HomeMy WebLinkAbout20070619000360 DRAINAGE EASEMENT AND STORM DRAINAGE AND TRAFFIC MITIGATION AGREEMENT 1024065,v 3 ~ , y z Q-,( (,-C ; ;
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for
information.
DRAINAGE EASEMENT AND STORM DRAINAGE AND
TRAFFIC MITIGATION AGREEMENT
FAC06-0006 / FAC06-0031
Reference # (if applicable):
N/A
Grantor/Borrower:
Auburn Park 44 PG, LLC
Grantee/Assignee/Beneficiary:
City of Auburn
Legal Description/STR:
A portion of 36-22N-4E
Assessor's Tax Parcel ID#:
936000-0035
Said document(s) were fdad for
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File: 1088A
REF. H:ADevelopment\Forms\Legal Documents\2006
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Martin R. Boersma
Panattoni Law Firm
8413 Jackson Road, Suite C
Sacramento, CA 95826
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DRAINAGE EASEMENT AND STORM DRAINAGE AND TRAFFIC
MITIGATION AGREEMENT
THIS DRAINAGE EASEMENT AND STORM DRAINAGE AND TRAFFIC
MITIGATION AGREEMENT (this "Agreement°) is made as of 19c tFk: f{`
2006, between AUBURN PARK 44 PG, LLC, a Washington limited liability
company ("Panattoni"), and the City of Auburn, a Washington municipal
corporation ("City"), (collectively, the "Parties").
FACTUAL CONTEXT
A. Panattoni is the owner of the real property ("Panattoni Property") legally
described in Exhibit A-1, and depicted in Exhibit A-2, which are attached to,
and by this reference made a part of, this Agreement.
B. Panattoni has applied to the City for permits and approvals to construct
certain improvements on the Panattoni Property (the "Project").
C. As a condition of its approval of the Project, the City has required Panattoni
to construct half street improvements on 44th Street N.W.
D. Panattoni has agreed to construct certain other street improvements on
Street N.W. as described in the attached Exhibit C, attached hereto and
incorporated by reference, in exchange for certain transportation impact fee
credits as stated herein.
E. Panattoni has also agreed to replace an existing bridge culvert on 44th
Street N.W. as described in the attached Exhibit D, attached hereto and
incorporated by reference, in exchange for certain storm drainage system
development credits as stated herein.
F. As an alternative to dedicating to the City a stormwater facility for the runoff
from those portion of I Street N.W. and 44th Street N.W. described above,
Panattoni agrees to provide treatment and detention of that stormwater in a
stormwater quality treatment and detention pond (the "Stormwater Pond") currently
under construction on the Panattoni Property, as depicted in Exhibit A-2.
400016792.DOC; 1 / 04177 / ESMT)
G. Panattoni and City wish to set forth their agreements regarding the
Stormwater Easement, traffic improvements and mitigation credits, and related
matters.
NOW, THEREFORE, in consideration of the foregoing and of the mutual
agreement of the Parties to the terms and conditions hereinafter contained,
Panattoni and City agree as follows:
1. Stormwater Easement.
1.1. Grant of Easement.
Panattoni conveys to City the nonexclusive easement (the "Stormwater
Easement") across the Panattoni Property, Exhibits A-1 and A-2, to
convey surface water naturally deposited on the above-described portions
of I Street N.W. and 44th Street N.W. by means of stormwater pipes from
said streets to the Stormwater Pond, as depicted in Exhibit B.
1.2. Stormwater Pond.
1.2.1. Panattoni will maintain the Stormwater Pond in compliance
with City of Auburn Design and Construction Standards and this
Agreement to meet the requirements of the City's storm drainage
manual for detention and water quality treatment.
1.2.2. If the Stormwater Pond, or stormwater drainage pipes, as
per approved construction plans is found to be in nonconformance
with such plans, Panattoni shall be required to correct all such
nonconformances as directed by the City. If, after proper notice,
Panattoni does not comply with set requirements as directed by the
City, then the City shall have the authority to correct such
nonconformances and bill Panattoni, or Panattoni's successor-in-
interest, for all reasonable costs. Any delinquent payments shall
constitute a lien as fixed by ACC 13.06.300.
1.3. Maintenance of Stormwater Facilities.
City will maintain the portion of the stormwater pipes located in the Right-
of-way. Panattoni will maintain the Stormwater Pond, and the portion
("Panattoni Portion") of the stormwater pipes located in the Stormwater
Easement from the last structure with in City Right-of-way to the
Stormwater Pond, as depicted in Exhibit B.
1.4. City Access and Right to Maintain.
City shall have a right of ingress and egress to access the Stormwater
Pond and the Panattoni Portion of the stormwater pipes, as described in
Exhibit A-1, and depicted in Exhibit A-2. If Panattoni does not perform
the required maintenance to the Stormwater Pond, or the Panattoni
Portion of the stormwater pipes, Panattoni shall be required to correct all
such nonconformances as directed by the City. If, after proper notice,
(000 ] 6792.DOC; 1 / 04177 / ESMT I
Panattoni does not comply with set requirements as directed by the City,
then the City shall have the authority to correct such nonconformances
and bill Panattoni, or Panattoni's successor-in-interest, for all reasonable
costs. Any delinquent payments shall constitute a lien as fixed by ACC
13.06.300.
2. Cost Reimbursement.
2.1. Reimbursement.
In consideration of Panattoni's choice to provide water quality treatment
and detention of I Street N.W. and 44th Street N.W. drainage in Panattoni's
Stormwater Pond rather than in a separate City facility, Panattoni agrees
to pay all costs associated with construction and maintenance of the
Stormwater Pond.
3. Pollution.
3.1. Clean-Up.
In the event of a spill of Hazardous Substances from I Street N.W. or 44th
Street N.W. onto the Panattoni Property, City will undertake immediate
response as required by law, including, but not limited to, reporting to
appropriate agencies, and will notify the owners of any portion of the
Panattoni Property at the addresses provided to the City as soon as
reasonably possible, and pursue enforcement of all required remediation
and cleanup efforts until they are completed and the cleanup and/or
remediation has been approved by appropriate governmental agencies.
In any event, City shall not be responsible for any Hazardous Substances
on the Panattoni Property which did not originate in or on I Street N.W. or
44th Street N.W. This agreement does not remove the City's ability to
seek restitution from any person(s) or business responsible for a spill in
the City's Right-of-Way.
3.2. Hazardous Substances Defined.
As used herein, the term "Hazardous Substances" means any hazardous,
toxic, chemical, or dangerous substance, pollutant, contaminant, waste or
material, including petroleum, which is regulated under any federal, state,
or local statute, ordinance, rule, regulation, or common law relating to
chemical management, environmental protection, contamination, or
cleanup including, without limitation, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 as amended, the
Resource Conservation and Recover Act as amended.
100016792.DOC; I / 04177 / ESMT
4. 1 Street N.W. Improvements.
4.1. Improvements.
Panattoni will construct the I Street N.W. improvements shown in the
attached Exhibit C in compliance with City of Auburn Design and
Construction Standards.
4.2. Maintenance of Street Improvements.
City will own and maintain the I Street N.W. improvements once
completed and accepted by the City.
5. 1 Street N.W. Transportation Impact Fee Credits.
5.1. 1 Street Credits.
In consideration of Panattoni's agreement to construct the I Street N.W.
improvements, City shall grant Panattoni transportation impact fee credits
of $180,139 for the right-of-way dedication along I Street N.W., as
described in the attached Exhibit E, plus $371,124 for the improvements,
for a total of $551,263 of credits. The underlying justification for the Traffic
Impact Fee Credits is shown in the attached Exhibit F.
6. 44th Street N.W. Improvements.
6.1. Improvements.
Panattoni will construct the 44th Street N.W. bridge culvert and pavement
restoration beyond the half street improvements required for the
development shown in the attached Exhibit D, in compliance with City of
Auburn Design and Construction Standards.
6.2. Maintenance of Bridge Culvert.
City will maintain the bridge culvert once completed and accepted by the
City.
100016792.DOC; 1 / 04177 / ESMTI
7. 44th Street Storm Drainage Svstem Development Credits.
7.1. Credits. In consideration of Panattoni's agreement to construct the
44th Street N.W. drainage system improvements, City shall grant
Panattoni storm drainage system development credits of $108,598 for the
bridge culvert improvements. The underlying justification for the Storm
Drainage System Development Credits is shown in the attached Exhibit
F.
8. Mediation, Costs, and Applicable Law.
8.1. The Parties shall make good faith efforts to resolve by informal
discussion any dispute arising under or in connection with this Agreement.
If at any time either Party to this Agreement determines that such informal
discussions will not result in a resolution of the dispute, such Party may
request formal discussion by both Parties. If formal discussion by the
Parties does not resolve the dispute, the Parties may agree to hold a
settlement conference within thirty (30) days of the unsuccessful
resolution meeting. The settlement conference will be held at the Seattle
office of Judicial Arbitration and Mediation Services, Inc. ("JAMS"). The
complaining Party must contact JAMS to schedule the conference. The
Parties may agree on a retired judge from the JAMS panel. If they are
unable to agree, JAMS will provide a list of three available judges and
each Party may strike one. The remaining judge will serve as the
mediator at the settlement conference.
8.2. In the event of litigation or other legal action to enforce any rights,
responsibilities or obligations under this Agreement, the prevailing parties
shall be entitled to receive its reasonable costs and attorney's fees.
8.3. This Agreement and the rights of the parties hereunder shall be
governed by and interpreted in accordance with the laws of the State of
Washington and venue for any action hereunder shall be in King County,
Washington.
9. Covenant Running With Land.
This Agreement shall be a covenant running with the land and shall be
binding in perpetuity on any record owner of the Panattoni Property and
the portion of I Street N.W. and 44th Street N.W. draining to the
Stormwater Pond and shall benefit any record owner of the portion of I
Street N.W. and 44th Street N.W. draining to the Stormwater Pond until
such time as this Agreement is vacated or replaced by mutual agreement
of the parties.
10. Counterparts.
This Agreement may be executed in multiple counterparts, each of which
shall be deemed to be an original, but all of which, together, shall
100016792.DOC; 1/ 04177 / BSMT)
constitute one and the same instrument. This Agreement may be
executed by facsimile.
10001 67 92.DOC; I / 04177 / ESMTI
11. Successors and Assigns.
This Agreement is binding upon, and inures to the benefit of, City and
Panattoni and their respective successors, heirs, administrators and
assigns.
There are no further terms. The parties execute this Agreement as of
C>cFcl 4`-f 2006.
AUBURN PARK 44 PG, LLC
(a Washinton limited liability company)
by BRYNESTAD FAMILY LLC,
a Washington limited liability
company, Managing Me ber
by
Bart Brynestad,
Managing Member
Form Approved:
Exhibits:
CITY OF AUBURN
(a Washington municipal corporation)
Its
Public Wo s Director
by
A-1 Legal Description of Panattoni Property
A-2 Map of Panattoni Property
B Stormwater Easement
C I Street N.W. Improvements
D 44th Street N.W. Bridge Culvert Improvements
E Legal Description of I Street Right-of-Way Dedication
F Justification of Traffic Impact Fee Credits and Storm Drainage System
Development Credits
f 00016792.DOC; 1 /04177 / ESMT r
EXHIBIT A-1
LEGAL DESCRIPTION OF PANATTONI PROPERTY
Lot A, City of Auburn Lot Line Adjustment Number LLA-05-0007, recorded
under recording number 20051117000306, Official Records of King County,
Washington.
100016792.DOC; 1 / 04177 / ESMTJ
EXHIBIT A-2
MAP OF PANATTONI PROPERTY
10001 6792.DOC; I / 04177 / ESMT }
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EXHIBIT C
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(00016792.DOC; 1 / 04177 / ESMTI
EXHIBIT E
LEGAL DESCRIPTION OF I STREET RIGHT-OF-WAY DEDICATION
(00016792.DOC; 1 / 04177 / ESMT)
LEGAL DESCRIPTION
RIGHT-OF-WAY DEDICATION
A street Right-of-Way as a part of Lot A of the City of Auburn Washington Lot Line Adjustment
No. 05-0007 recorded under King County Auditor's File No. 20051117000306, in the Southwest
Quarter of Section 36, Township 22 North, Range 4 East of the Willamette Meridian, more
particularly described as:
COMMENCING at a brass monument which marks the Southwest corner of said Section 36;
THENCE South 89 Degrees 14 Minutes 22 Seconds East, along the South line of said Southwest
Quarter, a distance of 2149.04 feet to the TRUE POINT OF BEGINNING of this description;
THENCE North 00 Degrees 36 Minutes 55 Seconds East, along the West line of said Lot A, a
distance of 1002.94 feet to the Southerly margin of 44th Street N.W.;
THENCE South 89 Degrees 14 Minutes 04 Seconds East, along said margin, a distance of
82.58 feet;
THENCE South 49 Degrees 36 Minutes 18 Seconds West, a distance of 44.04 feet;
THENCE South 04 Degrees 38 Minutes 55 Seconds West, a distance of 57.00 feet;
THENCE South 11 Degrees 54 Minutes 59 Seconds West, a distance of 78.84 feet;
THENCE South 03 Degrees 41 Minutes 42 Seconds West, a distance of 44.54 feet;
THENCE South 00 Degrees 36 Minutes 55 Seconds West, a distance of 795.25 feet to the South
line of the Southwest Quarter of said Section 36;
THENCE North 89 Degrees 14 Minutes 22 Seconds West, along said South line, a distance of
27.50 feet to the TRUE POINT OF BEGINNING and the terminus of this description.
Containing 30,655 Square Feet or 0.70 Acres. (more or less)
Situate in the City of Auburn, County of King, State of Washington.
Project Name: Auburn Park 44
September 28, 2006
Page 1 of 1
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EXHIBIT F
JUSTIFICATION OF TRAFFIC IMPACT FEE CREDITS
AND
STORM DRAINAGE SYSTEM DEVELOPMENT CREDITS
(00016792.DOC; 1 / 04177 / ESMT(
Exhibit F
Cost Breakout
Description
Quantity
Cost/LF
Total
1
Demo
120
$150
$18,000
2
Excavation
120
$80
$9,600
3
Dewatering Well points
120
$198
$23,760
4
Pipe Bedding
120
$12
$1,440
5
Culvert Piping
120
$141
$16,956
6
BackfilVFG Prep
120
$25
$3,000
7
Traffic Control
120
$63
$7,560
8
Outfall Connection
120
$23
$2,760
9
Rip-Rap
120
$30
$3,600
10
Fine Grading
120
$21
$2,520
11
Taxes, OH&P
120
$162
$19,402
$108,698
Description
Quantity
Cost/LF
Total
1
Demo
170
$59
$10,030
2
Light Pole Relocation
170
$15
$2,499
3
Street Signage
1030
$2
$2,060
- 4
Storm Drainage
1030
$31
$32,249
5
Sub-Base and Paving
1030
$157
$162,184
6
Curb, Gutter, Drive Pans
1030
$10
$10,413
7
Ecology Block Wall
1030
$38
$38,934
8
Erosion Control Blankets
1030
$2
$2,060
9
Extruded Curb
1030
$3
$3,090
10
Light Pole
1030
$50
$50,995
11
Taxes, OH&P
1030
$55
$56,609
$371,124
I-Street Land Valuation
Land Square Footage 30,668 SF
Price PSF $5.87
Total $180,139