- 0421049033 "l i-) P Ci PROPER TY UNE ~I I , EXISTING ROW TAX LOT NUMBER 'h I 0 0421049157 ti (3 , PROPOSED ROW TAKt I ~, I AREA = 650 S.F.1o ()) ()) PROPERTY UNE Q: N.T.S. V) , I '..--- V) (Jj >. ~ , I ~~ :'-1 1: ~l I "'C TAX LOT NUMBER <.J 0421049259 4: p i!: I I .:;' G 'J <0 -<:( ~ Q PROPERTY UNE I ~ J I 1 56.fl', , I I TAX LOT NUMfiER EXtSfll'i( 1 0421049035 ROW C/; I ..,,~~. EXHIBIT MAP PARCEL 0421049157 ROW TA!KE, JAN. 2005 ACAD No. 04210+. @T .. E A R T H E ,C H : '~."" .. --.. ',- 10800 N.E. 8th Sf.- . .11~Ls... .,$..Lst... Sk..200. ~ith'"no<< -------.- . federol Wqy, WA 98003 j 8ellevue. WA 9800-4 253 838+6202 1 ,(25 ,(55-9494 j n.' .57 PARCEL NO. 0421049259 RIGHT OF WA Y ! THE EAST 6.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL MA ': ! CONTAINING 746 SQUARE FEET, MORE OR LESS. , PARCEL -A- LOT " KING COUNTY SHORTPLA T NO. 980099, RECORDED UNDER KING COUNTY RECORDING NUHlER 8109160548, SAID SHORTPLAT BEING DESCRIBED AS FOLLOWS: , BEGINNING AT A POINT 30 FEET EAST AND 329.91 FEET NORTH OF THE SOqTHWEST CORNER Of ''HE NORTHVIEST QUARTER OF THE SOUTHJM:ST QUARTER OF SECnON 4, TOWNSHIP 21 NORTH, 1"(;1/:'1; 4 EAST, w:.M., IN KING COUN1Y, WASHINGTON; ! THENCE EAST 241.13 FEET, MORE OR LESS, TO THE WEST LINE OF PACIFIC flIGHWAY; THENCE NORm ALONG SAID WEST LINE OF HIGHWA Y 329.57 FEET; THENCE \o\iEST 234.86 FEET TO A POINT 30 FEET EAST OF THE WEST LINE Of THE NORTHV'Esr QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 329.91 FEET TO THE POINT OF BEGINNING; EXCEPT THE NORTH 100 FEET THEREOF AS AEASURED ALONG THE WEST ONE. SURVEYORS NOIF' ; THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 99J IS BASED ON THE RIGHT OF WA Y PLANS' / SR 99 HOV LANES PHASE 3, ON FILE INITH THE CITY OF FEDERAL WA Y pUBLic WORKS. I , 0421049259.doc - 1 - EARTH-€>T J;: C H ----.- ~ ._~~~_.,~ .'.. ~ .,- --, -- ..- ~-_..._---._- -.------------------,-.-.- --- .--.------- -. - .- ..-- ---.-...--,- --.---------- ... . ---- ,__.._ .._on,_.__~__.'__ A tyca/lf(/f'1/NIl.1l()NAL lID. COI\.fMNY 57 SEe. 4, T. 21 N., R. 4 E., W.M. I<J 56S . 1 TAX LOT NUMBER ... 0421049033 !""l a ' so' 0 PROPERTY UNE :<>::1 I I l-- EXlS1lNG ROW TAX LOT NUMBrn , 0421049157 I IT ...--.... 1 I Ol Ol PROPERTY UNE Q:: N.T.S. (J) I ........... Vi vi PROPOSED ~ ~ I RO~ S: I<J .J: . ~I I <:( TAX LOT NUMBER ."'t 042'049259 () 0 ~ G:: p I 0 <3 0 (() ..q:: :z ~ PROPOSED ROW TAME Q AREA = 746 S.F.!t PROPERTY UNE ~ , I 1 56.5' I TAX LOT NUMBER I EXISTING 042'049035 ROW ejt EXHIBIT MAP ! PARCEL 0421049259 ROW TAKE JAN. 2005 ! ACAD No. 0421049259 E A R T H ()m~m_~~;-.=~ ~--~.-_.- ,-.- - --.------. u_.._u _mu___. .____ _u "JO&lO_HL-.llth_-SL_ un _____ -........ .. ----.---..-.-------.---- 7th no-- 8dlcwe. WA 980(H 2SJ 838+6202 425 455-9,(9,( ----.--...- 53' PARCEL NO. 0421049035 RIGHT OF WA Y THE EAST 6.50 FEET OF THE HEREINAFTER DESCRIBED PARCEL "'A'" CONTAINING 1,264 SQUARE FEET" MORE OR LESS. PARCEL "A" , LOT 1~ CITY OF FEDERAL WAYLOTLlNE ADJUS TAENT NO. 93-0014RECOflcifDUNDERRECORDlNG NUIWlER 9512139004, SAID LOT LINE ADJUSTAENTBElNG APORnONOF THE NORTHVESTQUARTER OF THE SOUTHV'EST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH. RANGE 4 EAST, w:.M., IN KING COUNTY, WASHINGTON. SURVEYORS NOTE: THE CENTERLINE OF PACIFIC HIGHWA Y SOUTH (SR 991 IS BASED ON THE RlqHT OF WA Y PLANS FOR SR 99 HOV LANES PHASE 3, ON FILE WITH THE CITY OF FEDERAL WA Y PUBLYC WORKS- , ! I i j 1 ! i ! i I I I ; i ! i i ! i i ! , i I 0421049035.doc - 1 - i I I , , I EAR TH e TEe H j ---.--..----.--------------. - --.------.- -- - -.-. .---- .-.-----..-----------.------.---- ------- .--.--------- ..___.1.__.___._..______._ m _ __.- -..-...- A tqcu Il1EfINA1IONA'- lID, COMPMY S--g -, SEe. 4, T. 21 N., R. 4 f.. W.M. l<< 56.5' . 't , !"l TAX LOT NUMBER "'l P 0421049259 SO' 0 :z , PROPERTY liNE , , EXlSllNG ROW , PROPOSED T ROW I ------ I Ol I Ol Q: N_ T. S. TAX LOT NUMBER V) I 0421049035 ........... vi vi >-= I $: I<J ~ J:: in, . I -q; \ PROPOSED ROW TAKE :t- AREA ~ 1,264 S.ff..% U 0 G: p ~ 1 0 G 0 <0 -<:( :z. '<- Q PROPER TY LINE ~ I , , TAX LOT NUMBER I 042104903~ EXlSnNG ROW eft EXHIBIT MAP PARCEL 0421049035 ROW TAKE JAN. 2005 : ACAD No. 0421049035 E A R T H @T E :c H _.-.--.______._._.- .". .__.._--.. _.....l0800..NL.8th St..-- -:no-Sc-.lo.~ -St=5te_.zoG- 7th flooc ..-- ,-- -,.' . federal War. WA 98003 8ellevuc. WA 98004 2S3 8.l6';'6202 425 455~9494 i ~8 PARCEL NO. 0421049035 SLOPE EASEMENT THE WEST 10 FEET OF THE EAST 16.5 FEET OF THE HEREINAFTER DESCRIBED PARCEL "A". CONTAINING 1,944 SQUARE FEET, MORE OR LESS. PARCEL ~~A" LOT 1, CITY OF FEDERAL WA Y LOT LINE ADJUSTMENT NO. 93-0014 RECORDED . UNDER RECORDING NUMBER 9512139004, SAID LOT LINE ADJUSTMENT BEING A PORTION OF THE NOR1HWEST QUARTER OF THE SOUTHWEST QUARTER OF SECT/ON 4, TOWNSHIP 21 NORTH, RANGE 4 EAST. WM., IN KING COUNTY. WASHINGTON. SURVEYORS NOTE: mE CENTERLINE OF PACIFIC HIGHWAY SOUTH (SR 99) IS BASED ON mE RIGHT OF WA Y PLANS FOR SR 99 HOV LANESPHASE 3, ONFlLE wlm THE CITY OF FEDERAL WA Y PUBLIC WORKS. 0421049035 esmt.doc - 1 - EAR T H ~ T E C .. A fI/CO ~T1ONAL un (OM('ANY S-~ SEC. 4. T_ 21 N., R. 4 L W.M. laJ ;.. I TAX LOT NUMBER 50' t'} 0421049259 PROPOSED "" P ROW 56.5' 0 12: I PROPER TY LINE I I ------ ()) ()) I ct: en '---' l..J T vi > I I ~I )..: 0 P TAX LOT NUMBER $: 0 0 N.T.S. 0421049035 :r: :z I 0 G.: 10' SLOPE EASEMENT (J I AREA = 1.944 S.F.:f: ~ Q 1 vi I ~ I '<{ 66.5' i!: PROPERTY LINE (() I - I , I EXISTING 1 ROW . TAX LOT NUMBER 0421049038 I EXISTING 30' ROW C/L EXHIBIT MAP PARCEL 0421049035 SLOPE EASEMENT March 11. 2005 ACAD No. 0421049035 esmt E A R T H @ T E C H -- 10600 NJ:: 8th SI- 720 $_ 33:; 51- Ste_200 7th F100r federol W'Y(. 'itA 98003 8el1evue. WA 98004 253 838-6202 ,(25 455-9494