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HomeMy WebLinkAbout6090? ,I-k ' Inllll!IIIINIIINIIIinlllllllllll?ll? 200803310440 10 PGS 0313112009 10:59am 51.00 PIERCE COUNTY, WASHINGTON Return 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): Final Plat (Ordinance 6090) Reference Number(s) of Documents assigned or released: ?Additional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of Grantee/Assignee/Beneficiary: (Last name first) 1. North Tapps LLC Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) The west half of the northeast quarter of the southeast quarter and the northwest quarter of the southeast quarter in Section 5, TWP 20 N, R 5 E, WM in Pierce County ® Additional legal is on page 5 of document. Assessor's Property Tax Parcel/Account Number 0520054007, 0520054006, 0520051039, 0520051041 and 0520054077 ? Assessor Tax # not yet assigned SaW meni s) Were R" om r9oprd by Pacific Norte rot ? appommodaWn only. 3xarftirod arc to prop©r exoaut 0n or as b its affect TW title. ORDINANCE NO. 6090 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF NORTH TAPPS ESTATES AND AUTHORIZING THE EXECUTION OF THE BONNEVILLE POWER ADMINSTRATION LAND USE AGREEMENT IN CONNECTION THEREWITH WHEREAS, the City of Auburn received a final plat application for the Plat of North Tapps Estates, Application No. PLT07-0001, the final approval of which is appropriate for City Council Action; WHEREAS, the City of Auburn entered into an Annexation and Utility Extension agreement with the property owners on August 16, 2001; WHEREAS, the preliminary plat was approved by the Pierce County Hearing Examiner on November 14, 2003; WHEREAS, the annexation into the City of Auburn became effective August 15, 2005; WHEREAS, based on the review given this Plat by the City, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. North Tapps, LLC, represented by Matt Sweeney, Prium Development, has requested final plat approval of North Tapps Estates and all applicable conditions have been met. 2. The preliminary plat was approved by the Pierce County Hearing Examiner on November 14, 2003. The plat has been developed in accordance with the Pierce County Zoning Regulations and the City of Auburn design standards for roads, utilities, and parks. 3. A Certificate of Improvements has been issued by the City Engineer, accepting all required plat improvements. ---------------- Ordinance No. 6090 April 10, 2007 Page 1 of 3 4. The applicant is dedicating a 5 acre parcel of land to the City of Auburn for future park development. 5. The City of Auburn will be entering into a Land Use Agreement to address the necessary property rights to be conveyed to the City of Auburn for the location of a portion of the proposed storm pond within the existing Bonneville Power Administration's (BPA) easement. This Land Use Agreement identifies the conditions that the City of Auburn agrees to in order to maintain the pond being dedicated by the applicant. CONCLUSIONS OF LAW 1. The Final Plat is in compliance and in conformity with the requirements outlined in the Annexation and Utility Extension Agreement as adopted by Ordinance No. 5578. 2. The Plat is consistent with the Comprehensive Plan. 3. The Plat meets the requirements of Chapter 58.17 RCW. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Approval. North Tapps Estates, a subdivision involving property located within the City of Auburn, Washington, which plat is legally described on the face of the Final Plat and set forth in Exhibit "A," attached hereto and incorporated herein by reference, is hereby approved, and deemed to conform to the requirements for Plat approval pursuant to State and local law and Chapter 58.17 of the Revised Code of Washington and Section 58.17.140 thereof. The City of Auburn will enter into a land use agreement with the Bonneville Power Administration as stated in Exhibit "B." Section 2. Constitutionality or Invalidity. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and Ordinance No. 6090 April 10, 2007 Page 2 of 3 approved and ratified irrespective of the fact that nay one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Section 3. Recordation. 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 Pierce County Auditor's Office, Records and Licensing Division. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: APR 1 6 2007 PASSED: APR 1 6 2007 APPROVED: APR 1 6 2007 CI Y OF N __J PETER B. LEWIS MAYOR ATTEST: Da 'Ile E. Daskam, City Clerk APP,6t~CwIE[Y9~-~O FORM: CT~niel B. He'td; City Attorney Published: U ~" ~~~ L'OU7 ---------------- Ordinance No. 6090 April 10, 2007 Page 3 of 3 Ezhibit A North Tapes Estates Parcel "A" The West half of the Northeast quarter of the Southeast Quarter and the Northwest quarter of the Southeast Quarter of Section 5, Township 20 North, Range 5 East of the W.M., in Pierce County, Washington; Except the North 30 feet thereof for County Road as set forth in Treasurer's Deed recorded under recording number 1327271. Except that portion conveyed to Pierce County for Lake Tapes Parkway East and Storm Drainage Pond No. 1 by deeds recorded under recording numbers 200501181156 and 200501181157. Except that portion conveyed to the EI Paso Natural Gas Company (now known as the Northwest Pipeline Corporation of Salt Lake City, Utah) under Auditor's No. 2410280. Together with those portions of said natural gas pipeline as excepted above as conveyed to North Tapes Estates, LLC. (whose true name is North Tapes LLC, a Washington Limited Liability Company) by Warranty Deed recorded under Auditor's No. 200509190920. Parcel "B" The Southwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5, Township 20 North, Range 5 East of the W.M., in Pierce County, Washington. Except the South 30 feet thereof for County Road as set forth in Treasurer's Deed recorded under recording number 1327271. Except that portion conveyed to Pierce County.for Lake Tapes Parkway East, by deeds recorded under recording numbers 200501181157, 200501181158 and 200501181160. Parcel "C" The Southwest Quarter of the Southwest Quarter of the Southeast Quarter of the Northeast Quarter and; . The Southeast Quarter of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter, all in Section 5, Township 20 North, Range 5 East of the W.M., in Pierce County, Washington. Except the South 30 feet for County Road as set forth in Treasurer's Deed recorded under recording number 1290561. Except that portion conveyed to Pierce County for Lake Tapes Parkway East, Sumner-Tapes L'xtension to 182"d Avenue East under Auditor's file number 200501181159. Exhibit B Department of Energy Bonneville Power Administration 28401 Covington Way SE Kent, WA 98042 January 11, 2007 In reply refer to: TRFN/Covington TRACT No. C-RE-62-A-507 & 508 CASE No. 20060316 LINE: Chehalis-Covington Line Mile 62 and Covington-White River No 1 & 2 City of Auburn Peter B. Lewis, Mayor Ingrid Gaub, Assistant City Engineer 25 W. Main Street Auburn, WA 98001 NON-TRANSFERABLE LAND USE AGREEMENT ADDENDEM NO. 1 (this document will be recorded) Bonneville Power Administration (BPA) hereby agrees to your use of BPA's easement area for construction/installation, use, and maintenance of a detention pond. The location of your use is partially within the NW 1/4 OF THE SE 1/4 AND SW 1/4 OF THE SE 1/4 of Section 5 ,Township 20 North, Range 5 East, W.M. Meridian, Pierce County, State of WA, as shown on the attached segment of BPA Drawing No. 147699, marked as Exhibit A. You shall not make any changes or additions to your use of the right-of--way without BPA's review and written approval. Any other uses and utilities on the right-of--way must be applied for separately. Please note that BPA is not the owner of this property. If you are not the owner, you must obtain the owner(s) permission to use this property. There may also be other uses of the property that might be located within the same area as your project. This agreement is subject to those other rights. This agreement is entered into with the express understanding that it is not assignable or transferable to other parties without the prior written consent of BPA. This agreement is a permit, revocable at will by BPA and does not modify, change, or otherwise alter the rights BPA acquired by Deed. The following items are advisory in nature, but should be given due consideration. Nuisance shocks may occur within the right-of--way. Grounding metal objects helps to reduce the level of shock. It is suggested that road building/construction equipment be grounded with a drag chain. Construction installation, use, and maintenance of the detention-pond shall. be at no cost to BPA. BPA seeks your help maintaining the integrity of the electrical transmission system. Please report any Vandalism or Theft to the BPA Crime Witness program at 1-800-437- 2744. Cash rewards of up to $1,000 will be paid should information lead to the arrest and conviction of persons committing a crime. BPA shall not be liable for damage to your property, facilities, or injury to persons that might occur during maintenance, reconstruction, or future construction of BPA facilities as a result of your facilities being within the right-of--way. Construction of additional transmission lines within the currently unoccupied portion of this right-of-way may occur. Should your use interfere with the construction, use or maintenance of said line, you will be required to remove or relocate your facility to remove the interference at no expense to BPA. Relocation of your facility within the BPA right of way will be subject to review by BPA and the issuance of a new land use agreement with BPA. You agree to be responsible for and comply with all procedural and substantive environmental requirements imposed by local, state or federal laws or regulations applicable to the facility. You agree to timely notify BPA of any reportable release of hazardous substances or breaches of environmental requirements, and shall mitigate and abate adverse environmental impacts of your actions. You agree to hold BPA harmless for any and all liability arising from the violation of such environmental requirements by you. Violations of such requirements by you shall make this agreement voidable at the election of BPA. BY ACCEPTING THIS LAND USE AGREEMENT YOU ARE AGREEING TO THE FOLLOWING CONDITIONS. 1. Permittee to install suitable signage indicating emergency phone numbers for the reporting of observable damage or problems and placed on the .surrounding fence in conspicuous areas: 2. Maintain a minimum distance of at least 15 feet between your facilities and the transmission line. 3. No storage of flammable materials or refueling of vehicles or equipment within the easement area. 2 Case No. 20060316 Tract No. C-RE-62-A-507 & 508 4. Maintain a minimum distance of at least 50 feet between your facilities and the point where the transmission line steel lattice structure enters the earth. If this clearance cannot be met, install guard devices such as barriers, guardrails, or posts, for the protection of BPA's structures. Specifications and installation plans for these protective structures must be submitted to and approved by BPA prior to construction. NOTE: Outside of the 50 foot buffer zone, excavation should be no steeper than 2:1 (horizontal:vertical). 5. Design and build the access roads to withstand HS-201oading from BPA's heavy vehicles. 6. No interference or obstruction of access to transmission line structures by BPA's maintenance crews will be allowed.. Maintain a minimum distance of at least 50 feet from steel lattice structure with concrete footings/and any associated guy and anchors. 7. Bury and maintain the pipeline to a depth of 36 inches feet to comply with applicable NESC, national, state, and/or local standards. 8. Grade changes to existing ground elevations are not permitted. If grade changes are required, you must submit grading plans to this office for further approval by BPA. These plans should clearly indicate proposed finished elevations as well as existing ground elevations. 9. Install adequate gates in your fence of not less than 16 feet in width for the passage of BPA's maintenance vehicles. The location of the gates are as shown on Exhibit "A" attached. Gate maybe locked provided BPA's lock is also included in the locking mechanism. 10. You agree to assume risk of loss, damage, or injury which may result from your use of the easement area, except for such loss, damage, or injury for which BPA maybe responsible under the provisions of the Federal Tort Claims Act, 62 Stat. 982, as amended. It is understood that any damage to BPA's property caused by or resulting from your use of the easement area maybe repaired by BPA, and the actual cost of such repair shall be charged against and be paid by you. 11. Damage to BPA property, resulting from your use, shall be repaired or replaced by BPA at its option. The actual costs of such repair or replacement shall be charged to and paid by you. 12. Modification of your present use requires BPA's written approval prior to implementation. If you have any questions or concerns, please notify us. You may direct any communication to this office, Bonneville Power Administration, Real Estate Field Services (TRFN/Covington) 28401 Covington Way SE, Kent, WA 98042, or by telephoning Peter Dietrichson, at 253-631-9154 or 1-800-282-3713. This Agreement is a permit, revocable at will by the U.S., and does not convey any easement, estate, or interest in the land. A copy of this permit shall be physically located at the project during construction activities. 3 Case No. 20060316 Tract No, C-RE-62-A-507 & 508 Reference to this permit to be included in the final plat notes and homeowner association documentation. I ado the terms of thi ~~ Peter B. Lewis, Mayor City of Auburn THIS AGREEMENT IS HEREBY AUTHORIZED Peter Dietrichson Realty Specialist Official File - TR/3 (Case No. 20060316ADD1) 4 Case No. 20060316 Tract No. C-RE-62-A-507 & 508 Attested to by City Clerk Reterence to this permit to be included in the final plat notes and homeowner associaHon documentation. I agee to the terms of this permit. l ��• 1 � v Peter B. Lewis, Mayor City of Aubum � �, � Atte ted to by City Clerk A oved as to nten y � Attorne THIS AGREEMENT IS HEREBY AUTHORIZED Peter Dietrichson Realty Specialist Official File—TR/3 (Case No. 20060316ADDl) 4 Case No. 20060316 Tract No. C-RE-62-A-507 & 508 W D v o ;, r~o~yZ ~~ Z~. 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