HomeMy WebLinkAbout4756 RESOLUTION NO. 4756
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON; AUTHORIZING
THE MAYOR TO ENTER INTO A DEVELOPMENT
AGREEMENT WITM AUBURN PROPERTIES,
INCORPORATED RELATED TO THE AUBURN
GATEWAY PROJECT
WHEREAS, Chapter 14.21 of the Aubum City Code (repealed in 2008 by
Ordinance No. 6127) and Chapter 36.70B.170 — 3670B.210 allow cfies to enter
into development agreements in order to provide greater flexibility in existing city •
standards in exchange for development that is of sign�canUy higher quality,
generating more public benefit, and providing a more sensitive proposal than that
which would be required by the existing code; and
WHEREAS, Auburn Properties, Incorporated, acting through its affiliate
Robertson Property Group ("Applicant"), filed a completed application for a
Development Agreement before the repeal of ACC 14.21, and has been working
with City staff to prepare an agreement for Council's review; and
WHEREAS, all public meeting and hearing requirements in ACC
14.21.045 and ACC 14.21.050.A have been met, as follows: a publia meeting
was held on November 21, 2002;January 28, 2003; and February 12, 2004. This
application was presented for, discussion to the Council's Planning and
Community DevelopmeM Committee on July 25, 2011 and September 26, 2011,
and was passed out of commi4tee with a do pass recommendation on October
10, 2011. The application was also presented to the Public Works Committee for
discussion on August 15, 2011 ancJ October 3, 2011, and to the Municipal
Services Committee on August 8, 2011 and October 10, 2011. The application
Resolution No.4756
Novemberl5, 2D11
Page 1 of 5
was also discussed at the Committee of the Whole committee meeting on August
29, 2011. All of these meetings were properly noticed and were open to the
public. Additionally, a duty-noticed public hearing was held on November 7, 2011
before the full City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN;
HEREBY RESOLVES as.follows:
Section 1. . That the City Council, in accordance with ACC 14.21.010B,.
makes the following findings:
1.1 The Applicant has prepared a traffic analysis, and right-of-way
("ROW) is proposed to be dedicated and improved, in order to manage vehicular
traffic associated with the project and passing through the project site. This will
proVide linkages in an area currently underserved by streefs. In particular, the
Applicant's proposal will result in dedication of right-of-way and contribution
towa�d the construction of I Street NE, a minor arterial street, which will provide
traffic relief for Aubum Way North, and will avoid more piecemeal dedication and
roadway construction;
1.2 The Applicant proposes Architectural and Design Standards to
promote pedestrian-oriented design for the development in excess than what is
currently required by Title 18 (Zoning) of the Aubum City Code;
1.3. The Applicant will be responsible for continuation of trail
construction along the south side of S. 277th Street along its site frontage. The
Planned Action Ordinance ("PAO"), to be separately adopted by the City Council,
Resolution No. 4756
Novemberl5, 2011
Page 2 of 5
requires, as a mitigation measure, that the Applicant submit a master plan for
pedestrian and non-motorized circulation for City approval;
1.4. The C-4, Mixed Use Commercial zoning adopted by the Ciry, and
giverr permanent status upon execution of the DevelopmentAgreement, requires
residential uses to be located on the upper story of multi-storied buildings,
thereby encouraging compact development;
1.5. CuRently, the City has no architectural and site design standards in
place that would apply to the entiretyof the Project;
1.6. The Applicant has, in conjunction with the City, proposed
Architectural and Site Design standards to apply to the Project to demonstrate an
enhanced level of design and quality, and to promote compatibility within the
Project boundaries;
1.7. The ApplicanY has previously taken action to provide 40,546 square
feet of wetland buffer enhancement irethe Project area;
1.8. The Applicant will provide regular written progress and status
reports, and will paRicipate in meetings with the Gity to report on project status;
1.9. The Agreement contains a process for interpretation and
modification of its provisions; -
1.10. The Agreement contains a termination provision that requires the
Applicant to develop its p[oject acxording to the terms of the agreement and the
PAO.
Section 2. That, based on these findings, the Council concludes that:
Resolution No.4756
November 15, 2011
Page 3 of 5
2.1. Based on findings 1.1 through 1.6, the Applicant has met the
criteria in ACC 14.21.010(B)(2) that the ProjecT provide efficient and effective use
of land, open space and public facilities that results in a higher quality of
development than is required by the standards of the applicable zone;
2.2. Based on findings 1.4 through 1_6, the Applicant has met. the
criteria in ACC 14.21.01Q(B)(3) to provide building and site design that
complement surrounding land uses and their environment;
2.3. Based on findings 1.7, the Applicant has met the criteria in ACC
14.21.010(B)(4) that the project provide for superior protection of critical areas;
• 2.4. Based on all of the findings above, the ApplicaM has met the
criteria in ACC 14.27.010(B)(1) that the project provide development that is
consistent with the goals and polices of the comprehensive plan;
2.5: Based on all the findings above, the proposed development will be
of significantly higher quality, will generate more public benefit, and will be a
more sensitive proposal than would be developed in the absence of the proposed
agreement.
Section 3. That the Mayor is hereby authorizetl to enter into a
Development Agreemerrt in substantially the form at Exhibit A, with Aubum
Properties, Incorporated.
Section 4: That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Resolution No. 4756
Noyember 15, 2011
Page 4 of 5
Section 5. That this Resolution shall take effect and be in full force
upon passage and�signatures hereon.
Dated and Signed this 2° 1�day of� , 2011.
TY RN
� �
P ER B. CEWIS
MAYOR
ATTEST:
!�C.(��aF\l�'�-�
Danielle f. Daskam, City Clerk
APP ED A TO FORM�
anief B. eid, Giiy Attomey
Resolution No. 4756
November 15,2011
Page 5 of 5
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF AUBURN AND AUBURN PROPERTIES,.INC.
- NOVEMBER 21,2011
11-15-11
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF AUBURN AND AUBURN PROPERTIES,INC.,
' FOR DEVELOPMENT OF THE AUBURN GATEWAY PROJECT
The CITY OF AUBURN ("City") and AUBURN PROPERTIES, INC., a Washington
corporation ("Developer") enter into the following development agreement ("Agreement") to
govern the development, use and mitigation of environmental impacts associated with ihe
development of the Aubum Gateway Project ("Project"), through constiuction of the buildings
and related physical on- and off-site uriprovements.
The Agreement is authorized by RCW 36.70B.170 through .210. It addresses Project
development standards, which aze.defined in the statute to include, for example, impact fees,
mitigation, design standards, approach to phasing, review procedwes, vesting issues, and any
other appropriate development requirements.l The Ageement provides the City and Developer
with certainty as to the type of Project that will be built, and the type of mitigation that will be
provided.
The Project, when all development improvements aze completed as contemplated for this project,
will be consistent with current local regulatory requirements in effect as of the date this
Agreement is signed.2 The development standazds in the Agreement will govern the Project for
the term of the Agreement unless amended or terminated,3 As authorized by state statute,' the
Agreement identifies, in part, the mitigation measures, development conditions and other
requirements under the State Environmental Policy Act (Chapter43.21C RCW, "SEPA")
pursuant to the Northeast Aubum/Robertson Properties Final Environmental Impact Statements
and addendums, supplements or modifications to the EIS documents for the Project. The
Agreement shall only be approved andrecorded with King County's real property rewrds after a
public hearing before the Auburn Gity Council has been he1d.5 Approval of tlus Ageement by
the Auburn City Council is a"land use decision" as defined in RCW 36.70C.020(2). As further
described below, the Parties agree that certain provisions of this Agreement may only be
appealed or challenged in accordance with the appeal procedures set forth in the Land Use
Petition Act("LUPA") (Chapter36.70C RCV�.
1. Zoning/Land Use. Tkris Agreement fulfills that portion of the obligation specified in
Section 13 of Ordinance No. 6183 (as amended), that non-condiuonal applicability of the C-4,
Mixed Use Commercial zoning designation shall only take effect upom the Parties' execution of a
development agreement. Section 13 of Ordinance.No..6183`also requires adoption of a Planned
Action Ordinance. Additionally, the Pa;ties agree to process an amendment to change-the zoning
of any property owned by the Developer as of the date of execution of this Agreement and
1 RCW 36.70B.170(3).
2 RCW 36.70B.170(1).
3 RCW 36JOB.180.
9 RCW 36.70B.170(3)(c).
5 RCW 3690B.200;RCW 36.70B.190.
Development Agredment
Page 1 of 21
11.15:1I
covered by the EIS and addendums, supplements or modifications to the EIS to C4, Mixed Use
Commercial Zoning not later than one yeaz after the date of this Agreement.
2. Location. The Project consists of approxnnately 70 acres of land in the northeast corner
of the City, generally bor3ered by South 277th Street to the north, 45th Street NE to the south,
Auburn Way North to the west, and Port of Seattle property (Tax Pazcel No. 0004200006) to the
east. Developer's property is located within ihe Northeast Auburn Special Plan Area, an
approximately 120-acre area established by the City of Aubum Comprehensive Plan in 1995 and
as subsequenfly amended by Ordinance No..6183. The property location is legally described on
Attachment 1 ("Subject Property"). Developer has a property interest in the subject pmperty.
Additional properties may become part of this Agreement through the amendment pmcess
described in RCW,36.70B.170-210. In, the event the Agreement is amended to include
additional properties, the terms of this Agreement shall apply equally to those additional
properties except as specified in the amendment(s).
3. Proiect Descriotioa The Project involves the redevelopment of the Valley 6 Drive-in
Theater complex and adjacent properties owned or controlled by Developer. The redevelopment
of the Property will include a mixture of office, retail and residential uses; provided that
residential uses shall not be construbted.on the first floor portions of buildings other than those
ancillary interior uses needed to support residential uses on upper floors including but not limited
to 1o66ies; mechanical rooms, and elevators. The parties intend to provide the Developer with
flexibility to reasonably respond to matket conditions with lia►itations mutually agreed to by
. both parties. In exchange for ttris flexibility, the City wili receive a planned mixed use
development consistent with applicable chapters of the adopted City of Auburn Comprehensive
Plan including but not limited to ttie Norttieast Aubum Special Area Plan and the goals for this
azea set forth in tlus Agreement. The entire,Project is more fully described both in Attachment 2,
which includes the Project Site Pian, and in the Northeast Aubum/Robertson Properties Final
Environmental Impact Statement(EIS) and addenda, supplements or modifications to the EIS set
forth as Attachment 3 to this Agreement The City and Developer recognize that economic
mazket conditions may cause the mix of land uses to differ slighdy from the specific atternatives
analyzed in the EIS. The land use mixture is proposed to remain consisteat with the scope of land
uses analyzed in the 2004 Northeast Aubum/Robertson Property's Environmental Impact
Statement. Mitigation will be relaLed and roughly proportional to the impacts created by RPG
development-generated traffic volumes.
4. Term of Aereement and Vestine. The term of the Agreement shall be for fifteen (15)
years from the date of the last sigiature with three distinct vesting periods described herein. The
legal requiremenu identified in the Agreement shall govem the Project as follows:
(a) Development regulatioas pertaining to land use and zoning requiremenu, such as
pernritted, conditional and prohibited uses and lot development standards but excluding
building, engineering and environmental regulations shall be the C4, Mixed Use
Commercial Zoning District, es conditionally adopted by Ordinance No. 6183, June 16,
2008 and applied to all pmperties covered by this Agreement or as set forfh in
Attachment 5. Any amendment to the C4, Mixed Use Commercial Zoning District
Development Agreement
Page 2 of 21
11.15.11
subsequendy approved by the Auburn City Council shall not be applicable to the
properties covered by this Agreement. The C4, Mixed Use Commercial Zoning District
in effect on the effective date of tlus Agreemerit shall be applicable to the subject
property for the entire fifteen(15) yeaz term of the Agreement.
- The Architectural and Site Design Standards titled: "Aubum Gateway Architectural and
Site Design Standards" ("A_rchitecfural and Site Design Standards") prepared by BRCA
October 2011 and proposed by the Developer and attached as Attachment 4 are herebg
adopted as part of this Agreement, and shall be v8sted for the term of the Ageement.
Amendments to these tlrclutect�ual and Design Standards,proposed by the Developer
shall be processed as provided for in Secdon 11 B of this Agreement.
(b) Development Regulations, except those specified in Section 4(a),that are in effect for
the entire term of the Agreement, in effect at the time of the Ciry's receipt of the full and
wmplete application for the initial development activiUes shall be applicable and govem
development for the Initial Vesting Period (IVP), to the extent_ of the development
activities included in said full and complete application. The NP shall run from the
e_ffective date hereof and ending December 31 of the Sth year following the effective date
hereof.
(c) Following the IVP a Second Vesting Period (SVP)shall be established for the 5 yeaz
period starting January 1 of the 6t° year and ending December 31 of the l0ih yeaz
following. the effective date hereof, for development activities subsequent to those
covered by the NP.
(d) Following the SVP a Third Vesting Period (TVP) shall be established for the S yeaz
period starting January 1 of the 11�' year and ending December 31 of the ISth yeaz
following the effective date hereof, for developrrient activities subsequent to those
covered by the SVP.
At the beginning of each subsequent five-yeaz vesting period, SVP and TVP, the
development regulations in eff_ect on December 31 of the last yeaz of the prior vesting
period shall replace the development regulation in effect,prior thereto, Provided, that the
development regulations specified in'Section 4(a) that are in effect for the entire tean of .
the Agreement shall not be replaged. The Developer shall be responsible for re-recording
the Development Agreement with the new regulations attached at the beginning of each
new vesting period. At the beginning of each subsequent five-yeaz vesting.period, the
development regulations in effect as of December 31 of the prior vesting period shall
replace Attachinent 5 and this Ageement shall sutomatically be amended with said
regulations with the Developer's re-recording of tlris agreement with the new regularions
attached. It shall be the responsibility of the Developar to re-record this Agreement with
the new regulations attacHed at the beginning of each Sve-year vesting period.
Notwithstanding this vesting period,the property owner(s) subject to this agreement may,
if agreed to by the City, conform to new development regulations that may from time to
time be adopted by the City by providing the City with the applicable development
regulations that apply under this Agreement or providiag the City with the applicable
Development Ageemen[
Page 3 of 21
11.15.11
development regulations the applicant elects to have applied to the application along with
a sworn statement that the properiy owner shall be:bound by the new regulations at the
time of subsequent permit application. Failure to submit said regulations with an
� application shall result in a waiver by the property owner of any claim that the City
applied the incorrect regulations and the City shall have the discretion to apply either the
yested reguladons or the current regulations.
(e) Development regulations related to public health and safety issues, including but not
limited to building codes, fire codes, mechanical codes, plumbing codes; electrical codes
and properfy maintenance codes�shall vest upon the City's acceptance of a complete
permit application for each specific permit as determined by the City through its permit
completeness determination process in accordance with Chapter 14.06 of the Auburn Ciry
Code("ACC") in effect on the date the pernut is submitted.
(� Any amendments or additions made to these legal requirements during the term of the
Agreement shall not apply to or affect the development to the extent of previously
received full and complete applications for development activity of the Project, except as
otherwise provided, or if other county, state or federal laws preempt the City's authority
to vest regulations. The City reserves the authority to impose new or different officially
adopted regulations if, and to the extent required by, a serious threat to the public health
and safety, as determined by the City.6 The City also reserves the suthority to impose
new or different officially adopted regulations, if federal or state laws change requiring
new or different standards. Developer can appeal City's determination, except for those
standards required by state or federal laws, through the normal appeal processes for
administrative decisions as provided for by ACC 14.13".010.
(g) The parties specifically agree that right-of-way requirements shall be vested for
"footprinY design" requiremenfs as of the effective date of this Development Agreement,
but "technical design" reguirements shall be established as of the date of the complete
permit application as determined by the City through its permit completeness
determination ,process in accordance with Chapter 14.06 of the Auburn City Code
("ACC") in effect on the date the permit is submitted:
(h) The vested rights established by this Agreement as.applied to anyparticular project
merge into the pernut approval for that project and shall tetminate as provided for such
permit by the applicable provision of the Auburn City Code.
5. Proiect Reaortin¢and Coordination. In reaognidon of the lazge size, scale and
complexity of the Project, markeYabsorption factors and tlie overall term of the Agreement,the
partiesagree that phased construction and acceptance of public_and private streets, and public
and private uUlities and equipment may be needed. The Parties agree to the following reporting
and coordination schedule.
6 See RCW 36.70B.170(4).
Development Agreement
Page 4 oF 21
11.15.11
Developer shall report to the City,at a minimum, on January 15 and June 15 of each yeaz
the Agreement is in effect. Once Developer begins construction of the infrashucture,the
parties shall jointly determine a quarterly or monthly-reporting schedule.
Reports sha11 include,but not be limited to,the following azeas:
Status ofleases;
Construction updates (rights-of:way (ROV�, utility infrastructure, and buildings
percentage completed and conshvction remaining);
Non-City Permibapproval status, including Departrnent of Ecology, Army Corps of
Engineers,NOAA-Fisheries
Reports shall be written. If the written reports contain infonnation that Developer considers to be
proprietary business informaGon as that term is used in Washington's Public Records Act, RCW
42.56.270, it shall cleazly mark those portions of the report that Developer considers to be
exempt from disclosure. The City;agrees that, if it receives a public records request for
documents that Developer has marked as proprietary business informarion, it will assert the
exemption, and notify the Developer of the request. The Developer may seek a court order to
prevent disclosure as prbvided for in RCW 42.56.540. If a requestor files an action in court
seeking release of these documents,Developer agrees to be in interpleaded into that action,to
defend its designation of those doguments as proprietary,and,provided the City has timely
norified Developer of the request and the City's response,to indemnify and hold the City
hazmless from any fines or penalties for non-disclosure of documents the Developer has mazked
as proprietary.
Developer also agrees to attend, or to send a representarive familiaz with the Project and this
Agreement to attend, Council committee meetings or fiill Council meetings when requested to
repoR on the Project status at least annually.
6. Proiect Aaarovals. The Ciry shall accept for processing,review and action all complete
applications and submissions for.Project Approvals as determined by the City through its permit
completeness determination process in agcordance with Chapter 14.06 of the Auburn City Code
("ACC") in effect on the date thepermit issubmitted.
Any agreement by the City to cooperate does not in any way obligate the City with respect to
usual and customary City permit processing, code compliance and other regulatory reviews as
they may relate to the Developec or tlie Developer's requirements hereunder. The outcome of
any regnlatory review or action undertaken by the City involving the Developer will be
independent of and in no way biased; prejudiced, or predetermined in any way by this
Agreement. Nothing in this Agreement is intended or shall be construed to require that the.City
exercise its discretionary authority under its regulatory ordinances in a manner favorable to the
Developer.
7. Flood Stora¢e Canacitv. The City and Developer acknowledge that under this
agreement there will be a need for off site flood storage capacity for the Project. The parties
acknowledge that the City is not legally obligated to provide off-site storage capacity, but if off-
Development Agreement
Page 5 of 21
1].15.11
site flood storage capacity is not available,the Project might not go forward. l"he City agrees that
it will seek a clarifying agreement with the Port of Seattle ("Port") regazding the City's right to
use or commit the use of flood storage capacity with the constructed wetland mitigation property
owned'by the Port that is located in the Planning Area for the Project If the City has the right to
use or commit the use of this property for compensatory flood storage, the Parties agree that the
City shall make a mutually agi�eed amount of cubic feet of storage capacity available to the
Developer for Developer's on-site compensatory flood storage requirements and an additional �
compensatory flood storage volume as needed to accommodate the Developer's public
lransportation and storm drainage unprovemenu, provided that City's Mayor and the Developer
negotiate full and sufficient consider=ation for Developer's use of the flood storage capacity. The
City and Developer agree that this amount will be established following the conclusion of
technical analysis by the Port and City that establishes the total amount of cubic feet of
compensatory flood storage. The Developer acknowledges that the City may elect to reserve a
portion of this capacity for municipal purposes and needs. The City shall convey the right to use
the pmperty to the Developer by means of an easement or other similar document as agreed to by
the Parties.
Developer agrees that it will submit a Letter of Map Revision ("LOMR") to the Federal
Emergency Management Agency(FEMA)t6at addresses to the reviewing agency's standards the
placement of fill and affect on tfie flooilplain. The City agrees to provide concurrence in
Developer's LOMR process asproyided for in Chapter 15.68 ACC.
8. Desiffi and CoastracHon.
The parties agree that as a material consideration for the City's entry into this Agreement, the
Developer will desi� and conshuct the Project in accordance with the Auburn Gateway
Architectural and Site Design Standards adopted as part of this Agreement Additionally,
notwithstanding the perautted uses in the C-4, Mixed Use Commercial Zoning District, the
Developer agrees tliat the layout and uses of the Project shall adhere to the following guidelines:
Multiple Family Residential uses shall only occur in a vertical mixed-use
development; other than common azeas, pazking, and access, multiple family residential uses
shall not be on the ground floor of any building;
The Project shall contain more full service, sit down restaurants than "fast food"
restauranu includiag drive-thru type restaurants;
Gas stations and automobile repair service aad parts businesses shall only be
wnsuvcted as a department of a lazger retail operation.
9. Transuortation/Utilitv/Infrsstiticture Imnrovement4. The City and Developer
acknowledge that under this Agreement there will remain a"gap"in the funding of in&astructure
improvements that the Ciry is noY obligated to fill but without which the Project might not go
forwazd. The Pazties agree that Deyeloper's requirement to construct infrashucture is limited to
improvements required by City code and/or mitigadon measures specified in the Planned Action
Ordinance. Both Parties recognize-that there are benefits from these improvements to the public
Development Agreement
Page 6 of 21
l l'.15.1 l
that.extend beyond the Developer's obligations. Therefore, the Parties agree that they will work
cooperatively to resolve issues related to in&astructure funding. The Parties recognize that the
Developer's obligations will be proportionate to the scale and impact of the development. The
Parties agree that, for purposes of ttus section, that the provision of paymeats and credits for
infrastructure improvements is governed by state law and applicable City code. Both the City
and Developer will make their best efforts to assist each other as well as consider all other
options in filling that "gap" as improvemenu become necessary. While. a number of
Transportation and Utility Improvements in and around the proposed Project are needed to be
made c.oncurrent with initial construction of the Project, the Parties agree that the infrastructure
construction may be done in multiple incremenu. If the Developer constructs these needed
impmvements the City will, in accordance with City code and state law, provide the following
paycaents and credits: -
Transportation Improvements:
(a) Transportation Impact Fee Credit—The City has determined through its
comprehensive transportation planning and transportation impact program development
tLat certain infrastructute projects create capacity in the City's public s�eet system and as
sucfi will remain included in the Gity's list of eligible projects for h�affic impact fee
credits(Transportation ImpactFee Program List). As such,the City will provide a credit
for transportation fees amibutable to the Project in conformance with Chapter 19.04.
(b) The City will also reimburse RPG from other such midgation fees it has or may
collect for other deyelopments in the area towards public street improvements that
overlap with RPG's required improvemenu, provided those funds have not expired and
are available The Parties aclaiowledge that the City's authority to expend available
mitigation moaey will begin to expire beginning on November 13, 2013 and that if the
Parties have not agreed on a method guaranteeing the expenditure of the money in
advance of this and subsequent expiration dates; the City shall have the sole authority to
expend that money in accordance with applicable law. It is also acknowledged by the
Parties that any such agteement shall be made a minimum of 24 months in advance of
each associated expiration date to allow the City adequate time to expend the money
before the required expiration dates.
(c) Crrants. The City will consider placing a,higher priority on the I Street NE project in
the City's Capital Facilities Plan and iu Transportation Improvement Program. The City
will at iu sole discretion, apply for and seek state and federal grants for eligible
Transportation improvements within the Northeast Auburn Special Plan Area in
accordance with the Ciry's Comprehensive Tcansportation Plan and Six-Year
Transportation Improvement Progam. The Developer agrees to partner with the City in
such efforts, including financially participat'►ng in an amount not to exceed the
Developer's proportional,share of the improvement. If the City is successfiil obtaining
any such grants, the City will make a good faith effort to design and construct such
improvements in coordination with the phasing ptoject milestones set out in ttris
Agreement. '
Develapment Agreement
Page 7 of 21
1 LjS.11
(d) Street Payback Agreement. Developermay apply to the City for a Street Payback
:Ag;eement in accordance with Chapter 12.70 of the Aubum City Code.
• Utilities Improvements:
(e) Udlity Payback Agreements=The City may enter into Utility Payback Agreements as
� set forth in ACC 13.40.060 in order to obtain reimbursement on behalf of the Developer
for applicable Project-related public Utiliry Improvements (water, sanitary sewer, and
storm drainage) benefiting other new development consistentwith the Auburn City Code
in effect at the time the applicable permit is issued.
(fl Utility System Development Chazge Credit - The. City will credit utility System
Development Charges amibutable to the Project to the eactent the Developer over sizes
public Urility Improvements (water, sanitary sevaer, and storm drainage) consistent with
Aubum City Code at the time tfie applicable permit is issued.
(g) The City will rennburse the Developer from other available mitigation funds collected
by the City from the Port of Seattle as prescribed in the City's agreementwith the Port
(Attachment 5) for applicable public water, . sanitary sewer, and storm drainage
improvements installed lip:the Developer, provided.those funds have not expired and are
available. The Parties aclaiowledge that the City's authority to expend available
mifigation money will begin to expire beginning on November 13, 20T3, and that if the
Parties have not agreed on a method guazanteeing the expenditure of the money in
advance of this and subsequent expiration dates, the City shall have the sole authority to
expend that moneg in accordance with applicable law. It is also acknowledge by the
Parties that any.such agreement shall be made a minimum of 24 months in advance of
each assooiated expiration date to allow the City adequate time to expend the money
before the required expiration dates.
10. Adeauacv of Proiect Mitieation Under 5EPA. The Project has been subject to detailed
environmental review. The City issued a Determination of,Significance and a Final Northeast
Auburn/Robertson Properties Environmental Impact Statement (EIS). The EIS sets forth
numerous Project conditions in a variety of environmental azeas. The City Council has reviewed
the SEPA record and the EIS, and agrees to enter findings stating tliat, when all impmvements
are completed as contemplated for' this: Project, the Project in its entirety (inclusive of all
properties within the Project Area for the EIS as approved, including addenda or supplements to
the EIS) will be adequately mitigated under SEPA with the implementaxion of this Agreement
� and other project approvals inclnding Comprehensive Plan map and text changes, zoning code
map and text changes and adoption of a special area plan and planned action ordinance: The
mitigation that is imposed under SEPA, tkuough the City's 3EP.A regulations, is listed in the
� City's EIS, a copy of which is included as Attachment 3 xo this Agreement. Subject to
requirements contained in a Planned Action Ordinance, no further SEPA mifiga6on will be
required by the City for any Project qualifying as a Planned Action, subject to a major
modification as provided below in Pazagraph 11, unless such further mitigation is required by
federal or state law or regulaGon, or is determined by the City in its sole discredon to be
necessary to prevent a serious threat to public health and safety.
Development Ageement
, Page 8 of 21
I1.15.1] _
11. Modifications. The Project will be subject to building, land use, environmental and. .
engineering reviews and approvals. The final design of the buildings and other improvements;
precise location ofbuilding footprints, locarion of urilities, determination of access poinu, and
other design issues will be determined duririg that process and are part of ttris Agreement.
A. Deviations from ihe adopted document: `Auburn Gateway Architectural and Site Design
Standards'. The Planning Director or the Director's Designee has the auttiority to vary from
these staadards on a specific limited instance and non-routine .basis if the variation provides
equivalent design or approximate climensions, or if here are unique building or site design
considerations that, in the Director's determination, warrant a deviation.
B. Amendments to the adopted document: `Aubum Gateway Architectural and Site Design
Standards'. If the Developer wislies to amend any of the adopted `Auburn Gateway
Architectural and Site Design Standards',the Developer shall submit the proposed changes to the
Planning Director, who shall forward them with a recommendation to the City Council's
Planning and Development Committee who shall have the authority to approve, approve with
modifications or deny the requested design standard amendment(s). An "amendmenP' is a
change to the standards that changes tlie azea-wide and routine intent or effect of the standazds.
C. Modifications to the Development Agreement.
Changes to the Development Agreement that aze determined by the Director of Planning and
Development to constitute a major change shall be referred to the City of Auburn Hearing
Examiner for a public hearing. The Hearing Examiner is authorized by the Auburn City Council
pursuant to RCW 36.70B.200 to review and decide on amendments to the Development
Agreement. T'he Hearing Examiner shall only review the requested modification and shall rely
on applicable regularions and standards identified tfirough this Agreement for lus or her decision-
making. For purposes of this Agreement only, a modificadon to the Development Agreement
shall be those acuons that aze deemed by the Planning and Development D'uector or City
Engineer, as appmpriate,to be major modifications including,but not limited to, the following:
(a) A proposed change in land use;
(b) Cumulative exceedance of the vehicle trip volumes or changes to trip distaibution
pattenss estimated for the project by the Northeast Auburn/Robertson Properties Special
Planning Area Draft and Final EIS and addendums, supplements or modifications to the
EIS documents.
(c) A proposed change to any of the development criteria applicable to the Project as set
out in ttris Agreement, except for minor deviations that are consistent with the current
City regulations in effect at the time of this Agreement or subsequent vesting period;
(d) Change in density or intensity of use;
Development Agreement
, Page 9 of 21
11'.15:11
(e) Change iri"physical" environmental impact(going from no impact to some impact);
and
(fl Substantive changes to utility capacity, service iletnand,or design.
D. Changes to the term, the parties to the Agreement or the vesting periods in theA�eement,
must be approved by the Ciry Council.
12. Recordine: Assi�ment . The Agreement stiall be recorded with the Real Property
Records Division of the King County Records and Elections Department. The Agreement shall
bind and inure to the benefit of the parties and their successors in interest. Developer may only
assign this Agreement with the City's written consent..Upon assignment and assumprion of all
obligations under the Agreement by the assi�ee, Developer shall be released from all
Ageement obligations that occur aftet the effective date of the assignment.
13. Disnute Resolution.
In the event of a dispute regarding the interpretation of this Ag�eement, where there is
not aiready a procedure provided foi in the Ageement, staff &om each party will attempt to
resolve the dispute. If the Parties cannot resolve the dispute; either Party may request mediation.
The Parties will agree on a mediator. If Parties cannot agree on a mediator within 10 days of
either party requesting mediation, each Party will choose a mediator,and the two mediators will
choose a third to mediate the dispute. If inediation fails,this matter shall be heard in the Superior
Court of King County, Waslungtoa.
14.. Default
(a) Subject to extensions of time by mutual consent in writing, failure or delay by either
party to perform any teim or provision of this Agreement shall constitute a default. In the
� event of alleged default or breach of any terms or conditions of this Agreement, the Party
alleging such default or breach shall give the other Party not less than tivrty (30) days
notice in writing, specifying the nature of the alleged default and the manner in which
said default may be cured. During this thirty (30) day period, the Party charged shall not
be considered in default fo;purposes of termination or institution of legal pmceedings.
(b) After notice and expiration of the thirty (30) day period; if.such default has not been
cured or is not being diligeatly aiiied in the manner set forth in the notice, the other Party
may, at its option, institute Legal proceedings pursuant to this Agreement. In addition, the
City may decide to file an action to enforce the Ciry's Codes, and to obtain penal6es and
costs as provided in the Auburn Ciry Code for violations of this Development Agreement
and the Code.
15. Termination. This Agreement shall expire and/or ternunate as.provided_below:
(a) This Agreement shall expire and be of no further force and,effect if ihe Developer
does not conshuct the Project as contemplated by the perinits and approvals identified in
Development Agreement
Page 10 of 21
11.15.11
this Agreement, or submits applications for development of the Property that are
inwnsistent with such permits and appmvals.
(b) This Agreement shall terminate.upon the expiration of the term identified herein or
when the Subject Property has been fully developed, w(uch ever first occurs, and all of
the Developer's obligations in connection therewith are satisfied as determined by the
City. Upon termination of this Agreement, the City shall record a notice of such
termination. This Agreement shall sutomaticallyterminate and be of no further force and
effect as to any building and,the lot or pazcel upon which such building is located, when
it has been approved by the City for occupancy.
16.. Effect uaon Termination on Develoner Obliearions. Termination of this Agreement as
to the Developer of the Subject .Property or any portion thereof shall not affect any of the
Developer's obligations to comply with tlie City Comprehensive Plan and the terms and
conditions or any applicable zonin� code(s) or subdivision map or other land use entitlements
approved with respect to the Subject Property, any other conditions of any other development
specified in the Agreemeat to continue after the termination of this Agreement or obligations to
pay assessments, liens, fees or taxes.
17. Effects uoon Terminatiou-on:Citv. Upon any termination of ttris Agreement as to the
Developer of the Subject Property, or any portion thereof, the entidements, conditions of
development, limitations on fees and all other tecros and conditions of tlris Agreement shall no
longer be vested hereby with respect to the properry affected by such ternvnation (provided that
vesting of such entidemenu; conditions or fees may tlien be established for such property
pursuant to then existing planning and zoning laws). Notwithstanding termination of the
Agreement before the end of the 15-yeaz term of the Agreement, the City shall not initiate or
approve any amendments to the land use and zoning requirements of the C4, Mixed Use
Commercial Zoning District as ad'opteii in Ordinance No. 6183 until the end of the 15`� yeaz after
the effective date of ttie Agreement without Developer's concurrence.
18. Reserved.
19. Administration of AQreement 1'his Agreement shall be administered by the authorized
representative of the Developer; and by the Mayor of the.City, or designee, on behalf o£the City.
Any written notices required by the terms of this Agreement shall be served on or mailed to the
following addresses:
CTfY OFAUBURN: DEVELOPER:
Mayor John Manavian, Aubwn Properties Inc.
City of Auburn c/o Robertson Properties Crroup
25 West Main 120 N. Robertson Blvd.
Aubum, WA 98001-4998 Los Angeles, CA 90048
(253) 931-3000 Telephone No.: (310) 855-8484
(253) 931-3053 —fax Telecopier No.: (310) 642-8538
Development Agreement
Page ll of 21
]1.15.11
20. Notices. All notices or communications permitted or required to be given under tlris
Agreement shap be in writing and shall be deemed to have been duly given if delivered in person
or deposited in the United States mail, postage prepaid, for mailing by certified mail, return
receipt requested and by regiilar mail and addressed, if to a party of tlris Agreement, to the
address for the party set forth above, or if to a person not a party to this Agreement, to the
address designated by a party to this Agreement in the foregoing manner: Any party may change
his, her or its address by giving notice in writing, stating his, her or its new address, to any other
party, all pursuant to the pmcedure set forth in this section of the Agreement.
21. Parties in Interest. This .Agreement shall be binding upon, and the benefits and
obligations provided for herein shall inure to and bind, the parties hereto and their respective
successors and assigns, pmvided that this section shall not be deemed to permit any transfer or
assig�ment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit
of the parties hereto and it does not create a contractual relationship with or exist for the benefit
of any third party, including conlractors, sub-contractors and iheir sureties.
22. Costs to Prevailin¢Partv. In the event of such litigation or other legal action,to enforce
any rights, responsibilities or obiigations under this Ageement, the prevailing pazties shall be
entided to receive its reasonable costs and attorney's fees.
22. Aoulicable Law. This Agreement and the rights of the parties hereunder shall be
governed by the interpreted in accordance with the laws of the State of Washington and venue
for any. action hereunder shall be in King County, Washington;, provided, however, that it is
agreed and understood that any.applicable statute of limitation shall commence no later than the
last day of the fifteen (15) yeaz term of the Agreement, or.the date of termination, whichever is
eazliest.
23. NondiscriminaUon. Neither the Ciry nor Developer shall discriminate on the basis of
any protected class as defined by any state, federal, or local ordinance, including but not limited
to,race, color, national origin,disability, age, or sex in the performance of this Agreement.
24. Cautions. Headines and Titles. All captions, headings or titles in the paragraphs ot
sections of this Agreement are inserteii for convenience of refetence only and shall not constitute
a part of this Agreement or act as a limitation of the scope:of ttie particular paragraph or sections
to which they apply. Terms not specifically defiaed in this Agreement shall have the same
definition as in the applicable secrioa of the Aubum City Code. As used herein, where
appropriate, the singulaz shall inclnde the plural and vice vefsa and masculine, feminine and
neuter expressions shall be interchangea6le. Interpretation or construction of this Agreement
skiall not be affected by any determination as to who :is the drafter of this Agreement, this
Agreement having been drafted by mutual agreement of the parties.
25. Severable Pmvisionsr Each p�ovision of this Agreement is intended to be severable. If
any provision hereof i's illegal oi invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
Development Agreement
Page 12 of 21
I1:15.11
26. Entire AEreement This Agreement contains the entire understanding of the parties
hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and
understandings between the parties with respect to such subject matter.
27. Counteroarts. This Agreement may be executed in multiple counterparts, each of which
shall be one and the same Agreement and shall become effective when one or more counterparts
hayebeensigned by each of the parties and delivered to the other party
28. Post-esecution actions: The Parties ag�ee that, after execution of this Agreement, they
will work cooperatively to.resolve issues relating to infrastructure funding, the construction of I
Su�eet NE, seeking an agreement with the City of Kent to allow for a tr�c signal at I Sheet NE
and S 277�' Street,any applicable zoning changes, and allocation of flood storage capacity.
Agreed this��day of �,W.CL,�✓.�0/✓ ,�
OF DEVELOPER � g� K!� P (2�P£4zTI�; �^�'�
_._ � � J e� Wash�Y}cn c.a (�ar�...-f �� r
�
J
Peter Lewis, Mayor
Title: �
AITEST: DEVELOPER R�P G A u 6 V R N P����TIES� LL�,
a IDela�� .�,ti.;=te I� b:l.ty c�rv.pa,.y,� p_
/\1l ��S�(,'U7C�v6'�'�c�N . Q }-�S11U 2ew1 �sf'ait^ �nP .i ._ :� � v�e me.�^�'�.
4�•
��
Damelle Daskam,Auburn City Clerk �}{� Se�er°�°'"
ttle: Sac�eta�3r
Approve to
D ' . Heid,Auburn City Attom
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Peter Lewis is the person who appeazed
before me, and said person aclmowledged that said persori signed this insttument, on oath stated
ttiat said person was authorized to execute the inshvment, and aclrnowledged it as the Mayor of
the City of Auburn to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Development Agrcement
Page 13 of 21
I1.15.11
` Dated this o�-��day of /1����`i'J >20 � �
`��...��d���niiry� /yJ/,Gt�AS�till C_ �J�"�
��` �11ELL
� lc((���h Print Name: �a n�c/�� �a�l,c�.
� O````aNqttq�q�� ` . . �/�' . ,.. . . .
_.��o�►�M18-�oti�,,�p �i� Notary pubhc in and for the State of
: a Nor'yi 4�s9N ; Wastiington,residing at: ku,cl�.J
� � -� � '• �;.� � My appointment expires: /Q-L��o i
% m %� ec�c '�_� ?
i O,o'',,,?S. 5 _.- c
�/�'. (y���q�����R�a.`��� � ' .
/�4��q SH�NG���•�`
Development Agreement
Page 14 of 21
11.15.11
State of Caiifornia )
) ss.
County of Los Angeles )
On December 22;2011, before me, �K.. � 1... , a Notary Public
in and for the 8tate of Califomia, perso Ily appear Jill Saperstein, who proved to me on the
basis of satisfactory evidence to be the person(s)whose name(s) is/ake subscri6ed to the within
instrumenYand acknowledged to me that tae/shelikey executed the same in t�is/her/ibeiF
authorized capacity(+es), and that by ktiis/heNi�eiF signature(s)on the instrvment the person(fi), or
the entity upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the
foregoing paragraph is true and cortect.
WITNESS my hand and official seal.
HEJIRA ADEtOLYN THOMPSON
Bommdasfon f/911299
< Notary PubtlC-Califomia i:
SI netU LOS Mpekf County a
9
. Y .Comm. -�iresoc� ��. ?o�a
State of Callfomfa )
) ss.
County of Los Angeles )
On December 22, 2011, beforeme; 7�Qltilc �Cnll..^ .iww✓ra.. , a Notary Public
in and for the State of Califomia, pers .._ Ily appea ill Sape ein; who proved to me on the
basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within
instrument and acknowledged to me thatlae/sheliqey executed the same in hiNher/ik�eic
authorized capacity(ies), and thaf by kis/herRpeiF signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)acted, executed tFie instr�ment.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
- HEJIRA ADENILYN THOMPSON
Commisplon M 1911?99 �
Si9 ature � < y� NotaryPuDllb-Calitomfe .
_ : �LOS Angeles Counry �
�MyComm FepiresOel31.2014+
STATE OF WASHINGTON )
) .ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that and
are the pe=sons wtio appeared before me,and said persons acknowledged
that they signed this in��ment, on oath stated that they were authorized to execute the
instrument, and acknowledged it as the of Developer, a corporation, to
be the &ee and voluntary act of such corporation for the uses and puiposes mentioned in the
instrument.
Daxed this day of 20 �
Print Name:
Notary public in and for the State of
Washington, residing at; .
My appointment expires:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have sadsfactory evidence that and
are the persons who appeared before me,and said persons acknowledged
that they sigaed this instrument, on oath stated that they were authorized to execute the
instrument, and acknowledged it as the of Developer, a corporation, to
be the free and voluntary act of such corporation for the uses and purposes mentioaed in the
inshvment.
Dated this day of 20
Print Name:
Notary public in and for the State of
Washington, residing at:
� My appoiutment expires:
Development Agreement '
Pagb 15 of 21 ,
I 1.15.]1
ATTACI-IMENT 1 - LEGAL DESCRIPTION OF SUBJECT PROPERTY
Attaclunent 1
Attachment 1 to Development Agreement
LEGAI:DESCRIFTIONS:
PARCEL A:
THAT PORTION OF THE DONATION LAND CI.AIM OE WILLIAM A. COX AND HIS WIFE, ELIZABETH COX,
DESIGNATED,AS CLAIM NO. 38, BEING A PART OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILCAINETTE MERIDIAN, IN KING COUNTY,WASHINGTON, DESCRIBEDAS FOLLOWS:
COMMENGING AT THE NORTHEAST CORNER OF SAID DONATION LAND CLAIM;
7HENCE SOUTH 1°53'45" WEST 898:20 FEET TO THE SOUTH LINE OF SOUTH 280TH STREET AS
ESTABLISHED BY DEED TO KING COUNTY REGORDED UNDER RECORDING NUMBER.5869551 AND THE
TRUEPOINT OF BEGINNING;
THENCE CONTINUING SOUTH 1°53'45"WEST 859.88 FEET;
THENGE SOUTH 56°01'19"WEST.203.43 FEET;
THENCE NORTH 89°1T18"WEST 485.03FEET;
THENCE NORTH 1°53'45"EAST 285:8 FEET;
THENGE NORTH 89°47'15"WEST 350.00FEET;
THENCE NORTH 1°53'45"EAST 168.01 FEET TO A POINT WHICH IS 1;000 FEET WEST OF,AS MEASURED AT
RIGHT ANGLES TO,THE EAST LINE OF SAID DONATION U1ND CLAIM;
THENCE NORTH 88°0515" WEST TO THE EAST MARGIN OF KENT-AUBURN ROAD,.SBTH AVENUE SOUTH,
AS.ESTABUSHED BY DEEDS TO KING.COUNTY RECORDED UNDER RECORDING NUMBERS 761006 AND
781007;
THENCE NORTHERLY ALONG SAID EASTER6Y LINE TO THE NORTHWEST CORNER OF THAT PORTION OF
49TH STREET NORTHEAST,AS VACATED UNDER ORDINANCE NUMBER 26271N THE CITY OF AUBURN,
ALSO RECORDED UNDER REC,ORDING NUMBER 7301120384;
THENCE SOUTH 89°OB'15"EAST, 1,005.22 FEET;
THENCE SOUTH 1°53'45"WEST 10 FEET;._ __ .
THENCE SOUTH 89°OB'15"EAST TO THE:TRUE POINT OF BEGINNING;
EXCEPT THATPORTION THEREOF DESCRIBED ASFOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF.SAID DONATION LAND CLAIM NO. 38; THENCE NORTH
88°55'WEST 420.15 FEET;
THENCE SOUTH 1°53'45"WEST 1,229.725 FEET;
THENCE NORTH 87°24'2T WEST 579.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 87°24'2T WEST 42.4 FEET;
THENCE SOUTH 1°53'45"WEST 117.BD,FEET;.
THENCE NORTH 88°OB'15" WEST TO THE EAST MARGIN OF KENT-AUBURN ROAD, 86TH AVENUE SOUTH,
AS ESTABLISHED BY DEED TO KING COUNTY RECORDED UNDER RECORDING NUMBER 761007;
THENCE NORTHERLY ALONG SAID EASTERLY MARGIN TO THE NORTHWEST CORNER OF THAT PORTION
OF 49TH STREET NORTHEAST AS VACATED UNDER ORDINANCE NUMBER 2627 IN THE CITY OF AUBURN
AND ALSO RECORDED UNDER RECORDING,NUMBER 7301120384;
THENCE SOUTH 89°08'15" EAST ALONG THE NORTHERIY LINE OF SAID VACATED PORTION OF 49TH
STREET NORTHEAST TO A POINT NORTH 1°53'45"EAST FROM THE TRUE POINT OF BEGINNING;
THENCE SOUTH t°53'45"WEST TO SHE TRUE POINT OP BEGINNING;
TOGETHER WITH THAT PORTION OF VAGATED "D" STREET NORTHEAST (86TH AVENUE SOUTH) AS
VACATED BY ORDINANCE NUMBER 2626, RECORDED UNDER RECORDING NUMBER 7301120385, AS
-- - - - - WOULDATTACH.BY-OPERATIONOFLAW;------ --- ----- ----- - ---. _- -- ----- _..- - - - - -.. _ -- - - -.._. _._._ _..
TOGETHER WITH THOSE PORTIONS. OF VACATED 49TH STREET NORTHEAST (SOUTH 280TH STREE�
ADJOINING AS VACATED BY AUBURN ORDINANCES 2827, 3594,& 3614,RECORDED UNDER RECORDING
NUMBERS 7301120384, 8102090647 8 8104220744, RESPECTIVELY,AS WOULD ATTACH BYOPERATION OF
LAW;
(ALSO KNOWN AS PORTIONS OF TRACTS 34, 35, 36, 37, 38 AND 39,TOGETHER WITH VACATED STREETS
ADJOINING, WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED
PLAT THEREOFj.
PARCEL B:
THAT PORTION OF THE DONATION CAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX,'
DESIGNATED .AS CLAIM NO: 38,'BEING A PART OF SECTION 37,TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID DONATION CLAIM, A DISTANCE OF 420.15 FEET
WEST OF THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 839.74 FEET TO THE NORTH MARCaIN OF SOUTH,280TH STREET, AS ESTABLISHED BY
DEEDS TO KING COUNTY,RECORDED UNDER,RECORDING NUMBERS 544798 AND 5869551;
THENCE WEST ALONG SAID NORTH MARGIN 258.26 FEET;
THENCE NORTH 840.74 FEET TO A POINT ON THE NORTH LINE OF SAID DONATION CLAIM A DISTANCE OF
259.24 FEET WEST OF THE POINT OF BEGINNING; ' �
_. .__
THENCE EAST ALONG SAID NORTH LINE TO THE POINT OF BEGINNING;
EXCEPT THE EAST 30 FEET;AND
EXCEPT THAT PORTION,'IF ANY, LYING WITHIN SOUTH 277TH STREEf(52N0 STREET NORTHEAS�;AND
EXCEFT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED
RECORDED UNDER RECORDING NUMBER.7103110262;
TOGETHER WITH THAT PORTION OF VACATED 49TH STREET NORTHEAST (SOUTH 280TH STREEn
ADJOIN�NC� AS VACATED BY AUBURN ORDINANCE 3594 RECORDED UNDER RECORDING NUMBER
8102090641,AS WOULD ATTACH BY OPERATION OF LAW;
(AL50 KIVOWN AS A PORTION OF TRACT 42, TOGETHER WITFi VACATED STREETS ADJOINING, WHITE
RIVER VALLEY HOME TRACTS 2ND ADDII'ION,ACCORDING TO THE UNRECORDED PLAT THEREO�.
PARCEL C:
THAT PORTION OF THE DONATION LAND,_CLAIM OF WILLIAM A COX,AND HIS WIFE, ELIZABEfH COX,
DESIGNATED AS CLAIM NO. 38, BEING A PART OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON,DESCRIBED ASFOLLOWS:
BEGINNING ON THE NORTH LINE OF SAID DONATION CLAIM, AT A POINT 679.39 FEET WEST OF THE
NORTHEAST CORNER THEREOF;
THENCE SOUTH 89°10'30"WEST ALONGSAID NORTH LINE 256.94 FEET;
THENCE SOUTH 0°49'30" 1NEST 841.7A FEET TO THE NORTH MARGIN OF SOUTH 280TH; STREET, AS
ESTABLISHED BY DEEDS TO KING COUNTY, RECORDED UNDER RECORDING NUMBERS 544798 AND
5869551,SAID POINT BEING SOUTH 86°58'30"WEST 938.52 FEET FROM THE EAST LINEOF SAIDDONATION
CLAIM;
THENCE NORTH 88°56'30"EAST ALONG SAID NORTH MARGIN 258.85 FEET;.
THENCE NORTH 84070 FEET TO THEPOINT OFBEGINNING;
IXCEPT THAT PORTION, IF ANY,LYING WITHIN SOUTH 277TH SIREET(52ND STREEf NORTHEAS�;
TOGETHER WITH THAT PORTION_OF VAOATED, 49TH STREEf NORTHEAST (SOUTH 280TH STREEn
ADJOINING AS VACATED BY AUBURN OROINANCE 3594 RECORDED UNDER RECORDING NUMBER
_ _ _ _ _._8102090841,.AS.WOULDATTACH BY OPERATION OF LAW;___________
{ALSO KNOWN AS TRACT 43, TOGETHER WITH VACATED STREET ADJOINING, WHITE RIVER VALLEY
HOME TRACTS2ND ADDITION,ACCORDING TO THE UNRECORDED PLAT THEREO�.
PARCEL D:
THAT PORTION OF THE DONATION 6AND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX,
DESIGNATED AS CLAIM NO. 38, BEING A PART OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUN7Y,WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID DONATION CLAIM, WHICH POINT IS 938.33 FEEf
SOUTH 89°10'30" WEST OF THE NORTHEAST CORNER OF SAID DONATION CLAIM; THENCE SOUTH
89°10'30"WEST ALONG THE NORTH LINE OF SAID DONATION CLAIM 258.64 FEET;
THENCE SOUTH 0°49'30"WEST 842.88 FEET TOA POINT ON THE NORTH.LINE OF THE COUNTY ROAD,AS
ESTABLISHED BY DEEDS TO KING COUNTY RECORDED LNDER.RECORDING NUMBERB 544796 AND
5869551, WHICH POINT IS 1.197.18 FEET SOUTH 88°58'30" WEST OF THE EAST LINE OF SAID DONATION
CLAIM;
THENCE NORTH 88°56'30" EAST ALONG-THE NORTH LINE OF SAID COUNTY ROAD 258.66 FEET; THENCE
NORTH 0°49'30"EAST 841.71 FEEi TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION, IF.ANY,LYING WITHIN SOUTH 277TH.STREET{52ND STREEf NORTHEAS�;
TOGETHER WITH THAT PORTION OF VACATED 49TH STREET NORTHEAST (SOUTH 280TH STREEn
ADJOINING AS VACATED. BY AUBURN ORUINANCE 3594 REGORDED UNDER RECORDING NUMBER
8102090641,AS WOUI.D ATTACH BY OPERATION OF LAW;
(ALSO KNOWN AS TRACT 44, TOGETHER WITH VACATED STREET ADJOINING, WHITE RIVER VALLEY
HOME TRACTS 2ND ADDITION,ACCORDING TO THE UNRECORDED PLAT THEREO�.
PARCEL E:
THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A: COX AND HIS'WIFE, ELIZABEfFi COX,
DESIGNATED AS CLAIM NO. 38, BEINGA PART OF SECTION 31, T0INNSHIP 22 NORTH, RANGE 5 EAST,
WICLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWSi
BEGINNING ON THE NORTHERLY LINE OF SAID DONATION LAND CLAIM, AT A POINT WHICH IS SOUTH
89°70'30"VYEST 1,196.97 FEET FROM THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 89°10'30"WEST ALONG SAID NORTHERLY LINE 258:34 FEET;
THENCE SOUTH 1°03'30" WEST 843'.&4 FEET TO THE NORTHERLY LINE OF COUNTY ROAD, AS
ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND:
5869551;AT A POINT WHICH IS SOUTH.88°56'30" WEST 7,455.53 FEET FROM THE EAST UNE OF SAID
DONATION LAND CLAIM;
THENCE NORTH 88°58'30"EAST 258.35'FEET;
THENCENORTH 0°49'30"EAST 842.88 FEET TO THE POINT OF BEGINNING;
EXCEPT THE WESTERLY 3�FEET THEREOF'FOR COUNTY ROAD;AND
EXCEBT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277TH STREET(52ND STREET NORTHEAS�;AND
EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED
RECORDED UNDER RECORDING NUMBER 7103110262;
TOGETHER WITH THAT PORTION OF,VACATED 49TH STREEf NORTHEAST (SOUTH 280TH STREE�
ADJOINING AS VAGATED BY AUBURN ORDINANCE 3b94 RECORDED UNDER RECORDING NUMBER
8102090641,AS WOULD ATTACH BY OPERATION OF LAW; �
(ALSO KNOWN AS A PORTION OF TRACT 45, TOGETHER WITH YACATED STREET ADJOINING, WHITE
-
RIVER VALLEY HOME TRACTS 2ND ADDITION,ACCORDING TO THE UNRECORDED PLAT THEREO�.
PARCEL F:
_ - --- - ---- - - - - ---- - ------------- -- - - -- - -- ---- - -- --
- - - - —
THAT PORTION OF THE WA. COX D.L.C:, _IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID W.A. COX D.L.C.;
THENCE WEST ALONG THE NORTH LINE THEREOF 210.15 FEET TO THE TRUE POINT OF BEGINNING;.
THENCE CONTINUING WEST ALONG SAID NORTH LINE 210.0 FEET;
THENCE SOUTH 839.74 FEET, MORE OR�LESS, TO THE NORTH LINE OF SOUTH ZSOTH STREEf AS
ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND
5869551,AT A POINT 420.31 FEET WEST FROM THE EAST LINE OF SAID COX D.L.C.;THENCE EAST ALONG
SAID NORTH LINE 208.94 FEET; -
THENCE NORTH 839.0 FEET, MORE OR LESS; TO THE TRUE POINT OF BEGINNING; IXCEPT THE SOUTH
414.58 FEET THEREOF;AND
EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 2TTfH STREET(52ND STREET NORTHEAS�;
(ALSO KNOWN AS A PORTION OF TRACT 41, WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION,
ACCORDING TO THE UNRECORDED PLAT THEREO�.
PARCEL G:
THAT PORTION OF THE WA COX D.LC. IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE.NORTHEAST CORNER OF SAID WA.COX D.L.C.:
THENCE WESTALONG THENORTH LINE THEREOF 210:15 FEEi;
THENCE SOUTH 839 FEET, MORE OR LESS, TO THE NORTH LINE OF SOUTH 280TH' STREET AS
ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544788 AND
5889551,AT A POINT 210.37 FEET WESTOF 1'HEEAST LINE OF SAID,D:L.C:;
THENCE EAST ALONG SAID NORTH LINE 210.37 FEET TO `THE EAST LINE OF SAID D.L.C.; THENCE
NORTHERLY ALONG SAID EAST'LINE 838.2 FEET TO THE POINT OF BEGINNING; EXCEPT THE SOUTH
414.58 FEET THEREOF;AND
EXCEPT THAT PORTION, IF ANY,LYING WITHIN SOUTH 277TH STREET(52ND STREEf NORTHEASn;
(ALSO KNOWN AS A PORTION OF TRAGTS 40 AND 41,WHITE RIVER VALCEY HOME TRACTS 2ND ADDITION,
ACCORDING TO THE UNRECORDED PLAT 7HERE0�.
PARCEL H:
THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX,
DESIGNATED AS CLAIM NO. 38, BEING A PORTION OF SECTION 31,TOWNSHIP Y2 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING ATTHENORTHEAST CORNER OF SAID DONATION IAND CLAIM NO. 38;THENCE NORTH 88°55'
WEST 420.15 FEET;
THENCE SOUTH 1°53'45"WEST 1,229.725 FEET;
THENCE NORTH 87°24'27" WEST 622.30 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH
1°53'45"WEST 117:60 FEET;,
THENCE NORTH 88°OB'15"WEST TO THE EAST MARGIN OF KENT-AUBURN ROAD(88TH AVENUE
SOUTH),AS ESTABLISHED BY DEED TOKING COUNTY RECORDED UNDER RECORDING NUMBER 761007;
THENCE NORTHERLY ALONG SAID EASTERIY MARGIN TO A POINT FROM WHICH THE TRUE POINT OF
BEGINNING BEARS SOUTH 8T24'27"EAST;
THENCE SOUTH 87°24'2T EAST TO THE TRUE POINT OF BEGINNING;
TOGETHER WITH THAT PORTION OF VACATED "D" STREET NORTHEAST (86TH AVENUE SOUTH)
ADJOINING,WHICH UPON VACATION,ATTACHED TO SAID PROPERTY BY OPERATION OF LAW;
(ALSO KNOWN AS A NORTHWESTERLY PORTION OF TRACT 38, TOGETHER WffH VACATED STREET
ADJOINING, WHITE RIVER VALCEY HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED
PLAT THEREO�.
- - - - - - - - - - - - - - - _
- --- - - - - - - - - - -- -- - -_. ._.. _.
PARCELL• .
A TRACT OF LAND IN THE WA.COX DONATION LAND CLAIM NO. 38, IN SECTION 31,TOWNSHIP 22 NORTH,
RANGE5 EAST,WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT AN INTERSECTION IN THE CURVE OF THE EASTERLY MARGIN OF THE KENT-AUBURN
ROAD,AS ACQUIRED BY KING CQUNTY IN SUPERIOR COURT CAUSE;NO. 85322, ALSO KNOWN AS ROAD
#76, AND THE NORTHEASTERLY MARGIN OF AUBURN N/AY NORTH; THENCE SOUTH 35°14'08" EAST
ALONG THE EASTERLY MARGIN OF AUBURN WAY NORTH 65'.00 FEET TO THE POINT OF BEGINNING OF
SAID TRACT OF LAND;
7HENCE CONTINUING SOUTH 35°14'08"EAST 248.49FEET;
THENCENORTH 49°55'00"EAST 126.88 FEET;
THENCE NORTH 34°44'00"WEST 146.85 FEET;
THENCE NORTH 89°4T75"WEST 158.77 PEEf TO THE POINT OF BEGINNING;
(ALSO KNOWN AS A FORTION OF TRACTS 34 AND 35,WHITE RIVER VALLEY HOME TRACTS 2ND ADDIl10N,
ACCORD�NG TO THE UNRECORDED PLAT THEREO�. ,
, PARCELJ:
PARCEL ,1, CITY_OF AUBURN SHORT PLAT'NUMBER SP-29-79,RECORDED UNDER RECORDING NUMBER .
7912120808, SAID SHORT PLAT BEING A SUBDIVISION OF A PORTION OF THE WA. COX DONATION IAND
CLAIM NO. 36, IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING
COUNTY,WASHINGTON;
TOGETHER WITH THAT PORTION OF VACATED "D" STREET NORTHEAST ADJOINING, AS WOULD ATfACH
BY OPERATION OF LAW;
TOGETHER WfiH AN EASEMENT FOR INGRESS.'EGRESS AND UTILITIES OVER PARCEL 2 OF SAID SHORT
PIAT,AS ESTABLISHED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER7908281042.
PARCEL K:
THAT PORTION OF PARCEL 2, CITY:OF AUB_URN SHORT PLAT_NUMBER SP-29-79, RECORDED UNDER
RECORDING NUMBER 7912120806, LYING WEST OFTHESOUTHERLY PRODUCTION OF THE EAST LINE OF
PARCEL 1 OF SAID SHORT PLAT; �
ALSO
THE WEST 427.03 FEET OF THAT PORTION OF PARCEL 2 OF SAID SHORT PLAT LYING EAST OF THE
SOUTHERLY PRODUCTION OF THE EAST LINE PARCEL 1 OF SAID SHORT PLAT;
SAID SHORT PLAT BEING A SUBDIVISION OF A PORTION OF THE W.A. COX DONATION LAND CIAIM NO.38,
�N SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON.
PARCEL L:
THE SOUTH 200 FEET OF THE EAST 110FEET OF THAT PORTION OF W.A. COX DONATION CLAIM NOS. 38
AND 43, IN KING COUNTY, WASHINGTON, DESCRIBED ASFOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE WHITE RIVER VALLEY,HOME TRACTS; THENCE SOUTH
ALONG EAST LINE TO SOUTHEAST CORNER OF'TRACT 32 OF SAIDADDITION; THENCE EASTERLY TO A
POINT 258.2 FEET EA$T OF EAST LINE OF SAID TRACT 32;THENCE NORTH 809.4 FEET TO NORTH LINE OF
DONATION CLAIM;
THENCE WEST 258.2 FEET TO BEG�NNING;
EXCEPT STATE ROAD NO. 5;
AND EXCEPT ANY PORTION LYING WITHIN,THE RIGHT OF WAY FOR 49TH STREET NORTHEAST.
- - -- --- - __ - --- - -- - - - -_ _ .---- - - - - --- --- - - .. - - - - - - - - -. .. -
- - _. _ ... _ _ ..
PARCEL M:
`THAT PORTION OF THE WA. COX DONATION LAND CIAIM NOS. 38 AND 43, IN KING COUNTY,
WASHINGTON,DESCRIBED AS FOLLOWS:
BECoINNING AT THE NORTHEAST CORNER OF WHITE RIVER VALLEY HOME TRACTS, ACCORDING TO THE
PLATTHEREOF,RECORDED IN VOLUME_13.OE PLATS, PAGE 17,IN KING COUNTY,WASHINGTON;
THENCE SOUTH ALONG EAST LINE TO SOUTHEAST CORNER OF TRACT 32 OF SAID ADDITION; THENCE
EASTERLY TO A PO�NT 258.2 FEET EAST OFEASTtINE OF SAID TRACT 32;THENCE NORTH 809.4 FEET TO
NORTH LINE OF DONATION CLAIM;
THENCE WEST258.2 FEET TO BEGINNING;
IXCEPT STATE ROAD NO. 5;
AND EXCEPT THE SOUTH 200 FEET OF THE EAST 110 FEET THEREOF;
AND EXCEPTANY PORTION LYING WITHIN THE RIGHT OF WAY FOR 49TH STREET NORTHEAST;
AND IXCEPT ALL THAT PORTION OF ' THE FOLLOWING DESCRIBED TRACT OF LAND LYING
SOUTHWESTERLY OF A L�NE DRAWN 15.2 FEET RADIALLY FROM A POINT 52 FEET NORTHEASTERLY OF
STATION 122 + g3 OF AUBURN WAY NORTH AND EXTENDING EROM THE`NORTH LINE OF 49TH STREET
NORTHEAST TO A POINT OPPOSITE STATION 122+ 72(AND AS CONVEYED TO THE.CITY OF AUBURN BY
DEED RECORDED UNDER RECORDING NUMBER 7911271078, RECORDS OF KINGCOUNTY,WASHINGTON):
THAT PORTION OF W.A. COX DONATION CLAIM NOS. 38 AND 43, IN KING COUNTY, WASHINGTON,
DESCRBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE WHITE RIVER VALLEY HOME TRACTS,ACCORDING TO
THE.PLAT THEREOF,RECORDED IN VOLUME 13 OF PLATS, PAGE;17, IN KING COUNTY,WASHINGTON;
THENCE SOUTH ALONG EAST LINE TO SOUTHEAST CORNER OF 1RACT 32 OF SAID ADDITION; THENCE
EASTERLY TO A POINT 258.2 FEET EAST OF'EAST LINE OF SAID TRACT 32;THENCE NORTH 808.4 FEET TO
NORTH LINE OF DONATION CLAIM;
THENCE WEST 258.2 FEET TO BEGINNING;
SITUATE IN KING COUNTY,WASHINGTON.
PARCEL N:
THAT PORTION OF THE EAST HALF OF THE W:A. COX DONATION LAND CLAIM IN SECTION 31,TOWNSHIP
_ _ _
22 NORTH, RANGE 5 EAST,W.M.,IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING 1,454.4 FEET WEST OF THE NORTHEAST CORNER OF SAID WA.COX DONATION LAND CIAIM;
THENCE SOUTH 843.64 FEEf; THENCE WEST 258.08 FEEf; THENCE NORTH 844.6 FEEf; THENCE EAST
258.95 FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINEAFTHE ABOVEDESCRIBED 7RACT OF LAND,A DISTANCE 312
FEEf NORTH OF THE SOUTHEAST CORNER THEREOF;
THENCE SOUTH ALONG SAID EAST LINE 312 FEET;
THENCE WEST ALONG THE SOUTH LINE OF SAID ABOVE DESCRIBED TRACT 258.06 FEET; THENCE.
NORTH ALONG THE WEST LINE OF SAID TRACT 312 FEET TO A POINT WEST OF THE POINT OF
BEGINNING,
THENCE EAST TO THE POINT OF BEGINNING;
ALSO EXCEPT THE EAST 30 FEET CONDEMNED FOR ROAD PURPOSES IN KING COUNTY SUPERIOR
COURT CAUSE NO.85322;
ALSO EXCEPT THAT PORTION, IF ANY, LYING WITHIN THAT CERTAIN TRACT OF LAND CONVEYED TO
DAVE HILL AND BRIDGET HILL, HUSBAND AND WIFE, BY DEED RECORDED 1N VOLUME 469 OF DEEDS,
__ ___ ,_ ,_PAGE_605,RECORDS_OF KING COUNTY;_,__,
ALSO EXCEPT THAT PORTION, IF ANY,LYING WITHIN SOUTH 277TH STREET(52ND STREET NORTHEAS�;
(BEING KNOWN AS A PORTION OF TRACL48,WHITE RIVER VALLEY HOME TRACTS NO.2,ACCORDING TO
THE UNRECORdED PLAT THEREOF�.
PARCEL O:
THAT PORTION OF LOT 32, WHITE RIVER VALLEY HOME TRACTS;ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 13 OF PLATS AT PAGE 17, IN kING COUNTY, WASHINGTON, LYING
NORTHEASTERLY'OFPRIMARY STATE HIGHNlAY NO.5;
IXCEBT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED AUGUST 18,
1964UNDERRECORDING NO.5775470. '
ATTACHMENT 2—AUBURN GATEWAY PROJECT SITE PLAN
The Project Site Plan is incorporated into the Agreement� and is attached. Below is a brief
descriprion of the Project The Project is more fully described in the SEPA Final Environmental
Impact Statement and supplemenu'and addenda, eta (Attachment 3)on file with the City:
Attachment 2
f
�
;
i
� '
�--� � , -- - -- -- - _
:�-K-- a
, ; -, d �.
OA7EWAY A ��I i i y�@A7L-1MAY �
. p
E ��I I C3AIEWAY IA �-S .
N I •
��
� E� 3.: �o `
el o N
+ � 95� � ,���w�o�nwm I
�I Awm�i� i I o waae�roricr 7 .
_' �u.aawnw-a!��ss�la�ues..tl'.. �_ �p�{p}E . _.-.-.____ e >a m_c �
—'—'—'—'—_— r • ' 90U117RR5E— ��:e�•. .
iI
� ',.
I�'�'�' �, �I
6A7EWAY IC �Z' I UP T0 720.000 SF OF fiETML;500
I ' I I �DBdMI UMTS MD/OR UP TO 1,600.000
, � �� SF�FRCE(P�i APPFlO,(�93� (.
i � � �
� � �
I ;��.
I � � � i
, . /: �
�
� � i �..� . :.
. . ,-%" � i ���':�,
� � i �
� •.�,�-•` ! � ,j.
' � �C-------- I/,�
, �• ,'
II +i I PROJECT SITE PLAN
�
,
;
__ ,_.____ . _ __ _ _ ---- - -___— ---_.. _ _— - _._ . _ ____--- _
ATTACHMENT 3 - CITY OE AUBURN'S ENVIRONMENTAL REVIEW
DRAFT AND FINAL NORTI-IEA$T AUBURN/ROBERTSON PROPERTIES
ENVIRONMENTAL IMPACT STATEMENTS AND SUPPLEMENTS AND ADDENDA,
ETC.
1. Draft Environmental Impact Statement Northeast Auburn Robertson Properties Special '
Area Plan, City of Auburn,2004
2. Final Environmental Impact Statement Northeast Aubum Ro6ertson Properties Special
Area Plan, City of Auburn,2004
3. Addendum Final Environmental Impact Statement 1Vortheast Auburn Robertson
Properties Special Area Plan,City of Auliurn, 2004—clarificadon of wetland-related teict,page 9
4. Addendum to Final Environmental Impact Statement Northeast Aubum Robertson
Properties Special Area PIan,.City of Auburn, 2011 —evaluates I 1 acres added to the project site,
identification of project phasing, changes in intersection signalization, changes�in surrounding
development, changes in regulations
(Due to the corrsiderable size of the EIS-related documents, hard copies of the documents have
not been reproduced for gll packets distr,ibuted for the meeting. Electronic copies of the
documents are available in the electronic distribution and hard copies are available on request
from the Ciry of Auburn, Planning and Community DevelopmentDepartment at One East Matn
Street, Auburn Wi198001, 253-804-5033.)
Attachment 3
ATTACHMENT 4—AUBURN GATEWAY
ARCHITECTURAL AND SITE DESIGN STANDARDS DOCUMENT
Attaclunent,4
ATTACFIMENT 5—DEVELOPMENT REGULATIONS
Listing of Development Regulations as provided for in Section 4 of the Development
� Agi�eement.
ACC Title 12, (Streets, Sidewalks and Public V✓orks) Except Chapters 12.04 (Public Works
Construction) and 12.64A(Required Pulilic Itnprovemeats), and excluding any provision in Tifle
12 requiring payment of pemut fees and assessments and excludiag provisions setting forth
permit procedwes.
ACC Chapter 15.68, Flood Hazard Areas except any provisions related to requiring payment of
fees and permit pmcedures: �
ACG Tifle 16 (Environmental Rediew, Shoreline Development Pemuts and Critical Areas
Regulations)except aay provisions related to requiring payment of fees and permit procedures.
, . ACC Title 17 (Land Adjushnents.and Divisions) except any provisions related to requiring
payment of fees and permit procedures.
� ACC Title 18 (Zoning) except any provisions related to requiring payment of fees and permit
procedures.
The Development Regulations attached as Attachment 5 are not in a form suitable for recording.
Copies of the Development Reguladons Attachment 5 have beenprovided to Aubum Properties
Inc. and the City of Auburn with this Agreement and ai the time of this Agreement. Any person
wanting copies of this Attachment 5 may obtain such copies by contacting the City Clerk, at the
City of Auburn City Clerk's Offi_ce25:West Main Street, Auburn, WA, 98001, (253) 931-309Q
or Aubum Pmperties Inc.;Attn: John Manavian c/o Robertson Properties Group, 120 N.
Robertson Blvd., Los Angeles, CA 90048,Telephone No.: (310)'855-8484 or Telecopier No.:
(310) 642-8538
Attachment 5
' - - - _ _