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HomeMy WebLinkAbout20050715002748 CONSERVATION EASEMENT 071505Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 etc. 2I (3 .'Z III 111111111111111 till 11111111 ~11 050715 02748 PACIFIC NU TIT EAS 49.00 PAGE001 OF 031 07/15/2005 15:52 KING COUNTY, WA Above this line reserved for recording information. RECIPROCATING CONSERVATION EASEMENT AGREEMENT/ 9W W 1t<,R ~-1'~--, (for wetland buffer areas) Reference # (if applicable): N/A (unless previous recording Additional on page: Grantor/Borrower: 1) RREEF America REIT II, Corp. 2) 11 Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: 12-21-04e ,wddoery3l qr} page: -7 000080-0012-0990t~r Assessor's "I'ax Parcel 1U#: 004080_0009-04 by Patio NortftrwTitIHas mumwnmtoaauon only. It has rota e" eot=ined es to proper executionmr THIS RECIPROCATINGj~ONSERVATION EASEIbMiIft-NT (the "Agreement") is made and entered into this "aay of q , 20~gS by and between RREEF AMERICA REIT II, CORP. II, a Maryland corporation , h einafter referred to as "GRANTOR" and/or "RREEF", and the CITY OF AUBURN, a municipal corporation organized under Title 35A RCW, hereinafter referred to as the "CITY" and/or "GRANTEE". WHEREAS, RREEF is the owner in fee simple of certain real property located in the City of Auburn, King County, Washington, legally described on Exhibit `A' attached hereto and incorporated herein by reference, which property is intended to be subject to this Agreement and burdened in perpetuity by this Agreement (the ".RREEF Property"); and WHEREAS, the CITY is owner in fee simple of certain real property located in the City of Auburn, King County, Washington, legally described on Exhibit `B' attached hereto and incorporated herein by reference, which property is intended to be subject to this Agreement and burdened in perpetuity by this Agreement (the "Airport Property"); and WHEREAS, RREEF or the representative of RREEF executing this Agreement has the authority to burden the RREEF Property for the purpose of granting the CITY a perpetual non-exclusive wetland buffer conservation easement (the "Conservation Easement") with respect to certain wetland buffer areas legally described on Exhibit `C' attached hereto and incorporated herein by reference (the "Wetland Buffer Tract `A' Property") located on the eastern 5 feet of the RREEF Property; and WHEREAS, the CITY or the representative of the CITY executing this Agreement has the authority to burden the Airport Property for the purpose of granting RREEF a perpetual non-exclusive easement (the Conservation Easement. Agreement Page I of 6 EXCISE TAX NOT REQUIRED 4=zttv__~~~ r "Wetland Buffer Use Easement") with respect to certain wetland buffer areas legally described on Exhibit `D' attached hereto and incorporated herein by reference (the "Wetland Buffer Tract `B' Property") located on the western 20 feet of the Airport Property adjacent to the eastern boundary of the RREEF Property (the Wetland Buffer Tract `A' Property and the Wetland Buffer Tract `B' Property, collectively referred to as the "Wetland Buffer Tract `A' and `B' Properties"); and WHEREAS, it is mutually agreed that this Agreement be entered into to ensure wetland buffers necessary to preserve the quality of wetlands for the benefit of public health, safety, and welfare; WHEREAS, it is mutually agreed that wetland buffers are necessary for preservation of the quality of wetlands and area essential to maintaining a quality environment, maintaining quality water resources, and the preservation of wildlife, and that preservation of the quality of wetlands is in conformity with the CITY'S Comprehensive Plan; WHEREAS, RREEF has received consideration for granting this Conservation Easement, which consideration has a long-term benefit to RREEF and RREEF'S Property; and WHEREAS, RREEF acknowledges the important environmental value of' the Conservation Easement and agrees not to undertake any activity which will in any way be inconsistent with the preservation of the wetland or wetland buffer areas or the quality of the wetlands on the RREEF and Airport Property; NOW, THEREFORE, in consideration of the mutual benefits to be derived, the parties hereby agree as follows: I . AUTHORITY TO BURDEN RREEF PROPERTY. RREEF is the owner in fee simple of the RREEF Property referred to above and has full power and authority to burden the RREEF Property in perpetuity with the Conservation Easement as provided in this Agreement. 2. AUTHORITY TO BURDEN AIRPORT PROPERTY. The CITY is the owner in fee simple of the Airport Property referred to above and has frill power and authority to burden the Airport Property in perpetuity with the Wetland Buffer Use Easement as provided in this Agreement. 3. CONSTRUCTION OF WETLAND BUFFER BY RREEF. RREEF has recently satisfactorily completed the construction of the Wetland Buffer Tract B. Wetland Buffer Tract A was previously completed. RREEF hereby agrees to maintain wetland buffer vegetation on the Wetland Buffer Tract `A' and `B' Properties. RREEF hereby agrees to maintain the wetland buffer vegetation in compliance with the May 1, 2000 "Wetland Buffer Agreement" attached hereto as Exhibit `E' and the February 29, 2000 Final Mitigated. Determination of Non-Significance attached hereto as Exhibit `F'. 4. GRANT OF EASEMENT BY CITY IN PERPETUITY. The CITY hereby grants a non- exclusive Wetland Buffer Use Easement to RREEF in perpetuity over the Airport Property legally described in Exhibit `B' attached hereto for the purpose of planting and maintaining wetland buffer vegetation except that the Wetland Buffer Use Easement shall cease to exist in the event that the entire wetland buffer is moved to another parcel due to the fact that the Conservation Easement. Agreement Page 2 of 6 T . , , wetland occurring on the Airport Property has been or will be filled and eliminated and the wetland and wetland buffer is mitigated by replacement at another site. This Wetland Buffer Use Easement shall only be effective if the wetland buffer contemplated by this Agreement is constructed and/or maintained by RREEF on the Wetland Buffer Tract `A' Property, described in Exhibit `C' attached hereto and on the Wetland Buffer Tract `B' Property, described in Exhibit `D' attached hereto, and RREEF pays $25,424.00 to the CITY for the Wetland Buffer Use Easement. 5. GRANT OF EASEMENT BY RREEF IN PERPETUITY. RREEF hereby grants the non-exclusive Conservation Easement set forth herein to the CITY in perpetuity and covenants that the Conservation Easement shall run with the land included in the RREEF Property legally described in Exhibit `A' attached hereto. The Conservation Easement shall burden the RREEF Property and benefit the CITY and public in perpetuity except that the Conservation Easement shall cease to exist in the event that the entire wetland buffer is moved to another parcel due to the fact that the wetland occurring on the Airport Property has been or will be filled and eliminated and the wetland and wetland buffer is mitigated by replacement at another site. 6. HEIRS, SUCCESSORS, AND ASSIGNS. This Agreement shall be binding on the officers, directors, shareholders, members, partners, employees, agents, personal representatives, heirs, successors, and assigns of the parties. 7. SCOPE OF EASEMENT. The Conservation Easement granted hereunder shall allow CITY to enter upon the Wetland Buffer Tract `A' Property for the purposes of monitoring, maintaining, preserving, and enhancing the Wetland Buffer Tract `A' Property legally described on Exhibit `C' attached hereto. RREEF covenants not to in any way impair or interfere with the function and use of the Wetland Buffer Tract `A' and Tract `B' Properties, and RREEF further covenants to take reasonable and necessary steps to restrict access to the Wetland Buffer Tract `A' and Tract `B' Properties and prohibit construction of any structures or artificial surfaces or alteration of any vegetation within the Wetland Buffer Tract `A' and Tract `B' Properties. No activity of any kind may take place within the Wetland Buffer Tract `A' and Tract `B' Properties except as contemplated by this Agreement without the prior approval by the City of Auburn Director of Planning and Community Development. The CITY shall be permitted to enter onto the Wetland Buffer Tract `A' Property with reasonable prior notice and at all reasonable times to monitor and maintain the Wetland Buffer Tract `A' Property or wetland functions such as recharge, conveyance or storage of stormwater. The CITY shall not unreasonably interfere with the ownership, possession, use, or enjoyment by RREEF or RREEF'S tenants of the RREEF Property when entering the Wetland Buffer Tract `A' Property to perform the permitted functions described herein. 8. PROHIBITED USES OF WETLAND BUFFER PROPERTY. RREEF shall not undertake, nor cause to be undertaken any activity or use of the Wetland Buffer Tract `A' and Tract `B' Properties which is inconsistent with the purpose, scope, or intent of this Agreement, nor inconsistent with wetland buffer functions such as: recharge, conveyance Conservation Easement Agreement Page 3 of 6 I . r , filtering, or storage of stormwater; minimizing human intrusion and providing a diverse native vegetative screen. 9. RESERVED RIGHTS. RREEF reserves to itself all rights, title, interest, and obligations incident to ownership of the RREEF Property and Wetland Buffer Tract 'A' Property except those rights and interests expressly conveyed to the CITY hereunder and those obligations expressly undertaken by the CITY hereunder. No right of access by the general public to any portion of the RREEF Property and the Airport Property is conveyed by this Agreement. 10. ENFORCEMENT. In the event the CITY determines that RREEF is in violation of the terms of this Agreement, and an enforcement action is initiated, the prevailing party in such action shall be entitled to recover reasonable attorney's fees and costs incurred in prosecuting or defending against such enforcement action, in addition to any other remedy or relief obtained. The CITY, at its option, may take action to preserve and protect the Wetland Buffer Tract `A' and Tract `B' Properties or its wetland function, after first giving RREEF written notice and after RREEF'S failure to cure within a reasonable time which reasonable time shall not exceed 30 days after notice unless the parties agree otherwise, to protect the wetland, and, in such case, the reasonable expenses incurred by the CITY shall be recoverable from RREEF if RREEF is found to be in violation of this Agreement. 11. NON-WAIVER OF BREACH. No omission or failure by the CITY to exercise or enforce any of its rights under this Agreement or to enforce any breach hereof, nor any forbearance: granted by the CITY, shall be deemed or construed as a waiver by the CITY of such rights or a discharge of liability for any breach by RREEF of the terms hereof. Nor shall any delay by the CITY in the exercise or enforcement of its rights and remedies limit or impair such right or remedy, or be construed as a waiver of the CITY'S right to pursue its remedies. 12. COSTS AND LIABILITIES. Except as provided in Paragraphs 3 and 10 of this Agreement above, RREEF retains all responsibilities and will bear all costs and liabilities of any kind related to or incidental to the ownership or control and maintenance of the Wetland Buffer Tract `A' Property and the maintenance of the wetland buffer vegetation situated on the Wetland Buffer Tract `B' Property and agrees to pay all assessments and taxation (if any) against said. Wetland Buffer Tract 'A' Property assessed by any governmental authority as they become due. 13. HOLD HARMLESS AND INDEMNIFICATION. RREEF agrees to hold harmless, indemnify and defend the CITY, its officials, members, employees, and agents from all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, reasonable attorney's fees, arising from or in any way connected with any claim or cause of action arising from a breach of RREEF's obligations under this Agreement to the fullest extent permitted by law. Furthermore, RREEF agrees to indemnify, hold harmless and defend the CITY from and against any liabilities, penalties, costs, losses, damages, expenses, causes of action, claims demands or judgments, including, reasonable Conservation Easement Agreement Page 4 of 6 attorney's fees, arising from or relating to any third party claim which challenges RREEF'S right to execute and deliver this Agreement. 14. RECORDATION. Upon the mutual execution of this Agreement, the parties agree to record this Agreement immediately in the Office of the King County Department of Records and Elections. 15. CONSTRUCTION. This Agreement shall be liberally construed to effect the purpose and intent hereof. 16. SEVERABILITY. If any provision of this Agreement is ruled invalid or unenforceable for any reason by a court of competent jurisdiction, the remaining provisions hereof shall remain in force and effect except that invalidation of the Conservation Easement granted in paragraph 5, above, for any reason shall also result in the invalidation of the easement granted in paragraph 4, above. Exhibit A - The RREEF Property Exhibit B - The Airport Property Exhibit C - Wetland Buffer Tract `A' Property (RREEF Property) Exhibit I) - Wetland Buffer Tract `B' Property (Airport Property) Exhibit E - Wetland Buffer Agreement Exhibit F- Final Mitigated Determination of Non-Significance Conservation Easement Agreement Page 5 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date first written above. GRANTOR: RREEF AMERICA REIT II, CORP. II a Maryland corporation By: . Z - Name: /---Opt n GRANTEE: CITY OF 3URN, at corporation By: V Name: Peter B. Lewis Title: ✓ P tzt j' ,-f" A41'. STATE OF WASHINGTON ) } ss. COUNTY OF KING ) Title: THIS IS TO CERTIFY that on this Z~t day of , 2Q-5;'bef6re me, the undersigned, a notary public in and for the State of Washington, duly comYnissioned and sworn, personally appeared to me known to be the manager member that executed the foregoing instrument and acknowledged ffie said instrument to be their free and voluntary act and deed for the uses and purposes therein mentioned. WhX;-ISoy*h bgrd official seal the day and year of the certificate first above written. Cep Nc.S10/~%~a' 4 cpNOTqRy (Print Name) rn. co: P(18L1G Notary Publ' 'n and fort State of Washing 0`' ' residing at My appointment ex ' es: - e STATE OF llh YCS )ss. County of King ) I certify that I know or have satisfactory evidence that &h4 -119 xo"e~ is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of THE CITY OF AUBURN to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated .5-Ll •-05 ~h BUTh~F''~, ~~Qi►'lt.Q.u~. S~ • `7~+-f:I~..2,-Q.~ \ON ~Q o ~o'VAR V mu, ~n ra f3. ~3a~h ell U ,E,• Z Notary Public i and for the State of Washington i pUT ~C) S residing at CO s 'I 0 My appointment exp es Q 7 Conservation Easement Agreement Page 6 of 6 EXHIBIT A - THE RREEF PROPERTY (A.K.A. AUBURN ITC) LEGAL PROPERTY DESCRIPTION THAT PORTION OF JOSEPH BRANNON DONATION LAND CLAIM NO. 38 AND J. A. LAKE DONATION LAND CLAIM NO.'S 38 AND 41, IN SECTION 12, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID JOSEPH BRANNON DONATION LAND CLAIM NO. 38; THENCE EAST ALONG THE SOUTH LINE THEREOF 500 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID DONATION LAND CLAIM AND SAID WEST LINE EXTENDED NORTH 1,400 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID JOSEPH BRANNON DONATION LAND CLAIM NO. 38 TO THE EAST LINE OF RAILROAD RIGHT OF WAY; THENCE SOUTH ALONG SAID RIGHT OF WAY TO THE SOUTH LINE OF J. A. LAKE DONATION LAND CLAIM NO.'S 38 AND 41; THENCE EAST ALONG SAID SOUTH LINE TO THE NORTHWEST CORNER OF JOSEPH BRANNON DONATION LAND CLAIM NO. 38; THENCE SOUTH ALONG THE WEST LINE THEREOF TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO THE BURLINGTON NORTHERN RAILROAD COMPANY BY DEED RECORDED UNDER RECORDING NO. 8707131094. PARCEL #000080-0012-09 EXHIBIT B - THE AIRPORT PROPERTY LEGAL PROPERTY DESCRIPTION LOT A OF CITY OF AUBURN LOT LINE ADJUSTMENT, LLA97-0005, UNDER RECORDING NUMBER 9703181099. EX141BIT C - WETLAND BUFFER TRACT `A' PROPERTY (RREEF PROPERTY) THE EAST FIVE FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF JOSEPH BRANNON DONATION LAND CLAIM NO. 38 AND J. A. LAKE DONATION LAND CLAIM NO.'S 38 AND 41, IN SECTION 12, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID JOSEPH BRANNON DONATION LAND CLAIM NO. 38; THENCE EAST ALONG THE SOUTH LINE THEREOF 500 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID DONATION LAND CLAIM AND SAID WEST LINE EXTENDED NORTH 1,400 FEET; THENCE WEST PARALLEL. WITH THE NORTH LINE OF SAID JOSEPH BRANNON DONATION LAND CLAIM NO. 38 TO THE EAST LINE OF RAILROAD RIGHT OF WAY; THENCE SOUTH ALONG SAID RIGHT OF WAY TO THE SOUTH LINE OF J. A. LAKE DONATION LAND CLAIM NO.'S 38 AND 41; THENCE EAST ALONG SAID SOUTH LINE TO THE NORTHWEST CORNER OF JOSEPH BRANNON DONATION LAND CLAIM NO. 38; THENCE SOUTH ALONG THE WEST LINE THEREOF TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO THE BURLINGTON NORTHERN RAILROAD COMPANY BY DEED RECORDED UNDER RECORDING NO. 8707131094. EXHIBIT D - WETLAND BUFFER TRACT `13' PROPERTY (AIRPORT PROPERTY) A PORTION OF LOT A OF CITY OF AUBURN LOT LINE ADJUSTMENT LLA-0005-97, RECORDED UNDER RECORDING NUMBER 9703181099, RECORDS OF KING COUNTY, WASHINGTON, SAID PORTION BEING A STRIP OF PROPERTY TWENTY (20) FEET IN WIDTH, THE WESTERN BOUNDARY OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT A; THENCE NORTH 00°41' 16" EAST ALONG THE WEST LINE OF SAID LOT "A" A DISTANCE OF 1400.00 FEET TO "THE SOUTH BOUNDARY OF LOT B OF SAID LOT LINE ADJUSTMENT LLA- 0005-97 AND THE TERMINUS OF THE. WESTERN BOUNDARY OF THIS "TWENTY-FOOT STRIP OF PROPERTY. THE EAST LINE OF THIS STRIP OF PROPERTY SHALL BE SO SHORTENED OR LENGTHENED SO AS TO TERMINATE AT THE SOUTH LINE OF SAID LOT A AND THE SOUTH LINE OF SAID LOT B. EXHIBIT E - WETLAND BUFFER AGREEMENT RESOLUTION No. 3 2 1 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF AUBURN AND FISHER PROPERTIES INC. WHEREAS, Fisher Properties, Inc. has proposed development of a light industrial park consisting of 285,000 square feet on a 14.68 acre site located east of' "B" Street NW, approximately 250 feet north of 16th Street NW (the "Project"), Exhibit 1, attached and incorporated by reference; and WHEREAS, the City has issued a Proposed Mitigated Determination of Non-Significance (the "MDNS") for the Project pursuant to the State Environmental Policy Act; and WHEREAS, the MDNS provides two alternatives for buffering a wetland located on an adjacent parcel of real property (the "Airport Property"), Exhibit 2, attached and incorporated by reference, owned by the Auburn Municipal Airport; and WHEREAS, Fisher desires to pursue the buffering alternative that would involve placing 20 feet of the buffer on the Auburn Municipal airport Property all on the terms and conditions set forth herein. The other alternative involves relocating the entire buffer to another parcel should the Airport Property be filled and developed and the wetland mitigated off-site, all on the terms and Resolution 3218 April 27, 2000 Page 1 conditions set forth below. The alternative for buffering off-site may not prove possible. In that event, the required wetland buffer must be provided by Fisher within the eastern 5 feet under their ownership and on the adjacent 20 feet of land owned by the City through the acquisition an easement. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to enter into an Agreement between the City of Auburn and Fisher Properties, Inc., to provide a proposed development of a light industrial park. A copy of said Agreement is attached hereto and denominated Exhibit "1 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this day of May, 2000. CITY OF AUBURN eu&A- Qoc'-'f~ CHARLES A. BOOTH MAYOR Resolution 3218 April 27, 2000 Page 2 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution 3218 April 27, 2000 Page 3 WETLAND BUFFER AGREEMENT r THIS AGREEMENT is entered into this day of 2000 Yl/] Ct.,.c.~ , by and between FISHER PROPERTIES INC., a Washington corpo ation ("F~ isher"), and THE CITY OF AUBURN, a Washington municipal corporation (the "City"), RECITAL A. Fisher has proposed development of a light industrial park consisting of 285,000 square feet on a 14.68 acre site located east of "B" Street NW, approximately 250 feet north of 16`h Street NW (the "Project"), Exhibit 1, attached and incorporated by reference. B. The City has issued a Proposed Mitigated Determination of Non- Significance (the "MDNS") for the Project pursuant to the State Environmental Policy Act. C. The MDNS provides two alternatives for buffering a wetland located on an adjacent parcel of real property (the "Airport Property"), Exhibit 2, attached and incorporated by reference, owned by the Auburn Municipal Airport. D. Fisher desires to pursue the buffering alternative that would involve placing 20 feet of the buffer on the Auburn Municipal Airport Property all on the terms and conditions set forth below. The other alternative involves relocating the entire buffer to another parcel should the Airport Property be filled and developed and the wetland mitigated off-site, all on the terms and conditions set forth below. The alternative for buffering off-site may not prove possible. In that event, the required wetland buffer must be provided by Fisher within the eastern 5 feet under their ownership and on the adjacent 20 feet of land owned by the City through the acquisition of an easement. AGREEMENT In consideration of the mutual promises and covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are- acknowledged, the parties agree: I . The City and Fisher shall execute an easement agreement that will be effective only if the wetland buffer contemplated by this Agreement is constructed on the Airport Property. The easement shall cover the 20 feet of the Airport Property that is immediately adjacent to the eastern border of the Project, shall be for the purpose of planting and maintaining wetland buffer vegetation, and shall be perpetual in duration. If the easement agreement becomes effective, Fisher shall pay $25,424.00 ($0.908 per square foot) to the City for the easement. Resolution 3218 Exhibit n l is Page 1 . . ' I , 2. Prior to issuance of construction permits for the Project, Fisher shall post a bond or other appropriate security in the amount of $34,686.25 which is 125% of the cost of installing ($17,249), maintaining ($2,000 per year x 3 years) and monitoring ($4,500 for three occurrences) the wetland buffer landscaping on a 20-foot strip of the Airport Property located immediately adjacent to the eastern border of the Project. 3. Prior to issuance of construction permits for the Project, Fisher shall post a bond or other appropriate security in the amount of $25,424.00 plus an adjustment based upon the Consumer Price Index (CPI), for the cost of an easement over a 20-foot strip of the Airport Property located immediately adjacent to the eastern border of the Project. 4. The bonds or other appropriate security that are posted pursuant to Sections 2 and 3 of this Agreement shall be maintained for a period of three years following completion of the Project. If, at the end of the three-year period, the Airport Property has not been developed by the City or sold to a third party, Fisher shall install the wetland buffer plantings on the Airport Property in accordance with the wetland buffer planting plan approved by the City and in accordance with the terms of the easement agreement granted to Fisher for use of the Airport Property for wetland buffer plantings. Fisher shall also pay to the City $25,424.00 for the easement described in Section 1 of this Agreement, and the bonds or other security provided pursuant to Sections 2 and 3 of this Agreement shall then be released to Fisher. If, at the end of the three-year period, the City has sold the Airport Property to a third party or the City has begun the process of obtaining approvals for the development of the Airport Property, and the City has not required Fisher to install the 20-foot wetland buffer on the Airport Property, Fisher shall pay the City $17,249.00 plus an adjustment based on the CPI toward the cost of the wetland buffer plantings required of the City in conjunction with its mitigation obligations, and the City shall release to Fisher the bonds or other security provided pursuant to Sections 2 and 3 of this Agreement. The City shall use these funds to assist in developing off-site wetland mitigation for the wetland located on the Airport Property. 5. All notices required or permitted hereunder shall be in writing and shall either be delivered in person or sent by certified or registered mail, return receipt requested, and shall be deemed received on the sooner of actual receipt or five days after being deposited in the mail, postage prepaid, addressed to Fisher or the City at their last known address. 6. Fisher shall have the right to convey, transfer, or assign any or all of Fisher's rights and privileges under the terms of this Agreement with the prior written consent of the City, which consent shall not be unreasonably withheld. 7. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 8. This Agreement may be amended only by written instrument executed by Fisher and the City. Resolution 3218 EWt "I Page 2 9. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 10. In any proceeding brought, to enforce this Agreement or determine the rights of the parties under this Agreement, the prevailing party shall be entitled to collect, in addition to any judgment awarded by a court, a reasonable sum of attorney's fees, and all costs and expenses incurred in connection with such a lawsuit, including attorneys' fees, expense of litigation, and cost of appeal. For purposes of this Agreement, the prevailing party shall be that party in whose favor final judgment is rendered or who substantially prevails, if both parties are awarded judgment. The term "proceeding" shall mean and include arbitration, administrative, bankruptcy, and judicial proceedings including appeals. IN WITNESS WHEREOF the parties have entered into this Agreement on the date first set forth above. CITY OF AUBURN By: N4~& r~ .ao its mayor FISHER PROPERTIES INC. By--'ps :,,c.....4nc, 6-- Its st -1/ EZ0 Acknowledgements attached PRproved as to form: 4chRaelAJ~. eynol , Auburn City Attorney Resolution 3218 Ea i:bit "1" Page 3 • . ; • • STATE OF WASHINGTON ) ) . ss. COUNTY OF On this day personally appeared before me C :121. l~ r le s to me known to be the Hl1 r of the CITY OF AUBURN, the Washington municipal corporation hat executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that `t, is authorized to execute said instrument. 2000. day ofd` , GIVEN under my hand and official seal thi62r-- - E ~ ~~lr .•SS~ON F,{.A.,'~.y~ V' a p'TARY 0:0 9ca;'~ ,Tint name of notary) i PUBS-~G . TARY PUBLIC in and for the State of 10~1 o , 2 5 • ' ?GVashington, residing at E--yi u yam, &a j My commission expires j X12 s t1 OF \N Resolution 3218 l?xhibit "1" Page 4 STATE OF WASHINGTON ) ss. COUNTY OF On this day personally appeared before me Maw . t %)y ? to me known to be-T;:g,-;~,b~ -1- < ~U of FISHER PROPERTIES, INC., the corporation that executed the within and foregoing instrument, and acknowledged the 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 is authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN under my hand and official seal this 1,~ day of 2000. T. 4d Ito r, Ste;: *&a ,"lot a (Print name of notary) NOTARY PUBLIC in and for the State of W hington, residing at My commission expires Resolution 3218 ~hi:bit 1 Page 5 t WETLAND BUFFER EXHIBIT T- W 5' WEnANO BUFFER (ON-SiiE) 20' WEIlM0 BUFFER OFF-SITE REFERENCE RAEDEKE ASSOCIATES REFERENCE RAEOEKE ASSOCIATES DRAWING NUMBER 99016-003 DRAINING NUMBER 99016-003 BUILDING C BUILDING 0 F20-ER NDtISTR AL CENER 0©f-!n BUILDING 8 EXHIBIT F- FINAL MITIGATED DETERMINATION OF NON-SIGNIFICANCE CHARLES A. BOOTH, MAYOR Paul Krauss, A.I.C.P., Planning Director PLANNING do COMMUNITY DEVELOPMENT DEPT. 25 West Main, Auburn, WA 98001 (253)931-3090 Fax:(253)931.3053 FINAL MITIGATED DETERMINATION OF NON-SIGNIFICANCE SEP-0019-99 DESCRIPTION OF PROPOSAL: Site preparation and construction of a light industrial park consisting of four buildings totaling 285.000, square feet on a 14.68-acre site. The proposal also includes the associated development of landscaping, utilities, parking spaces, access drives and wetland buffer.. PROPONENT: Fawn Franksen, Fisher Properties, Inc. LOCATION: The site is located east of" 13" Street NW, approximately 250 feet north of 16th Street NW, within a portion of the northeast quarter of Section 12, Township 21 North, Rance 4 East. W.M. LEAD AGENCY: City of Auburn The Responsible Official of the City of Auburn hereby makes the following Findings of Fact based upon impacts identified in the environmental checklist and the " Final Staff Evaluation for Environmental Checklist No. SEP- 0019-99", and Conclusions of Law based upon the Auburn Comprehensive Plan, and other Municipal policies, plans, rules and regulations designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act rules pursuant to R.C.W. 43.21 C,060. FINDINGS OF FACT: 1. The project includes site preparation and construction of a multiple tenant, light industrial park consisting of four buildings totaling 285,000 square feet (consisting of a 275,000 square foot footprint with allowances for mezzanine floor space) on a 14.68-acre site. The proposal also includes the associated construction of landscaping, utilities, parking spaces, access drives and wetland buffer. The proposal will require the importation of 60,000 cubic yards of materials to preload building pads, for parking lot subgrades, landscaping, utility construction, and building foundations and the proposed excavation of 2,000 cubic yards. 2. On November 13, 1997, the City of Auburn issued a Final Mitigated Determination of Non-Significance (MDNS) for SEPOO I3-97 for the filling and grading of approximately 31,800 cubic yards of material over all or part of an approximately 14.68 acre site to prepare the site for future development. An addendum to the Final MDNS addressing the timing of the mitigation construction was subsequently issued May 26, 1999. The Final MDNS and addendum are hereby incorporated by reference as though set forth in full. 3. The project construction will potentially increase erosion and sedimentation that could cause degradation of area watercourses, sensitive wetland areas and the surface water drainage system. It is anticipated that design and construction consistent with the City's Design and Construction Standards manual will avoid or reduce impacts to a level of insignificance. 4. Site preparation and construction activities will generate increased levels of local suspended particulate emissions. 5. The temporary truck trips that are generated by the construction operations will likely cause adverse impacts to traffic operations on local streets during peak traffic hours and thus generate increased levels of local suspended particulate emissions. 6. The project includes construction of paved surfaces over approximately 90 percent of the site. The construction of paved surfaces will adversely impact the area's water quality. It is anticipated that design and construction consistent with the City's Design and Construction Standards manual will avoid or reduce impacts to a level of insignificance, 7. The creation of expanses of impervious surfaces will increase the quantity of storm water discharge. The project's storm drainage facilities must be properly designed and constructed to accommodate the increased runoff. It is anticipated that design and construction consistent with the City's Design and Construction Standards manual will avoid or reduce impacts to a level of insignificance. 8. The proper design, construction and maintenance of the project's storm drainage facilities are necessary to ensure long-term protection of water quality. 9. The project could potentially caused disruption to the functions and values of the existing off-site wetlands by adding pollutants and creating human intrusions not currently present. The provision of wetland buffers is necessary to reduce or avoid wetland impacts. 10. Without implementation of mitigation measures, the proposed development has the potential to adversely impact the habitat functions of adjacent off-site wetlands. 11. The development of the individual buildings has the potential to result in adverse visual impacts if the exterior building materials and architectural treatments are not coordinated. 12. Without mitigation measures, light and glare from the proposed project may adversely impact adjacent properties, rights-of-way and natural areas. 13. The project has the potential to result in adverse impacts to aircraft accessing the Auburn Airport by creation of glare unless mitigation measures are implemented. 14. Transportation Planning and Engineering, Inc. prepared a Traffic Impact Analysis, to evaluate existing traffic conditions and impacts. This analysis, subsequent revisions, and supplements as reviewed and approved by the City, concluded that the proposed 285,000 square feet of industrial park development will generate approximately 262 vehicle trips in the PM peak hour based on the identified trip rate. The additional traffic will require improvements at site access locations, adjacent roadways, and participation on a pro-rata basis in two off-site roadways, as identified in the Traffic Impact Analysis and by the City of Auburn Public Works Department. 15. Utilities are generally available in the vicinity. The proposed action will result in an increased demand for sewer, water services and storm drainage services and on-site extensions of the existing systems will be required to serve the site. 16. The "Final Staff Evaluation for Environmental Checklist No. SEP0019-99" is hereby incorporated by reference as though set forth in full. CONCLUSIONS OF LAW: Staff has concluded that a MDNS may be issued. This is based upon the environmental checklist and its attachments, and the "Final Staff Evaluation For Environmental Checklist". The MDNS is supported by Plans and regulations formally adopted by the City for the exercise of substantive authority under SEPA. The following are City adopted policies which support the MDNS: Earth/Erosion: 1. The City shall seek to minimize surface water quality and aquatic habitat degradation of creeks, streams, rivers ponds, lakes and other water bodies; to preserve and enhance the suitability of such water bodies for contact recreation and fishing and to preserve and enhance the aesthetic quality of such waters by requiring the use of current Best Management Practices for control of stormwater and nonpoint runoff. {Policy EN-2, Auburn Comprehensive Plan, (ACP)} 2. The City shall seek to ensure that land not be developed or otherwise modified in a manner, which will result in or significantly increase the potential for slope slippage, landslide, subsidence or substantial soil erosion. The City's development standards shall dictate the use of Best Management Practices to minimize the potential for these problems. (Policy EN-64, ACP) 3. Where there is a high probability of erosion (see Map 9.5), grading should be kept to a minimum and disturbed vegetation should be restored as soon as feasible. The City's development standards shall dictate the use of Best Management Practices for clearing and grading activity. (Policy EN-65, ACP) 4. The City shall consider the impacts of new development on hazards associated with soils and subsurface drainage as a part of its environmental review process and require any appropriate mitigating measures. (Policy EN-66, ACP) Air/Suspended Particulate Level: 5. The City shall seek to secure and maintain such levels of air quality as will protect human health, prevent injury to plant and animal life, prevent injury to property, foster the comfort and convenience of area inhabitants, and facilitate the enjoyment of the natural attractions of the area. (Policy EN-16, ACP) 6. The City shall consider the impacts of new development on air quality as a part of its environmental review process and require any appropriate mitigating measures. (Policy EN-20, ACP) Water /Surface (Wetlands, Water Quality): 7. The City shall seek to minimize surface water quality and aquatic habitat degradation of creeks, streams, rivers, ponds, lakes and other water bodies; to preserve and enhance the suitability of such water bodies for contact ♦ 4~ , , recreation and fishing and to preserve and enhance the aesthetic quality of such waters by requiring the use of current Best Management Practices for control of stormwater and nonpoint runoff. (Policy EN-2, ACP) 8. The City's design standards shall ensure that the post development peak stormwater runoff rates do not exceed the pre-development rates. (Policy EN-8, ACP) 9. The City will seek to ensure that the quality of water leaving the City is of equivalent quality to the water entering. This will be accomplished by emphasizing prevention of pollution to surface and ground waters through education programs and implementation and enforcement of Best Management Practices. (Policy EN-9, ACP) 10. The City shall consider the impacts of new development on water quality as part of its environmental review process and require any appropriate mitigating measures. Impacts on fish resources shall be a priority concern in such reviews. (Policy EN-11, ACP) 11. The City shall require the use of Best Management Practices to enhance and protect water quality, as dictated by the City's Developer Design Manual or other designated standard until it is completed. In all new development, biofiltration or other approved treatment measures shall be required prior to discharging storm waters into the City storm drainage system or into environmentally sensitive areas (e.g. wetlands, rivers, and groundwater). (Policy EN- 12, ACP) 12. The City recognizes the important biological and hydrological roles that wetlands play in providing plant and animal habitat, protecting water quality, reducing the need for man-made flood and storm drainage systems, maintaining water quality, and in providing recreational, open space, educational and cultural opportunities. (Policy EN-23, ACP) 13. The City recognizes that wetlands provide varying degrees of biological and hydrological functions and values to the community depending on the size, complexity and location of the individual system, and that the overall degree of functions and values should be considered when reviewing proposals which impact wetlands. In a similar manner, the levels of protection afforded to a wetland shall be consistent with its existing function and*values. (Policy EN-24, ACP) 14. The City shall consider the impacts of new development on the quality of wetland resources as part of its environmental review process and shall require appropriate mitigation and monitoring measures of important wetland areas. Such mitigation may involve conservation, enhancement or restoration or replacement of important wetlands, and provisions for appropriate buffering. The goal of the mitigation should be no net loss of wetland functions and values. A permanent deed restriction shall be placed on any wetlands created or enhanced to ensure that they are preserved in perpetuity. (Policy EN-25, ACP) 15. Wetlands which are associated with a river or stream, or provide significant plant and animal habitat -opportunities are recognized by the City as the most important wetland systems, and shall receive the highest degree of protection and mitigation through conservation, enhancement or relocation measures. Wetlands, which are limited in size, are isolated from major hydrological systems or provide limited hydrological or plant and animal habitat opportunities, may be considered by the City for development and displacement in conjunction with appropriate mitigation. (Policy EN-26, ACP) 16. The City shall enact ordinances and review development proposals in a manner, which restricts and controls the discharge of storm water from new development. At a minimum, the peak discharge rate after development shall not exceed the peak discharge rate before development. (Policy £N-55, ACP) 17. The City shall seek to retain as open space, those areas having a unique combination of open space values, including: separation or buffering between incompatible land uses; visual delineation of the City or a distinct area or neighborhood of the City; unusually productive wildlife habitat; wetlands; floodwater or stormwater storage; stormwater purification; recreational value; historic or cultural value; aesthetic value; and educational value. (Policy PR-7, ACP) 18. The Mill Creek Basin Flood Control Plan, when completed, shall be the basis for the establishment of downstream drainage conditions for development in that area. (Policy EN-63, ACP) Plants: 19. The City shall encourage the retention of vegetation and encourage landscaping in order to provide filtering of suspended particulates.- (Policy EN-18, ACP) 20. The City shall consider the impacts of new development on the quality of land, known or suspected fish and wildlife habitats (Map 9.2) and vegetative resources as a part of its environmental review process and require any appropriate mitigating measures. Such mitigation may involve the retention of significant habitats and the use of native landscape vegetation. (Policy EN-22, ACP) 21. The City shall encourage the use of native vegetation as an integral part of public and private development plans. (Policy EN-29, ACP) Animals: 22. The City shall consider the impacts of new development on the quality of land, known or suspected fish and wildlife habitats (Map 9.2) and vegetative resources as a part of its environmental review process and require any appropriate mitigating measures. Such mitigation may involve the retention of significant habitats and the use of native landscape vegetation. (Policy EN-22, ACP) 23. The City shall seek to retain as open space those areas having a unique combination of open space values, including: separation or buffering between incompatible land uses; visual delineation of the City or a distinct area or neighborhood of the City; unusually productive wildlife habitat; wetlands; floodwater or stormwater storage; stormwater purification; recreational value; historic or cultural value; aesthetic value; and educational value. (Policy PR-7, ACP) Aesthetics: 24. The City shall encourage development, which maintains and improves the existing aesthetic character of the community. (Policy UD-1, ACP) 25. Storm drainage facilities shall incorporate high standards of design to enhance the appearance of a site, preclude the need for security fencing, and serve as an amenity. The design of above ground storage and conveyance facilities should address or incorporate landscaping utilizing native vegetation, minimal side slopes, safety, maintenance needs, and function. The facilities should be located within rear or side yard areas.and the design should preclude the need for security fencing whenever feasible. (Policy UD-6 ACP) 26. The visual impact of large new developments should be a priority consideration in their review and approval. (Policy UD-9, ACP) I • L• 4 6 27. The City shall seek to retain as open space those areas having a unique combination of open space values, including: separation or buffering between incompatible land uses; visual delineation of the City or a distinct area or neighborhood of the City; unusually productive wildlife habitat; wetlands; floodwater or stonmwater storage; stormwater purification; recreational value; historic or cultural value; aesthetic value; and educational value. (Policy PR-7 ACP) Light and Glare: 28. The City shall seek to minimize the exposure of area inhabitants to excessive levels of light and glare. Performance measures for light and glare exposure to surrounding development should be adopted and enforced. (Policy EN-39, ACP) 29. The City shall seek to minimize or eliminate the potentially adverse effects of light and glare on the operation of the Auburn Municipal Airport. (Policy TR-57, ACP) Transportation/Street and Vehicular Traffic: 30. Public facilities shall be provided in accord with the guidance of the Capital Facilities Plan or, as may be appropriate a system plan for each type of facility designed to serve at an adequate level of service the locations and intensities of uses specified in this comprehensive plan. (Policy CF-11, ACP) 31. The City shall continue to require developers of new development to construct transportation systems that serve their developments. The City shall also explore ways for new development to encourage vanpooling, carpooling, public transit use, and other alternatives to SOV travel. (Policy TR-21, ACP) 32. Improvements that serve new developments will be constructed as a part of the development process. All costs will be borne by the development when the development is served by the proposed new streets. In some instances, the City may choose to participate in this construction where improvements serve more than adjacent developments. The City will encourage the use of LIDs, where appropriate and financially feasible, and to facilitate their development. The City will consider developing a traffic impact fee system. (Policy TR-23, ACP) 33. Improvements that upgrade existing streets are considered to benefit the abutting property and such improvements should be funded by the abutting property owners. Some City participation may be appropriate to encourage the formation of LIDs in particular problem areas. (Policy TR-24, ACP). 34. Revenues for street improvements should primarily provide for the orderly development of the general traffic flow in compliance with the six-year street plan. The basic criterion for such funding should be the degree to which that project improves the general traffic flow and not the benefit that might accrue to properties. Use of revenues to encourage formation of LIDs should be of only secondary concern, and should be considered appropriate only when used to address particularly significant traffic problems. Where it is possible to establish a direct relationship between a needed improvement and a development, the development should be expected to contribute to its construction. (Policy TR-25, ACP) 35. New developments shall incorporate non-motorized facilities that meet City standards, provide connectivity to adjacent communities, public facilities, and major shopping centers, and that are consistent with the Non Motorized Plan and the Land Use Plan. (Policy TR-35, ACP) 36. The City zoning ordinance and other appropriate regulatory measures shall enforce the airport clear zones in accordance with the Airport master Plan and FAA guidelines. The impact of development on air safety shall be , , " Y assess through City SEPA review and any recommended mitigation measures shall be required by the City. (Policy TR-56, ACP) Utilities: 37. The City shall require developers to construct storm drainage improvements directly serving the development, including any necessary off-site improvements. (Policy CF-38, ACP) 38. The City shall require that storm drainage improvements, needed to serve new development, shall be built prior to or simultaneous with such development, according to the size and configuration identified by the Drainage Plan and comprehensive Plan as necessary to serve future planned development. The location and design of these facilities shall give full consideration to the ease of operation and maintenance of these facilities by the City. The City should continue t6 use direct participation, LIDs and payback agreements to assist in financing of off-site improvement required to serve the development. (Policy CF-39, ACP) 39. The City recognizes that stormwater treatment facilities do not function efficiently unless maintained. The City shall implement an Operation and Maintenance Program to ensure that public and private stormwater collection, detention and treatment systems are properly maintained. (Policy EN-15, ACP) CONDITIONS: The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment, and an environmental impact statement (EIS) is not required under RCW 43.21C.030(2xc), only if the following conditions are met. This decision was made after review of a completed environmental checklist and other information of file with the lead agency. This information is available to the public on request. 1. As required by the Building Official, the imported fill material must originate from a source approved by the City. 2. The Contractor shall be required to water the site, as necessary, to reduce the dust emissions as a result of construction activity. These actions will be governed and directed by the Building Official or designee. 3. Prior to the issuance of construction permits, the applicant must furnish the City Engineer with a proposed haul route and schedules of hauling fill material to the site. If, in the opinion of the City Engineer, such hauling will adversely impact the street network, hauling hours may be limited to appropriate off-peak hours, alternative routes or schedules. 4. The proponent shall provide the City with an inspection and maintenance easement for the on-site storm drainage facilities. The easement shall be prepared and submitted to the City for approval prior to issuance of occupancy permits. 5. The proponent shall provide an operation and maintenance program for all on-site stormwater facilities including but not limited to conveyance, storage and treatment facilities. This program is to include procedures and a schedule for maintaining all stormwater facilities and shall indicate the party or parties responsible for said maintenance. This program shalt also include an agreement signed by all property owners utilizing the stormwater facilities that they agree to abide by the operations and maintenance program. This agreement and program shall be attached; binding and running with the title of the property which utilizes the stormwater facilities. 6. Prior to the issuance of building permits, a wetland buffer plan shall be submitted for review and approval. The plan shall include the planting and establishment of a vegetative buffer along the east side of the property adjacent to the off-site wetland. The buffer shall either consist of upland areas within the eastern 25-feet of the proposed development site or alternatively the buffer's width shall consist of enhancement of 20 feet of the wetland edge off- site and 5 feet of adjacent upland, on-site through an agreement with the adjacent property owner (Auburn Municipal Airport). The buffer shall incorporate the following characteristics: areas of flattened slopes (ranging from 4:1 to 6:1 in gradient) to provide a habitat transition area and plantings of vegetation native to the Northwest that will provide shade and cover for local wildlife. A maintenance plan for the buffer shall also be prepared and submitted for review and approval. Since the City desires in the future to secure approvals to fill this adjacent wetland areas to reduce potential safety hazards associated with operation of the Auburn Municipal Airport, the proponent may by agreement with the City provide the equivalent cost necessary to construct and maintain the off-site portion of the wetland buffer. If within three years the City is successful in securing approval to fill the adjacent wetland area and complete the mitigation off-site the City would use the money collected to assist in funding the relocation of wetlands off-site. If the City is not successful in securing approvals to relocate the wetlands, the City will within three years utilize the money to complete the off-site portion of the wetland buffer as originally proposed. a. Filling, development and wetland buffer construction may occur concurrently. All wetland mitigation work shall be completed prior to the issuance of occupancy permits unless an agreement is reached with the City to assume the obligation to construct the off-site portion of the wetland buffer, then only the on-site portion must be completed prior to issuance of occupancy permits. . b. Prior to the issuance of construction permits, an appropriate security equivalent to 125% of the cost of all work necessary to establish and maintain the 25-foot buffer shall be submitted to the Building Official. If an agreement is reached with the City to assume the obligation to construct the buffer, the security equivalent for the oft-site portion of the buffer shall be kept active for a minimum of three years following project completion and either used by the City to construct the buffer as proposed or used for off-site mitigation if approvals for filling the off-site wetlands are secured. In either case, the security related to the on-site portion shall be kept active for a minimum of three years following project completion. At the end of the three year period, the City shall determine if the security equivalent for the on-site portion can be returned, or if the area should be replanted, enhanced or otherwise modified to reflect the intent and density of the approved plan. c. Following completion and acceptance of the on-site portion of the buffer work, no clearing, grading, or other construction shall occur within the buffer, except as may be authorized by the Public Works Director for: protection of public health, safety, and welfare or maintenance purposes. d. The wetland and buffer area shall be clearly indicated on all construction plans approved by the City, indicating the purpose and limitations on the use of the area. The boundary of the wetland shall be staked in twenty-five foot intervals as clearing and construction limits for all construction activities adjacent to the wetland area, as required by the Public Works Director. No construction shall occur in the wetlands. Further, during site grading and the establishment of temporary erosion and sediment control measures, the off-site wetland must be protected from potential contamination from untreated stormwater discharges. 7. The purpose and intent of the following condition is to discourage the uncontrolled intrusion of humans into the mitigation area and to ensure long term protection. The following information and improvements shall be provided: 9 a. A minimum of two interpretative signs for each site shall be installed and maintained as part of the wetland buffer construction. These signs shall indicate the wetland location, the wetland's role in the ecosystem and restrictions related to the use of the mitigation area. The sign locations, construction and text shall be specified in the wetland buffer plan. The signs may be removed in the event that within three years, the City is successful in securing approval to fill the adjacent wetland area and complete mitigation off site. b. The on-site wetland buffer area shall be encumbered by a conservation easement granted to the City of Auburn. The easement shall state that any uses within the easement area-shall be as approved by the Planning Director. The uses shall be consistent with the purpose of the wetland buffer/mitigation and be a general benefit to the public. Evidence that the easement has been executed and recorded is required prior to issuance of any building permits for the site. The Planning Director or designee can provide an alternative comparable encumbrance through pre-approval. The easement shall be extinguished in the event that within three years, the City is successful in securing approval to fill the adjacent wetland area and complete mitigation off-site. 8. A site design plan including landscaping, building and site features shall be prepared and submitted for review and approval by the Planning Director prior to the issuance of any building permit. The site design plan, in addition to demonstrating compliance with applicable City regulations, shall address the following elements: a. The exterior appearance of the site buildings shall be coordinated through use of similar treatments and architectural continuity. Landscaping shall employ similar plant materials as the adjacent project to the north. b. Architectural details shall be employed to visually break up expanses of exterior building walls exceeding 150 feet in length and minimize the appearance of service accesses visible from the street. c. To ensure that the combination of the landscaping amenities and the project's above ground storm drainage facilities do not result in adverse functional or visual impacts, the design of the drainage and landscaping shall be coordinated. Professionally prepared drainage facility construction and landscaping plans shall be submitted for review and approval by the Planning Director and Public Works Director. The storm drainage facilities shall. incorporate high standards of design to enhance the appearance of the site, preclude the need for fencing. 9. The plans submitted to the City for building construction shall demonstrate that proposed exterior lighting shall be shielded and directed to avoid light spillage onto adjacent properties and natural area. 10. The plans submitted to the City for building construction shall demonstrate that the roof of all structures will be composed of material so as to prevent glare, which would impact the operation of aircraft using the airport. 11. The proposed development contributes additional vehicle trips to two roadways, which are identified for improvement in the City's Six-Year Transportation Improvement Program (TIP). To mitigate the project's impacts at these locations, prior to the issuance of permits for any vertical construction the proponent shall enter into a traffic mitigation agreement with the City for future participation in transportation improvements in the pro-rata share as follows. # Roadway/intersection Project Project Trips Total Entering Trips Percentage Project @ 2002 or capacity Trips S. 277th Street - AWN and W. Valley Hwy 27 2800 - one EB & 0.96 WB lane @ grade . 10 9 Auburn Way N - 2nd Street NE to 4" Street 16 1874 0.85 NE. 12. The conditions contained in the City's previous Final Mitigated Determination of Non-Significance for the site, File No. SEP0413-97, are hereby incorporated by reference as though set forth in full. 13. Prior to issuance of occupancy permits, the proponent shall provide evidence of the filing of a Notice of Construction or Alteration of objects that may affect the navigable airspace with the Federal Aviation Administration addressing all phases of the project pursuant to title 14 CFR Part 77. RESPONSIBLE OFFICIAL: Paul Krauss, A.I.C.P. POSITION/TITLE: Director of Department of Planning and Community Development ADDRESS: 25 West Main Street Auburn, WA 98001 (253) 931-3090 DATE ISSUED: February 29, 2000 SIGNATU Any person aggrieved of this final determination may file an appeal with the Auburn City Clerk within 21 days of the date of issuance of this notice. All appeals of the above determination must be filed by 5:00 P.M. on March 21. 2000. Note: this determination does not constitute approval of the proposal. The proposal will be reviewed for and required to meet all appropriate City development requirements. n^ C~ o ,I N 825 West 8th Avenue Anchorage, Alaska 99501 Phone: (907) 278.3695 1-1 835 Rancho Lane Las Vegas, Nevada 89106 Phone: (702) 382-9994 23 NOV 82 U 2 0 Sincerely Yours, URS Company To: ' U A 49429,I) 111 4 '79/, M Attention: Subject: 01,11 We Are Transmitting: The Following: Prints or Tracings Construction Drawings Specifications Shop Drawings Change Order Approved Bills Legal Descriptions Letters A!3.15.L URS 0 Fourth and Vine Building Seattle, Washington 98121 Phone: (206) 623-6000 Date: 2 ? - A For: Review and Comment Approval Signature Your Use and Files Quotation Payment As Requested Action Noted Below Herewith Under Separate Cover Number of Copies: Sets Sheets this informal letterhead was designed to be a handwritten form of communication that will both increase message speed and reduce costs RESOLUTION NO. 1363 EXHIBIT "P" ; ' PER,vJT -OR LIMITED USE OF OPERATING r AOPERTY A0W-ASM PERMIT NO. 12-21-04-0512 THIS LIMITED USE PERMIT made this .2.1S_t_ day of September 19 8 2 , by and between PUGET SOUND POWER & LIGHT COMPANY, a Washington corporation Puget" herein) and City Of Auburn a municipal corporation of the State of Washington (•'Permittee" herein). Puget hereby grants permission to Permittee to use the following described real property (the "Property" herein) situated in Ki nQ County. Washington: The South 30 feet of the West 45 feet, less the South 15 feet of the West 30 feet, of the East 100 feet of that portion of the North half of the South half of Section 12, Township 21 North, Range 4 East, W.M., lying westerly of the westerly margin of the Chicago Milwaukee and Saint Paul Pacific Railroad right of way. 1. Term. Unless otherwise terminated pursuant to the terms hereof, the term of this Permit is __6 Brio s . beginning October 1 1982 2. Rent. Permittee shall pav to Puget the sum of $ 5 t7 _ an }pMxxxxxxxxxxx pavable Xxxxxxxx in advance.x781[Xdi+XizCX~'a?R~frS90a90:P~xc~K?fi3~KFAhi'►~k11[t~i~[r21K1?fi2i:@Ee'kiR 3. Permittee's Use of Property. Sewer pipeline construction Temporary materials storage and equipment maneuvering area. 4. Limitations on Use. The Property is operating utility property of Puget and Puget may use same for the purposes of its utility business as full r• as if this permit had not been given. Permittee shall not erect any building or structure of any kind on the Property, or use the Property for any purpose other than specified in paragraph 3 above. No blasting shall be done without Piiget's prior written consent, and brush and stumps shall be burned only at the times and in the manner permitted by law and with due care not to injure any property. Permittee shall comply with all laws and ordinances applicable to the Property and Permittee's use thereof, and shall keep the Property free from any and all liens which might arise as a result of Permittee's use and occupancy of the Property. 5. Indemnity. The Property is subject to the hazards incident to the operation of an electrical svstem, and in consideration of the nominal charge paid by Permittee for the use of the Property. Permittee hereby agrees that Puget shall not be liable for any damage or injure suffered by Permittee on the Property or for any damage or injury to crops or other property upon the Property. Permittee further agrees to save and hold Puget harmless from all claims for damages suffered by any person on the Property which may arise as a result of Permittee's use of the Property. 6. Assignment, Termination. This permit is not assignable and it may be terminated by Puget at any time upon sixty (601 days' iyrilten notice given to Permittee in person or by mail. Upon such termination the unearned part of any prepaid rental shall be refunded. 7. Restoration. Capon termination of this permit, Permittee shall remove any facility which Permittee has placed upon the Proport., and stna'.l otherwise restore the Property to as good a condition as it was prior to the installation of said facility on the Property. EXEC[ iTED as rf t' ant,' ' . PUGET SOUND POWER & LIGHT COMPANY By lfi ys~ ~jy Prrmih:BOB ROEGNER, MAYO Its Director Real EstateReal Estate 25 West Main Street Auburn WA 98002 Post Office Address Telephone No. 931-3000 'nn.r.u O•'v RESOLUTION NO. 1363 EXHIBIT "B" f ~ T 40i . m Leer AGREEMENT FOR EASEME14T FOR SANITARY SEWER PIPELINE N'1 THIS AGREEMENT made this 5th day of October , 1982, t(1 between PUGET SOUND POWER & LIGHT COMPANY, a Washington corpora- i tion ("Puget" herein), and the CITY OF AUBURN, a munici al corporation of the State of Washington ("Grantee" herein); 1 ~a WHEREAS, Puget is the owner of a strip of land one hundred (1001) feet in width, running generally North and South through the Southwest Quarter of Section 12, Township 21 North, Range 4 tj East, W.M., King County, Washington, which strip of land is presently owned and occupied by Puget in connection with Puget's electric utility operations, (said strip being hereafter referred to as "Puget's Right-of-Way"); and WHEREAS, Grantee desires an easement for a sanitary sewer pipeline across Puget's Right-of-Way at a location more specif- ically described herein below; NOW THEREFORE, in consideration of TEN AND 00/100 ($10.00) DOLLARS and other good and valuable consideration in hand paid receipt of which is hereby acknowledged, and in consideration of the performance by Grantee of the covenants, terms and conditions hereinafter set forth, Puget hereby grants, conveys and quit- claims to Grantee the following easement: A. A nonexclusive, perpetual easement across, along, in, upon and under that portion of Puget's Right-of-Way described in Exhibit "A", attached hereto and by this reference made a part hereof, for the purpose of installing, constructing, operating, maintaining, removing, repairing, replacing and using a sanitary sewer pipeline, consisting of a concrete pipe, twelve (12") inches in diameter, with all connections, manholes and under- ground appurtenances thereto (herein the "Sewer Line"), together with the nonexclusive right of ingress to and egress from said portion of Puget's Right-of-Way for the foregoing purposes;. The terms "Easement" and "Easement Area" in this instrument refer to the easement on the property described in Exhibit "A". This easement is granted subject to and conditioned upon the following terms, conditions and covenants which Grantee hereby promises to faithfully and fully observe and perform. 1. Cost of Construction and Maintenance. Grantee shall bear and promptly pay all costs and expenses of construction and maintenance of the Sewer Line. 2. Compliance with Laws and Rules. The Grantee shall con- struct, maintain and use the Sewer Line in accordance with the requirements of Puget, the National Electric Safety Code and any statute, order, rule or regulation of any public authority having jurisdiction. 3. Use of the Right-of-Way by Puget. Grantee's rights herein shall at all times be subordinate to such rights of Puget as are necessary to preserve and maintain the capabilities of Puget's Right-of-Way to be used for electric utility purposes, and nothing herein contained shall prevent or preclude Puget from undertaking construction, installation and use of any electric utility facilities within Puget's Right-of-Way. Puget shall not be liable to Grantee or to Grantee's employees, agents, or to any other party benefiting from said Sewer Line, for loss or injury resulting from any damage or destruction of the Sewer Line, directly or indirectly- caused by Puget's existing or future use cf Puget's Right-of-way. FILED FOR RECORD AT REQUEST ON, ATTE 4TTnra: : ~xrrr xca~,s^;s PUGET POWER 0001 REAL ESTATE DIVISION 4. Required Prior Notice and Approval of Plans and Specifications. Prior to any alteration, replacement or removal of the Sewer Line facilities or any other major activity by Grantee on Puget's Right-of-Way, Grantee shall give Puget written notice thereof together with preliminary plans and specifications for the same at least two (2) months prior to the scheduled commencement of such activity. Puget shall have the right to require that such plans and specifications be modified, revised or otherwise changed to the extent that the final plans and specifications therefor shall include provisions for the protection of Puget's facilities, the prevention of hazardous conditions and minimum interruption to Puget's utility operations. No such activity shall be commenced without Puget's prior written approval of the plans and specifications therefor and all changes or amendments thereto, which approval shall not be unreasonably withheld. Notwithstanding the foregoing, in the event of any emergency requiring immediate action by Grantee for protection of the Sewer Line, persons or.property, Grantee may take such action upon such notice to Puget as is reasonable under the circumstances. Nothing herein shall be deemed to impose any duty or obligation on Puget to determine the adequacy or sufficiency of the Grantee's plans and specifications, or to ascertain whether Grantee's construction is in conformance with the plans and specifications approved by Puget. 5. As-Build Survey. Upon Puget's request, Grantee shall promptly provide Puget with as-built drawings and survey showing the location and elevations of the Sewer Line facilties on Puget's Right-of-Way. 6. Grantee's Use and Activities. Grantee shall exercise its rights under this Agreement so as to minimize and avoid, insofar as possible, interference with the use by Puget of its Right of Way for electric utility purposes and shall at all times conduct its activities on the Easement Area so as not to inter- fere with, obstruct or endanger Puget's operations or facilities. Grantee shall install the Sewer Line and conduct any other of its substantial activities on Puget's Right of Way as may be communicated to Grantee by Puget for the purpose of protecting Puge't's facilities, preventing hazardous conditions and minimizing interruptions to Puget's utility operations. 7. Coordination of Activities. Grantee shall give at least thirty (30) days advance written notice of the proposed dates of its construction, repair and maintenance activities on Puget's Right of Way to Puget's South Central Division (presently headquartered at Renton, Washington), or such other division of Puget as Puget may from time to time designate. Grantee shall cooperate in the revision of such dates and/or the coordination of its activities with those of Puget's if deemed necessary by Puget to minimize conflicts, ensure protection to each party's facilities, prevent hazardous conditions, or minimize interrup- tion of Puget's operations. Provided, however, that in the event of an emergency requiring immediate action by Grantee for the protection of its facilities or other persons or property, Grantee may take such action upon such notice to Puget as is reasonable under the circumstances. 8. Work Standards. All work to be performed by Grantee on Puget's Right-of-Way shall be designed and constructed so as to withstand the consequences of any short circuit of any of Puget's electric facilities now or hereafter installed on the Right-of- Way. All work to be performed by Grantee on Puget's Right-o€-Way shall also be in accordance with the plans and specifications submitted to and approved by Puget and shall be completed in a careful and workmanlike manner to Puget's satisfaction, free of claims or liens; howevez, nothing herein shall be deemed to impose a duty or obligation on Puget with respect to the lnifi~s -2- 0001 sufficiency therof. Without limitation to the foregoing, Grantee shall exercise the utmost caution when conducting its activities in the vicinity of any of Puget's energized power lines in order. to prevent any contact therewith. Upon completion of such work, Grantee shall remove all debris and restore the ground surface as nearly as possible to the condition in which it was at the commencement of such work, and shall replace any property corner monuments which were distrubed or destroyed during construction. Grantee shall also pay to Puget all of Puget's costs necessary to re-establish destroyed survey references and hubs established by Puget in conjunction with any survey for new facilities on Puget's Right-of-Way. 9. Changes and Repairs to Puget's Facilities. Grantee shall promptly pay to Puget the cost of any relocation, altera- tion, restoration and other changes or repairs to Puget's facilities which Puget shall reasonably deem necessary by reason of the construction, use and maintenance of the Sewer Line or other activities of Grantee on Puget's property. Without limitation to the foregoing, Grantee shall promptly pay to Puget the cost of temporary raising of wires and the realignment or strengthening of power poles or towers made necessary by Grantee's activities pursuant to this Agreement. If Puget so requests, Grantee shall provide assurance of payment satisfactory to Puget prior to Puget's commencement of such work. Puget shall accomplish such changes or repairs, subject to the availability of labor and materials. For the purpose of this paragraph, "cost" shall be defined as all direct or assignable costs of materials, labor and services including overhead, in accordance with charges for transportation of men, material, and equipment, storage expense of material and rental of equipment. 10. Access. The Grantee shall design, construct, maintain and use its Sewer Line in such fashion as to permit reasonable and continuous access along Puget's Right-of-Way in all direc- tions, and in such fashion as to accommodate and support vehicular travel over and across the Sewer Line, including travel by cranes and trucks with heavy loads. Grantee shall at all times keep Puget's Right-of-Way free and clear of all obstruc- tions and equipment. If requested by Puget, the Grantee shall make provisions for continued access by Puget along Puget's Right-of-Way during construction of the Sewer Line. 11. Inspectors. Puget shall appoint one or several Puget representatives who shall serve as inspectors to oversee all work to be performed by Grantee on Puget's Right-of-Way. Grantee shall not carry on any work unless it has given such notice to Puget as may be reasonable in the circumstances so as to allow for the presence of such inspector or inspectors. Grantee and Grantee's contractors shall promptly and fully comply with all orders and directions of Puget's inspectors, including without limitation, cessation of work, and Grantee's construction contracts shall so provide. Grantee shall promptly pay Puget's charge for such inspectors. 12. Conflict with Future Installations of Puget. In the event that it should become necessary for Puget to install additional electric utility facilities or otherwise use Puget's Right-of-Way and if, in the sole judgment of Puget, the location, existence and use of the Sewer Line interferes with such installation or use to the extent that it is impracticable or substantially more expensive to accomplish such installation or use, or that such installation or use may pose a hazard because of the location, existence or use of the Sewer Line, Grantee shall have the obligation to either, in Grantee's sole discre- tion, (a) protect, modify or relocate the Sewer Line at the cost and expense of Grantee, so as to remove the interference or hazard to Puget's satisfaction, or (b) to reimburse Puget for its added costs of design, construction and installation to avoid such interference or hazard. In the event Puget intends to Ini,)1, -3- IT 0001 undertake any such construction, Puget shall give Grantee reasonable advance written notice of such intention together with preliminary plans and specifications for such work, identifying the potential interference or hazard and all design information relating thereto. In no event shall such notice and plans be required to be given more than six months prior to the scheduled commencement of work. Within one (1) month after receiving such notice from Puget, Grantee shall give written notice to Puget by which notice Grantee will elect to (a) protect, modify or relocate the Sewer Line, or (b) reimburse Puget for its said added costs. If the Grantee elects to protect, modify or relocate the Sewer Line, it shall commence work promptly and diligently prosecute such work to completion prior to the scheduled date of commencement of Puget's construction. If Grantee elects to pay Puget's added costs, Grantee shall give Puget satisfactory assurance of payment of such costs at the time such notice of election is given. If Grantee does not so elect one of the above-described options by giving Puget the required notice, Puget shall be entitled to make such an election on behalf of Grantee, Grantee agrees that this election shall be binding upon Grantee and have the same effect as if made by Grantee. If Puget so elects option (a) described herein or if Grantee elects option (a) and fails to commence and prosecute its work as contemplated herein, Puget may, at its option, undertake such work on behalf of Grantee as Puget deems necessary pursuant to option (a) and Grantee shall promptly pay Puget for all costs incurred by Puget in performing such work. Puget's costs reimbursable under this paragraph are defined as in Paragraph 9 herein. 13. Termination for Breach. In the event Grantee breaches or fails to perform or observe any of the terms and conditions herein, and fails to cure such breach or default within ninety (90) days of Puget's giving Grantee written notice thereof, or within such other period of time as may be reasonable in the circumstances, Puget may terminate Grantee's rights under this Agreement in addition to and not in limitation of any other remedy of Puget at law or in equity, and the failure of Puget to exercise such right at any time shall not waive Puget's right to terminate for any future breach or default. 14. Termination for Cessation of Use. In the event Grantee ceases to use the Sewer Line for a period of five (5) successive years, this Agreement and all Grantee's rights hereunder shall terminate and revert to Puget. 15. Release of Sewer Line on Termination. No termination of this Agreement shall release Grantee from any liability or obligation with respect to any matter occurring prior to such termination, nor shall such termination release Grantee from its obligation and liability to remove the Sewer Line facilities from Puget' s Right--of-Way and restore the ground. 16. Removal of Sewer Line on Termination. Upon any termina- tion of this Agreement, Grantee shall promptly remove from the Easement Area the Sewer Line facilities and restore the ground to the condition now existing or, in the alternative, take such other mutually agreeable measures to minimize the impact of the Sewer Line on Puget's Right-of-Way. Such work, removal and restoration shall be done at the sole cost and expense of Grantee and in a manner satisfactory to Puget. In case of failure of Grantee to so remove the Sewer Line facilities, restore the ground or take such other mutually agreed upon measures, Puget may, after reasonable notice to Grantee, remove the Sewer Line facilities, restore the ground or take such measures at the expense of Grantee, and Puget shall not be liable therefor. 17. Third Party Rights. Puget reserves all rights with respect to its property including, without limitation, the right -4- ) 0001 to grant easements, licenses and permits to other subject to the rights granted in this Agreement. 18. Release and Indemnity. Grantee does hereby release, indemnify and promise to defend and save harmless Puget from and against any and all liability, loss, cost, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by Puget in defense thereof, asserted or arising directly or indirectly on account of or out of (1) acts or omissions of Grantee and Grantee's servants, agents, employees, and contractors in the exercise of the rights granted herein, or (2) acts and omissions of Puget in its use of the Right-of-Way which affect Grantee's employees, agents, contractors, and other parties benefiting from said Sewer Line; provided, however, this paragraph does not purport to indemnify Puget against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Puget or Puget' s agents or employees. 19. Insurance. Prior to Grantee's construction activities or other substantial activities on Puget's Right-of-Way under the rights provided herein, Grantee shall submit to Puget evidence that Grantee or Grantee's contractors has obtained comprehensive general liability coverage (including broad form contractual liability coverage) satisfactory to Puget with limits no less than the following: Bodily Injury Liability, including $1,000,000 automobile bodily injury liability each occurrence Property Damage Liability, including $1,000,000 automobile property damage liability each occurrence Said evidence shall be submitted on Puget's Certificate of Insurance standard form (which form Puget shall provide upon request) or such other form as Puget may from time to time approve. Said coverage shall be maintained by Grantee or Grantee's contractors during the period when such activities take place. '20. Taxes. Grantee shall promptly pay or reimburse Puget for any taxes levied as a result of this Agreement or relating to the Grantee's improvements constructed pursuant to this Agreement. 21. Title. The rights granted herein are subject to permits, leases, licenses and easements, if any, heretofore granted by Puget affecting the property subject to this Agreement. Puget does not warrant title to its property and shall not be liable for defects thereto or failure thereof. 22. Notices. Unless otherwise provided herein, notices required to be in writing under this Agreement shall be given as follows: If to Puget: Puget Sound Power & Light Company Real Estate Department Puget Power Building Bellevue, Washington 98009 If to Grantee: City of Auburn 25 West Main Auburn, Washington 98002 Attention: Mr. Joe Sickler Notices shall be deemed effective, if mailed, upon the second day following deposit thereof in the United States Mail, postage prepaid, certified or registered mail, return receipt requested, or upon delivery thereof if otherwise given. Either -5- F 1 J 0001 party may change the address to which notices may be given by giving notice as above provided. 23. Assignment. Grantee shall not assign its rights here- under. No assignment of the privileges and benefits accruing to Grantee herein, and no assignment of the obligations or liabilities of Grantee herein, whether by operation of law or otherwise, shall be valid without the prior written consent of Puget. 24. Successors. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 25. Liability. In the event of any assignment of the rights hereunder, the liability of Grantee and its assignees shall be joint and several. EXECUTED as of the date hereinabove set forth. ACCEPTED: CITY OF AUBURN PUGET SOUND POWER & LIGHT COMPANY By By Mayor Director Real Estate STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this 5TN day of c>c-.66ryr , 1982, before me, the undersigned, personally appeared WM. K. ARTHUR, to me known to be the Director Real Estate of PUGET SOUND POWER & LIGHT COMPANY, the corporation that executed the foregoing instrument, and ac=:nowledged 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 he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. 1 Notary 'ublic in and for the State of Washington, residing at k~ete.~a~►~ STATE 0 ;?.SHINGTON ) ss. COF KING ) On this day of , 1982, before me, the undersigned, personally appeared BOB ROEGNER to me }mown to be the MAYOR of the CIT!' OF AUBURN, the municipal corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corpora- tion, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. Notary Public in and for the State of Washington, residing at -6- 0001 EXHIBIT "A" The South 15 feet of the West 30 feet of the East 100 feet of that portion of the North half of the South half of Section 12, Township 21 North, Range 4 East, W.M., lying westerly of the westerly margin of the Chicago Milwaukee and Saint Paul Pacific Railroad right-of-way. l nir,~f -7- 0001 VICINITY MAP i v'+'••It ST E Yi' ~ S 318 n - 1 I $ 320J 1 ^ 4 I V4 s- ~I I -i I 1 3.," ol~ ~I S. ~i III i •'r ri I I I 1 I j I `C41 CrjAf v \40 1 J.~ 5• cr ,y~ I ?6TH S SE ±t" S i 4 1 '7t ~ e, 1! Ti7M ~ 17 I eoM all. wn;~t.._.!J LOMC AU3 I N I L , C 1 1 ~o T ?E -a A-, ~f f + = ? 7 c .lT i ~ PERMIT M LM07 ZUTIM 4EWER LINE f T r ~ 4 C1T`i OT' AUBllQAI. La1.P. 110.12 21'04.0512 • s SEE REF: BMT A.F. No. ' ' NORTH LINE OF % OF 5Y% SELTiDN 12-21- 4 r; i EMEMWT- 15' 30'- TO GCTq L1IJbU - TfllS EASEMENT ADJALENI TO THE ESV'l WiFEREWED DELDIN. A.F. NO. } fi 1 T 1 5E1hU FIFIDNE EW7 GIUINTEIP-TO LIT' OF MUN - A. F. Wo. 6102ND[o3l t~ 1~. T.L PEW17 4 USWENT LEMON ~ N.Z.S. T 7 T~ -r QQVING IWATER MAIN SEWER COUNTY , A Y MYDnANT 5 tel. L: IhG • HOUSE N PASER 3 LC'" NO.