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HomeMy WebLinkAbout20250731000744 Construction Agreement Instrument Number: 20250731000744 Document:AG Rec: $304.50 Page-1 of 2 Record Date:7/31/2025 2:32 PM Electronically Recorded King County,WA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 25 West Main,Auburn,WA 98001-4998 CONSTRUCTION AGREEMENT Reference#(if applicable): FAC22-0004 Grantor: Richard Coates(Property Owner) Grantee: City of Auburn a municipal corporation of the State of Washington(City) Legal Description/STR: WEST AUBURN FIVE-ACRE TRS N 70 FT OF E 140 FT Assessor's Tax Parcel ID#: 926280-0324 Property Address: 32811 56th Ave S 98001 WHEREAS, City has authorized the improvement of the previously unopened existing right-of-way of South 328th Street from 56th Avenue South to 51st Avenue South (Roadway Improvements); and WHEREAS, the Property Owner owns a garage that has a vehicle door facing the north boundary of the property situated along the Roadway Improvements; and WHEREAS, during City permitting and design review of the developer project associated with the Roadway Improvements, it became apparent that the Property Owner's garage does not conform to current setback requirements of 20 feet minimum separation between the garage and the right-of-way; and WHEREAS, the non-conforming condition of the garage makes it impossible to build the Roadway Improvements with a driveway connection to the garage with the geometrics required in City Engineering Design Standards; and WHEREAS,prior to City approval of the Roadway Improvement permits and design plans, the Property Owner received, but did not respond to, or act upon, multiple notices from the City and the developer designing the Project Improvements that attempted to establish communications with the Property Owner to discuss, coordinate, and plan a conforming driveway access from the Roadway Improvements; and WHEREAS, during construction of the Roadway Improvements, the Property Owner has expressed a desire for the contractor constructing the Roadway Improvements to construct a driveway connection between the Roadway Improvements and the garage (Non-Conforming Driveway); and Construction Agreement ENG-137,Revised 8/19 Tax Parcel No. 926280-0324 Page 1 of 2 Instrument Number: 20250731000744 Document:AG Rec: $304.50 Page-2 of 2 Record Date:7/31/2025 2:32 PM King County,WA WHEREAS, the Property Owner understands and accepts the Non-Conforming Driveway will have a steep slope between the Roadway Improvements and the garage door which will likely prohibit or impede vehicle access from the Roadway Improvements to the garage and will cause stormwater from the driveway to flow towards the garage; and WHEREAS, the City does not object to the Property Owner arranging construction of the Non-Conforming Driveway by the developer building the Roadway Improvements conditioned upon the Property Owner's acceptance of this agreement and with the Property Owner assuming responsibility for, and bearing all liability for, the risks to the Property Owner associated with the Non-Conforming Driveway, including, but not limited to damage to the property caused by stormwater, damage to vehicles, and injury or harm that may be caused by it. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1: The Parties agree the recitals set forth above are incorporated into this Agreement SECTION 2: The Property Owner will defend, indemnify, and hold the City, its elected and appointed officials, employees, and agents harmless from any actions, causes of action, liabilities, claims, suits, judgments, liens, awards,demands, and damages of any kind including,property damage,personal injury, or death arising out of or in connection with construction of the Non-Conforming Driveway, the Roadway Improvements, or any other terms and conditions set forth in this Agreement. Dated this day o'() , ( GRAN R ( GRANTEE CITY OF AUBURN, a municipal corporation of the State of Washington By: JacoWSweeting, P.E. Assistant Director of Engineering Services/City Engineer Public Works Department Construction Agreement ENG-I37,Revised 8/19 Tax Parcel No. 926280-0324 Page 2 of 2