Loading...
HomeMy WebLinkAbout4523 M '" C"J o rrJ .... N .... .... C1) ¡ ¡ I i ! . 8 f - - , !I õ: . ..: - 20 21 22 23 24 25 26 1 0)wvu+O : CITY CLERK'S OFFICE CITY OF AUBURN 25 West Main Auburn. WA 9&001 ORDINANCE NO. 4 5 2 3 D9- ~\~ 2 3 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF AN ELECTRICAL SUBSTATION TO BE KNOWN AS "PEASLEY SUBSTATION" TO BE SITUATED ON PROPERTY LOCATED AT 1500 INDUSTRY DRIVE S.W. IN AN M-1 (LIGHT INDUSTRIAL) ZONE, WITHIN THE CITY OF AUBURN, WASHINGTON. 4 5 6 WHEREAS, Application No. CUP0002-91 dated June 3, 1991, together with site plans therefore, has been submitted to the 7 8 city of Auburn, Washington, by PUGET SOUND POWER & LIGHT 9 COMPANY requesting a Conditional Use Permit to allow 10 11 12 13 construction of an electrical substation to be known as "Peasley Substation" to be situated on property located at 1500 Industry Drive S.W. in an M-1 (Light Industrial) zone within the city of Auburn, Washington, hereinafter described in 14 section 2 of the Ordinance; and 15 WHEREAS, said request above referred to, was referred to the Hearing Examiner for study and public hearing thereon; and 16 17 18 19 WHEREAS, the Hearing Examiner, based upon staff review, held a public hearing to consider said petition in the Council Chambers of the Auburn city Hall, on September 17, 1991, at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to allow construction of an electrical substation to be known as "Peasley Substation" to be situated on property located at 1500 ------------..._-------------- Ordinance No, 4523 October IS, 1991 Page 1 1 2 3 4 5 6 7 8 9 10 ~ 11 ~ 12 ~ 13 ~ ;:: 14 15 16 17 18 19 20 21 22 23 24 25 26 Industry Drive s.w., based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT 1. The owner/applicant, puget Sound Power & Light Company, through its agent, Tom Russell, seeks a Conditional Use Permit to allow the construction of an electrical substation to be known as "Peasley Substation". 2. The subject site is located at 1500 Industry Drive S.W. and is .98 acres in size. The site is vacant and is currently zoned M-1, Light Industrial. 3. Surrounding zoning and land uses in the vicinity include M-1 in all directions. Land to the north, south, and west is vacant but is designated in the Comprehensive Plan for light industrial uses. The land to the east includes the Interurban Trail which is designated for public and quasi- public uses in the Comprehensive Plan. 4. The requested use, that of the utility substation, is permitted in the applicable zoning district subject to the issuance of a conditional use permit. 5. The evidence establishes that the substation will contain the transformer equipment which will be necessary to serve the proposed development of "Auburn 400". Currently, an environmental impact statement is being prepared for a regional shopping center. 6. Abutting the site is the Interurban Trail heavily used by pedestrians and bicyclists and provides a connection for that purpose between south King County and the Seattle area. 7. The Interurban Trail lies within a 100 foot right-of-way which puget Power owns. Puget Power also uses this area as an electrical line distribution corridor. The evidence establishes that part of the substation will encroach within the 100 foot right-of-way. This encroachment is required in order to more effectively connect the transformer station to the distribution lines. ----------._------------------ Ordinance No, 4523 October 15, 1991 Page 2 M ~ C"J o 00 .... N .... .... 0') 19 20 21 22 23 24 25 26 1 2 8. As part of this project, puget Power proposes to move the trail to the eastern portion of their right-of-way and to provide a significant amount of landscaping to buffer the trail from the proposed substation. The trail will remain open during the construction of the substation. 9. The substation is located within a lot which does not front on a street. The lot is provided legal access by a 20 foot wide easement which ultimately intersects with Industry Drive, a public street. 10. Private easements are usually created through the short plat process. The subject lot, however, was created in 1985 as a result of a lot line adjustment. 3 4 5 6 7 8 9 11. The applicable city regulations, sections 17.14.100(E) (1) of the Land Division Ordinance requires private streets to be paved and the Zoning Ordinance requires driveways which serve parking areas to be paved. 12. The evidence establishes that the access easement which serves Puget Power's lot bisects another lot owned by the Quadrant Corporation. The lot is not developed. The applicant and the lot owner, Quadrant, do not object to the paving of the access, however, there is a concern regarding the timing of the paving since the lot owner, Quadrant, believes it would be appropriate to delay the paving of the lot until development on their lot occurs. l3. A Mitigated Determination of Non-Significance was issued with thirteen mitigating conditions. 10 11 12 13 14 15 16 17 18 14. The Comprehensive Plan has goals and objectives which seek to give priority to protecting industrial sites through the utilization of quality visual amenities. 15. A revised condition of the proposed permit was submitted to the undersigned on September 19, 1991 dealing with a possible delay in the paving of the access. By letter dated September 23, 1991 received by the Hearing Examiner on September 24, 1991, the applicant indicated no objection to the condition. 16. The amended staff report, with its recommendation of conditional approval, is incorporated herein by reference as though set forth in full. ------------------------------ Ordinance No, 4523 October 15, 1991 Page 3 1 2 3 4 5 6 7 8 9 M 10 ~ 0') 11 ~ 12 .... N 13 .... .... 0") 14 15 16 17 18 19 20 21 22 23 24 25 26 CONCLUSIONS OF LAW 1. The Zoning Ordinance at section 18.64.040 sets forth a series of criteria which must be established by the evidence before a conditional use permit can be granted. The first of these criteria is that the use will have no more of an adverse effect on health, safety, or comfort of persons than would any use generally permitted in the district. The substation will be substantially screened and landscaped. This criteria is established by the evidence. 2. The proposal must be in accordance with the goals, policies, and objectives of the Comprehensive Plan and must comply with all requirements of the Zoning Ordinance. If the landscaping and screening as established on the site plan is effectively implemented, it will be consistent with Comprehensive Plan policies which promote the development of aesthetic amenities in industrial areas. The proposal meets or is capable of meeting the requirements of the Zoning Ordinance. 3. The evidence further establishes that the proposal can be constructed and maintained so as to be harmonious and appropriate in design, character and appearance with the intended character of the general vicinity. The proposal will not adversely affect the public infrastructure and in fact will provide necessary power to compliment and add to the existing public infrastructure. For each of the above referenced reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this Conditional Use Permit to allow construction of an electrical substation to be known as "Peasley Substation" to ------------------------------ Ordinance No, 4523 October 15, 1991 Page 4 _._---~-~-_._~-----~_._-_._._-_.._~_.._._-_._..- 1 2 3 4 5 6 7 8 9 M ~ 10 0") 0 11 00 .... 12 N .... 13 .... 0") 14 15 16 17 18 19 20 21 22 23 24 25 26 be situated on property located at 1500 Industry Drive S.W. is approved and affirmed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The above cited Hearing Examiner's Findings of Fact and Conclusions, are herewith incorporated in this Ordinance. section 2. A Conditional Use Permit is hereby approved to allow construction of an electrical substation to be known as "Peasley Substation" to be situated on property located at 1500 Industry Drive S.W. in an M-1 (Light Industrial) zone, situate in the City of Auburn, county of King, state of Washington, and is legally described as follows: Lot "D", LLA No. 851108l078. That portion of lots "B", "C". and "D" of the City of Auburn lot line adjustment as filed under King County Recording No. 8412l30513, situated in the SE 1/4 NW 1/4 section 24 TWP, 21 N, R4 E, W.M. section 3. The north access easement shall be paved to a minimum width of 20 feet, the construction design to be approved by the City Engineer. The paving of the access may be delayed. The paving shall be done either when the adjoining Lot 'B' is developed, or within 1 1/2 years from the date of the completion of the substation if Lot 'B' is not yet developed. ------------------------------ Ordinance No. 4523 October 15, 1991 Page 5 "-- ----~~---~----_.._-_._---_._----_.__..._--~_..-.__.__.---- 1 2 3 4 5 6 7 8 9 M 10 ~ 11 ~ 0 CT:J 12 '1'"4 N 13 '1'"4 '1'"4 14 0") 15 16 17 18 19 20 21 22 23 24 25 26 In order to ensure the paving will occur, a binding agreement shall be executed between the City, puget Power and the owner of Lot 'B', Quadrant. The agreement shall contain provisions for a form of financial security that the city may use to pave the access if this condition is not fulfilled by Puget Power or Quadrant. The agreement shall be prepared by Quadrant and/or puget Power, approved by the City and recorded against the title of each property owner, i.e. puget Power and Quadrant. The agreement shall be executed and recorded prior to issuance of building permits for the substation. Section 4. upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor. Section s. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 6. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. -----------------------------. Ordinance No. 4523 October 15, 1991 Page 6 1 2 3 4 5 6 7 8 M 9 ~ 0') 0 10 00 .... 11 N .... 12 .... 0') 13 14 15 16 17 18 19 20 21 22 23 24 25 26 /()-c2/-91 /0 -ó2l- 9 I fO·dl- 9/ INTRODUCED: PASSED: APPROVED: ATTEST: ~/i)WÁuI~ Robin Wohlhueter, city Clerk APPROVED AS TO FORM: st~e~.~ City Attorney PUBLISHED: /0 - ;)()- 9 ) --------._-------------------- Ordinance No, 4523 Octuber 15, 1991 Page 7 ~ ?:Y~~ , MAY R {}3 lð. I OKb 1~;(3 It 31& 1 PAVING AGREEMENT ~ This Paving Agreement (the "Agreement"), dated as of this ~ day of --:...1 U'-;t , 1992, is made and entered into by and among The CITY 0 AUBURN, a Washington municipal corporation ("Auburn"), THE QUADRANT CORPORATION, a Washington corporation ("Quadrant"), and PUGET SOUND POWER & LIGHT COMPANY, a Washington corporation ("puget Power"). Auburn, Quadrant and puget Power are sometimes referred to in this Agreement collectively as the "Parties" and individually as a "Party." RECITALS A. puget Power has an interest in certain real property located at 1500 Industry Drive S.W., in Auburn, King County, Washington, more particularly described on the attached Exhibit A (the "puget Power Parcel"). Puget Power desires to construct a substation on the Puget Power Parcel (the "Substation"). Puget Power sought and obtained Conditional Use Permit No. CUP0002-91 (the "CUP") from Auburn, allowing puget Power to construct the Substation upon the Puget Power Parcel under certain conditions. -.£) ~ B. One of the legal accesses to the puget Power Parcel - ::) is provided by a twenty-foot wide private easement across UJ certain real property owned by Quadrant and more particularly as described on the attached Exhibit B (the "Quadrant Parcel"), C) the portion of the Quadrant Parcel encumbered by the private ~ easement being more particularly described on the attached a-- Exhibit C (the "Easement Area"), all as more particularly set forth in that certain Establishment of Access and Utilities Easement dated February 3, 1986, King County Recording No. 8604010717 (the "Original Easement"). C. The CUP requires (a) the Easement Area to be paved when the Quadrant Parcel is developed or within one and one- half years after the Substation is completed if the Quadrant Parcel is not yet developed; and (b) the Parties to enter into a binding agreement addressing the paving of the Easement Area. D. Pursuant to the foregoing and subject to the terms and conditions of this Agreement, the Parties desire to enter into this Agreement. PAVING AGREEMENT [07772-109)BA921980.03b PAGE 1 7/30/92 --".--,._.~---..---...- _.~--_._~_.- II II NOW THEREFORE, the Parties agree as follows: Section 1. Grading and Paving the Easement Area 1.1 puget Power shall have the right, at puget Power's sole cost and expense, to (i) grade the Easement Area in accordance with the specifications provided to AUburn on December 20, 1991, and (ii) pave the Easement Area in accordance with the specifications attached hereto as Exhibit D; provided, however, that Puget Power shall not commence paving the Easement Area until the earlier of the following dates: (a) a date which is the day development of the Quadrant Parcel shall have been completed, or (b) a date which is at least eighteen (18) months after the Substation is completed and after the City has notified Quadrant and Puget Power that paving must commence. For purposes of this Agreement, the Substation will be deemed completed when Puget Power energizes the Substation in the normal course of its operations. 1.2 Notwithstanding the foregoing, Quadrant may, in connection with the initial development of the Quadrant Parcel, grade and/or pave the Easement Area as described above ~ prior to such grading and/or paving being undertaken by Puget í~ Power; provided, however, that any such grading and/or paving t; activities undertaken by Quadrant shall not unreasonably UJ interfere with puget Power's Substation construction as activities; and provided further that puget Power's Substation CJ construction activities shall not unreasonably interfere with 0J development of the Quadrant Parcel. 0" 1.3 If puget Power grades or paves the Easement Area prior to the development of the Quadrant parcel, Quadrant shall have the right to redesign and demolish, re-grade and re-pave the Easement Area once, in order to achieve consistency with the improvements in connection with the initial development of the Quadrant Parcel as may be desired by Quadrant. 1.4 If Quadrant undertakes grading and/or paving activities pursuant to paragraphs l.2 or 1.3, above, puget Power shall, after completion by Quadrant of such grading and/or paving, pay to Quadrant, upon demand, an amount equal to the reasonable costs and expenses properly incurred and owing for such grading, paving, redesign, demolition, re- grading and re-paving of the Easement Area, but in no event PAVING AGREEMENT 007772·109JBA9219BO. O~ PAGE 2 7/30/92 ---~--------- --- - ·--~T-·----fìT"·_- , , shall puget Power be required to pay more than a total of Six Thousand Dollars for any such grading, paving, redesign, demolition, re-grading and re-paving. Quadrant shall be solely responsible for any and all costs and expenses incurred in any grading and/or paving activities in the Easement Area undertaken by Quadrant in excess of Six Thousand Dollars ($6,000.). 1.5 Any grading or paving activities in the Easement Area undertaken by Quadrant after the initial development of the Quadrant Parcel shall be the sole responsibility, and at the sole expense, of Quadrant. Section 2. Construction Any and all grading and paving undertaken by puget Power or by Quadrant in accordance with the terms of this Agreement shall be performed by a qualified contractor, with first quality materials, in a good and workmanlike manner, in compliance with all laws and shall be diligently pursued to completion, once commenced. Puget Power shall indemnify and hold Quadrant harmless from any and all costs, expense, liability, responsibility, damage to person or property, lien ~ or claim (including attorney's fees) arising out of puget ~ Power's entry upon the Quadrant Parcel and the Easement Area t3 and work undertaken thereon; provided, however, nothing herein UJ shall require puget Power to indemnify or hold harmless () Quadrant for any such costs, expense, liability, 00 responsibility, damage to person or property, lien or claim Þ3 (including attorney's fees) attributable, in whole or in part, ~ to Quadrant's negligence. Except as expressly provided in this Agreement, Quadrant shall indemnify and hold harmless Puget Power from any and all cost, expense, liability, responsibility, damage to person or property, lien or claim (including attorney's fees) arising out of Quadrant's activities on the Easement Area and work undertaken thereon; provided, however, nothing herein shall require Quadrant to indemnify or hold harmless puget Power for any such costs, expense, liability, responsibility, damage to person or property, lien or claim (including attorney's fees) attributable, in whole or in part, to Puget Power's negligence. Section 3. Maintenance puget Power shall at Puget Power's sole cost and expense, maintain the Easement Area in a condition acceptable for PAVING AGREEMENT rom2-109JBA921980.0311 PAGE 3 7/30/92 -..D (\.1 r-- C) LD o ) ~ --' N 0" normal graded or paved roadway operation; provided however, that puget Power shall not be required to maintain the Easement Area in such condition (i) until after initial grading and/or paving of the Easement Area have occurred; and (ii) during any period in which Quadrant has undertaken grading and/or paving activities on the Easement Area. Section 4. security To ensure that the Easement Area is paved in accordance with Section 1 of this Agreement, Puget Power shall, simultaneously with the execution of this Agreement, provide to Auburn a performance bond, substantially in the form attached hereto as Exhibit E (the "Performance Bond"). section s. Recording Any Party, upon notice to the other Parties, may record this Agreement. To the extent that this Agreement conflicts with the terms of the Original Easement, this Agreement shall control and be deemed to amend and supersede the provisions of the Original Easement. section 6. Miscellaneous 6.1 Limitation of Liability to AUburn puget Power shall not be liable to Auburn (or its respective agents, servants, employees, contractors, subcontractors, representatives, successors, or assigns) for any and all claims, actions, damages, or liability asserted or arising in connection with the performance of its obligations hereunder; provided, however, that Auburn, in the event puget Power fails to pave the Easement Area pursuant to this Agreement, may realize on the Performance Bond as its sole remedy for such failure. 6.2 Right of Enforcement by Quadrant Except as provided in paragraph 6.1, above, in the event of any Party's default in its obligations hereunder, the non- defaulting Party shall have the right to fully enforce this Agreement, ~ithout any limitation of liability, and pursue all remedies available at law and in equity. PAVING AGREEMENT [o7772-109)BA9219BO.03b PAGE 4 7/30/92 .._--_._._~-~.~-.-- -~-~I '-Û ("1.1 r- o Ln o Cü o N (J'> 6.3 Force Majeure Puget Power shall not be deemed to have failed to perform any of its grading and paving obligations hereunder for any period of time during which puget Power is prevented from performing such obligations due to: (i) the availability of permits, approvals, licenses, or other governmental requirements as may impact the performance of its obligations; (ii) operational needs which affect the supply of or involve the interruption, suspension, curtailment or fluctuation of electrical services and which, in the exercise of reasonable prudence by Puget Power, requires puget Power to take, or refrain from taking, any action which impacts the performance of its obligations; or (iii) circumstances beyond Puget Power's reasonable control (including, but not limited to, site conditions, strikes, inability to obtain necessary labor, equipment or materials, embargoes, governmental regulations, acts of God, war or strife). 6.4 Notices Any notice, request, designation, direction, statement or other communication under this Agreement shall be in writing and shall be delivered in person or mailed, properly addressed and stamped with the required postage, to the intended recipient at the following addresses: If to Auburn: City of Auburn City Hall 25 West Main Street Auburn, Washington 98001-4998 Attn: Marv Seabrands, city Engineer If to Quadrant: Quadrant Corporation lllOO N.E. 8th street, Suite 500 P.O. Box 130 Bellevue, WA 98009 Attn: Walter P. Costello If to Puget Power: puget Sound Power & Light Co. P.O. Box 97034 One Bellevue Center - lIS Bellevue, WA 98009-9734 Attn: John C. Campion Any Party may change its address by giving the other Parties notice of such change in accordance with this paragraph 4.3. PAVING AGREEMENT W777Z-109)BA92'980.0:!ll PAGE 5 7/30/92 ------~- '-Ü (\] r- o LD -. ) o N 0'" 6.5 No Partnership This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the Parties or to impose any partnership obligations or liability upon any Party. Further, except as otherwise specifically provided in this Agreement, none of the Parties shall have any right, power or authority to enter into any agreement or undertaking for, on behalf of, or to otherwise bind any other Party. 6.6 Amendment No amendment, change or modification of any provision of this Agreement shall be valid unless set forth in a written amendment to this Agreement signed by all of the Parties. 6.7 Attorney's Fees Except as provided in paragraph 6.1, above, if any Party hereto finds it necessary to bring any action at law or other proceeding against any other Party to enforce any of the terms, covenants or conditions hereof or any instrument executed in pursuance of this Agreement, or by reason of any breach or default hereunder or thereunder, the Party substantially prevailing in any such action or proceeding shall be paid all costs and reasonable attorneys' fees by the other Party, and in the event any judgment is secured by such substantially prevailing Party, all such costs and attorneys' fees shall be included in any such judgment, attorneys' fees to be set by the court and not by the jury. 6.8 Time Time is of the essence in the performance of the respective obligations of the Parties contained in this Agreement. 6.9 Successors and Assigns This Agreement and all of the terms and provisions hereof shall insure to the benefit of and be binding upon the heirs, executors, personal representatives, successors and assigns of the Parties hereto and shall constitute a covenant running with the land. PAVING AGREEMENT [07772-'09)BA921980.0~ PAGE 6 7/30/92 ---- ...[) (\. "- ) u) o CD o (\. 0'" 6.10 Governing Law This Agreement and the rights of the parties hereto shall be governed and construed in accordance with the laws of the State of Washington. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first written above. Auburn: THE CITY OF AUBURN í}p~ s Jt SeYlì".... E"';;j""" e.er Quadrant: By: Its: THE QUADRANT CORPORATION By: ~~(?~ Its: A..ZAU;;~ C' tt¿ P/1"~;'('1I--+- puget Power: PUGET SOUND POWER & LIGHT COMPANY By: L~ 1 ~ +-~-t-k~,-- Its: D¡i'tE<-.: ...(z. \2..tt:-..'-.. -~~\"= STATE OF WASHINGTON ) COUNTY OF ~ ¡ ss. On this '?\c:t day of j"IJ , 1992, before me, the undersigned, a Notary PubL{c in and for the State of Washington, duly commissioned and sworn, personally appeared PAVING AGREEMENT [07772-1 09)BA921980. 0311 PAGE 7 7/30/92 ~ 1 ,- o If) o cO o N (j' w y'\.(...~. , to me known to b the E.ers.on who s gned C. of v ")f.",q. f u 1- (I , the corporation that executed the w th n and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that k. was duly elected, qualified and acting as said officer of the corporation, that was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Pt-~ TARY PUBLIC in and for the state 2f Washington, residing at ~~""'\I\ My Appointment Expires: /1-1-'::;-<; STATE OF WASHINGTON ) ) ss. COUNTY OF K:!Ä ) On this ~k day of ¡¡~'-(IAw..+ , 1992, before me, the undersigned, a Notary Pu91ic in and for the state of Washington, duly commissioned and sworn, personally appeared J ; , to me known to be the person who signed as "m.. , ",. ~ . A . .~ ,4>:'" of ~k.., (~, ...(~cÞ.lCV'.d- (1,)-H'MrHTï;:" , the corporation that exec~ted the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that ~ was duly elected, qualified and acting as said officer of the corporation, that ~A1. was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. PAVING AGREEMENT [07772-1 09)BA9219BO. 0!6 PAGE B 7/30/92 ...._-~--.---------~._~._~_...--rT"'-._--- j .[) .\} r-- o lI) o ex) o N 0" J IN ~~r~ESS WHEREOF I Offi~' ASW'ì~,tÞe day and 4;;;~'r,\/j';'\~ ,.. / \.:) , I,' /. { ( J NOTARY'..' ) . B " ...... PUBLIC '" ~¡1 '/~I. '" "~>" y 7'\ {.j'"" '( .... , \\~v.;' t.. v. ,-",;,.;"';'10-4'__ __\\.~·~_ni'\~ _,"'" have hereunto set my hand and year first above written. a~ dä. ~LÁ NOT~Y PUBLIC in and for the State)qf Washington, residing at i#/ It.{;1{¡;~.f.'( My A ointment Expires:-¡..7_9V STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn~~er~ cer~l.~fY that on this day personally appeared before me :...!X...t)(h:\ ,"'i'J.' LL . , to me known to be the individual(s) described in and w~o executed the foregoing instrument~nd acknowledged that ~ signed and sealed the same as h{~free and voluntary act and deed for the uses and purposes therein mentioned. - GIVEN under my hand and seal this .;::,~ day q,-r->1! 1:Jl.tsf· 19~. ,¿lIr_ ....,,- .... "'" ..... ~""".... ',- ~... -~ ......... ~'~ .: "O""O':f::.'. ~.~- ~ ::. ~'('" 0;. ~. ... .. : HOr"a-... ~ .. =. ~w.: : i -*- : : ": ':. ~ Pueuc : = .. <P -.c:;.. ~.. = ,. :..;.. .....{... .,..;~:. .30. ... -::', "'~'..'~!:J.~~....~-ç..$ "" 01' WAS't\\V.'<> ",- I, " "'''''u''~'' V ,_I . 2.yl.dxrJŒi~1 £) NðTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT ~;Xé-nll1{-.Ï<'::.- / Ex.p. 8- ICi _ci5 PAVING AGREEMENT [07772·109)8A921980.03JI PAGE 9 7/30/92 \ \ I ¡ Exhibit "A" That portion of Lot D of City of Auburn Lot Line Adjustment recorded under Recording Number 8511081078 which lies within lots 21 and 22, AUburn 400 Corporate Park Division 1, according to the plat thereof recorded in Volume 128, pages 97, 98 and 99, in King County, Washington. -.J) CIJ f"- a l() C) :) ...::> ('\J a-- II Exhibit "B" Lot B of City of Auburn Lot Line Adjustment recorded under Recording Number 8511081078, which lies within lots 21 and 22 of the Plat of Auburn 400 Corporate Park Division 1, according to the plat thereof recorded in Volume 128 of Plats, pages 97, 98 and 99, records of King County, Washington. ...0 r\l r- o lJ) J .) o C\ 0"' II II Exhibit "C" That portion of Lot 22 of the Plat of Auburn 400 Corporate Park, Division 1, as recorded in Volume 128 of Plats, pages 97-99 inclusive, records of King County, Washington, more particularily described as follows: COMMENCING at the Southwesterly corner of said Lot 22; THENCE S 58038'05" E, along the Southwesterly line of said Lot 22, a distance of 120.71 feet; THENCE N 31031'55" E, along a line parallel to the Southeasterly margin of Industry Drive s.w., a distance of 111.95 feet to the TRUE POINT OF BEGINNING, hereinafter referred to as Point "A" THENCE continuing N 31021'55" E, 10.00 feet; THENCE S 58038'05" E, 20.00 feet; THENCE N 31021'55" E, 10.00 feet; -.[) nJ "- .::> J THENCE N 58038'05" W, along a line parallel to the Southwesterly line of said Lot 22, a distance of 166.68 feet to the Easterly margin of Industry Drive S.W. and a point on a curve the center of which bears N 83°03'59" W; -' ::0 C) :-\J ':1' THENCE Southerly along said margin and a non-tangent curve tg the right having a radius of 290.00 feet, through a central angle of 4 16'18", an arc length of 21.62 feet; THENCE leaving said margin S 58038'05" E, along a line parallel to the Southwesterly line of said Lot 22, a distance of 138.48 feet to the TRUE POINT OF BEGINNING. .----- Iii I 'PUGET -POWER Exhibit D Standards Manual 8350.0050 r SUBJECT Standard Practice REVISION 0 TITLE Asphalt Paving Installation PAGE lot 2 NOVEMBER 12, 1991 APPROVALS PREPARED BY K.Owen ..~ SCOPE This standard covers the materials and construction methods when installing asphalt pavement for substation en- trance driveways or similar applications. REQUIREMENTS 1. Aggregate for asphalt concrete shall be Washington State Department of Transportation (WSDT) Class B in accordance with WSDT Standard Spec. 9-03.8. 2. Paving asphalt shall be viscosity grade AR-4000W in accordance with WSDT Standard Spec. 9-02.1 (4). 3. Tack coat shall be CSS-l or CSS-1h asphall emulsion in accordance with WSDT Standard Spec. 9-02.1 (6). r TESTS AND INSPECTION The top or wearing surface, when finished, shall be of uniform texture, smooth, true to grade, and free from defects of all kinds. The smoothness shall be such that, when tested with a ten (10) toot straightedge placed on the sur- face with its centerline parallel to the centerline or the pavement, the maximum deviations of the surface from the edge of the straightedge does not exceed one-tenth (0.1) inch at any point on the surface. PROCEDURE ....0 1. (lJ r- D 2. lD D CO D 3. N (]' 4. 5. Asphalt concrete shall be placed only during dry weather. No asphalt concrete shall be placed when the atmospheric temperature is below 40 degrees Fahrenheit. The asphalt concrete mixture shall be transported to the place of installation in suitable dump trucks, each load being covered with a tarpaulin while in transit to minimize heat loss to the mixture. The asphalt concrete shall only be placed on properly sterilized and compacted base, which is dry, clean, and true to line and grade. The temperature of the asphalt concrete when placed shall be not less than 250 degrees Fahrenheit. The asphalt concrete course may be spread and finished by hand methods, using hot rakes and other suit- able tools, and CheCking the accuracy of surface grade by means of suitable templates; or it may be spread and finished by special spreading and finishing equipment designed and operated such that the finished sur- face of the course strikes off at required grade. 6. Immediately fOllowing spreading, the asphalt concrete shall be compacted by rOiling with a self-propelled roller of sufficient weight to compact the mixture to the required density while it is still in a malleable state. Rolling shall commence at the outside edges of the strip being paved and shall progress towards the center of the strip, allowing the compression wheels to overlap, by half their width, the area covered on the preced- ing pass. Rolling shall continue until the asphalt concrete has been compressed to a degree of compactness not less than 92% as determined by AAHSTO T230. Areas inaccessible to the power roller shall be smoothed with hot smoothing irons. and compacted with hot iron tampers. ( --~-- ---- II PUSET . POWER . '. Standards Manual 8350.0050 SUBJECT Standard Practice Asphalt Paving Installation REVISION 0 ( TITLE PAGE 20f2 NOVEMBER 12. 1991 7. The placing of asphalt concrete shall be as continuous as possible, and the roller shall pass over the unpro- tected end of the freshly laid mixture only when the laying of the course is discontinued long enough as to permit the mixture to become chilled. When the work is resumed. the material previously laid shall be cut back so to produce a lightly beveled edge for the full thickness of the course. The old material which has been cut away shall be removed from the site and new mix shall be laid against the fresh cut. Hot smoothing irons can be used to seal the joint. -.i) Cù "- Ö LD D CO D N 0" NOTE: Do not over heat the new joint with the smoothing irons as that can cause the joint not to seal properly. 8. The asphalt concrete pavement shall be placed in two lifts and. unless otherwise specified, shall be three (3) inches thick after compactness. A tack coat must be applied between paving courses in the amount of 0.02 to 0.06 gallons per square yard. 9. Where the aSphalt concrete is to come in contact with Portland cement concrete, the Portland cement con- crete shall be lightly sprayed with hot asphalt immediately before the asphalt concrete is placed. Asphait or asphalt stains which come upon exposed surfaces of Portland cement concrete shall be promptly and com- pletely removed. 10. Traffic not necessary for construction purposes shall not be allowed to come upon the pavement until it has ( completely cooled and set. SOURCES WSDT WSDT WSDT Standard Spec. 9-03.8 Standard Spec. 9-02.1 (4) Standard Spec. 9-02.1 (6) e ,. .._~.._---~- T II II Exhibit E í~ SAFE CO CO INSURANCE COMPANY OF AMERICA -,RAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL IN~URANCE.COMPANY OF AMERIC HOME OFFICE: SAFECQ PLAZA SEATTLE, WASHINGTON 981&5 Bond 5720615 LICENSE OR PERMIT BOND KNOW ALL BY TIŒSE PRESENTS, That we, PUGET SOUND POWER & LIGHT COMPANV as Principal. of PUGET POWER BUILDING (Street and Number) BELLEVUE (City) WASHINGTON (State) and the SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, as Surety, are held and firmly bound unto CITV OF AUBURN, AUBURN CITV COUNCIL , as Obligee. in the sum of FIVE THOUSAND AND NO /100- - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 5,000.00 ) for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our se<!1s, and dated this 29TH day of JANUARV , 19 92 -..{) C\J --- ::) .r ::) ::0 :::> :'\J .J" THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has been or is about to be granted a ~~~~~J!Wit~jij¡~1JJí~¡¡~U COND I T I ONAl USE PERM IT / APPl I CA T I ON #CUP0002-91 by the Obligee. (Peas 1 ey Subs ta t ion) NOW, THEREFORE, if the Principal well and truly comply with applicable local ordinances, and conduct business in conformity therewith, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER: 1. This bond shall continue in force: o Until Certificate executed by the Surety OR [X] Until canceled as herein provided. 2. This bond may be canceled by the Surety by the sending of notice in writing to the Obligee. stating when, not less than thirty days thereafter, liability hereunder shall terminate as to subsequent acts or omissions of the Principal. 19 or until the date of expiration of any Continuation CUGET SOUND POWER & IGHT COMPANV Principal SAFECO INSURANCE COMPANY OF AMERICA ~ . By ¡. yff/II d./ ,-:;(. '\ ' CVNT I A L. FOY ~y-in-Fact S-1235/EP ðrgo PRINTED IN U.S.;. II - - , ·X ! .~ SAFECO POWER OF ATTORNEY SAFECO INSuRANCE COMPANY OF AME.~I( GENERAL INSURANCE COMPANY OF Ar,,1E'; HOME I)FFICE SAFECO PLAZA SEArTLE. wASHIN'c;rON 96'85 No. 347 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA ;."d GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation. does each hereby apPOInt -----THOMAS J. JOCHUMS; LORI WHITTED; KENNETH D. HOUTZ; EVELYN. ~!cCAIN; CYNTHIA L. FOY; P.D. DINEE.~, Seattle, Washingtoh----------------~------------------------------------- its true and lawful attorney(s)·ln-facr. with full authority to execute on jlS behalf fidelity and surety bonds or undertakings and other documents of a Similar character ISSlJ~d In the t.:our<;e of 1['5 business. and 10 bind the respective company thereby IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERrCA have each executed and attested these pre!;ents this 6th __ day of October 89 19_ .-,~ ...--- o' ~ (\J r- C) LD C) C' L 0.i 0'" CERTIFICA TE Extract f'om the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: ··Article V, SectIon 13. - FIDELITY AND SURETY BONOS '. the Presld~nr. any Vice President, [he Secretary, and lIny Assistant Vice President appointed for that purpose by the officer an charge of surety operatIons, shall eéJch hé)ve authority to appoant individuals as attorneys-in-fact or under other approprléJte IItles with authoruv [0 execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the company an the course of Its business. . On any instrument makIng or eVidencing such apPOIntment, the signatures may be affixed by facsImile. On Jny instrument conferrang such authoruy or on any bond or undertaking of the company. the seal. or a facSlmrle thereof. may be impressed or affixed or in any other manner reproduced; provIded, however, that [he seal shaH not be necessary to the validity of any such instrument or undertaking.·· Ex"act fmm a Resolution of the Board of O"eclo'5 of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adop,ed July 2B. 1970. "On any certificate executed by the Secretary or an assistanr secretary of the Company serung our. (i) The prOVISions of Article V, Section 13 of the By·Laws. and (ii) A copy of the power-of-attorney appointment. executed pursuanr thereto. and (iii) CertIfying that said power-of-attorney appOIntment IS In full force and effect. the signature of the certifYing officer may be by facsimile, and the seal of rhe Company may be a facSLm.lle thereof.·' I, Soh A. DIckey, Secretar¡ of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERIC~. do hereby certify that [he foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations. and of a Power of Attorney issued pursuant thereto, are true and correcr, and that both (he By-Laws. the Resolution and the Power of Attorney are stili in full force and effect. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facsimile seal of said corporarlon [hiS 29th day of January .19 92 <;:.q74 q,nJdH5 Pl\lI''lTEOINU S.:r. .._._-_.._.....~~-_. !IT"--