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Austincina Architects Permit 21 100533 Doc 81176K:\Administration\Day File\Kevin Peterson\Austincina Architects Permit 21 100533 Doc 81176.doc March 8, 2021 Austincina Architects Attn: Neitha Wilkey 12202 Pacific Ave, Suite C Tacoma, WA 98444 RE: Permit #21-100533-00-SM; TWIN LAKES VETERINARY, 1060 SW 320TH ST Response to request for waiver of street improvements Dear Ms. Wilkey: This letter responds to your request to waive the required street improvements along Southwest 320th Street which abuts the above-referenced property. After evaluating the existing conditions along the referenced street and surrounding neighborhood, review of Federal Way Revised Code (FWRC) provisions (Section 19.135.070), and direction provided by the City Council, the Public Works Department hereby approves your request to waive the required street improvements. FWRC Section 19.135.070; Modifications of Improvements Along Property Frontage, allows the Public Works Department to grant a request to modify, defer, or waive the required street improvements only after consideration of four specific reasons. The reason most applicable here is contained in FWRC 19.135.070(1), “Improvements as required would not be harmonious with existing street improvements, would not function properly or safely, or would not be advantageous to the neighborhood or city as a whole.” SW 320th Street is classified as a Principal Arterial, corresponding to Street Section Type ‘I’, which requires a 58-foot paved roadway, 6-foot planter strips, and 8-foot sidewalks within a 92-foot right of way. Existing improvements along this section of SW 320th St consist of a 56-foot paved roadway, 4-foot planter strip, and 8-foot sidewalk, within a 100-foot right of way. Construction of the required improvements would not be harmonious with the existing street section. As a condition of approval of this waiver, the property owner is required to sign, notarize, and record the enclosed ‘LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST COVENANT’. Once the document is fully signed and notarized, it will need to be recorded with the King County Recorder’s office. Visit https://www.kingcounty.gov/depts/records-licensing/recorders-office.aspx for information on the recording process. After the recording is complete, please mail a copy to Federal Way Public Works Dep’t., Attn: Kevin Peterson, 33325 8th Ave S, Federal Way, WA 98003. K:\Administration\Day File\Kevin Peterson\Austincina Architects Permit 21 100533 Doc 81176.doc Additionally, the owner will be required to remove the existing, eastern driveway cut, and replace it with standard vertical curb and gutter, and install the planter strip and sidewalk, to match the existing. This will be a condition of the final Building Permit. The conditions of this modification will be applicable for a period of one year from the date of this letter. If a building permit is not issued within the one-year time limit, this waiver will be void, and a new request for modification must be submitted. If you have any questions, please contact Kevin Peterson, Engineering Plans Reviewer, at (253) 293- 6577. Sincerely, Desiree Winkler, P.E. Deputy Public Works Director DW/KP:ss Enc: Local Improvement District Waiver of Protest Covenant cc: Project File/kp Day File K:\Administration\Day File\Kevin Peterson\Austincina Architects Permit 21 100533 Doc 81176.doc RETURN ADDRESS: City of Federal Way Attn: Kevin Peterson, Public Works Department 33325 8th Avenue South Federal Way, WA 98003-6325 CITY OF FEDERAL WAY LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST COVENANT Grantor (s): M & M 320TH STREET, LLC, a Washington limited liability company Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporation Property Legal Description (abbreviated): A ptn. of the SE ¼ of the SW ¼ SEC 7, TWP 21 N, R 4 E, W.M. Assessor’s Tax Parcel ID#(s): 072104-9202 S-T-R: 7-21-4 Permit No: 21-100731-00-UP THIS COVENANT is made by M & M 320TH STREET, LLC (“Property Owner”) in favor of the City of Federal Way, a Washington municipal corporation (“City”). A. The Property Owner owns certain real property commonly known as 1060 SW 320th Street, Federal Way, WA 98001 and legally described as follows: THE SOUTH 710 FEET OF THE WEST 330 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EASTE, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 50 FEET AS CONDEMNED BY KING COUNTY IN PROCEEDINGS IN KING COUNTY SUPERIOR COURT CAUSE NO. 661387. SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON. (“Property”). B. The Property Owner has submitted a request for a building permit under Permit No. 21-100731-00-UP to construct an addition to the existing veterinary clinic residence on the Property which abuts a substandard City right-of-way known as Southwest 320th Street, which project will impact and derive special benefits from the public right-of-way. C. The City may, in the future, construct, reconstruct or improve Southwest 320th Street to City standards including, but not limited to, roadway widening, curbs, gutters, sidewalks, driveways across sidewalks, storm drains, retaining walls, street illumination, landscaping, slope protection, underground power, and necessary appurtenances consistent with good street construction (“Improvements”), so as to benefit the Property, through the formation of a Local Improvement District. NOW, THEREFORE, the Property Owner agrees as follows: 1. Permit. The Property Owner may obtain a building permit for construction of the building addition without the installation of the Improvements so long as all other conditions of the permit, if any, are complied with to the City’s satisfaction. K:\Administration\Day File\Kevin Peterson\Austincina Architects Permit 21 100533 Doc 81176.doc 2. No Protest. Pursuant to RCW 35.43.182 and in consideration of the City approving said permit, the Property Owner agrees to participate in and not protest the formation of a Local Improvement District pursuant to RCW 35.43.180. 3. Term. This Covenant shall be for a term of ten (10) years commencing on the date of execution hereof and terminating ten (10) years thereafter. 4. Improvements. Nothing in this Covenant shall in any way absolve the Property Owner of any underlying obligation to make any public improvements as a condition of permit approval under any application other than Permit No. 21-100731-00-UP prior to the expiration date of this Covenant or upon eighty (80) days’ written notice from the City if such public improvements are required pursuant to the Federal Way Revised Code, any other permit application, or other applicable laws, rules, or regulations, as now existing or hereafter adopted or amended. The Improvements may be necessary to mitigate the effects of the development of the Property. This Covenant shall be construed only as providing an alternative means for payment for necessary public improvements through the formation of a Local Improvement District. 5. Binding Effect. This Covenant shall be construed to touch and concern the land, shall run with the land, and bind the Property Owner, its successors in interest, heirs, and assigns. 6. Filing. This Covenant shall be recorded by the Property Owner with the King County Office of Records and the Property Owner shall pay all recording fees. 7. Limitation. Nothing in this Covenant shall be construed to waive the Property Owner’s right to object to the Property Owner’s individual assessment (including the determination of special benefits allocable to the Property), or to appeal to the Superior Court the decision of the Federal Way City Council affirming the final assessment roll. DATED this day of , 20___. Signature page follows K:\Administration\Day File\Kevin Peterson\Austincina Architects Permit 21 100533 Doc 81176.doc PROPERTY OWNER: _____________________________________ Michael Mizumoto, Governor M & M 320TH STREET, LLC STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, Michael Mizumoto, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he executed the foregoing instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this ______ day of ______________________, 20__. Notary’s signature _____________________________________ Notary’s printed name ________________________________________ Notary Public in and for the State of Washington. My commission expires__________________ Rev. 6/20