03-1041734%44 CITY OF
Federal Way
September 16, 2003
Barry & Linda Seibert y
28167 23`d Avenue South
Federal Way, WA 98003
Re: File No. 03- 104173- 00 -AD; PERMISSION GRANTED
Seibert; 28167 23`d Avenue South
Dear Mr. and Mrs. Seibert:
U
CITY HALL
33530 1 st Way South • PO Box 9718
Federal Way, WA 98063 -9718
(253) 661 -4000
www.cityoffederalway.com
C
This letter responds to your September 4, 2003, written request to construct a fence at the rear of
your residential lot at the above referenced address. The Heritage Woods Division II plat note
number 10 states, "No structure shall be constructed and/or located in a NGPE except as
authorized by the Department of Community Development Services." In summary, permission is
hereby granted to construct a six -foot tall fence on your side and rear perimeter property lines as
requested. A portion of the fence as proposed would be located within the NGPE. The intent of
plat note number 10 was not to preclude construction of a fence on property lines in the NGPE.
Thank you for inquiring about the plat note restrictions for the Heritage Woods NGPE. If you have
any further questions, please contact me at 253- 661 -4019, or jim.harris@cityoffederalway.com.
Sincerely,
&,tw_
m Harris
Senior Planner
Doc. I.D. 24606
L
• *M1JNr7Y ) RECIVED
VEE PMEEN BY
28167 28167 23rd Ave. So. p (fin' 3
Federal Way, Wa.
98003 SEP O 9 200
September 4, 2003
Jim Harris
Dear Jim Harris,
Subject: New Fence Structure
0 3- " '-0 �3 -a6-66
Thank you for seeing us Wednesday afternoon and helping advise us about
authorization for a new fence. We are residents of the Heritage Woods
development Division 2, Lot 29. We wish to build a new six foot cedar fence
around our back yard. This is part of the 15 foot Native Growth Protection and
Drainage Easement.
We have removed all the garbage, antlers, cans, bottles, full garbage bags, toys
building materials, etc. , and overgrown hazardous blackberry bushes. The
Blackberry plants are still regenerating and would like to further remove them
without chemicals. We have rodent problem that has been reduced. We are
asking for advice about our westerly neighbors recently planting trees and
hedges growing out of control. .
We have a dog that is always tied up when out in our yard so not to bother our
neighbors. A fence will reduce any liability issues. We are asking permission to
build the fence shown on the attachment to this letter.
Sincerely,
Barry & Linda Seibert
253 -839 -8577
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PROPERTY, TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEMENTS AT ALL TIMES FOR THE PURPOSE
STATED. NO BUILDING, WALL, ROCKERY, FENCE, TREES OR STRUCTURE OF ANY KIND SHALL BE ERECTED OR
PLANTED, NOR SHALL ANY FILL MATERIAL BE PLACED WITHIN THE BOUNDARIES OF SAID EASEMENT AREA.
NO EXCAVATION SHALL BE MADE WITHIN THREE FEET OF SAID WATER OR SEWER FACILITIES AND THE
SURFACE LEVEL OF THE GROUND WITHIN THE EASEMENT AREA SHALL BE MAINTAINED AT THE ELEVATION
AS CURRENTLY EXISITING. GRANTOR ADDITIONALLY GRANTS TO THE GRANTEE, THE USE OF SUCH
ADDITIONAL AREA IMMEDIATELY ADJACENT TO SAID EASEMENT AREA AS SHALL BE REQUIRED FOR THE
CONSTRUCTION, RECONSTRUCTION, MAINTENANCE AND OPERATION OF SAID WATER OR SEWER FACILITIES.
THE USE OF SUCH ADDITIONAL AREA SHALL BE HELD TO A REASONABLE MINIMUM AND BE RETURNED TO
THE CONDITION EXISTING IMMEDIATELY BEFORE THE PROPERTY WAS ENTERED UPON BY THE GRANTEE OR
IT'S AGENTS. IN ADDITION TO THE OTHER RESTRICTIONS HEREIN, GRANTOR SHALL NOT CONVEY TO A THIRD
PARTY ANY EASEMENT OR OTHER RIGHT OF USAGE IN THE EASEMENT AREA; EXCEPT THOSE
PERPENDICULAR CROSSINGS NECESSARY FOR OTHER UTILITIES TO ACCESS THE UTILITY EASEMENT SITUATED
ADJACENT TO SAID EXCLUSIVE WATER MAIN EASEMENT AND SEPARATED THEREBY FROM THE PUBLIC
RIGHT —OF —WAY, PROVIDED SAID CROSSINGS ARE HELD TO A RE.ASO.N?BLE MINIIMU�k
9. THE 50' TEMPORARY WATER AND SEWER EASEMENT SHOWN ON SHEET 1 OF 8 OF HERITAGE WOODS
DIVISION 1, VOLUME 179 OF PLATS, PAGES 76 THROUGH 83 SP* CIFIES "SEWER AND WATERMAIN EASEMENT
TO BE VACATED WHEN 26TH AVE. S. BECOMES PUBLIC R/W DJRING RECORDING OF DIVISION 2 ".
10. "NATIVE GROWTH PROTECTION EASEMENT (NGPE) ARE AREAS WHERE NO vEGETATION AND /OR
TREES ARE TO BE CUT AND /OR REMOVED, EXCEPT THOSE WHICH ARE DEAD, DYING, DISEASED, OR
CONSIDERED A POTENTIAL SAFETY HAZARD. ANY VEGETATION AND /OR TREE REMOVAL IN THE NGPE
REQUIRES THE PRIOR APPROVAL OF THE CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT
SERVICES DEPARTMENT. NO STRUCTURE SHALL BE CONSTRUCTED AND /OR LOCATED IN A NGPE
EXCEPT AS AUTHORIZED BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES ".
11. A PRIVATE NON— EXCLUSIVE DRAINAGE EASEMENT IS DEDICATED TO THE HOME OWNER'S
ASSOCIATION AND ADJACENT LOTS ACROSS THE REAR PORTION OF LOTS 19 THROUGH 31,
INCLUSIVE, AS SHOWN ON THE PLAT MAP SHEETS 5 AND 6.
12. LOTS WITHIN THIS PLAT ARE SUBJECT TO HERITAGE WOODS DIVISION 1 PROTECTIVE COVENANTS,
CONDITIONS AND RESTRICTIONS AS DETAILED IN INSTRUMENT RECORDED UNDER RECORDING No.
9703060163.
13. LOTS 1 THROUGH 10 INCLUSIVE, SHALL HAVE NO DIRECT VEHICULAR ACCESS TO OR FROM MILITARY
ROAD.
14. FENCING SHALL BE PLACED ON THE BACK OF LOTS 1 THROUGH 10 INCLUSIVE, TWENTY (20) FEET
INSIDE THE MILITARY ROAD PROPERTY LINE; THE AREA BETWEEN THE FENCING AND THE MILITARY ROAD
PROPERTY LINE TO BE DESIGNATED AS A 20 —FOOT WIDE PERMANENT LANDSCAPE BUFFER.
15. IN SOME CASES, ON —SITE SURFACE WATER INFILTRATION SYSTEMS MAY BE SUITABLE FOR USE ON
INDIVIDUAL LOTS DEPENDING ON SOIL CONDITIONS. THIS TYPE SYSTEM SHALL BE USED WHERE SUITABLE,
TO DETERMINE THE SUITABILITY OF THE SOIL FOR INFILTRATION SYSTEMS, A SOILS REPORT THAT INCLUDES
PERCOLATION TESTS AND A SOIL LOG TAKEN AT 6 —FOOT MINIMUM DEPTH SHALL BE SUBMITTED BY A
PROFESSIONAL ENGINEER, OR SOIL SPECIALIST. THIS SHALL INCLUDE, AT A MINIMUM, INFORMATION ON SOIL
TEXTURE, DEPTH TO SEASONAL HIGH WATER AND THE OCCURANCE OF MOTTLING AND IMPERVIOUS LAYERS.
THE REPORT SHALL ALSO ADDRESS POTENTIAL DOWN GRADIENT IMPACTS DUE TO INCREASED HYDRAULIC
LOADING ON SLOPES AND STRUCTURES. IF THE SOILS REPORT IS APPROVED, THE INFILTRATION SYSTEMS
SHALL BE INSTALLED PRIOR TO OCCUPANCY OF THE RESIDENCE.
16. ALL BUILDING DOWNSPOUTS, FOOTING DRAINS AND DRAINS FROM ALL IMPERVIOUS SURFACES SUCH AS
PATIOS AND DRIVEWAYS SHALL BE CONNECTED TO THE APPROVED PERMANENT STORM DRAIN OUTLET AS
SHOWN ON THE APPROVED CONSTRUCTION DRAWINGS ON FILE WITH THE CITY OF FEDERAL WAY PUBLIC
WORKS DEPARTMENT (F.W.P.W.D.) UNDER PROJECT No. SUB92 -0005 AND ALSO SEE 91 -0001, THIS PLAN
SHALL BE SUBMITTED WITH THE APPLICATION FOR ANY BUILDING PERMIT. ALL CONNECTIONS OF THE
DRAINS THAT MUST BE CONSTRUCTED AND APPROVED PRIOR TO .THE FINAL BUILDING INSPECTION
APPROVAL. ALL INDIVIDUAL STUB —OUTS SHALL BE PRIVATELY OWNED AND MAINTAINED BY THE LOT OWNER.
ALL STORMWATER CONVEYANCE FACILITIES FROM INDIVIDUAL LOTS TO THE CATCH BASINS IN THE STREETS
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35
28302
23RD AVE S
36
28360
23RD AVE S
37
28388
23RD AVE S
38
2377
S 284TH
PL
39
2395
S 284TH
PL
40
2415
S 284TH
PL
41
2437-S
284TH
PL
42
2449
S 284TH
PL
43
28391
26TH AVE S
44
28363
26TH AVE S
45
2510
S 283RD
PL
46
2496
S 283RD
PL
47
2452
S 283RD
PL
48
2430
S 283RD
PL
49
2414't
283RD
PL
50
2410
S 283R
PL
51
2402
S 283RD
PL
52
2400
S 283RD
PL
53
2411
S 283RD
PL
54
2433
S 283RD
PL
55
2455
S 283RD
PL
56
2477
S 283RD
PL
57
2499
S 263RD
PL
58
2511
S 283RD
PL
59
2515
S 283RD
PL
60
28072
26TH AVE S
61
28036
26TH AVE
S
62
28016
26TH AVE
S
63
27998
25TH PL
S
64
27982
25TH PL.S
65
27944
25TH-PL
S
66
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