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HomeMy WebLinkAbout5206Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): ORDINANCE NO. 5206 Reference Number(s) of Documents assigned or released: ["]Additional reference #'s on page of document Grantor(s)lBorrower(s) (Last name first, then first name and initials) CITY OF AUBURN Grantee/Assignee/Beneficiary: (Last name first) WEST BEVERLY DIVISION NO. 4 Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Section 11, Township 21 N, Range 04 Described as follows: [] Additional legal is on page _12_ of document, Assessor's Property Tax Parcel/Account Number 112104-9013 [] Assessor Tax # not yet assigned ORDINANCE NO. 5 2 0 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF WEST BEVERLY HILL DIVISION NO. 4 A 95-LOT SINGLE-FAMILY SUBDIVISION LOCATED EAST OF "W" STREET NW AND WEST OF THE TERMINUS OF 15TH STREET NW, WITHIN THE CITY OF AUBURN, WASHINGTON SUBJECT TO CONDITIONS. WHEREAS at the regular meeting of the Auburn City Council held on December 21, 1998, the Auburn City Council approved the Final Plat of West Beverly Division No. 4, Application No. PLT0002-94R, attached hereto as Exhibit A and incorporated herein by reference, subject to staff confirming the adequacy of the plat bond; and WHEREAS; On Tuesday, December 22, 1998, the City Engineer confirmed to the City Attorney the adequacy of the bond amount for the remaining amount of work to be constructed, where upon the City Attorney prepared the Ordinance No. 5206 February 16, 1999 Page 1 ordinance for City Council approval at the next regular scheduled council meeting on January 4, 1999; and WHEREAS; At the regular scheduled council meeting on January 4, 1999, the City Engineer reported that: "Over the holiday season the contractor's unfilled private utility trenches filled with storm-water runoff, saturated the on- site soils, and flowed out of control across the site damaging approximately 390 linear feet of interior plat streets. Apparently due to the lack of control structures on site, storm-waters also infiltrated into the ground and contributed to a slope failure on the North side of Terrace Drive approximately 1,000 linear feet downhill from the lower plat entrance Street"; and that based upon the amount of damages, the ordinance approval should be deferred; and Ordinance No. 5206 Page 2 WHEREAS; On January 14, 1999 City staff inspected the site to determine that significant work remained to be done and that a Stop work order for all work except for erosion control activities should be ordered; whereupon the City Building Official ordered a stop work order on 'January 14, 1999; and WHEREAS; At the January 19th council meeting the City Engineer's report indicated the need for further deferral of ordinance approval; and WHEREAS; On February 4, 1999 City staff; and Representatives of ST Corporation, the property owners, and the developer's Engineer met on site to review the city's concerns about final plat approval with the goal of identifying everything that needed to be addressed. It was Ordinance No. 5206 February 16, 1999 Page 3 observed that the site runoff had improved considerably and that significant on site work had been done to prevent and control erosion. Three main concerns were inspected & reviewed: 1. The need to establish control of side ditch drainage and erosion control along Terrace Drive. 2. Restoration of the damaged side-slope on the northwest side of Terrace Drive. 3 The need for an agreeable and secure plan for · controlling erosion after plat approval while the three builders respectively would be active on site. WHEREAS; It was determined that to control erosion on site after plat approval, that the city needed a binding agreement in which ST Corporation and all parties that have an interest in the property, their heirs, successors & Ordinance No. 5206 Page 4 assigns understand and agree to their respective duties to continue erosion control and to hold the City harmless from all claims & cross claims. This indemnity and hold harmless agreement is attached hereto as Exhibit C, and incorporated herein by reference. The engineer's report of February 4, 1999 attached hereto as Exhibit B, and incorporated herein by reference, specifies the related activities that are recommended and agreed to maintain adequate erosion control after final plat approval As a method of assuring all - concerned that water quality was actually in compliance with state standards, the parties agreed to a testing protocol that would be performed weekly, preferably during rainfall events, to assure that standards are maintained. FINDINGS OF FACT Ordinance No. 5206 February 16, 1999 Page 5 1. The Final Plat as submitted will be in compliance with the Preliminary Plat approved by Resolution No. 2774 and amended by Resolution No. 2844 when all applicable conditions have been met or guaranteed in accordance with 17.08.010 Auburn City Code. West Beverly Hill No. 4, is a 95-1ot single- family subdivision located easterly of "W" Street NW and west of the terminus of 15th Street NW, within the City of Auburn. 2. The Final Plat will be in compliance with the U~ settlement agreement when the Plat is ~ completed. C~ 3. The property owners, as indicated in Exhibit U~ D, attached hereto and incorporated herein by ~"4 reference, shall complete the final plat ~ within 18 months from the posting of the ~ bond. The bond is in an amount of 125% of ~ the amount to complete the final plat. If ~ bond is insufficient the property owners are required to complete the final plat and indemnify and hold harmless the city for any and all costs including attorney fees and costs. 4. The signatories to the attached hold harmless agreement warrant that they are all the parties that have an interest in the property subject to this final plat. CONCLUSIONS OF LAW Ordinance No. 5206 Page 6 1. The Final Plat, when completed, will be in compliance and in conformity with applicable Zoning and Land Division Ordinances and other applicable land use controls. 2. The Plat is consistent with the Comprehensive Plan. 3. The Plat meets the requirements of Chapter 58.17 RCW. Based on the foregoing Findings of Fact and Conclusions, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Plat of West Beverly Hill No. 4, a 95- lot single-family subdivision located easterly of "W" Street NW and west of the terminus of 15th Street NW, within the City of Auburn, Washington, which Plat is on file with the City Clerk of the City of Auburn, and which plat is legally described on the face of the Final Plat and attached as Ordinance No. 5206 February 16, 1999 Page 7 Exhibit "A", is hereby approved subject to condition of Bond and the indemnity and hold harmless agreement. Section 2. Pursuant to RCW 58.17.170, the final plat will conform to all terms of the preliminary plat approval and will comply with all requirements of Chapter 58.17 RCW and applicable state and local laws when improvements are completed. Section 3 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 4. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. Ordinance No. 5206 Page 8 INTRODUCED: FebDreary 16, 1999 PASSED: February 16, 1999 APPROVED: February 16, 1999 CHARLES A. BOOTH MAYOR ATTEST: Deputy City Clerk Ordinance No. 5206 February 16, 1999 Page 9 APPROVED AS TO FORM: ~ynokds, City Attorney Published: Ordinance No. 5206 December 23, 1998 Page 10 LEGAL DESCRIPTION OF PROPERTY The West half of the Southeast quarter of Section 11, Township 21 North, Range 4 East W.M.; EXCEPT the plat of West Beverly Hill Division I, as per plat recorded in Volume 140 of Plats, pages 97 through i00, Records of King County; AND EXCEPT the plat of West Beverly Hill Division II, as per plat recorded in Volume 153 of Plats, pages 1 through 3, Records of King County; AND EXCEPT that portion of the West half of the Southeast quarter of Section 11, Township 21 North, Range 4 East W.M., more parti~:ularly described as follows: BEGINNING at the Northeast corner of the West half of the Southeast quarter of Section 11; THENCE North 89° 56' 54" West along the North line of said Southeast quarter, 167.57 feet to an intersection with an arc of a curve to the left, the radius point of said curve bears South 29° 32' 25" East, 230.00 feet; THENCE along the arc of said curve, a distance of 237.92 feet to a point of tangency, said curve having a central angle of 59° 16' 07" and a radius of 230.00 feet; THENCE South 01 ° 11' 28" West, 625.11 feet to a point of curvature, the radius point of said curve bears North 88° 48' 32" West, a distance of 320.00 feet; THENCE along a curve to the right, an arc distance of 30.30 feet, said curve having a central angle of 05° 25' 30" and a radius of 320.00 feet; THENCE South 83° 23' 02" East along 'a radial line of said curve, 60.00 feet to a point; THENCE South 88° 48" 32" East 221.70 feet, more or less, to the East line of said West half of the Southeast quarter of Section 11; THENCE North 01 ° 1' 28" East along said East line 862.07 feet, more or less to the POINT OF BEGINNING; Situate in the City of Auburn, County of King, State of Washington. Exhibit "A" Ordinance NO. 5206 EXHIBIT "B" TO ORDINANCE NO. 5206 CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES Dennis Dowdy, P.E., City Engineer City of Auburn Engineering Department 25 West Mare Street Auburn, WA 98001 RE: Summary of February 4, 1999, On-Site Meeting at West Beverly Hill No. 4 Our Job No. 5964 Dear Dennis: On behalf of the developer, ST Corporation, I am writing to summarize the results of our field meeting at West Beverly Hill No. 4 that was to review the current condition of erosion control measures and identify steps that need to be taken so that the plat is ready for final recording. I appreciate your effort in pulling the meeting together and working out the issues to be resolved. The following outline summarizes the results of our meeting. 1. Attendance: Dennis Dowdy, City of Auburn Larry Dahl, City of Auburn Hilt TownIcy, City of Auburn Kevin Mohundro, City of Auburn Dan Hanson, ST Corporation Richard McKie, ST Corporation Rob Armstrong, Barghausen Consulting Engineers, Inc. Derek Sinclair, Barghausen Consulting Engineers, Inc. 2. The erosion control condition of the site is 100 percent better than it was a couple of weeks ago, and clean water is now flowing into and out of the pond. The City is requiring the developer to conduct a water quality test in order to get the red tag lifted. Barghausen 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 EXHIBIT "B" TO ORDINANCE NO. 5206 EXHIBIT "B" TO ORDINANCE NO. 5206 Denms Dowdy, P.E., City Engineer City of Auburn Engineering Department -2- February 9, 1999 Consulting Engineers, Inc., will coordinate the water quality test and provide the results to the City as soon as possible. 3. The developer will restall a new 12-inch PVC stubout and a Type 1 catch basin on the west side of Terrace Drive at Station 41+00 to collect drainage from the open space area before it enters the Lloyd commercial parcel. This was not a requirement of the approved plans, but it was agreed to at the meeting. 4. The developer will install a 12-inch perforated pipe and a Type 1 catch basin on Terrace Drive from Station 30+00 to Station 31+00 to fill in the ditch, so that the City will have an area to build the 8-foot sidewalk. The reason for using the perforated pipe in this situation is so that groundwater interflow through the quarry spalls can be collected in addition to the ditch drainage. 5. The ditch on the south side of Terrace Drive from Station 23+00 to Station 25+00 needs to be Lt'J filled in and re-shaped where it has been scoured. This repair is best done next spring so as C'~ not to cause any further sedimentation at this time. For now, the majority of this drainage is I'~ intercepted by the pipe stubout from CB//40 so that the flow in this section of ditch is IfJ negligible. ~:~ 6. The developer will install a 12-inch PVC pipe and Type 1 catch basin on Terrace Drive from ~ Station 28+40 to Station 29+00 to fill in the ditch, so that the City will have an area to build .~ the 8-foot sidewalk. 7. Quarry spall slope protection needs to be added at the 12-inch PVC pipe stubout to the ditch near CB #40 at Terrace Drive Station 21+00. 8. The City gave authorization for the developer to complete the installation of street lights on Terrace Drive. 9. A concern about individual lot erosion control from house construction was discussed in great detail. We agreed on a program that will require implementation of erosion control as well as maintenance, inspection, and enforcement. a. There are three builders on this project: Primark Homes: Lots 10 through 15, 23 through 27, 39 through 53, 57 through 67, 69 through 74, 77 through 79, and 95 (47 lots) EXHIBIT "B" TO ORDINANCE NO. 5206 EXHIBIT "B" TO ORDINANCE NO. 5206 Dennis Dowdy, P.E., City Engineer City of Auburn Engineering Department -3- Februmy 9, 1999 Touchstone Homes: Lots 16 through 22, 28 through 31, 54 through 56, 68, 75, 76, and 94 (18 lots) Anderson-Tedrick Custom Homes: Lots 1 through 9, 32 through 38, and 80 through 93 (30 lots) b.. The developer will hireBarghausen Consulting Engineers, Inc., to perform weekly erosion control inspections and provide written reports to the City. This will include turbidity tests of the stormwater leaving the site. c. The three builders in the plat will sign a hold harmless agreement so that the City of L?J Auburn will be held harmless from any cross claims from drainage, erosion, or work C~3 stoppages resulting from a red tag stop work order on one particular lot. ~ d. The developer will provide the City with a letter stating that the developer has reserved Lf'3 adequate financial resources to address erosion control for the project. ~ e. Each builder will be required to provide individual lot erosion control according to City ~'3 of Auburn standards and the following special provisions: · Streets shall be swept clean once a week or as necessary. · A quarry spalls construction entrance shall be built before vehicles can drive on the lot, in order to reduce mud being tracked onto the street. · Filter fabric fence shall be built downslope of the perimeter of all disturbed areas. · All disturbed areas, including foundation excavations, shall be covered with plastic or 2 inches of straw by the end of each work day. · Draining or pumping of dirty stormwater from the lots directly into the storm drainage system will not be allowed. Any dirty stormwater discharge from the lots must pass through a filtering system of some kind (such as dirt bag filter or sediment trap/gravel cone filter system). I believe that this is a thorough and accurate summary of our site meeting and agreement of how to get this plat recorded. Enclosed are several documents, including a draft of the hold harmless agreement for you to review with the City Attorney on Wednesday, February 10, 1999. EXHIBIT "B" TO ORDINANCE NO. 5206 EXHIBIT "B" TO ORDINANCE NO. 5206 Dennis Dowdy, P.E., City Engineer City of Auburn Engineering Department -4- February 9, 1999 We hope that the steps that we are taking will allow you to make a positive recommendation for f'mal plat approval at the February 15, 1999, City Council meeting. Thank you. RJA/kn [5964C.04 1] enc: (1) draft hold harmless agreement Id'J (1) mark-up showing storm stub at Terrace Drive, Station 41+00 e'J (1) mark-up showing storm tigh~ine at Terrace Drive, Station 30+00 to Station 31+00 ~ (1) mark-up showing storm tightline at Ten'ace Drive, Station 28+40 to Station 29+00 1.~ cc: Larry Dahl, City of Auburn Public Works/Engineering Department ~'4 Kevin Mohundro, City of Auburn Public Works/Engineering Department ~I~ Milt TownIcy, City of Auburn Public Works/Building Department ~ Dan Hanson, ST Corporation ~ Johann Tan, ST Corporation Derek M. Sinclair, Barghausen Consulting Engineers, Inc. EXHIBIT "B" TO ORDINANCE NO. 5206 Return Address: City Clerk City of Aubum 25 West Main Street Auburn, WA 98001 Document Title(s): Assessor's Property Tax Pareel/Accotmt Number: 1. Hold Harmless Agreement 112104-9012-05, 112104-9013-04, and 112104-9030-03 Reference Number(s) of Documents assigned or released if applicable: Additional reference numbers are on page of document. N/A Grantor(s) (Last name fkrst, then first name and initials): 1. Primark Homes, Inc. 2. Touchstone Homes 3. Anderson-Tedfick Custom Homes, Inc. 4. ST Corporation Grantee(s) (Last name first, then first name and initials): 1. City of Auburn 2. 3. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range): Additional legal is on page 2 of document. The West half of the Southeast quarter of Section 11, Township 21 North, Range 4 East, W.M. The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. Page 1 of 7 5964.055 [RJAAcn] EXHIBIT "C" LEGAL DESCRIPTION THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 11, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M. ,; - 'EXCEPT THE PLAT OF WEST BEVERLY HILL DIVISION I, AS PER PLAT RECORDED IN VOLUME 140 OF PLATS, PAGES 97 THROUGH 100, RECORDS OF KING COUNTY; AND EXCEPT THE PLAT OF WEST BEVERLY HILL DIVISION II, AS PER PLAT .RECORDED IN VOLUME 153 OF PLATS, PAGES I THROUGH 3, RECORDS OE KING _COUN]IY; _ _ AND EXCEPT THAT PORTION OF THE WEST 172 OF THE SOUTHEAST 1/4 OF SECTION 11, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 11; THENCE NORTH 89 DEGREES 56 MINUTES 54 SECONDS WEST ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4, 167.57 FEET TO AN INTERSECTION WITH AN ARC OF A .CURVE TO THE LEFT, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 29 DEGREES 32 MINUTES 25 SECONDS EAST, 230.00 FEET; THENCE ALONG THE ARC OF SAID CURVE, A DISTANCE OF 237.92 FEET 'TO A POINT OF TANGENCY, SAID CURVE HAVING A CENTRAL ANGLE OF 59 DEGREES 16 MINUTES 07 SECONDS AND A RADIUS OF 230.00 FEET; THENCE SOUTH 01 DEGREES 11 MINUTES 28 SECONDS WEST, 625.11 FEET TO A POINT OF CURVATURE, THE RADIUS POINT OF SAID CURVE BEARS NORTH 88 DEGREES 48 MINUTES 32 SECONDS WEST, A DISTANCE OF 320.00 FEET; THENCE ALONG A CURVE TO THE RIGHT, AN ARC DISTANCE OF 30.30 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 05 DEGREES 25 MINUTES 30 SECONDS AND A RADIUS OF 320.00 FEET; THENCE SOUTH 83 DEGREES 23 MINUTES 02 SECONDS EAST ALONG A RADIAL LINE OF SAID CURVE, 60.00 FEET TO A POINT; THENCE SOUTH 88 DEGREES 48 MINUTES 32 SECONDS EAST 221.70 FEET, MORE OR LESS, TO THE EAST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 11; THENCE NORTH 01 DEGREES 11 MINUTES 28 SECONDS EAST ALONG SAID EAST LINE 862.07 FEET, MORE OR LESS TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. Page 2 of 7 5964.055 IPjA/kn] HOLD HARMLESS AGREEMENT RELATING TO DRAINAGE, EROSION CONTROL, AND STOP WORK CLAIMS BETWEEN LOT BUILDERS WEST BEVERLY HILL NO. 4 We, the undersigned, are the responsible representatives for each of the three home builders and the plat developer for the West Beverly Hill No. 4 project. We hereby indemnify and hold the City of Auburn, its officers, officials, employees, and volunteers harmless from any and all claims or cross claims, including attorney fees, between home builders on lots within the West Beverly Hill No. 4 subdivision arising from drainage, erosion control, or stop work issues. We understand that the West Beverly Hill No. 4 project drains ultimately to Mill-Creek, which is-a-salmon-bearing creek, and that house consauction during the rainy season poses a threat of sediment-laden stormwater discharge ff propererosion control is not maintained. We understand that if even one lot is out of compliance with the City of Auburn's erosion control requirements, the City of Auburn can place a "red tag" stop work order on the entire project that will remain in place until the entire project is brought back into compliance with the erosion control requirements. We understand that this statement is legally binding upon our eirs and/or assigns. X Page 3 of 7 5964.055 [RJA/kn] STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that 3'0 k o. n ~. 'T"fi r~- signed this instrument, o~ oath stated that~she) was authorized to execute the instrument and acknowledged it as the v' e S i Jo_,x}c of Primark Homes, Inc., to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. _ .-.- ....~ ',,9heree ,3"Orlei _ ,- ' Notary 'Public for the State of Washington ~n¢ ~ : Residing at: 12Co -~o. IQ2~ ~. ~ ,~. .. My commission expires: 2Xt~ ~?, Zc.~L. Page 4 of 7 5%4.055 [RJMm] STATE OF WASHINGTON ) COUNTY OF KING ) ~ ce~fy ~t, k.o~, or have satisfac,o~y e,~dence ~t L, ~ ~ L ~ ~ ~ ~ ~ ~ n n si~ed ~s ~s~em on oa~ stated ~at ~¢/sh¢) w~ au~o~zed to execute ~e ~mem ~d ac~owledged it ~e~ ,'ba~ ~;~,~ of Touchstone Homes, to be ~e f~e ~d vol~ act of such coloration for ~e uses ~d p~oscs mentioned ~ ~e ~smem. : ....... ' ~' ~ ~ ~ ~{{ ~ No~ Public for ~e State of W~gon .. , .. ;. ~ ~ ~ ~. '~ ~ ~ ~ ~ R~sid~g at: ~ 0 0 m ~ ' tel~/~..:~l~~' o~.."~ Page 5 of 7 5964.055 [RJA/knI STATE OF WASHINGTON ) COUNTY OF KING ) signed this insmament, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the X65,O r~..,k,,~ ,( of An~erson-Tedrick Custom Homes, Inc., to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. ,.. . ' ' "; " "~'~ ~ . Notary Public for the State of Washington /i- ,:, , ,, ', 'Q~.: o// Residing at: x-~ ~ d'rvt ~ t ~.: ?- ~ ~ ~' : ~ / My commission expires: ~ - 9d-/, 0 Z- ', ,o "-?'+ % .': Page 6 of 7 5964.055 [RJA/kn] STATE OF WASHINGTON ) COUNTY OF KING ) I certify that I know or have satisfactory evidence that ~Or} ~- ~. "7'~ ~ signed this instmment, on oath, stated that (he/she) was authorized to execute the instrument and acknowledged it as the ~'r~-S~ ¢~er, e of ST Corporation to be the free and voluntary act of such corporation for the uses and purposes mentioned in the inslnnnent. "' //~ ' Notary Public for the Sta~e of Washington" ' Residing at: 12s-~ ~. ~q~_~,~ ! My commission expires: ,,, Page 7 of 7 59~4.o55 [~A/kn] HOLD HARMLESS AGREEMENT WARRANTY The signatories to this statement warrant that at the time of execution of this statement and until the final plat is recorded, we are the only parties that are obligated to completing the final plat infrastructure requirements, and that we are the only parties that have an interest in ownership of West Beverly Hills No. 4. ST Corporation by Mark McKallor ,Vice P esident S~ ature (Authorized Corporate Officer) Dated this / ~ F~.br~,a, 2t , day of 1999 STATE OF WAS~GTON CO~TY OF Subsc~be~d sworn before me day ~d ye~ fist above ~en: Not~ Public in ~d for the State of Was~n~on ~IIIIEI - Exhibit "D"