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Council PKT 02-20-2001 Special/Regular City of Federal Way City Council Meeting AGENDA COUNCILMEMBERS Mike Park, Mayor Jeanne Burbidge Michael Hellickson Eric Faison Linda Kochmar Mary Gates Dean McColgan CITY MANAGER David H. Moseley Office of the City Clerk February 20, 2001 I. II. ill. I. II. III. a. b. c. IV. AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall February 20, 2001 (www.ci.jederal-way.wa.us) ***** SPECIAL MEETING - 5:30 p.m. CALL MEETING TO ORDER HUMAN SERVICES COMMISSION INTERVIEWS ADJOURNMENT ***** I "I REGULAR MEETING - 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS Introductions/Certificates of ARpointment for Planning Commission. Ethics Board and Lodging Tax Advisory Committee City Manager/Introduction of New Employees City Manager/Emerging Issues CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY,'CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. Men recognized by the Mayor, please come forward to the podium, adjust the microphone to proper height, and state your name and address for the record. PLEASE LIMIT Y~UR REMARKS TO THREE ß) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. over please. . . , v. CONSENT AGENDA ( (Items listed below have been previously reviewed by a Coundl Committee of three members and brought beforefull Councilfor approval,' all items will be enacted by one motion,' individual items may be removed by a Councilmember for separate discussion and subsequent motion.) a. b. Minutes/February 6. 2001 Regular Meeting Council Bill #262/Metromedia Right-of-Way Franchise Agreement! Enactment Ordinance VI. INTRODUCTION ORDINANCE Council Bill #263/SR 99 Phase I Right-of-Way Improvements/Condemnation AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE CONDEMNATION, APPROPRIATION, TAKING AND/OR ACQUlsmON OF CERTAIN REAL PROPERTY AND/OR EASEMENTS FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING RIGHT-OF-WAY IMPROVEMENTS IN THE VICINITY OF PACIFIC IDGHWAY SOUTH BETWEEN SOUTH 312TH STREET AND SOUTH 324TH STREET, TOGETHER WITH ALL NECESSARY APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS ALL WITIllN 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. ( VTI. CITY COUNCIL REPORTS VllI. CITY MANAGER REPORT IX. EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30. 110(1) (i) X. ADJOURNMENT .. THE COUNCIL MA Y ADD AND TAJa A CTION ON OTHER ITEMS NOT LISTED ON THE AGENDA .. THERE ARE 2 COMPLETE AGENDA PACKETS A V AILABLE FOR CITIZEN REVIEW OF DETAILED ITEMS ON THE CONFERENCE TABLE AT THE BACK OF COUNCIL CHAMBERS MEETING DATE: February 20, 2001 ITEM# ::JL~ ') """"""""""""""""""""""""""""""",""""""""""""""'""""""""""""""""""""""""""""""""""""""""""""""""""""................................................ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: CITY COUNCIL MEETING MINUTES ..................................................................................................................................-.................................................................... ............................................. CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ..""'..""""".""'.""""'.""""""""""'".................................................................................................................................................................... ..................... ATTACHMENTS: Minutes for February 6, 2001 regular meeting. ....................................,.................................................................................................................................,................................ ............................................. SUMMARY /BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirement. n.....................................""""""""'"....................................................................................................................................................... ................................... CITY COUNCIL COMMITTEE RECOMMENDATION: nla ........................n.""""""""""""""""""""""""""""""""""""'"""""""""""""",,""""""""""""""""""""""""""""""""""""""""""""""""""""""""" CITY MANAGER RECOMMENDATION: Move approval of the official minutes. ........................................................................................,.............................................................................................................. ............................................. APPROVED FOR INCLUSION IN CO~ PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLEDIDEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVER.CLERK-J/7/00 Federal Way City Council Regular Meeting Minutes February 6, 2001 - Page 1 FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall February 6, 2001 - 7:00 p.m. ~'\ <J~ Minutes 1. CALL MEETING TO ORDER Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of 7:03 p.m. Councilmembers present: Mayor Mike Park, Deputy Mayor Linda Kochmar, Council members Jeanne Burbidge, Mary Gates, Eric Faison, Dean McColgan and Michael Hellickson Staff present: City Manager David Moseley, City Attorney Bob Sterbank, City Clerk Chris Green, and Deputy City Clerk Stephanie Courtney II. PLEDGE OF ALLEGIANCE Councilmember McColgan led the flag salute. III SWEARING-IN CEREMONY Director/Public Safety Department City Clerk Chris Green administered the oath of office to Chief Anne Kirkpatrick alongside her extended family members Dr. and Mrs. Kyle Chapman and Kristie Sather Brousseau. Public Safety Director Anne Kirkpatrick thanked Council and City Manager, stating she was absolutely thrilled and honored to work for and with the citizens of Federal Way. Chief Kirkpatrick, who has been meeting individually with each officer and employee in the department, noted she is impressed with the high quality people that have been hired, and is looking forward to working together. City Clerk Chris Green then administered the oath of office to Officers Bensen, Brown, Deyo, Drake, Everly, Keller, Kettells, Liska, Lunt, Orta, Schenkel, Schwan, Templeton, Walker, and White. IV. PRESENT A TIONS a. Posthumous Recognitionl1998 Federal Way Humanitarian of the Year Federal Way City Council Regular Meeting Minutes February 6, 2001 - Page 2 Deputy Mayor Kochmar read the posthumous recognition honoring 1998 Federal Way Humanitarian of the Year Ted Ulmer. Mayor Park presented the certificate to his widow Marge Ulmer and son Ted Ulmer, Jr.; Mr. Ulmer accepted the recognition and thanked the Council, noting his father loved the community and loved being an American. b. Certificate of Recognition/Federal Way Fire Department Administrator Deputy Mayor Kochmar read the certificate of recognition honoring Federal Way Fire Department Administrator Jim Hamilton for his many years of service to the citizens of Federal Way. Mayor Park presented the certificate to Mr. Hamilton who thanked the Council and City Manager for this recognition and noted he would still be visible in many areas of the community. c. Certificate of Recognition/Recipient of Commuter Challenge Deputy Mayor Kochmar and Mayor Park read and presented the certificate of recognition to the Weyerhaeuser Corporation for their participation in commute trip reduction program. Katy Taylor, Manager for Commute Trip Reduction and Debra Hansen, Vice-President of Weyerhaeuser Business Services and Aviation accepted the certificate thanking the Council for the recognition. d. Proclamationl1oo Top Hospitals Award Deputy Mayor Kochmar and Mayor Park read and presented the proclamation recognizing St. Francis Hospital as one of the top 100 hospitals in the nation. Chief Operating Officer Cheryl Payseno, President and CEO of Franciscan Health System Joe Wilczek, Boardmember Faye Clerget, and local physician and Boardmember Dr. Barbara Levy were on hand to accept the proclamation. e. Community Policing Partnership Awards Chief Anne Kirkpatrick announced and presented the Community Policing Partnership Awards to two employees of Café Arizona who witnessed and apprehended suspects who had burglarized a neighboring business. Chief Kirkpatrick noted all merchandise was recovered due to their efforts. f. Recognition of Police Commander City Manager David Moseley announced and presented a plaque to Police Commander Andy Hwang, in recognition of receiving the Franklin M. Kreml Leadership Award from the Northwestern University Center for Public Safety. Commander Hwang was selected for the award by staff and classmates on the basis of his dedication, devotion, ethics, and sense of justice. City Manager commended Commander Hwang for representing the city so well. g. City Manager/Introduction of New City Employees Federal Way City Council Regular Meeting Minutes February 6, 2001 - Page 3 City Manger David Moseley announced and introduced the following new employees: Anne Kirkpatrick as the new Chief of Police, Jeffery Otto, a new Public Safety Officer, and Aaron Unger, the new Information Systems Technician. h. City Manager/Emerging Issues City Manager David Moseley asked Public Works Traffic Engineer Rick Perez to update Council on the Blue Ribbon Commission's proposed transportation's options. V. CITIZEN COMMENT Joanne Piquette, thanked Council for the increase in the Arts budget, and updated the Council and citizens of upcoming arts events in the community. She also asked Council to pursue opportunities featuring Federal Way in film and television that would be a source of tourism revenue. Ron Walker, chair of the Diversity Commission spoke to update Council on the wrap up of the 2001 Martin Luther King Jf. celebration; he also spoke to thank the over 35 volunteers who gave their time and dedication to the celebration. VI. a. b. c. d. e. f. g. h. 1. CONSENT AGENDA MinuteslJanuary 9. 2001 Special Meeting & January 16. 2001 Regular Meeting - Approved Vouchers- Approved Monthly Financial Report/December 2000- Approved Meadowlane Preliminary PlatlResolution- Approved Resolution #01-334 Star Lake Vista Preliminary Plat/Resolution- Approved Resolution #01-335 Olympic View Neighborhood Traffic Safety Project- Approved Phase I/Solid Waste Service Review & Procurement Process- Approved 2001 Solid Waste & Recycling Grant ApprovallResolution- Approved Resolution #01-336 A ward Contract/Purchase of Phone Equipment/Steel Lake Offices- Approved COUNCILMEMBER MCCOLGAN MOVED APPROV AL OF THE CONSENT AGENDA AS PRESENTED; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: VII. Burbidge Faison Gates Hellickson Kochmar McColgan Park Yes Yes Yes Yes Yes Yes Yes CITY COUNCIL BUSINESS a. Planning Commission Appointment Federal Way City Council Regular Meeting Minutes February 6, 2001 - Page 4 COUNCILMEMBER MCCOLGAN MOVED TO APPOINT DINI DUCWS TO THE PLANNING COMMISSION FOR THE UNEXPIRED TERM THROUGH SEPI'EMBER 30, 2002; COUNCILMEMBER BURBIDGE SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson Yes Yes Yes Yes Kochmar McColgan Park b. Ethics Board Appointments Yes Yes Yes MAYOR PARK MOVED TO APPOINT DA VID HEAD AND MICHAEL MONECK TO THE ETHICS BOARD FOR 3 YEAR TERMS; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson Yes Yes Yes Yes Kochmar McColgan Park c. Lodging Tax Advisory Committee Appointments Yes Yes Yes COUNCIL:MEMBER GATES MOVED TO APPOINT SCOTT BROWN, SHAWN CUMMINS, AND BARBARA REID TO 2 YEAR TERMS TO THE LODGING TAX ADVISORY COMMITTEE; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson Yes Yes Yes Yes Kochmar McColgan Park VIII. INTRODUCTION ORDINANCE Yes Yes Yes Council Bill #262/Metromedia Right-of-Way Franchise Agreement AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING METROMEDIA FffiER NETWORK SERVICES, INC., A DELAWARE CORPORATION, A NONEXCLUSNE FRANCHISE TO OCCUpy RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN A SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLING, CONSTRUCTING, MAINTAINING, REPAIRING, AND RESTORING A FIBER OPTIC COMMUNICATIONS SYSTEM WITHIN AND THROUGH THE CITY OF FEDERAL WAY. COUNCILMEMBER GATES MOVED COUNCIL BILL #262/METROMEDIA RIGHT-OF- WAY FRANCHISE AGREEMENT TO SECOND READING/ENACTMENT AT THE Federal Way City Council Regular Meeting Minutes February 6, 2001 - Page 5 NEXT REGULAR COUNCIL MEETING, FEBRUARY 6, 2001; COUNCILMEMBER BURBIDGE SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson Yes Yes Yes Yes Kochmar McColgan Park Yes Yes Yes IX. CITY COUNCIL REPORTS Council member Gates announced the next regular meeting of the Finance/Economic DevelopmentlRegional Affairs Committee would be held February 28th at 9:00 a.m.; she reminded Council of the Association of Washington Cities Legislative Conference in Olympia February 14th and 15th, and updated Council on regional issues. Councilmember Burbidge announced the next regular meeting of the ParkslRecreationlHuman ServiceslPublic Safety Committee would be held February 12th at 12:00 p.m.; she reported on her attendance at various regional meetings and reminded citizens of upcoming activities at the Knutzen Family Theatre. Council member Hellickson had no report this evening. Councilmember Faison had no report this evening. Councilmember McColgan announced the next regular meeting of the Land Use/Transportation Committee will be February 21st at 5:30 p.m., which was rescheduled due to the holiday; and reported on various community events. Deputy Mayor Kochmar reported on her attendance at various regional and community meetings; and extended "best wishes" to Federal Way Fire Department Administrator Jim Hamilton on his new position with the Red Cross. Mayor Park reported his attendance at various community and regional meetings; and he noted he would be delivering the State of the City address February -rn at 11:30 a.m. at the King County Aquatics Center. X. CITY MANAGER REPORT City Manager David Moseley welcomed the new Public Safety Director Anne Kirkpatrick and welcomed Kathy McClung as the new Community Development Director. Mr. Moseley reminded citizens the Mayor would be delivering the State of the City - 2001 address at the King County Aquatics Center on February -rn; the Mayor's remarks will also be Federal Way City Council Regular Meeting Minutes February 6, 2001 - Page 6 available on the city's website. He updated council on the funding received from the Transportation Improvement Board for projects along SR 99; he noted the city received the second highest dollar amount awarded from all the cities and counties statewide. City Manager David Moseley reported on the special emphasis patrols along 330th and SR 99 where the "Stay Out of Areas of Prostitution" (SOAP) ordinance is in effect; signs will soon be installed denoting specific areas affected. He noted new traffic signals were installed at the intersection of 330th and SR 99; new street lighting and surveillance cameras are also being considered . Mr. Moseley reported on the council's mid-biannual retreat, facilitated by Jim Reid. Mr. Reid is preparing a final report to distribute to council. He also noted the Management Team's retreat will be held Friday, February 9th. He updated council on the governors request to public jurisdictions to reduce the use of electricity use by 10% in response to the wide spread power shortage; he commended Parks, Recreation and Cultural Services Director Jennifer Schroder and Property Services Manager Steve Ikerd on working with staff to achieve the desired savings. Mr. Moseley further reminded council for the need for an executive session for the purposes of discussing potential litigation/pursuant to RCW 42.30.llO(1)(i); it will last approximately thirty minutes with no action anticipated. XI. EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30. 110(1)(i) At 8:20 p.m. Mayor Park announced the council would be recessing to an executive session for approximately thirty minutes, with no action anticipated. At 8:50 p.m. Assistant City Manager Derek Matheson announced an additional fifteen minutes. Council returned to chambers at 9:06 p.m. XII. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Park adjourned the regular meeting at the hour of 9:06 p.m. Stephanie D. Courtney Deputy City Clerk MEETING DATE: February 20,2001 ITEM# V(b) """"'."..""."..".""."'."""'."."'..."."'......."""".""....."............................................................................................'..""""'....""'."""""""""""..""'.."""'.."."..""" """"'.""'."""".."".."".....""."".",.""""""",.""""."""".".,.",.."""""."" CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Metromedia Fiber Network Fiber Optic Franchise 11 st Avenue S, S 31 ih Street, & SR99 ..... C.A"T itG Ö R\':'."""". '..""""""'.""""""", ,.........,....... """"'."""""""'.""""""""""""""" ... ...... ................... ä"tJö. G it T "IMP Xc T:'" ..... ...... ................... """"""'" """"'..."""'" ..... ............ ....... CONSENT ~ 0 RD IN AN CE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ .. "'A"t T A" C"lïM Eï~: t S:""""M e ill õ... "1 õ..."1 he.". FI ïï an c e~.." E c õ.ïï 0 mIc'... De v eI or me ÏÏt~""an t{" j{ e g 10 ñ a r' Ã ffãli s' ... c.o ÏÏÏñÏltte.e.'" dated January 5, 2001 and draft Metromedia Franchise Ordinance . .... SUM M Á R Y ïB Á C K G R Ö U N Ij": "Me i Tõ.ill e ëïI a" PI be i."t\f ei W 0 ik" h as"r e.ëï ü e. s t e ëf a .Ii file hI se" to" I oë. ã it;... g...c. õ.ïï d ülts"" and fiber optic cable within the City right-of-way along I st A venue S from the ci7 limits to S. 31ih Street, S 3lih Street from 1st Avenue S to SR-99, SR-99 from S 31ih Street to S 273T Street, and S 288th from SR-99 to 19th Avenue S. The fiber system will be part of the Metromedia's larger network. The majority of conduit will be installed via boring thus reducing the number of locations the right-of-way would be open cut, with the exception of the SR-99 section bore pits and where boring is technically unfeasible. Other franchise terms are consistent with other franchises the City has granted to Tacoma Public Utilities (for Lakehaven's second supply pipeline) and to Weyerhaeuser, Sprint and Williams Communications (for fiber optic cable). The terms of the franchise are summarized in the attached January 5, 2001 nemorandum to the Finance, Economic Development and Regional Affairs Committee. Metromedia will be installing three I y,¡" conduits and providing them to the City for city use at no cost to the City. .....CITY'.COUN.cIL"'COMMIfTEE...RE<:ÜMMENDAfIÚN:".þ\>f\\iãfëfï'.1'etrõÏÏï"ëdIã"'Frañchlseto"'fuïf"Clty"'. Council on Januaryl6, 2001 with a "do pass" recommendation. The committee directed staff to ensure that the assignment clause of the franchise requires that any franchise assignee have a franchise with the City. Paragraph 24.3.1 does require that any transferee "...assume all of the obligations of the Franchisee hereunder. .." This provision places the assignee in the same position as the current franchise holder with respect to the franchise - in effect the assignee will have a franchise with the City. In order to facilitate verification of compliance with this franchise term, the City Attorney's office has added the following revision to Paragraph 24.3.1 ofthe franchise: Franchisee shall give to the City thirty (30) days' prior written notice of any such proposed assignment or transfer and shall provide all necessary information to the City, including financial data and proof that the assignee/transferee shall assume all obligations of this franchise, in order to... Subsequent to the Committee recommendation, Metromedia requested several other changes, two of which are recommended by staff. The first would reduce the time period in which Metromedia is responsible to repair any defects discovered in City Facilities, from 6 years to 2 years. The latter is consistent with the required maintenance period for streets dedicated to the City as part of approved subdivisions. The second proposed change would require the City to comply with all legal requirements in the event the City were to use the City Facilities to provide telecommunications services for sale to the general public. The latter change simply requires legal compliance, which is the City's practice in any event. Staff have also made a change to definition of "Facilities," and to Section 20.2.1 concerning "City Facilities," to clarify that the Public Works Director's approval, via a right-of-way use permit or otherwise, is required to confirm the exact location ofthe Franchisee's Facilities and the City Facilities. ........................................................................................................................................,.............................................................. ....................................................................................................................................................................... CITY MANAGER RECOMMENDATION: Move Franchise Ordinance to second reading at February 20, 2001 City Council meeting. APPROVED FOR INCLUSION IN COUNCIL PACKET: ....................................................................................................................................................................................................... .........................., (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # 262 02/06/01 k:\agnditem\metromedia franchise3.doc ","""".",";'..'",.. CITY OF FEDERAL WAY MEMORANDUM Date: To: January 5,2001 Via: David H. Mo e 1 ager From: ~-- ~ob C. Sterbank, Ity Attorney Subject: Proposed Metromedia Fiber Network Fiber Optic Franchise -pf Avenue S. (from 356'h to 312fh), 31~ (from pi to SR99) and SR99 (from 31:zth to 273,d). lopment and Regional Affairs Committee Background: Metromedia Fiber Network has requested a franchise to locate a fiber optic communications system within City right-of-way along 1st Avenue S. (from 356th to 3 12th), 312th (from pI to SR99) and SR99 (from 312th to 273rd). The fiber optic cable will be part of the Metromedia's larger network. The basic terms of the proposed franchise are as follows: 1. Equipment The franchise would permit Metromedia to install eight, l.5-inch diameter underground conduits for fiber optic lines, and appurtenant vaults and "pull boxes" necessary to allow installation of fiber within the conduits. These facilities would be installed in the Franchise Area as shown on drawings that will be provided at the Committee meeting. Metromedia will also provide three, 1.25 inch-diameter conduits to the City at no cost. 2. Consideration Metromedia will pay the City's administrative costs and expenses in preparing and approving the franchise. Metromedia will also relocate its facilities at the City's request, at Metromedia's cost, and repair any damages it causes to the ROW, also at Metromedia's cost. In addition, Metromedia is also providing conduit to the City. 3. Insurance Metromedia will maintain insurance of $2 Million combined single limit for both commercial general liability and automobile insurance. 4. Term The term of the proposed franchise is 10 years, consistent with franchises the City has granted to TCI (now AT&T, for cable); Puget Sound Energy, Tacoma Public Utilities (for Lakehaven's second supply pipeline); Weyerhaeuser, Sprint and Williams (fiber optic cable). s. Bond The proposed franchise requires Metromedia to post a bond in the amount of 120% of the amount of the facilities prior to commencing any work under the Franchise. 6. Issues of Note. a. Conduit Location. Metromedia will not be installing new conduit along the entire route. Instead, for portions of the route, it will utilize existing US West or Qwest conduit, under the terms of a lease. In those locations, Metromedia has indicated that it does not want to install conduit for the City, since it will not be boring or trenching in those areas. Assignment. Previous City franchises and right-of-way use agreements, particularly telecommunications franchises and right-of-way use agreements, contain provisions prohibiting the telecom company from assigning or transferring its interest in the franchise without first obtaining the City's consent. In recent instances, these provisions have been the subject of substantial negotiation and disagreement with the providers. Metromedia's primary interest in this regard has been to preserve some ability to lease or allow exclusive use of particular fiber optic lines, without having to obtain City consent. Because City interest in approving assignments has largely been based on concerns for public safety, right-of-way integrity, and liability, staff and Metromedia drafted an innovative provision which allows Metromedia in limited circumstances to grant exclusive use of portions of their facility to others without City approval, provided that the user of the fiber did not obtain any right to physical move, repair, relocate, or otherwise touch the fiber, conduit, or City right-of- way. Where lease or other transfer of such physical control is contemplated, Metromedia is required to obtain prior City approval. Committee Recommendation: Staff requests that the committee forward the proposed franchise to the full City Council, for placement on the January 16, 2001 City Council agenda, with a "do pass" recommendation; provided that the following changes are made to the draft franchise ordinance: a. None b. 2 K:\telecom\fedrac metromedia.doc 3 ORDINANCE NO. DRAFT ::::y¡ '1-/ ð I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING METROMEDIA FIBER NETWORK SERVICES, INc., A DELAWARE CORPORATION, A NONEXCLUSIVE FRANCHISE TO OCCUpy RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN A SPECIFIED FRANCmSE AREA FOR THE PURPOSES OF INSTALLING, CONSTRUCTING, MAINTAINING, REPAIRING, AND RESTORING A FIBER OPTIC COMMUNICATIONS SYSTEM WITHIN AND THROUGH THE CITY OF FEDERAL WAY. WHEREAS, Metromedia Fiber Network Services, Inc. a Delaware corporation ("Metromedia") has requested a franchise from the City of Federal Way, in order to locate a fiber optic communications system within the right-of-way, as shown on Exhibit A hereto; and WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant such a franchise, which will specify the rights and duties of Metromedia; and WHEREAS, RCW 35A.47.040 pennits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires and appurtenances for transmission of signals and other methods of communications; and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Definitions Where used in this Franchise the following tenus shall be defined as follows: 1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the State of Washington, and its respective successors and assigns. 1.2 "Council" means the City of Federal Way Council acting in its official capacity. 1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way Public Works Department. K:\TELECOM\metromedia41-25.doc 1-30-01 Ordinance No. , Page 1 1.4 "Facilities" means an underground fiber optic telecommunications system consisting of eight 1.5 inch conduits and fiber optic cable, and other necessary appurtenances, as specifically depicted in such plans approved by the City of Federal Way Public Works Director as part of the issuance of a right-of-way use permit or other approval. "Facilities" also means any other equipment approved by the Federal Way City Council by ordinance and incorporated herein by amendment. 1.5 "FWCC" means the Federal Way City Code. 1.6 "Franchise Area" means only that portion of the rights-of-way located in the City of Federal Way and shown in Exhibit A attached hereto, and/or any other areas approved by the Federal Way City Council and incorporated into this Ordinance via amendment. 1. 7 "Franchisee" means Metromedia, and its successors and assigns if approved and/or permitted as provided in Section 24.3 herein. 1.8 "City Facilities" means an underground system of conduit, junction boxes, pull boxes system, access vaults and structures, including but not limited to three (3) one and one-quarter inch (1 V4-inch) conduits, suitable for use as part of an underground fiber optic or other telecommunications system, as further described in Section 20.2 below. Section 2. Grant/Acceptance 2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limited purpose of constructing, excavating, installing, maintaining, restoring, and repairing Facilities within the Franchise Area. This franchise is specifically limited to the right for Metromedia to install Facilities owned and operated by Metromedia. Franchisee may not provide cable television or open video system services, unless it first obtains a cable television franchise or open video system franchise or agreement from the City. 2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall, within sixty (60) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. Section 3. Non-Franch~se Area City Property This Franchise does not and shall not convey any right to Franchisee to install its Facilities on, under, over, across, or to otherwise use City-owned or leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use any City owned or leased property within the Franchise Area other than the right-of-way depicted in Exhibit A and as described in Section 1.6 herein. , Page 2 K:\TELECOM\metromedia41-25,doc 1-30-01 Ordinance No. Section 4. Term Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period of ten (10) years commencing on the effective date of this Franchise, unless terminated earlier pursuant to this Franchise or other applicable law. Section 5. Location of Facilities 5.1 Location. The Facilities shall be installed underground. The location of the underground Facilities and appurtenances, their depths below the surface of the ground or grade of a right-of-way, and any related existing equipment to which the Facilities are connected shall be depicted on "as-built" plans submitted to the City within ninety (90) days of the installation of the Facilities. The "as-built" plans shall be stamped by a Professional Engineer licensed by the State of Washington. Upon written request of the City, Franchisee shall update such "as-built" plans to reflect actual or anticipated improvements to the system. Any plans of anticipated improvements to the system so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such plans be construed as a proposal to undertake any specific improvements. 5.2 GIS Data. At such time as Franchisee develops or employs Geographic Information System ("GIS") technology, Franchisee shall submit the information required in Subsection 5.1 above in digital GIS format, showing the location of its Facilities within the Franchise Area. 5.3 Design Markings. In the event the City desires to design new streets or intersections, renovate existing streets, or make any other public improvements, Franchisee shall at the City of Federal Way's reasonable request, provide the location of Franchisee's underground Facilities within the Franchise Area by either field markings or by locating the Facilities on the City's design drawings, and shall provide all other reasonable cooperation and assistance requested by the City. Section 6. Noninterference of Facilities Franchisee agrees to maintain its Facilities and perform any and all activities authorized by this Franchise: (1) so as not to unreasonably interfere with the free passage of traffic; (2) in accordance with the applicable laws of the State of Washington and City Code requirements, franchise provisions, regulations, resolutions and rules, as now existing or as hereafter amended; and (3) as required by the Director. This requirement applies whether or not the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. Section 7. Requirement to Obtain Permits 7.1 Permits and Permit Applications. Franchisee shall, at its expense, obtain all permits, (including rights-of-way permits), and pay all permit fees required by applicable City ordinances, regulations, resolutions and rules prior to commencing any work within the Franchise Area. Franchisee's permit applications shall be accompanied by plans K:\TELECOM\metromedia41-25.doc 1-30-01 Ordinance No. , Page 3 stamped by a Professional Engineer licensed by the State of Washington, which plans shall show the position and location of the proposed facilities to be constructed, laid, installed, or erected at that time, show their relative position to existing rights-of-way or property lines upon prints drawn to scale, designate rights-of-way by their names and improvements, such as, but not limited to, sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on or under the ground to be occupied, or as required by the Director. The Franchisee shall specify the class and type of materials to be used, equipment to be used, and mode of safeguarding and facilitating the public traffic during construction. Materials and equipment shall be in new or like-new condition for its type and kind. The manner of excavation, construction, installation, backfill, and temporary structures such as, but not limited to, traffic turnouts and road obstructions shall meet the standards of the FWCC and be satisfactory to the Director. All traffic control shall be in accordance with the right-of-way pennit, and shall be in accordance with the Manual on Unifonn Traffic Control Devices (MUTCD). The Franchisee shall indicate on any pennit application the time needed to complete the work. The time needed to complete the work is subject to approval by the City as a condition of the issuance of the pennit or approval. 7.2 Emergency Exception to Permit Requirement. In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the property, life, health or safety of any individual, Franchisee may take action immediately to correct the dangerous condition without first obtaining any required pennit so long as: (1) Franchisee infonns the City of the nature and extent of the emergency, and the work to be perfonned, prior to commencing the work; and (2) such pennit is obtained by Franchisee as soon as practicable following cessation of the emergency. Section 8. Standard of Performance Franchisee shall not utilize open cut or open trench construction methods for installing Facilities, unless: (1) required by an emergency; or (2) unless boring is not technically feasible and pennission is first obtained from the Director of Public Works. In the event that Franchisee utilizes open cut or open trench construction methods, Franchisee shall not excavate for a distance of more than one hundred feet (100') without immediately backfilling and compacting to surface grade and city standards. Backfilled trench areas within a driving lane must be patched, either temporarily or pennanently, before the end of the work day in which they have been opened. Trench areas within the right-of-way, but not within a driving lane, must also be patched within the time limits specified by the City on the right-of-way use pennit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to pennit issuance. As part of final surface restoration, Franchisee shall install new asphalt overlay for a minimum distance of 300 feet from the cut or trench on both sides of the cut or trench (i.e., a total distance of 600 feet), unless a shorter distance is approved by the Director. In the event tha! the City adopts a street or pavement degradation fee by ordinance, at the option of the City, Franchisee shall pay such fee in lieu of installing the new asphalt overlay required by this Section. K:\TELECOM\metromedia41-25.doc 1-30-01 Ordinance No. , Page 4 Section 9. Survey Markers and Monuments Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed monuments or markers, and all costs associated with the expense of replacement of such lost, destroyed or disturbed monuments or markers. Section 10. Surface Markings/Stakes Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall reference all monuments and markers relating to subdivisions, plats, highways, and other surveys. The reference points shall be located so that they shall not be disturbed during the Franchisee's operations under this Franchise. The method of referencing these monuments or other points shall be approved by the City before placement. The construction shall be made as expeditiously as conditions penn it, and as directed by the City. A complete set of reference notes for monuments and other ties shall be filed with the City. Section 11. Right of City to Complete Work In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances, rules, regulations or standards or with any of the tenns of this Franchise, and such noncompliance continues for a period of ten (10) days after Franchisee receives written notice from the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work completed, including without limitation Franchisee's obligation to repair and Franchisee's obligation to remove or relocate facilities. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the City for all reasonable costs and expenses incurred by the City in having such work perfonned, which costs may include the City's reasonable overhead expenses and attorneys' fees. However, the City shall not have any electrical work accomplished by any person or entity other than Franchisee or a qualified and licensed electrical contractor. ; Section 12. Work by City 12.1 City Reservation of Rights. The City reserves the right to use, occupy and enjoy all or any part of the Franchise Area, either above, below, or adjacent to the Facilities, for any purpose that is not inconsistent with the tenns and conditions of this Franchise. The rights reserved herein include, without limitation, the construction, installation, and/or maintenance of any electrical, water, utility, telecommunications, sewer or stonn drainage line, traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects. This Franchise is not an exclusive Franchise and shall not be construed to in any manner prohibit the City from granting other and further franchises in, under, over, upon, and along the K:\TELECOM\metromedia41-25.doc 1-30-01 Ordinance No. , Page 5 Franchise Area, nor from exercising such other powers and authorities granted to the City by the Washington State Constitution and general law. 12.2 Relocation of Franchisee's Facilities. In the event that exercise of any of the rights reserved under Section 12.1 above reasonably requires the City to construct, alter, repair, or improve the right-of-way ("City work"), and the City work necessitates the relocation of the Facilities then existing in the Franchise Area, the City may require Franchisee to relocate the Facilities, as provided herein. 12.2.1 City's Duties. The City shall: (a) Provide written notice as soon as practicable of the requirement for relocation and the date by which relocation shall be completed. The City shall calculate the date for completion of the relocation in accordance with RCW 35.99.060; and (b) Provide Franchisee with copies of pertinent portions of the City's plans and specifications so that Franchisee may relocate its Facilities to accommodate the City work. 12.2.2 Franchisee's Duties. Franchisee shall: (a) No later than the date set by the City for completion of the relocation (unless adjusted by the City or a reviewing court pursuant to RCW 35.99.060) raise, lower, or move the Facilities to the location or position directed by the City, to cause the least interference with the City work and to conform to such new grades as may be established. If the City improves the right-of-way and, if directed by the City, Franchisee shall replace the Facilities with substitute Facilities conforming to the specifications for the improvement of the right-of- way; (b) bear all costs and expenses of the relocation and provision of substitute Facilities, except as provided in RCW 35.99.060. Section 13. Damage Repair In case of damage by the Franchisee, its agents or employees or by the Facilities of the Franchisee to rights-of-way, or to public and private improvements to rights-of-way, the Franchisee agrees to repair the damage àt its own cost and expense. The Franchisee shall, upon discovery of any such damage, immediately notify the City. The City will inspect the damage, and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to rights-of-way, or to public and private improvements to rights-of-way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage. In the event the Franch!see does not repair a right-of-way or an improvement to a right-of-way as required in this section, the City may repair the damage and recover the costs and expenses of such repair from Franchisee in accordance with the provisions of Section 11 of this Agreement. , Page 6 K:\TELECOM\metromedia4 1-25.doc 1-30-01 Ordinance No. Section 14. Default 14.1 Notice of Default. In addition to other remedies set forth herein, if Franchisee shall fail to comply with any of the provisions of this Franchise, the City may serve a written notice to Franchisee ordering such compliance and Franchisee shall have sixty (60) days from the receipt of such notice in which to comply. 14.2 Revocation of Franchise. If Franchisee is not in compliance with this Franchise after the expiration of the sixty (60) day period, the City may, by resolution, declare the Franchise immediately revoked. Section 15. Limited Rights This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee. Section 16. Eminent Domain The existence of this Franchise shall not preclude the City from acquiring by condemnation, in accordance with applicable law, all or a portion of Franchisee's Facilities within the Franchise Area for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the Franchise Area conferred by this Franchise. Section 17. Vacation If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City will not be liable for any damages or loss to the Franchisee by reason of such vacation,-. The City shall notify Franchisee in writing not less than 20 days prior to public hearing under FWCC § 13., I 02 on any petition for vacation of Franchise Area occupied by Franchisee. The City may, after thirty (30) days prior written notice to Franchisee, terminate this Franchise with respect to any vacated area for which Franchisee had notice as provided herein. This section shall not be construed as authorization by the City to occupy any land rendered privately owned as a result of a street vacation, nor shall this section be construed as obligating the City to reserve any easement for the Franchisee in a vacated area. Section 18. Compliance with Laws 18.1 General. Franchisee shall comply with all applicable federal, state and City laws, franchises, resolutions, regulations, standards and procedures, as now existing or hereafter amended or adopted, including without limitation the State Environmental Policy Act; provided, however, that if any term or condition of this Franchise and any term or condition of any City law, code, franchise, resolution, regulation, standard, procedure, permit or approval are in conflict, the term or condition of this Franchise shall control. City and Franchisee acknowledge and agree that the terms, conditions and provisions of this Franchise, except for Section 20.2, are consistent with applicable law, including but not limited to the K:\TELECOM\metromedia41-25.doc 1-30-01 Ordinance No. , Page 7 Telecommunications Act of 1996, existing Washington State statutes and the FWCC, as currently enacted and interpreted. 18.2 Future City Regulation. Subject to Section 18.1 above, Franchisee acknowledges that the City may develop rules, regulations, ordinances and specifications of general applicability for the use of the right-of-way which shall govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this Franchise was executed by the City and Franchisee covenants and agrees to be bound by same to the extent they are consistent with the Constitution of the State of Washington. Section 19. Guarantee Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of 10 years against settlement or repair including Facilities and right-of-way restoration; provided, however, Franchisee is not guaranteeing the provision of any specific telecommunications services. Section 20. Administrative Costs and City Owned Facilities 20.1 Charge for Administrative Costs. Pursuant to RCW 35.21 and RCW 35.99.010(6), fees may be collected for administrative expenses related to such franchise and Franchisee does hereby warrant that its operations as authorized under this Franchise are those of a Service Provider and telephone business as defined in RCW 82.04.065. In recognition of Franchisee's status, the City shall be entitled to reimbursement of all actual costs, including reasonable overhead costs associated with the administration of this Franchise or costs incurred by the City for actions undertaken in accordance with the Franchise. These costs shall include, but not be limited to wages, benefits, equipment and supplies for activities such as plan review, permit processing and permit inspections. Such costs shall be billed to Franchisee on a quarterly basis and Franchisee shall pay such costs within thirty (30) days of receipt of such bills. Each bill shall include verifiable detail as to the nature of the costs incurred. Failure by Franchisee to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this Franchise. Franchisèe also agrees to pay a fee or a charge to cover the actual reasonable administrative expenses incurred by the City which are directly related to preparing and approving this Franchise. Nothing herein shall preclude the City from charging administrative fees or recovering any administrative costs incurred by the City in the approval of permits or in the supervision, inspection or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the FWCC or as permitted by other applicable law. Franchisee shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under ordinances of the City. Where the City incurs costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise or any ordinance relating to the subject for which a permit fee is not established, Franchisee shall pay such costs and expenses directly to the City. In addition to the above, Franchisee shall promptly reimburse the City for any and all costs the City reasonably incurs in response to any emergency involving Franchisee's Facilities. Further, Franchisee shall also pay all taxes and pavement and K:\TELECOM\metromedía41-25.doc 1-30-01 Ordinance No. , Page 8 street degradation fees which are authorized by law or City ordinance and may now or hereafter be required and imposed by the City. 20.2 City Facilities. 20.2.1 Installation and Location. As part of and at the same time as the its initial installation of the Facilities, Franchisee shall install City Facilities, at Franchisee's sole cost, within the Franchise Area in the same locations as the Facilities, all as approved by the Director through issuance of a right-of-way use permit or other approval. Franchisee shall have no obligation to install conduit in locations where the Franchisee is not installing conduit but is only installing fiber optic cable within existing buried conduit. The locations and spacing of junction boxes, pull boxes, and other access structures or vaults to be installed as part of the City Facilities shall be as specified by the Director. The City Facilities will not be connected to the access structures and vaults of Franchisee. The conduit and other components comprising the City Facilities shall meet the specifications reasonably established by the Director, as set forth in Exhibit A, and shall at a minimum be of the same type and quality as the materials used by Franchisee in its Facilities. Franchisee shall not be required to install City Facilities beyond those shown in the plans approved by the Director as part of the right-of-way use permit or other City approval. 20.2.2 Use of City Facilities. The City shall inform Franchisee of the use, and any change in use, of the City Facilities. As part of such use, the City may run its own signal cable and/or fiber optic cable through the City Facilities at some future time, and Franchisee warrants that the City Facilities shall be adequate for such purpose. The City may not use the City Facilities to provide telecommunications or cable television service for hire, sale, or resale to the general public unless authorized by this Franchise or by general law, and only in compliance with any requirements therein. Franchisee shall be responsible for obtaining all necessary permits, franchises, and/or approvals necessary for installation of the City Facilities; the City shall cooperate in providing any information or documents necessary for such permits, franchises, and/or approvals. 20.2.3 Inspection. During installation ofthe City Facilities, the City shall have the right to observe and inspect the installation. 20.2.4 Transfer of City Facilities. After installation of the City Facilities is completed by Franchisee, Franchisee shall notify the City and the City shall have thirty (30) business days to notify Franchisee whether it accepts or rejects, for cause, the City Facilities. In the event of a rejection for cause, Franchisee shall promptly make such repairs as are reasonably required to make the City Facilities usable by the City, notify the City when such repairs are complete, and the notification process shall repeat until City acceptance is achieved. Upon City acceptance, Franchisee shall assign and transfer to the City, by bill of sale and an assignment and assumption agreement, any and all of its rights and obligations with respect to the City Facilities, and the City shall immediately accept and assume all such rights and obligations (the "Transfer"). K:\TELECOM\metromedia4 1-25.doc 1-30-01 Ordinance No. , Page 9 20.2.5 Maintenance and Repair of City Facilities. Following the Transfer, (a) Franchisee shall have no obligation to maintain and/or repair all or any portion of the City Facilities, and such repair and maintenance obligations shall be the sole responsibility of the City, provided, however, that Franchisee shall be obligated to repair any defects in the City Facilities discovered within two (2) years of the Transfer, and Franchisee shall be obligated to repair any damage or defects to City Facilities arising out of Franchisee's actions under this Franchise; (b) the City shall be solely responsible for any and all taxes, fees and assessments relating to the ownership, use and maintenance of the City Facilities, except as provided in Section 20.1.9(a) above; (c) the City shall indemnify, defend, and hold harmless Franchisee and its officers, directors, shareholders, agents, employees and volunteers against any and all liability, claims, actions, causes of action, expenses or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of or connected with the City's ownership, use, maintenance and repair of the City Facilities, except that this section shall not be construed as requiring the City to indemnify, hold harmless or defend the Franchisee against claims or damages arising from the negligence or willful misconduct of the Franchisee, its agents, independent contractors or employees, nor shall this section be construed as requiring the City to indemnify Franchisee against costs, claims or damages for which Franchisee is otherwise responsible under this Franchise, and (d) Franchisee shall provide to the City a copy of as-built drawings of the City Facilities. Franchisee has voluntarily agreed to this Section 20.2 as a matter of contract even if it is deemed to be more than the requirements of applicable law. Section 21. Indemnification Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, actions and liabilities (including costs and all attorneys' fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Franchise to the extent caused in part or in whole by the acts, errors or omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the Franchisee's breach of any provision of this Franchise; provided, however, that this section shall not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against claims or damages arising from the negligence or willful misconduct of the City, its agents or employees. In the event any claim, demand, suit or action is commenced against the City, which gives rise to Franchisee's obligation pursuant to this Section 21, the City shall promptly notify Franchisee thereof. Franchisee's selection of an attorney to defend any such claim, demand, suit or action shall be subject to the City's approval, which shall not be unreasonably withheld. Franchisee shall not settle or compromise any such suit or action except with the prior written consent of the City, which shall not be unreasonably withheld. The City shall have the right at all times to participate through its own attorney in any suit or ::,ction which arises pursuant to this Franchise when the City determines that such participation is required to protect the interest of the City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise, Franchisee agrees to defend, hold harmless and indemnify the City to the maximum extent permitted thereunder, to the full extent K:\TELECOM\metromedia4 1-25 .doc 1-30-01 Ordinance No. , Page 10 of Franchisee's negligence. The provisions of this Section 21 shall survive the expiration or termination of the Franchise for a period of three (3) yeaï3. Section 22. Insurance 22.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following insurance, in such forms and with such carriers as are satisfactory to the City. (a) Workers compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (b) Commercial general liability insurance with combined single limits of liability of not less than $2,000,000 for bodily injury, including personal injury or death, products liability, contractual coverage, operations, explosion, collapse, underground and property damage; and (c) Automobile liability insurance with combined single limits of liability of not less than $2,000,000 for bodily injury, including personal injury or death and property damage. 22.2 Mandatory Insurance Provisions. The comprehensive general liability insurance and automobile liability insurance policies shall be endorsed to contain the following prOVISIOns: (a) The City, its officers, elected officials, employees, and volunteers are to be named as additional insureds; (b) Coverage shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability; . (c) Coverage shall not be suspended, canceled, modified or reduced except after thirty (30) days prior written notice to the City delivered by certified mail, return receipt requested; and (d) Coverage shall be primary as to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance by the City, its officers, officials, employees or volunteers shall be in excess of Franchisee's required insurance. 22.3 Verification of Coverage. Franchisee shall furnish the City with certificates of insurance and original endorsements evidencing the coverages required by this Section. The certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the commencement of any work. At the City's request, Franchisee shall deliver certified copies of all required insurance policies. K:\TELECOM\metromedia4 1-25.doc 1-30-01 Ordinance No. , Page 11 Section 23. Bond Before commencing work within the City, the Franchisee shall post a bond in the amount of 120% of the value of work to be performed in connection with the Facilities to guarantee performance of the construction, performance, maintenance or repair in accordance with any permits required by Section 7, with the standard of performance as referenced in Section 8, and with the City's rights as specified herein. Procedures for submission and release of the bond shall be as provided in FWCC Sections 22-146 and 22-175 or as otherwise provided in the City Code. In the event that the Franchisee fails to perform as required herein or by any permits required by Section 7, the City may perform the work as provided in Section 11 above, and may have recourse to the bond in addition to or in lieu of the remedies provided in Section 11, at the City's sole discretion. Franchisee shall be entitled to return of the bond, or portion thereof, as remains sixty (60) days after the expiration of the term of the Franchise, provided the City has not notified Franchisee of any actual or potential damages incurred as a result of Franchisee's operations pursuant to the Franchise or as a result of default thereunder. Section 24. General Provisions 24.1 Entire Agreement. This Franchise contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 24.2 Modification. No provision of this Franchise may be amended or added to except by an agreement in writing signed by both of the parties. 24.3 Assignment and Leasing ¡Subleasing. 24.3.1 Assignment. This Franchise may not be assigned or transferred without the prior, express, written approval of the City, which approval shall not be unreasonably withheld, provided that the Franchisee shall have the right to mortgage its rights, benefits and privileges in and under this Franchise to secure any indebtedness without notice or approval. Any attempted assignment or transfer in violation of this section shall be void. The transfer of the rights and obligations of Franchisee to a parent, subsidiary, affiliate, or to any successor-in- interest or entity acquiring fifty-one percent (51%) or more of Franchisee's stock or assets, shall be deemed an assignment. The City's review of a proposed assignment or transfer shall be based on the following criteria: (i) the transferee shall have technical expertise, capabilities and financial strength to meet the obligations of the Franchise and being at least equal to or greater than that of Franchisee during the twelve (12) months prior to the transfer; and (ii) the proposed transferee's record of performance under similar agreements. Further, the transferee shall assume all of the obligations of Franchisee hereunder, and Franchisee shall not be released from the obligations of this Franchise by virtue of such transfer until the City consents to such transfer or assignment. Franchisee shall give to the City thirty (30) days' prior written notice of any such proposed assignment or transfer and shall provide all necessary information to the City, including financial data and proof that the assignee/transferee shall assume all obligations of this franchise, in order to enable the City to evaluate whether the proposed transferee satisfies the foregoing criteria. The City shall take action on the proposed assignment or transfer no later K:\TELECOM\metromedia41-25.doc 1-30-01 Ordinance No. , Page 12 than ninety (90) days of receipt of all necessary information. In the case of any proposed transfer for which the City's approval is required hereunder, Franchisee agrees that the City's reasonable expenses incurred in reviewing such transfer or assignment proposal are Franchise administration expenses, which shall be reimbursed pursuant to Section 20.1 herein. To the extent allowed by law or a court of competent jurisdiction, the City shall treat documents and financial data provided by Franchisee for City evaluation under this Section as confidential and exempt from public disclosure. Within thirty (30) days of the date of any approved assignment or transfer, Franchisee and assignee or transferee shall file written notice of the assignment or transfer with the City together with written acceptance of all terms and conditions of this Franchise. 24.3.2 Leasing I Subleasing. Notwithstanding the provisions of Section 24.3.1 above, Franchisee may, in the ordinary course of its business lease or sublease a portion of the Facilities to other entities, provided that Franchisee shall not permit any such lessee or sublessee to locate, service, repair, relocate, remove or control the leased or subleased Facilities until the lessee or sublessee has first obtained a franchise from the City. Franchisee may grant a right of user interest in the Facilities or offer or provide capacity or bandwidth from the Facilities without the prior written notice or consent of the City, PROVIDED THAT Franchisee shall at all times retain exclusive control over the Facilities and shall remain responsible for locating, servicing, repairing, relocating or removing the Facilities pursuant to the terms and conditions of this Franchise. In the event Franchisee desires to enter into an agreement to transfer the ability to locate, service, repair, relocate, remove or control of the Facilities, Franchisee shall comply with the provisions of Section 24.3.1 herein and provide notice of the name, mailing address and telephone number of any person or entity proposing or requesting to obtain control of the Facilities, so that the City may contact and discuss franchise requirements with said person or entity. Any agreement entered into in violation of this subsection shall be void. 24.3.3 Tax Enforcement. To the extent not prohibited by applicable law, within thirty (30) days of a written request of the City with respect to Franchisee's customers within the City, Franchisee shall provide such information deemed necessary by the City to determine the compliance of Franchisee and Franchisee's customers with FWCC Chapter 14, Article 5. Any such information provided by Franchisee shall be treated as confidential and shall not be made public in accordance with FWCC Section 14-181. 24.4 Attorney Fees. In the event the City or the Franchisee defaults on the performance of any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or any part thereof or for the collection of any monies due, or to become due hereunder, in the hands of an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise shall be King County, Washington, unless a court of competent jurisdiction determines that an administrative agency outside of King County has primary jurisdiction, in which case venue shall be at said administrative agency. 24.5 No Waiver. Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof, or delay in taking any action in connection K:\TELECOM\metromedia41-25.doc 1-30-01 Ordinance No. , Page 13 therewith, shall not waive such breach or default, but such party shall have the right to declare any such breach or default at any time. Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. 24.6 Governing Law. This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 24.7 Authority. Each individual executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual is duly authorized to execute and deliver this Franchise, respectively, on behalf of the Franchisee or the City. 24.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: Franchisee: Metromedia Fiber Network Services, Inc. Attn: V.P. Legal Affairs 360 Hamilton Ave. White Plains, NY 1060 I City: City of Federal Way Attn: City Attorney 33530 1st Way South P. O. Box 9718 Federal Way WA 98063-9718 Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 24.9 Captions. The respective captions of the sections of this Franchise are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 24.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise are not intended to be exclusive but shall be cumulative with all other remedies available to the City at law, in equity or by statute. Section 25. Severability If any section, sentence, clause, or phrase ofthis Franchise should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Franchise. K:\TELECOM\metromedia4 1-25.doc 1-30-01 Ordinance No. , Page 14 Section 26. Ratification Any City act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. PASSED by the City Council of the City of Federal Way this ,2001. day of CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\TELECOM\metromedia4 \-25,doc \-30-0 I Ordinance No. , Page 15 ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above-granted Franchise and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this - day of ,2001. METRO MEDIA FIBER NETWORKS, INC. By: Its: K:\TELECOM\metromedia4 1-25.doc 1-30-01 Ordinance No. , Page 16 EXHIBIT A K:\TELECOM\metromedia41-25.doc 1-30-01 Ordinance No. , Page 17 MEETING DATE: February 20, 2000 ITEM# ..Ja- CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: SR 99 Phase I Right-of-Way Improvements I Condemnation Ordinance CATEGORY: BUDGET IMPACT: _CONSENT -X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Draft condemnation ordinance. SUMMARY/BACKGROUND: On November 7, 2000, the City Council authorized staff to acquire right- of-way for the Pacific Highway South HOV Lanes Phase I street improvement project (S. 312th Street to S. 324th) for fair market value. Staff then contacted the property owners to negotiate the purchases. Staff were successful (or anticipate that they soon will be) for only sixteen (16) ofthe thirty-five (35) parcels. For the remaining nineteen (19) parcels, staff were unable to obtain agreement. Some of the property owners refuse to sell because they dislike some aspect of the project and are demanding it be changed (e.g., some do not like the center median and want it deleted from the project). Others dislike the project because it will require removal of their nonconforming sign (which was required to be removed by 2/28/00 in any event). Still others are simply demanding too much money, in some cases more than 40% above fair market value. Staff therefore request that the Council adopt the attached condemnation ordinance, which authorizes the City Attorney to commence legal proceedings to acquire the necessary properties by condemnation, in order to allow the project to proceed. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A (BELOW TO BE COMPLETED BY CITY CL RJ('S OFFICE) CITY MANAGER RECOMMENDATION: Motion to forward c APPROVED FOR INCLUSION IN COUNCIL PACKET: APPROVED DENIED T ABLEDillEFERREDINO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # ~3 COUNCIL ACTION: K: \Agnditem \S R99condmn. doc ORDINANCE NO. DRAFT .:vIi! 0 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 'FEDERAL WAY, WASHINGTON, PROVIDING FOR THE CONDEMNATION, APPROPRIATION, TAKING ANDIOR ACQUISITION OF CERTAIN REAL PROPERTY ANDIOR EASEMENTS FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING RIGHT-OF-WAY IMPROVEMENTS IN THE VICINITY OF PACIFIC HIGHWAY SOUTH BETWEEN SOUTH 3UTH STREET AND SOUTH 324TH 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 LA W FOR SAID CONDEMNATION. THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Public Necessity. 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 South 312th Street and South 324th 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 South 312th Street and South 324th Street, create the potential for additional traffic :md/or traffic/pedestrian accidents, and inhibit economic development within the City Center Core and City Center Frame zones. ORD# ,PAGEl 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 2000, by CH2MHill and on file with the City of Federal Way, to wit: the construction on each side of SR 99 to achieve 2 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 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 use of property and/or easements condemned herein for the constructíon 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 of 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 or paying of just compensation to the owners thereof in the manner provided by law. ORD# , PAGE 2 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 ofthis 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 affinned. 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 ,2001. ORD# , PAGE 3 CITY OF FEDERAL WAY MA YOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDIN\CONDMNSR99ROW.DOC 2/13/2001 ORD# , PAGE 4 Ord. No. , Exhibit A Pacific Highway South HOV Lanes Phase I Property Legal Descriptions, Property Maps and Tax Account Numbers Tax Account # Owner Name Site Name 092104-9294 Clairmont Hotels, LLC Comfort Inn 092014-9046 Dana Plaza LLC Dana Plaza (Café Indochine) 092104-9286 Dana Plaza LLC Dana Plaza (Discount Tires) 092104-9223 Dana Plaza LLC Dana Plaza (Indo chine Seafood and Satay 092104-9255 De Ja VuÆverett Inc. De Ja Vu 092104-9248 Equilon Enterprises LLC, a Delaware limited liability Texaco company 785360-0186 Franchise Finance Corporation of America, Food Jack in the Box Maker 092104-9129 Haney, Steven S. & Holly A. Elephant Car Wash 785360-0185 House of Shogun, Inc. House of Shogun, Inc. 150050- KC Investments, LLC Washington State Bank 0090+A31 092104-9109 Nguyen. Thinh and Pharo, Gam T. WW Cyber Bear 082104-9228 Reid, Gae Janine VIllage Inn Pancake House 092104-9221 Sea-Tac Center Associates Dunkin Donuts, Federal Way Plaza 092104-9208 SEATAC Vll..LAGE, LLC, KURTZMAN SeaTac Village (S. 318th PROPERTIES, LLC, R. POPLAWSKI, LLC, P. driveway) POPLAWSKI, LLC, 082104-9060 US Bank U S Bank 092104-9292 Waldman Family Trust Taco Bell 092104-9113 Ken Liu Genghis Khan 092104-9118 Woelfl Family Trust Car Toys/Sleep Country 092104-9252 Yi, Chong Nam and Young Suk, WW Akasaka Restaurant Page 1 of 1 02/13/20014:16 PM .... "EXHIBIT A" ACQUISITION FROM PARCEL NO. 0921049294 The west 15.00 feet, containing 937 square feet, more or less, of the following described land: Lot 3, King County Short Plat No. 1077084, recorded under Recording Number 790222e621, in King County, Washington, said Short Plat being a portion of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington. 374696.doc l EXPIRES 9130102- Original Signature made with blue ink I I . . I I . . . I I . :2 ii:2 :i 1! :i I' :- i i :- UJ i i UJ -q i i -q . . i . a: ! i a: ,. :- i ! :- 2'.2 I. ~i' ~ C'J ,i C'J . I . . I- .. l- I' . . - I . . . ex) I' 0> . . . ! i . <.> I' <.> UJ'! UJ (I) !. (I) I' , . I' . . I' . . I i i i ¡ ! ! ! I' . . I' ¡ !/ EXISTING y;: ROW CL I I i i . i I . . I I . . I I . . I I. . I I. , I I . . I ,. . I ¡ Vi SECTION i ! LINE . I. . I I - . I I- . . I. . I I. . . I' . . !,i I I ¡ ! ! ! I I ! ..~ NTS . I . I . 3:' 0: a:. , C), 2 , -, 1-, (I), XI W' I PROPERTY LINE PROPOSED / ROW TAKE---- 0) 0> a: (I) I I- ::::> 0 (I) >- « S: I C) I <.> LL <.> « û- flY FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: GCB DATE. 09/21/00 CHECKED BY: JGM DATE 09/21/00 REVISED BY: DATE 151 .<.:-:..~~(~fD)\V7 ~ ~lr' V TAX LOT NUMBER 0921049294 PROPERTY LINE , , , , , , , , , , , I , , , .. , , , , IIÞ EXHIBIT MAP [.::'.~/:/fI' fIlE NAME' clo<mont.dlv 21-S(P-2000 16'°8'°8 -,. .~ "EXHIB IT A" RIGHT OF WAY FROM PARCEL NO'S. 0921049046, 0921049223 & 0921049286 That portion of Lots A, Band C, King County Short Plat Number 1176002, recorded under Recording Number 7702180520, being a portion of the northwest of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: Beginning at the northwest corner of said Lot A, said point being on the easterly margin of Pacific Highway South; thence along the northerly line of said Lot A, South 88°18'14" East, 9.46 feet; thence South 1°14'09" West, 98.72 feet to the northerly line of Lot B; thence South 1°12'23" West, 198.71 feet to the southerly line of Lot C; thence along said southerly line, North 88°10'45" West, 9.38 feet to said easterly margin of Pacific Highway South; thence along said easterly margin North 1°12'06" East, 297.41 feet to the Point of Beginning, containing 2,796 square feet, more or less. Original Signature made with blue ink 3754 1 O.doc I , , , ~!~ . 1 . :5:,:5: - ¡ - . í . w(w -.::t(-.::t a:~o: - I - - I . zlz NIN - f . 1-,1- - 1 - <X) to') ¡ . S - 0[0 WI W U)5U) 5 í ~ ~ EXISTING ~ ! æ ROW CL ~ 0) . 0: ~(/) I- i i:r: p- SECTION -",j g LINE ., >- z<C z~ 2(') 'I ~ O. ~- SLL 50 5~ 5 í í ~.. ~ , ~ ! ! I ~ ~ NTS FOR INFORMA nON PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS 50' Sl 01 0:1 1 ('): z l- (/) X ill ..-- -.::t I"--- 0') N '. ill w 0 ~ ';- z 1 1 I . 1 I I I 1 I PREPARED BY: GCB DATE 09/28/00 CHECKED BY: JGM DATE 00/28/00 REVISED BY: DATE S 88° 18'14" E 9.46' PROPERTY LINE LOT A TAX LOT NUMBER 0921049046 LOT 0 S 1°14109" W 98.721 PROPOSED ROW TAKE KING COUNTY SHORT PLAT 1176002 S 1° 12123" W 198.71' LOT B TAX LOT NUMBER 0921049223 @@~)f LOT C TAX LOT NUMBER 0921049286 PROPERTY LINE N 88°10'45" W 9.38' e EXHIBIT MAP Leo: :¥.~ /://111 FILE NAME' dono.dIv 02-OCT-2000 08'16'46 "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 0921049255 The west 15.00 feet, containing 675 square feet, more or less, of the that parcel described in Statutory Warranty deed recorded under Recording number 8803011450, lying within the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M. Original Signature made with blue ink 374693.doc .,' . : I J I J ~1! 2 . I J . 3: i i 3: - ¡ i ill!! w I J ~i ¡ ~ a:' i a: I . . J - I . -. J . Z!¡ Z I . ""'--. J ""'--. <"-' I . .<,,-, .. J - '-!¡ r- I . -, J I . 00 j! a> . J - I' - O.! 0 w! J w U)I' U) . J I . . J I ¡ i ¡ i ¡ ¡ ! I J , . I J ¡ !/ EXISTING 1); ROW CL I J i ¡ . . I J . i I . , J I . . J I . . J ¡ V: SECTION ¡ ! LINE I . , J I . a>' , O)! i I . . , a:! i U)! i I . . I I . . , I . I , I . . J I ..i i ¡ ¡ ! I J . . I , ~ ~ NTS 1 1 3:: 01 a: I J C)I z' -I .- I U) I xl wi 1 I I I I I PROPERTY LINE 151 TAX LOT NUMBER 0921049255 PROPOSED ROW TAKE --- ~ @Q)[?)W flY FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: GCB DATE 00/13/00 CHECKED BY: JGM DATE 00/13/00 REVISED BY: DATE PROPERTY LINE . . . I . . . . . . . . . I . . . . Þ-. . . . . I!Þ EXHIBIT MAP ['::¥I~I:I'" fLE NAME' dejovu.dY 13-SEP-2000 15'28'48 ~\ -- .. "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 0921049248 That portion of the property as described in Special Warranty Deed recorded under King County Recording Number 9101221330, being a portion of the southwest quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: Beginning at the northwest corner of said property, said point being on the easterly margin of Pacific Highway South; thence along the northerly line. South 88°17' 10" East, 2.00 feet; thence parallel to said easterly margin South 1°12'06" West, 121.62 feet; thence South 0°41'11" East, 24.99 feet; thence South 110:34'59" East, 30.76 feet; thence South 41003'15" East, 32.10 feet; thence South 2004'30" East, 4.92 feet to the southerly line of said property; thence along said southerly line North 88°17'10" West, 31.50 feet to said easterly margin of Pacific Highway South; thence along said easterly margin North 1°12'06" East, 205.00 feet to the Point of Beginning, containing 1,125 square feet, more or less. EXPIRES 9/30/t:J"lr Original Signature made with blue ink 374692.doc t \. 'i ii ii ~!!~ . II . 3: ii 3: - i i - w iiw -q-¡!-q- . II . 0: 'i 0: I. - i! - Z i! Z '1 ..- I. ..- C'-' i! C'-' . . I " I- I. I- 'I - ! i - CX)!im ,. . ,I . O!iO Wi. W en i! en ,I I. ,I V!! EXISTING , ROW CL Ii i i , . II ffi ¡IV. SECTION 0: ¡! LINE en'. -II , . II Ii! I-- 'I --. I. ....J 'I a I. en i! 'I >- ! i « I. 3: i! Ii! CJ i! -'I I !i I " 0" - !i LL I" -,I 01. « ,I n !i u.. I. ,I " , I Ii '.. II i i , . ! ! II PROPOSED ROW TAKE ffJl . I I I I S 88° 17' 10" E 2.00' PROPERTY LINE z I I -. I I I I N 88° 17' 1011 W 31.501 ~ a 0: CJ Z I-- en X W S 1° 1210611 W 121.621 8 LO C> C'-' ~ ~ w z: -.J >- I-- 0: W íL a '0: íL NTS TAX LOT NUMBER 0921049248 FOR INFORMA nON PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS W ~ C> Ñ ..- 0 ..-- S 0°41'1111 E 24.991 . S 11°3415911 E 30.761 . @@ D~41°0311511 E 32.10' PROPERTY LINE PREPARED BY: GCB DATE 09/28/00 CHECKED BY: JGM DATE 09/28/00 REVISED BY: DATE e EXHIBIT MAP filE NAME' lexoco.dIv 29-SEP-2000 08'29'45 ~.- ,~ "EXHIB IT A" ACQUISITION FROM PARCEL NO. 7853600186 That portion of the west 125 feet of Tract 37 and the west 125 feet of the south half of Tract 38, Solano Heights, according to the plat thereof recorded in Volume 30 of Plats, page 8, inKing County, Washington, more particularly described as follows: Beginning at a point on the easterly margin of State Highway No.1, where said line intersects the south line of said Tract 37; thence along said easterly margin North 1°12'06" East, 150.00 feet to the north line of the south half of said Tract 38; thence along said north line South 88°18'22" East, 15.00 feet; thence parallel to said easterly margin South 1°12'06" West, 129.53 feet; thence South 620:38'53" East, 18.94 feet; thence South 1°54'28" West, 12.28 feet to the south line of said parcel; thence along said south line North 88°18'22" West, 31.85 feet to the Point of Beginning, containing 2528 square feet, more or less. t: EXPIRES 9130102- Original Signature made with blue ink 222234.doc ill¡ a:l ~ ¡ N 01°1210611 E j 150.00' I~ I-! :J! 55 V: SECTION >- . LINE «' 3:i ~ VI EXISTING ° ROW CL LLS os rJ:. S ------------- ------- j ¡'~ --°1 . - N 88°18'22" W I (.J~~W 31.851 g uu"u'~þu_,u,u_u",u"'-""h,uŠ:'3~TH-ŠT:"u"""_Uh_U"'" "--"""'" . . ! I FOR INFORMATION PURPOSES ONt.. Y THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS ( I ¡ I . I . ~ I I I ~~~ I 3:!3: I -' - . i . W.W I "<:t . "<:t ~ . I. a:ìa: - i - ZIZ 3: N~N NTS . ~ . 0 I-SI- a: -! - C) coSO> Z . S . I- O!o (/) W W X (/),(/) W , , 501 PREPARED BY: GCB DATE 09/14/00 CHECKED BY: JGM DATE 09/14/00 REVISED BY: DATE PROPERTY LINE S 88° 1812211 E 15.00' PROPOSED ROW TAKE TAX LOT NUMBER 7853600186 SOlO 1210611 W 129.53' S 01°54'2811 W 12.28' 41> EXHIBIT MAP l.; :f. ~ i:I 1111 filE NAIAE' ffco.dlv 14-SEP-2000 15'53'36 - ... "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 0921049129 That portion of the land described in Statutory Warranty Deed recorded February 4, 2000, under Recording Number 20000204000617, being a portion of the northwest quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: Beginning at the southwest comer of said parcel; thence along the easterly line of that property conveyed to the State of Washington under Recording Number 4948897, North 4°10'39" West, 136.74 feet to the northerly line of said parcel; thence along said northerly line South 88°11'42" East, 12.81 feet to a point which lies 65 feet easterly of the right of way center line of Pacific Highway South; thence parallel to said center line South 1°12'06" West, 120.09 feet; thence South 60~6'55" East, 19.48 feet; thence South 1°48'32" West, 6.85 feet to the southerly line of said parcel; thence along said southerly line North 88°11'42" West, 17.06 feet to the Point of Beginning, containing 1,066 square feet, more or less. Original Signature made with blue ink 374698.doc :! !! II ...., II ii ji ii -ii ffi ji , i a: I- ~ !v: SECTION Ii LINE I 'I I--- I- :::> ¡! OJ! e/) 'I I' oJ >- I- « ,I :> !i :::> ,- I ,I C} !i -Ii I j- ,I () V!! EXISTING LL !I ROW CL () '- « !! 0... !! II ,- II ii ii ii ji 'j '- 0 'I . :¿ !i:¿ . I. . 3: j! 3: 'I - I- - 0 'I . W!i W I- ~ i!'~ a: j! a: oJ :-!i :- z!i z I- ...- . I ..-- '" I - '" . ,I . I--- ! i I--- I- - ,I Ij co ij 0) . i i . () '. () ill!! W e/) !! e/) II 50' N 4° 10139" W 136.74' FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS .. 1 I 1 I I I S 88° 11'42" E 12.81' PROPERTY LINE ~ ~ @(Q)~W NTS PROPOSED ROW TAKE PREPARED BY: GCB DATE 09/25/00 CHECKED BY: JGM DATE 09125100 REVISED BY: DATE 3 0 0: C} Z l- e/) X UJ S 1° 12106" W 120.09' TAX LOT NUMBER 0921049129 S 60° 26155" E 19.48' S 1° 48'32" W 6.85' ----~--------------- N 88° 11142" W 17.061 qþ EXHIBIT MAP l';; :¥. ~ /:/1'" filE NAME' mOfckx.dIv 02-0CT -2000 11'21'52 - ~> "EXHIBIT A" ACQUISITION FROM PARCEL NO. 7853600185 The west 15.00 feet, containing 2,250 square feet, more or less, of the following described parcel: . Parcel A as delineated on King County Short Plat Number 1076066, as recorded under King County Recording Number 7612080558, said short plat being a portion of Tracts 37, 38 and 39, Solano Heights, according to the plat thereof recorded in Volume 30 of Plats, page 8, in King County Washington. Original Signature made with blue ink 375407.doc " :;i!:;i . I - 3:i3: . - I - t..Üit..Ü ~¡~ 0:10: . ~ . :z~:z N!N . !' I-!I- ~I; . i . o~o WI W U)iU) l l ! . . ! I . I i , . l j ~ ~ !v EXISTING ROW CL S J , 2 i ~ / EXISTING V ROW CL I ! , !~ ! I ~ t NTS õ) 0) a: U) I I- :::::> a U) >- « 3: I C) I 0 IL 0 « CL fjJl FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: GCB DATE 04/04/00 CHECKED BY: JGM DATE 04/04/00 REVISED BY: GJB DATE 00/22/00 3: a a: C) :z I- U) X W I I I I I 151 I I "1 I I PROPERTY LINE ~ PROPOSED ./' ROW TAKE TAX LOT NUMBER 7853600185 ,(: '." '.~."'~' ,; ~...;,)n(1" t, ::~" ',': ¡-~\V ~~lr PROPERTY LINE e EXHIBIT MAP l~:;m:1/I1f fILE NAME' shoqun.dIv 22-SEP-2000 16'02'43 "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 1500500090 That portion of Lot 9, Century, according to the plat thereof recorded in Volume 104 of Plats, pages 68 through 72, inclusive, King County, Washington, lying southerly and easterly of the following described line: Commencing at the northeast comer of Said Lot 9; thence along the northerly line of said Lot 9, North 88°48' 13" West, 10.86 feet, to the Point of Beginning of said "described line; thence parallel to the westerly margin of Pacific Highway South, South 1°12'23" West, 200.00 feet; thence North 88°47'20" West, 4.14 feet; thence parallel to said westerly margin South 1°12'23" West, 42.69 feet; thence South 61°51 '07" West, 22.95 feet; thence perpendicular to the northerly margin of South 324th Street as shown on said plat South 1°14'00" West, 13.49 feet to the southerly line of said Lot 9, said point being a point of tangency with the northerly margin of South 324th Street, and being the end of said line description, containing 3,303 square feet, more or less. :;¡ EXPIRES 9130/02.-- 374672fee.doc N 88°48'13" W 10.86' PROPERTY LINE S 1° 1212311 W 200.00' LOT 9 PLAT OF CENTURY TAX LOT NUMBER 1500500090 FOR INFORMATION PURPOSES ONLY. THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS cg@[F))f S 61°51'07" W 22.95' S 1° 14'00" W 13.49' - -- - _BPj~_'=-I!:J~- - - - - --- S. 324TH ST. PREPARED BY: GCB DATE 09/25/00 CHECKED BY: JGM DATE 09/25/00 REVISED BY: DATE ~ 0 a: C) z I- C/) X w ( ¡ ¡ . ~ . ~~~ ~~~ f -. - - f - W¡W ~i~ cÏ~cÏ ~ : ~ : z~z -r-~-r- '"'!~'"'! I-Sl- - 5 - .r--SU) T""-$T""- . S . 0.0 w~w C/)2C/) 2 i!õ) i!0) i!a: ~C/) ~- ~:r: ~I- -::> iÍo !C/) 11>- ~« ~~ ~:r: -, C) ~- !i :r: I' .! 0 !iLL ~- ~o I' « ¡! 0... -, .' 501 ~ ¡ NTS , -I I, ", I, ", I, ", i¡ ~ EXISTING iV ROW CL "I I, ", SECTION~¡i LI NE "ii !! !! II EXHIBIT MAP rD.E NAME' kcinvsl1.dlv e 02-0CT-2000 11'53'32 "EXHIBIT B" EASEMENT FROM PARCEL NO. 1500500090 That portion of Lot 9, Century, according to the plat thereof recorded in Volume 104 of Plats, pages 68 through 72, inclusive, King County, Washington, described as follows: Commencing at the northeast comer of said Lot 9; thence along the northerly line of said Lot 9, North 88°48' 13" West, 10.86 feet, to the True Point of Beginning; thence parallel to the westerly margin of Pacific Highway South, South 1°12'23" West, 200.00 feet; thence North 88°47'20" West, 4.14 feet; thence parallel to said westerly margin North 1°12'23" East, 200.00 feet to the northerly line of said Lot 9; thence along said northerly line South 88°48' 13" East, 4.14 feet to the Point of Beginning, containing 828 square feet, more or less. 374672ease.doc I I I I I I I I I I I I I I I I I I I I I I I I I I I I I. I I I I I I I I PROPOSED -----+--- : ROW TAKE I : .." I .." I .." I I " I ,," ROW LINE I / ---------------------~--- S. 324TH ST. N 88°48'13" W PROPERTY LINE 10.86' 4.14' PROPOSED EASEMENT LOT 9 PLAT OF CENTURY TAX LOT NUMBER 1500500090 FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS cg(Q)~\'f N 1° 12'23" E 200 . 001 N 88° 47'20" W 4.141 PREPARED BY: GCB DATE 09/25/00 CHECKED BY: JGM DATE 09/25/00 REVISED BY: DATE c i i ~I~ 3:!3: , -, - ., . WjW ~ì~ a:~a: , : ~ : :z~:z ..-~..- C'!~C'! I-~I- - S - I"-- LD ..-~..- Ö!Ö w~w (/)2(/) ~ lõ) S 1° 12'23" W ~;: 200.001 ~ (/) ~- ~I ~I- /:J pO ¡¡(/) ~ 11>- ~« ~3: iiI ij C) !¡ I " .10 !i- !i LL "0 i! « i! (L ,I " .. j~ -I " i! j! " ¡¡ ~ EXISTING iV ROW CL i! " SECTION~¡i LINE 'ii !1 " -, II , , I I I I I I I I I , I 13: 10 :a: I ,(9 12 1- II- I(/) IX 'W I I ~ ¡ NTS 501 e EXHIBIT MAP l~:¥.~I:III" fR.E N~E' kc;,wsI2.dlv 02-0CT -2000 1"30'09 "EXHIBIT A" ACQillSITION FROM PARCEL NO. 0921049109 That portion of Lot 1, King County Short Plat Number 1283104, recorded under Recording Number 8411210278, being a portion of the northwest quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: Beginning at the southwest comer of said Lot 1, being on the east margin of Pacific Highway South; thence along said east margin North 1°12'06" East, 75.00 feet to the north line of said Lot '1; thence along said north line South 88°18' 14" East, 9.50 feet; thence South 1°14'09" West, 75.00 feet to the south line of said Lot 1; thence along said south line North 88°18' 14" West, 9.46 feet to the Point of Beginning, containing 711 square feet, more or less. Original Signature made with blue ink 375411.doc .! . :2!:2 .. . 3=.3= . ~ø ~ t.Ü-t.Ü ~~~ . ~ . a:~a: ~l ~ zlz ......-2.....- C"JZC"J 'z . "'-Z"'- ~. ~ co~O) J . 050 wSw (/)S(/) S Vi SECTION LINE ~ ! V; EXISTING . ROW CL ø - - ~ ~ ~ l l Z Z Z ~ 5 5 5 S S S ~. "- II .. ~ ! . ~ I NTS N 1° 12'06" E 75.00' õ) 0) a: (/) I I- ::J 0 (/) >- « 3: I C) I 0 LL 0 « CL fjJ' FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: GCB DATE 09/25/00 CHECKED BY: JGM DATE 09/25/00 REVISED BY: DATE 3: 0 a: C) Zl -I "'-1 (/). XI Wi . . . I I I -. . I . I . . I . I . . I . . . . . . . S 88° 18'14" E 9.50' PROPERTY LINE PROPOSED ROW TAKE TAX LOT NUMBER 0921049109 S 1°14'09" W 75.00' PROPERTY LINE N 88° 18114" W 9.46' @@[f)W e EXHIBIT MAP FilE N~E' nguyen.dlv "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 0821049228 The east 13.00 feet, containing 1,430 square feet, more or less, of the following described parcel: . The south 110 feet of the southeast quarter of the northeast quarter of the southeast quarter of the southeast quarter of Section 8, Township 21 North, Range 4 East, W.M., in King County, Washington, lying westerly of State Highway No. 1. Original Signature made with blue ink 374682.doc PROPERTY LINE PROPOSED ROW TAKE TAX LOT NUMBER 0821049228 PROPERTY LINE ~~~w I I I I I I I I I I 3: 0 a: C) z I- U? X w 131 EXISTING ROW FOR INFORMA nON PURPOSES ONlY 11-IIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: GCB DATE 00/19/00 CHECKED BY: JGM DATE 00/19/00 REVISED BY: DATE ~ ~ . i ¡ - :2 ii:2 . ¡i' 3: i i 3: . . - I I - wi i w ~ ¡! ~ . I I . a:i!a: - i I - z i! z .- i! .- C\! i! C\! I- i! I- - i ! . , oo!i (j) I . . . I . o! i 0 LUI"LU U?j! U? . I ! i ! ¡ ! ¡ ! ¡ I ¡ j ¡ j ¡m . " 0) I' a: i i U? ,.- I , ¡! I "1- i i ::> i i 0 i i U? EXISTING! ! ~ ROW CL~! ! 3: "I I ! C) i! I i! 0 'I - ! ¡ LL ! ¡ 0 I' <{ i ! (L . ! , ! ¡ ! i SECTION! i LINE ~! ! I , I . . . ! ! I , NTS flY 4Þ EXHIBIT MAP filE NAIAE' ,.id.dIv l-i :,.~ 1:11111 19-5EP-2000 14'11'46 "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 0921049221 That portion of Lot 1, King County Short Plat Number 1283007, as recorded under Recording Number 8404160949, being a portion of the southwest quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: Beginning at the northwest corner of said Lot 1, being on the easterly margin of Pacific Highway South; thence along the northerly line of said Lot 1, South 88°18'01" East, 18.60 feet; thence South 51002'12" West, 8.66 feet; thence South 10:39'31" West, 64.61 feet; thence South 2004'22" East, 30.07 feet; thence South 1002'57 West, 109.40 feet to the southerly line of said Lot 1; thence along said southerly line North 88°47'54" West, 13.48 feet to the easterly margin of Pacific Highway South; thence along said easterly margin North] °12'06" East, 209.78 feet to the Point of Beginning, containing 2,673 square feet, more or less. EXPIRES 9/3010" Original Signature made with blue ink 374690FEE.doc 'I !~ ! ! . II . :2":2 . I I . 3:!!3: II :- i i :- WjiW ..q i i ~ a: i! a: 'I I. :- i' :- z'iz " T- 'I ..- C\J !' C\J . I! . \- .. \-- I, - i! - " ex:> I ' CJ) ,I . 'i. oi,O W'!W (/) ! I (/) I . ,I I' , I ¡!r EXISTING iK. ROW CL Ii , . ! ! II i V: SECTION i. LINE ó)ji CJ) , . ,I 0:' i (/) I. -Í' . i I. Ii! \- 'I :::> ! i 0 I, (/) i! 'I " >- 'I « ! i 3: ! i I" C) i! _,I I !i " 0,1 -Ii LL i i 0 '. « !! (L !,!. II , , II , . II SO' 65' ill a ~ ~ :z 3: 0 a: C) :z - (/) x W I I . I I I S 88° 18'01" E 18.60' PROPERTY LINE S 51°02'12" W 8.661 ex:> I'- CJ) a C\J S 1°39'31" W 64.61' W S 2°04'2211 E 30.07' PROPOSED ROW TAKE TAX LOT NUMBER 0921049221 S 1°02'5711 W 109 . 401 ~ I NTS LOT 1 KING COUNTY ~@~~ORT PLAT 1283007 N 88°47'54" W 13.481 PROPERTY LINE FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: GCB DATE 09/29/00 CHECKED BY: JGM DATE 09/29/00 REVISED BY: DATE EXHIBIT FilE NÞME' seo-toc-'Iy fÞ MAP !.; :¥. U: 1/1 II OJ-GCT-20G0 14'42'26 "EXHIBIT B" EASEMENT FROM PARCEL NO. 0921049221 That portion of Lot 1, King County Short Plat Number 1283007, as recorded under Recording Number 8404160949, being a portion of the southwest quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washingtôn, more particularly described as follows: Commencing at the northwest corner of said Lot 1, being on the easterly margin of Pacific Highway South; thence along the northerly line of said Lot 1, South 88°18'01" East, 18.60 feet; thence South 51002' 12" West, 8.66 feet; thence South 10:39'31" West, 0.80 feet to the True Point of Beginning; thence South 88~O'29" East, 3.00 feet; thence South 10:39'31 West, 60.81 feet; thence South 88°57'03" East, 21.00 feet; thence South 1002'57" West, 5.00 feet; thence North 88°57'03" West, 23.92 feet to a point hereinafter referred to as point "A"; thence North 2004'22" West, 2.03 feet; thence North 10:39'31" East, 63.81 feet to the Point of Beginning, containing 302 square feet, more or less. TOGETHER WITH Commencing at the aforesaid point "A"; thence South 2004'22" East, 26.04 feet to the True Point of Beginning; thence South 88°57'03" East, 22.50 feet; thence South 1002'57" West, 5.00 feet; thence North 88°57'03" West, 19.39 feet; thence South 1002'57" West, 29.40 feet; thence North 88°57'03" West, 3.00 feet; thence North 1°02'57" East, 32.40 feet; thence North 2004'22" West, 2.00 feet to the Point of Beginning, containing 200 square feet, more or less. EXPIRES 9/3OÞ2, Original Signature made with blue ink 374690ease.doc i : , I I . , I U I . , I . ! i . :2 I ':2 . ,I . 3: ¡ ¡ 3: , I :-! i :- õ) w! ¡ w 0) ~!! ~ . I I . 0:: 0:: ' . 0:: (/) !! ~ I I ~ :Z ! ¡ :Z I I ..-- , . ..-- NI !N . 'I . I-! il- I . ~'I - I . CO ¡ ! 0) , I . I. . U¡ !U W'IW (/)! i U) I . , I I . , I ¡ !/ EXISTING V: ROW CL , I I . , I I . i ¡ SECTION ¡ r LINE' N 2°04'22" W ¡ i 2.031 i ¡ PO INT IN ! ! 1 I FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS . I : S 88°18101" E -i [ 18.60' S 51°02112" W-;------ .,' E8.QE.ERTY LINE 8.66' :./'- I . I --¡ I I I I I I . ..-- . co I cv5 PROPOSED~I ~ ROW TAKE I . W . . . 3:1 o' 0::: CJ: 2. -I 1-. (/)1 XI wi I I I I I 501 S 1°39131" W 0.80' I I- :::> 0 (/) >- « 3= I CJ :r: U LL U « Q (Q) @ ~ ~ ~ ~ S 88° 20129" E 3.001 ;:- ("I') ~ S 1°39131" W 60.811 NTS TAX LOT NUMBER 0921049221 0 ..-- PROPOSED WALL EASEMENT 2 LOT 1 KING COUNTY SHORT PLAT 1283007 I \ S 88° 57'03'1 E 21. 00', S 1°0215t' W 5.00' N 88° 57103" W 23.921 I I . - I i MATCH LINE SEE SHEET 2 PREPARED BY: GCB DATE 09/29/00 CHECKED BY: JGM DATE 09/29/00 REVISED BY: DATE EXHIBIT MAP SHEET 1 OF 2 FILE NAME' seo'\ac2.dlv I I I . , I 1 . . I I . , I I . , I I . , 1 I . , I õ) I' 0) i! -.!. 0: ! I (/) I' - ,I I y- EXISTING ~ r¡ ROW CL ::> !! ~ ! V! SECTION ¡. LINE >- I' ~ .! ! ~ ¿! ! . I .1 I¿ G ~ ¡ 1;: - I I I-I. . ¡ I :- OW, iw I . ü:: ~; !~ - . I I . 0 0:1 '0: ~ ¡! 0... :- ¡ ! :- Z; !Z I I ~! i"- .1 .N I- ¡ ! ¡...: I I -I i ¡ . - 00 I I....... I . '--'~ I I 0.1 i . 1.0 WI IW (/) ¡ i (/) 501 MATCH LINE SEE SHEET 1 I : --: ~ ~! E I ¡ I ' I 1 1 FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS NTS N 2°04122" W 2.001 : 1 1 PROPOSED: ROW TAKE~ ~:~ @ 0: 0:1 1 GI try z: ~ 1-1 ~ (/)1 0 xl wi ~ ~ 1 1 1 1 I I 1 1 S 2°04122" 26.041 PREPARED BY: GCB DATE 10/02/00 CHECKED BY: JGM DATE 10/02/00 REVISED BY: DATE S 88° 57'03" E , 22.501 PROPOSED WALL EASEMENT ò ~ N CV) I wi S 1°02157" W 5.001 N 88° 57'03" W 19.391 Eo N ~I S 1°02157" W 29.401 z I \ N 88° 57'0311 W 3.001 TAX LOT NUMBER 0921049221 LOT 1 KING COUNTY SHORT PLAT 1283007 EXHIBIT MAP SHEET 2 OF 2 FILE NAME' lto'looJ.dly ÓJ:ocf-:jooo 14'59'" "EXHIBIT A" ACQUISITION FROM PARCEL NO. 0921049208 The west 15.00 feet, containing 750 square feet, more or less of the following described parcel: That portion of the land described in statutory warranty deed and recorded under Recording Number 19990824000966, in Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington. 374691.doc ! ! ! ! . I I . L i i L :ii! :i I I : i i - w'i w ! . ~ I! ~ . . I - a: ! i a: I . : i! - 2 i! 2 ~ i! ~ ~ i! C'-I I- i! F- . I - I . . 1 co!i (J) . ! i () I' () wi! w (I) i! (I) . I ! i ! i ! i i . . I 1 ¡ V- EXISTING 1A ROW CL I I i i i i i i - i i w. . WI ! g:i ! (I) i ! . 1 II V: EXISTING b i ! ROW CL ~i . . i ! (I). 1 I . . 1 ! i ! i ! i ! i ! i I .. i ! i i i i i i i i . . I 1 1 I I , 1 I 3:' o' a:' , ø: 21 -, (I)' -I X. W, , , 1 . PROPOSED --- ROW TAKE ~ [fJ' FOR INFORMA nON PURPOSES ONLY TIns DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: GCB DATE 09/22/00 CHECKED BY: JGM DATE 09/22/00 REVISED BY: DATE ~ ~ NTS PROPERTY LINE TAX LOT NUMBER 0921049208 151 . . . . . . . . . . . . . . "'I . . . . . . . PROPERTY LINE . ". ~ ....--...~ . . '-"o.'.I~'." . . '.;;O_} \ \ ° ... .;! '---' '~'~ EXHIBIT MAP rLE NAME' mblc.dlv e l~:'.~t:Ill" 22-SEP-2000 15'52'28 "EXHIBIT A" ACQUISITION FROM PARCEL NO. 0821049060 That portion of the south half of the southeast quarter of the southeast quarter of the northeast quarter of Section 8, Township 21 North, Range 4 East, W.M., in King County, Washington, EXCEPT the north 149.00 feet thereof, more particularly described as follows: Beginning at a point <?n the westerly margin of State Highway No.1, where said line intersects the south line of said north 149.00 feet of above stated subdivision; thence along said westerly margin South 1°13'10" West, 114.04 feet to a point of tangency with a 25.00-foot radius curve; thence along said curve and that property conveyed to King County, Washington as recorded under Recording Number 8605280615, to the right with a central angle of 89°53'30", an arc distance of 39.22 feet to a point of tangency and being 42.00 feet north of the south line of aforesaid subdivision; thence along said line North 88°53'20" West, 16.06 feet to a point of tangency; thence along a 21.oo-foot radius curve to the left with a central angle of 89°53'12", an arc distance of 32.94 feet; thence North 1°13'28" East, 118.03 to the south line of said north 149.00 feet of above stated subdivision; thence along said line South 88°54'36" East, 20.04 feet to the Point of Beginning, containing 2,747 square feet, more or less. Original Signature made with blue ink 375403.doc ! ~!~ . I . 3:i3: -. - '. . w,w . ~j~ a:ja: - ~ - 2qZ ~!~ .-:¡.-: -~ - COt 0) Ó!Ó WIW U:>lU:> l l ~ ~ ~ , , , , - 0) . 0) I .0: i~ . 3: ì:r: a j~ a: ~o ~ ~u:> z 5~ ~ !~ u:> 53: x ~:r: W !;g EXISTING ~ ! 0 ROW CL , LL L~~W ~ ~ ~Q SECTION~ I LINE ~ ! I . I . .- PROPERTY LINE N88°54'36I1E 20.04' ! ~ N 1° 1311011 E 114.041 PROPOSED ROW TAKE NTS - N 1° 13128"E 118.03 501 TAX LOT NUMBER 0821049060 6. = 89°53'12" R = 21.00' L = 32.94' --------- N88° 53'20IlW 16.061 6. = 89°53130" R = 25.00' L = 39.22' FOR INFORMATION PURPOSES ONLY nilS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARÖS PREPARED BY: GCB DATE 09/19/00 CHECKED BY: JGM DATE 09/19/00 REVISED BY: DATE EXHIBIT MAP filE NAME' usbank.dlv e l~:¥n:/II" 19-5[P-2000 16'06'26 "EXHIBIT B" EASEMENT FROM PARCEL NO. 0821049060 That portion of the south half of the southeast quarter of the southeast quarter of the northeast quarter of Section 8, Township 21 North, Range 4 East, W.M., in King County, . Washington, EXCEPT the north 149.00 feet thereof, being more particularly described as follows: Commencing at a point on the westerly margin of State Highway No.1, being 50.00 feet westerly of the right of way center line, where said line intersects the south line of said north 149.00 feet of above stated subdivision; thence along said north line North 88°54'36" West 20.04 feet to the True Point of Beginning; thence South 1°13'28" West, 118.03 feet; thence along a 21.00-foot radius curve to the right with a central angle of 40~2'03", an arc distance of 14.80 feet; thence. North 1°13 '28" East, 131.62 feet to said north line; thence along said north line South 88°54'36" East, 5.00 feet to the Point of Beginning, containing 637 square feet, more or less. Original Signature made with blue ink 375403EASE.doc .' " PROPERTY LINE ~ ~ PROPOSED EASEMENT NTS TAX LOT NUMBER 0821049060 / Ñ <.D ........ ~ w 00 N t2 ~ z I N 88°54136" E : 5.001 I I I I I I I I I I /, PROPOSED : ROW TAKE I I :3: 10 fa: I Ie!} IZ 1- Ir- IU) 'X IW I I I I I '.... I I I I I I I I I I I I I I I I 1 1 I I , I I I I I I I " (V) 0 ~ ........ 3: 00 N t2 ~ U) ----------- S. 312TH STREET FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS I '. . 2'2 . I . 3:i3: - i - . i . w, W , ~¡~ a:ja: - ~ - . ~ . z,z ~,~ . 5 . 1-51- -~ - coJro . . o~o WI W U)¡U) ¡ ~ ~ I ! . ~Î õ) , ro . ia: , U) , - i ~I ~ §U) 1>- S« 53: ~I J~ EXISTING ~ i 0 ROW CL 1 LL ¡o ¡<C ~o... SECTION~ I LINE ~ ! ! I f/JI cg(Q)[F)W ~ = 40022'æ" R = 21.001 L = 14.801 PREPARED BY: GCB DATE 09/19/00 CHECKED BY: JGM DATE 09/19/00 REVISED BY: DATE ~ EXHIBIT MAP l..;:f,~I:I/II1 FILE NAME' U$bonk.dlv 19-5EP-2000 16'06'26 "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 0921049292 The west 13.00 feet, containing 780 square feet, more or less, of the following described parcel: Lot 1, King County Short Plat Number 1077084, recorded under Recording Number 7902220621, being a portion of the southwest quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington. gmal Signature made with blue ink 374694.doc I ì . . ! ! I 1 ~!! ~ :>!! :i ::> I 1 . . :- I! :- wi' W -.;t ! ! -.;t . I 1 . cr: i ! cr: :- i! - 2 i ! 2 ..- i ! ..- C"Ji! ~ ,...: j ! - . . 1 -! i CO! i 0> .! i . O! i 0 WI' W U)j! U) . 1 ! i ! i ¡ V! SECTION õ)! ¡LINE 0> I 1 , . cr:! ! U) I . -¡ i I r:! EXISTING - '. ROW CL ::J! oi! U) i ! >- i ! « i ! 3: j ! I" ø! i -I. Ii! , . O! i LL! i O! i «! i £L! i ! i ! i I i 1., , . , . I . , . I . , . I 1 ~ ¡ 3:: 01 a:1 1 Øl 21 -I - 1 U) 1 -I XI WI 1 1 1 1 PROPERTY LINE NTS 13' TAX LOT NUMBER 0921049292 PROPOSED ROW TAKE-........ " cg@~w 501 1 1 1 1 1 1 1 1 1 1 1 1 . "1 1 1 1 1 PROPERTY LINE FOR INFORMA nON PURPOSES OI'L Y THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS e PREPARED BY: GCB DATE 00/28/00 CHECKED BY: JGM DATE 00/28/00 REVISED BY: DATE EXHIBIT MAP l~:',~i:lI'" fiLE NAIA[' woldmon.dlv 28-SEP-2000 12'03'29 ,. . , .. "EXHIBIT A" ACQUISITION FROM PARCEL NO. 0921049113 The west 15.00 feet, containing 1,500 square feet, more or less, of that property described in Statutory Warranty Deed recorded under Recording Number 7302270085, lying within the northwest quarter of the southwest quarter of Section 9, Township 21, North, Range 4 East, W.M., in King county, Washington. Oñginal Signature made with blue ink 374699.doc !! /1 '.... " .. 1/ ii ii ji ji õ) ji 0) 'i I. a: i! U) j! i! i! j! i! 'I ! i ! i ,. 1V: SECTION !i LINE /, i' ,I !i /i j i 11 ! ! II ,. II V:! EXISTING !I ROW CL ¡i j 1 . ¡I. ~ i1 ~ ~ i!~ - j! . i I :- W ,i W /. ~ 'I ~ . ! i . a: I- a: 'I - Ii - :Z 1i :Z ,.- ! i ,.- ~!i N I-!i ~ Ii - ii co ii 0) . ¡i. 0" 0 w!! W U)IIU) Ii 501 I l- => a U) :r « ~ I CJ I () LL 0 « 0.... FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: GCB DATE 00/21/00 CHECKED BY: JGM DATE 00/21/00 REVISED BY: DATE 3: a a: CJ z: I- U) x W , I , "I I I I I I I I , I PROPERTY LINE ~ (g@ [?>W ~ NTS v- PROPOSED ./ ROW TAKE 15.00' TAX LOT NUMBER 0921049113 PROPERTY LINE I I I , I I I I , I I , I I I I I \!Þ EXHIBIT MAP l":: :¥,~ WI'II fIlE NAME' hosfeldl.dIv 21-SEP-2000 15'56'27 "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 0921049118 That portion of Lot 1, King County Short Plat Number 281023, as recorded under Recording Number 8108050296, said short plat being a portion of the southwest quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington, being more particularly described as follows: Beginning at the southwest comer of said Lot 1 being on the easterly margin of State Highway No. I. (pacific Highway South); thence along said easterly margin North 1°12'06" East, 138.58 feet; thence along a 27.00-foot curve to the right with a central angle of 900:34'24", an arc distance of 42.68 feet to the southerly margin of South 316th Street; thence along said southerly margin South 88e7J.3'30" East, 25.68 feet to a point of cusp; thence along a 45.00-foot curve to the left with a central angle of 900:34'24", an arc distance of 71.14 feet; thence parallel to aforesaid easterly margin South 1°12'06" West, 120.40 feet to the southerly line of said Lot 1; . thence along said southerly line North 88°11'42" West, 7.50 feet to the Point of Beginning, containing 1,528 square feet, more or less. Original Signature made with blue ink 374697 fee.doc ¡¡ ,- . I' - 2 ii 2 ?i 1! ?i I' :- ii :- W ii W ~ i! ..q- a: j! a: " ,- -', - z !i z I. ,-- i"""" "',iN . I- . 1-" I- ,- i: - " co I - 0> " .!i . ().- () w ,! W U)!, U) ," " ,- " !Vi SECTION ¡! LINE - ii 0> '- 0> !! It a: ,- U) II - H / EXISTING I ¡( ROW CL I- ,- :::> !! 0 I! U) " ,- >- i! « i! ~ i! I i! CJ j! - " I I- , , () !i ---' I- LL " - I' () " « !i a.. !i ,- " I- " ,- " ,- " Ii '- N ot 1t06" E 138.58' flY '. ! ! !! 1\ FOR INFORMATION PURPOSES Oi'LY lHI5 DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANOARD5 NTS ~ ~ S.316TH STREET S 88° 13'30" E 25.68' --------------- fj, = 90°34'24" R = 45.00' L = 71. 14' fj, = 90°34124" R = 27.00' L = 42.68' PROPOSED ROW TAKE TAX LOT NUMBER 0921049118 ~ 0 a: CJ z I- U) X W S 01° 12'06" W 120.40' ~~[?)W PROPERTY LINE N 88°11'42" W 7.50' PREPARED BY: GCB DATE 09/14/00 CHECKED BY: JGM DATE 09/14/00 REVISED BY: DATE EXHIBIT A e rLE NAME' _",,1I1-1.dI. 19-s(P-2000 13'55'57 l.;:¥.~I:III. "EXHIBIT B" EASEMENT FROM PARCEL NO. 0921049118 That portion of Lot 1, King County Short Plat Number 281023, as recorded under Recording Number 8108050296, said short plat being a portion of the southwest quarter of the southwest quarTer of Section 9, Township 21 North, Range 4 EasÇW:M., in King County, Washington, being more particularly described as follows: Commencing at the southwest comer of said Lot 1; thence along said southerly line South 88°11'42" East, 7.50 feet to the True Point of Beginning; thence parallel to the easterly margin of State Highway No.1 (pacific Highway South) North 1°12'06" East, 120.40 feet, thence along a 45.00-foot curve to the right with a central angle of 85°14'30", an arc distance of 66.95 feet to the southerly margin of South 316th Street; thence leaving said southerly margin South 1°46'30" West, 6.80 feet; thence South 65°18'04" West, 37.46 feet; thence parallel to aforesaid easterly margin South 1°12'06" West, 142.16 feet to the southerly line of said Lot 1; thence along said southerly line North 88°11'42" West, 7.50 feet to the Point of Beginning containing 1,317 square feet, more or less. EXPIRES 9/30/02,.. Oñginal Signature made with blue ink 374697ease.doc i¡ '. 0 II 0 2 ii 2 3 113 'I :- ii :- W ii W ~ i1 ~ 0: i! 0: " '. :- i' :- z 'i z ,. ~ i"- ~ i! ~ I- .. l- I. - j!- - " co ,- 0) " .!i 0 0,-0 W ,! W (/)!, (/) I. " ,. " ;v! SECTION i! LINE , 0 _II 0) '- 0> !! " a: .. (/) !! - V,! EXISTING :r PROW CL I- " ~ !! 0 '! (/) " I. >- i! « i! 3: i! :r i! CJ i! :r i! " 0 !i - I- LL .. - ,. 0 .. « !i {L !i ,- " ,- " I. ,I I- " Ii i¡. ii , - ! ! " NTS N 01012'06" E 120.40' ffJ' FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS ~ ¡ I I I I I I I 3:1 0: a:1 I CJI 21 -I 1-1 (/)1 XI Wi I I S.316TH STREET S 1046130" W 6.80' ",,------- '" / / / , , I I , I I I I I I I I . I I I I I . I I I I I I I I I I . -------- S 65018'04" W 37.461 Ð. = 850 14'30" R = 45.00' L = 66.95' PROPOSED WALL EASEMENT T AX LOT NUMBER 0921049118 S 01012'06" W 142.16' ~~[PW PROPERTY LINE N 88011'42" W 7.ffJ' e PREPARED BY: GCB DATE 09/14/00 CHECKED BY: JGM DATE 09/14/00 REVISED BY: DATE EXHIBIT B l-i:'.~I:1/I. fl.E NAME' woelf'-2.dv 19-5EP-2000 13'57'44 "; - - -, "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 0921049252 The west 15.00 feet, containing 1,845 square feet, more or less, of the following described parcel: That portion of the property as described in Statutory Warranty Deed, recorded under King county Recording Number 9412080915, being a portion of the northwest quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington. EXPIRES 9130101- Original Signature made with blue ink 375412.doc >' . . '. . :2!:2 . I . :5:1:5: :! : wlw '<;t!'<;t . I . a:la: - I - zlz ~I..- ~I~ 1-11- - I - colO) . ¡ - 010 W¡W (/)¡(/) f ! -I 0). 0). a: V! EXISTING ~I ROW CL í :q §I (I)! >-! ~: / SECTION IV LINE Gr Ir ot Ld -, ~, £l..¡ ¡ I ! . c'" . ! . fjJl ~ ~ NTS FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS . I . . . . . . PROPERTY LINE :5: 0 a: G z I- (/). XI WI I I I ~I I I . v-. PROPOSED ./" ROW TAKE 15' TAX LOT NUMBER 0921049252 cg@~w PROPERTY LINE PREPARED BY: GCB DATE 09/29/00 CHECKED BY: JGM DATE 09/29/00 . REVISED BY: DATE e EXHIBIT MAP l~:',~/:I/I. filE NAME' nom.dlv 29-SEP-2000 10'24'31 w C) Z ..J« «J: ¡=u Z 0 SW 295"" ST W' .... SW 294TH ST e 2prsw 29STH i1 LL 0 SW 298~ST Z W :¡¡ SW 207TH ST 90TH ST SW~ ST 0 J SW 290PL SW 3OOTH t U ~ SW~;¡LST : æ:¡¡Q U) ~ ~ ~ ~ -I11III:: ~ :¡¡ C'°ST~ ~IIIII:: j4! W ... .. JO5RD PL : .; -- SW a:: ST .De r- .i(. ~ CD SW 505TH ST .; ~~R U ~ #" , <~., ,&.,¡;' SW3O8TJ;ST"" :> ~ ~ W 0 ~ ~ 310TH ST - ~ è' g:: J: :¡¡ :¡¡ SW:311THi : ~ ~ ~ W'J!t CT ¡;: è' W'4TH "-- ~ '< N ... r- ~ ~ '< ~ :¡¡ ~ SW 318TH PL ~œ ~ sw 31OTH ST 5#317TH ST ~ CT "'" PI. 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