HomeMy WebLinkAboutItem VIII-B-1WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subiect Date:
Resolution No. 3659 December 9, 2003
Department: Attachments: Budget Impact:
Public Works Resolution No. 3659 and Agreement
Administrative Recommendation:
City Council adopt Resolution No. 3659.
Background Summary:
Resolution No. 3659 authorizes the Mayor to execute a Stormwater Drainage Agreement with CamWest
Development, Inc. (CamWest) to allow construction of a temporary detention/water quality pond and
permanent regional stormwater outfall located on the City of Auburn Storm Drainage Utility property
known as the Christa Ministries property. CamWest will design and construct, at their expense, the
temporary detention/water quality pond to serve its proposed Riverpointe development. This facility will
be located generally along the southern boundary of the City property and will utilize approximately 3.14
acres of the City parcel. CamWest will also design and construct, at their expense, the regional
stormwater outfall to the Green River consistent with the City of Auburn 2002 Comprehensive Drainage
Plan. In consideration for allowing use of Christa Ministries property, CamWest has agreed to
compensate the Storm Drainage Utility $75,000.
W1215-1
A3.16.9
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
[] Arts Commission COUNCIL COMMITTEES: [] Building [] M&O
[] Airport [] Finance [] Cemetery [] Mayor
[] Hearing Examiner [] Municipal Serv. [] Finance [] Parks
[] Human Services [] Planning & CD [] Fire [] Planning
[] Park Board []Public Works [] Human Resources [] Police
[] Planning Comm. [] Other [] Legal [] Public Works
Action:
Committee Approval: []Yes []No
Council Approval: []Yes []No Call for Public Hearing / /__
Referred to Until / /
Tabled Until / /
Councilmember: Wagner Staff: Dowdy
Meeting Date: December 15, 2003 Item Number: VIII.B.1
AUBURN * THAN YOU IMAGINED
RESOLUTION NO. 3 6 5 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A STORMWATER DRAINAGE
AGREEMENT BETVVEEN THE CITY OF AUBURN AND
CAMWEST DEVELOPMENT INC, FOR CONSTRUCTION OF
STORMWATER FACILITIES
WHEREAS, The City of Auburn desires to construct a regional storm
detention/water quality facility and regional stormwater outfall on City property
commonly referred to as the "Christa Ministries" (hereinafter referred to as "City
Property") at some unknown point in the future to serve the subbasin; and
WHEREAS, CamWest Development Inc. (hereinafter referred to as "CamWest")
received Planned Unit Development (PUD), Preliminary Plat and Shorelines Permit
approval on May 6, 2002, for its development property "Riverpointe" under City
applications numbers PUD00-0001, PLT01-0005 and SHR00-0004; and
WHEREAS, CamWest proposes to design, permit and construct at its sole
expense on City Property a temporary detention/water quality pond to serve
"Riverpointe," and the regional stormwater outfall sized to meet planned future City
capacity requirements consistent with the City of Auburn 2002 Comprehensive
Drainage Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute a Stormwater Drainage
Agreement with CAMWEST DEVELOPMENT INC. to allow construction of a temporary
Resolution No. 3659
November 26, 2003
Page 1
detention/water quality pond and permanent regional stormwater outfall facility located
on City Property property to service RIVERPOINTE, in substantial conformity with the
agreement attached hereto, marked as Exhibit "1" and incorporated herein by this
reference.
Section 2. That the Mayor is authorized to implement such other administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this __ day of ,2003.
CITY OFAUBURN
ATTEST:
PETER B. LEWIS
MAYOR
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Held,
City Attorney
Resolution No. 3659
November 26, 2003
Page 2
Exhibit "1"
STORMWATER DRAINAGE AGREEMENT
THIS AGREEMENT is entered in this day of ,2003, by and
between THE CITY OF AUBURN, a Washington municipal corporation ("City"), and
CAMWEST DEVELOPMENT INC. a Washington corporation ("CamWest"). CamWest is
constructing a temporary detention/water quality pond and regional stormwater ouffall facility
("Project"), located on City owned property commonly referred to as the "Chrism Minislries"
property ("City Property") in conjunction with development of CamWest's Property
("Riverpointe").
RECITALS
A. Whereas; The City is planning to construct a regional storm detention/water quality facility
and regional stormwater outfall on City property (as described on Exhibit A) at some
unknown point in the furore, and
B. Whereas; CamWest received Planned Unit Development (PUD), Preliminary Plat and
Shorelines Permit approval on May 6, 2002 for its property Riverpointe as described on
Exhibit B under City applications nos. PUD00-0001, PLT01-0005 and SHR00-0004
respectively, and
C. Whereas; CamWest proposes to design, permit and construct at its sole expense a temporary
detention/water quality pond to serve Riverpointe, and a regional stormwater outfall
consistent with the City of Auburn 2002 Comprehensive Drainage Plan, sized to meet
planned future City capacity requirements, on City Property. Refer to Exhibit C for the full
project description and Exhibit D for locations, and
D. Whereas; The parties recognize this proposal to construct the temporary detention/water
quality pond and regional stormwater outfall may require other jurisdictional agency
approvals including, but not limited to the following; K/ng County Water and Land
Resource, Washington State Department of Fish & Wildlife, Washington State Department
of Ecology and the U.S. Army CORPS of Engineers.
Exhibit 1
Resolution No. 3659
Page I of 5
Now therefore the parties agree as follows:
AGREEMENT
CamWest shall design and construct the storm drainage improvements as described in
Exhibit C that will convey stormwater drainage from the Riverpointe development into a
temporary detention/water quality pond and then discharge though a regional stormwater
ouffall to the Green River. The temporary detention/water quality pond, located generally
along the southern boundary of the City Property, is approximately 3.14 acres in size. The
regional stormwater ouffall will discharge at a point, located on the City Property, as
determined and approved by the City and other permitting agencies.
CamWest shall design and construct the temporary detention/water quality pond, and the
regional stormwater outfall consistent with the City of Auburn 2002 Comprehensive
Drainage Plan as well as any additional improvements required to convey the Riverpointe
drainage as described in section 1 above and as shown on Exhibit D attached hereto and
incorporated herein by this reference.
CamWest shall design, permit and construct (including any mitigation and/or mitigation
costs) at its sole expense a regional stormwater outfall consistent with the City of Auburn
2002 Comprehensive Drainage Plan, sized to meet planned future City capacity
requirements, on City Property.
4. Upon execution of this agreement and obtaining construction permits for Riverpointe and
said storm drainage facilities on the City Property, CamWest shall pay to the City
$75,000.00, the mount mutually agreed upon in consideration for allowing CamWest to
locate its temporary detention/water quality pond on the City Property. Said money is to be
deposited in City of Auburn Storm Account No. 432.396.104.
5. The City, upon execution of this Agreement, shall be named as the applicant on all required
permit applications related to the construction of the regional stormwater outfall.
The City shall not require any further construction of other stormwater improvements for
Riverpointe beyond the typical facilities associated with this type of project required to
collect and convey on-site drainage to the regional stormwater outfall.
7. CamWest shall pay the City all normal development fees for Riverpointe, including Storm
Drainage Utility System Development Charges (SDC's).
CamWest agrees to hold the City harmless for any development delays that may arise out of
permitting of the storm drainage facilities. If development delays occur, CamWest may elect
to proceed with on-site drainage facilities consistent with the PUD, Preliminary Plat and
Shorelines Permit approval for the property described on Exhibit B.
9. CamWest must export off-site and dispose of in an approved manner all excavated material
resulting from construction of the temporary detention/water quality pond.
Exhibit 1
Resolution No. 3659
Page 2 of 5
10. CamWest shall have full maintenance responsibility for the temporary detentioru'water
quality pond for a period of one year following occupancy permit issuance for all lots at
Riverpointe. The City of Auburn shall assume ownership and maintenance responsibility for
the regional stormwater outfall upon completion and City acceptance of said facility.
This agreement shall run with the land and shall be binding upon and inure to the benefit of
the successors and assigns of the parties hereto.
11. Any amendment to this Agreement shall be in writing and signed by all of the parties.
12. In the event of any dispute regarding the terms of this Agreement, the prevailing party shall
be entitled to receive from the other party payment for all attorneys fees and costs incurred in
any litigation or alternative dispute resolution proceeding brought to resolve the dispute both
at trial and on appeal.
13. This agreement shall be govemed by and constructed in accordance with the laws of the State
of Washington.
14. If any provision of this Agreement is held to be unenforceable under applicable law, the
remaining provisions shall remain in full fome and effect to the greatest extent allowed under
the law.
Exhibit 1
Resolution No. 3659
Page 3 of 5
IN WITNESS WHEREOF the parties have executed this Agreement on the first set forth above.
Agreed this day of 2003.
CITY OF AUBURN,
a Washington municipal corporation
By
Peter B. Lewis
Its
Mayor
ATTEST:
Danielle Daskam
Auburn City Clerk
APPRO~
Daniel(l~. Heid ~ ~
Auburn City Attorney
CAMWEST DEVELOPMENT, INC.,
a Washington Corporation
By
Its
Eric Campbell
President
Exhibit 1
Resolution No. 3659
Page 4 of 5
STATE OF WASHINGTON )
COUNTY OF KING )
I certify that I know of have satisfactory evidence that Peter B. Lewis is the person who
appeared before me, and said person acknowledged that said person signed this instrument, on
oath stated that said person 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 the instrument.
Dated this day of ~ 2003
(Signature of Notary)
(Legally Print or Stamp Name of Notary)
Notary Public in and for the State of
Washington, residing at
My appointment expires
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
I certify that I know of have satisfactory evidence that Eric Campbell is the person who
appeared before me, and said person acknowledged that said person signed this instrument, on
oath stated that said person was authorized to execute the instrument, and acknowledged it as the
Mayor of the City of Auburn to be the f~ee and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated this day of ,2003
(Signature of Notary)
(Legally Print or Stamp Name of Notary)
Notary Public in and for the State of
Washington, residing at
Exhibit 1
Resolution No. 3659
Page 5 of 5
My appointment expires
Exhibit A
CITY OF ALrBURN PROPERY - "CRRISTA MINTREES"
Legal Description
Lot D, Auburn Short Plat #20-80, as recorded under Survey Number 8101079005, and corrected
by affidavit under Recording Number 8104280802, being a portion of Harvey H. Jones Donation
Claim in Section 6, Township 21 North, Range 5 East, W.M., in King County, Washington;
TOGETHER WITH an easement for ingress and egress as provided in instrument recorded under
Recording Number 8402020439 and clarified by instrument recorded under Recording Number
9007311728.
Exhibit A
Stormwater Drainage Agreement-Camwest
Page 1 of I
Exhibit B
CAM%VEST PROPERTY - "RIVERPOINTE"
Legal Description
That portion of the North 378.84 feet of the South 906.84 feet of the H.H Jones Donation Land
Claim No. 39 in Section 6, Township 21 North, Range 5 East, Willamette Meridian, in King
County Washington, lying West of the left bank of the Green River; except the West 2,239.00
feet thereof; and except any portion thereof lying within the John Reddington Road No. 2;
Together with the easement for ingress, egress and utilities over and across a strip of land, I0
feet in width, lying North of a line described as follows:
Beginning at the Southwest comer of said parcel; Thence running West 686 West, more or less,
to the East line of State Highway No. 5 (Auburn Way North).
Exhibit B
Stormwater Drainage Agreement-Camwest
Page 1 of I
Exhibit C
PROJECT IMPROVEMENTS DESCRIPTION
The Project Site Plan is incorporated into the Agreement, and is attached as Exhibit D. The
Project Site Plan is conceptual at this point and is subject to change during the final engineering
design, plan review and approval process. Below is a brief description of the Project.
Temporary Detention/Water Quality Pond: This facility shall be constructed to
serve CamWest's project, Riverpointe, on a temporary basis until such time when the
City constructs a regional storm detention/water quality facility on its property. At
this time the City may elect to keep this facility or abandon it if aa alternate is
constructed that can serve the Riverpointe project.
Regional Stormwater Outfall: This facility, to be designed and constructed
consistent with the City of Auburn 2002 Comprehensive Drainage Plan, will convey
drainage associated with the Riverpointe PUD project once constructed from the
temporary detention/water quality pond to the Green River. CamWest shall construct
said facility in accordance with City design standards and capacity requirements.
Access Roads & Miscellaneous Easements: It may be necessary to provide
additional temporary construction access roads and other miscellaneous easements on
the City property to provide access to both the temporary detention/water quality
facility and regional stormwater ouffall. These requirements and/or locations may not
be finally determined until some point during the engineering plan and approval
process. At least one (1) permanent access road is required from Riverpointe to the
City property and shall be finally determined during engineering review. Appropriate
visual barriers shall be established contiguous with abutting lots or within sight lines.
These improvements shall meet City design standards and requirements.
Regulations~ Policies & Design standards: The temporary detention/water quality
pond project located on the City property designated with Public Use Zoning. All
City regulations, standards, ordinances policies (including Comprehensive Plan) and
Code provisions governing land development in effect as of the date of the
Agreement shall govern the Project.
The temporary detention/water quality pond and regional stormwater m~tfall shall be
designed and constructed in accordance with City of Auburn design standards and
requirements. Upon City approval of the Storm Drainage Agreement, CamWest will
pursue construction approval in close concurrence with construction approval for its
project Riverpointe. Additionally, it is acknowledged by both parties that outside
agency approval will be required which has its own approval timelines. CamWest
intends to pursue all required approvals immediately upon approval of the Storm
Drainage Agreement.
Exhibit C
Stormwater Drainage Agreement-Camwest
Page I of 2
Pond Aesthetics and Screening: During the environmental and engineering review
process for the approval of the temporary detention/water quality pond, CamWest
shall submit a screening & landscaping plan for thc temporary detention/water quality
pond located on City Property, and all temporary and permanent access roads.
Screening and landscaping measures shall include but not be limited to fencing,
ground cover, shrubs, and trees and will be subject to City review and approval.
Exhibit C
Stormwater Drainage Agreement-Camwest
Page 2 of 2
Exhibit D
PROJECT SITE PLAN
Exhibit D
Stormwater Drainage Agreement-Camwest
Page 1 of I