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CITY CLERK'S OFFICE
CITY OF AUBURN
25 West Main
Auburn. WA 9&001
ORDINANCE NO. 4 5 2 3
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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.
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WHEREAS, Application No. CUP0002-91 dated June 3, 1991,
together with site plans therefore, has been submitted to the
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city of Auburn, Washington, by PUGET SOUND POWER & LIGHT
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COMPANY requesting a Conditional Use Permit to allow
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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
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section 2 of the Ordinance; and
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WHEREAS, said request above referred to, was referred to
the Hearing Examiner for study and public hearing thereon; and
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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
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Ordinance No, 4523
October IS, 1991
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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.
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Ordinance No, 4523
October 15, 1991
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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.
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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.
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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.
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Ordinance No, 4523
October 15, 1991
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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
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Ordinance No, 4523
October 15, 1991
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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.
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Ordinance No. 4523
October 15, 1991
Page 5
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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.
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Ordinance No. 4523
October 15, 1991
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/()-c2/-91
/0 -ó2l- 9 I
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INTRODUCED:
PASSED:
APPROVED:
ATTEST:
~/i)WÁuI~
Robin Wohlhueter, city Clerk
APPROVED AS TO FORM:
st~e~.~
City Attorney
PUBLISHED:
/0 - ;)()- 9 )
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Ordinance No, 4523
Octuber 15, 1991
Page 7
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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.
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~ B. One of the legal accesses to the puget Power Parcel
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::) 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
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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.
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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~
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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
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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
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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
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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
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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
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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
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IN ~~r~ESS WHEREOF I
Offi~' ASW'ì~,tÞe day and
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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·
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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
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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.
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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.
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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;
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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;
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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.
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'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
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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.
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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.
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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)
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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
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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.;.
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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_
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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.
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