Loading...
HomeMy WebLinkAboutITEM VIII-A-1AUBURN WASH WGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Ordinance No. 6090, approving the Final Plat of North Tapps Estates, April 10, 2007 A lication No. PLT07-0001. Department: Planning, Attachments: Ordinance No. 6090, Certificate Budget Impact: None Building, and Community of Improvements, Final Plat drawing, Ordinance No. 5578, BPA Land Use Agreement, Preliminary Plat approval, and Statutor Warrant Deed. Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6090 accepting the Final Plat of North Tapps Estates and authorizin the execution of the BPA Land Use A reement. Background Summary: North Tapps, LLC, represented by Matt Sweeney, Prium Development, has applied for Final Plat approval of "North Tapps Estates." North Tapps Estates is a subdivision of an 84.33 acre site into 193 lots, several open space tracts, park tracts, three access tracts, and eight utility tracts. Of the eight utility tracts, one tract is occupied by a sanitary sewer lift station (Tract G). The property straddles Lake Tapps Parkway, east of the Lakeland Hills South Planned Unit Development. The project is designed to be constructed with single family residential homes. The preliminary plat was originally applied for and approved by Pierce County, prior to the properties' annexation into the City of Auburn. The preliminary plat was approved by the Pierce County Hearing Examiner, November 14, 2003. The property was annexed into the City of Auburn in August of 2005. Although the preliminary plat was processed through Pierce County, the City was able to affect certain standards through an annexation/utility agreement for sewer service issued for the plat. (The City of Auburn provides sanitary sewer to the plat; water is provided by the City of Bonney Lake). A Certificate of Improvements has been issued by the City Engineer, indicating a security in lieu of completion has been provided for the outstanding improvements required for the plat. The financial guarantee posted by the applicant for the remaining site work (such as paving, fencing, and gates), minor storm system improvements, lighting, sidewalks, signage, landscaping, and the final lift of asphalt on internal roads. L0416-1 03.5 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 ®Legal ^ Police ^ Planning Comm. ^ Other ®Public Works ^ Human Resources Action: Committee Approval: ^Yes ^No Council Approval: ^Yes ^No Call for Public Hearing _!_/_ Referred to Until _!_/_ Tabled Until _/_!_ Councilmember: Norman Staff: Davolio Meeting Date: April 16, 2007 Item Number: VIII.A.2 ~j~$j,jR~j * MORE TI-iAN YOU IMAGINED Ordinance 6090 April 10, 2007 There are two other actions occurring in conjunction with approval of the final plat as follows: 1. To meet park requirements, a Statutory Warranty Deed for the dedication of a 5 acre parcel of land to the north of the subdivision (north of Charlotte Ave SE) to the City of Auburn. This property is intended for future park development. 2. A Land Use Agreement to address the necessary property rights to be conveyed to the City of Auburn for the location of a portion of the proposed storm pond within the existing Bonneville Power Administration's (BPA) easement. This Land Use Agreement identifies the conditions that the City of Auburn agrees to in order to maintain the pond being dedicated by the applicant. Page 2 of 2 ORDINANCE NO. 6090 ~' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF NORTH TAPPS ESTATES AND AUTHORIZING THE EXECUTION OF THE BONNEVILLE POWER ADMINSTRATION LAND USE AGREEMENT WHEREAS, the City of Auburn received a final plat application for the Plat of North Tapps Estates, Application No. PLT07-0001, the final approval of which is appropriate for City Council Action; WHEREAS, the City of Auburn entered into an Annexation and Utility Extension agreement with the property owners on August 16, 2001; WHEREAS, the preliminary plat was approved by the Pierce County Hearing Examiner on November 14, 2003; WHEREAS, the annexation into the City of Auburn became effective August 15, 2005; WHEREAS, based on the review given this Plat by the City, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. North Tapps, LLC, represented by Matt Sweeney, Prium Development, has requested final plat approval of North Tapps Estates and all applicable conditions have been met. 2. The preliminary plat was approved by the Pierce County Hearing Examiner on .November 14, 2003. The plat has been developed in accordance with the Pierce County Zoning Regulations and the City of Auburn design standards for roads, utilities, and parks. 3. A Certificate of Improvements has been issued by the City Engineer, accepting all required plat improvements. ---------------- Ordinance No. 6090 April 10, 2007 Page 1 of 3 4. The applicant is dedicating a 5 acre parcel of land to the City of Auburn for future park development. 5. The City of Auburn will be entering into a Land Use Agreement to address the necessary property rights to be conveyed to the City of Auburn for the location of a portion of the proposed storm pond within the existing Bonneville Power Administration's (BPA) easement. This Land Use Agreement identifies the conditions that the City of Auburn agrees to in order to maintain the pond being dedicated by the applicant. CONCLUSIONS OF LAW 1. The Final Plat is in compliance and in conformity with the requirements outlined in the Annexation and Utility Extension Agreement as adopted by Ordinance No. 5578. 2. The Plat is consistent with the Comprehensive Plan. 3. The Plat meets the requirements of Chapter 58.17 RCW. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Approval. North Tapps Estates, a subdivision involving property located within the City of Auburn, Washington, which plat is legally described on the face of the Final Plat and set forth in Exhibit "A," attached hereto and incorporated herein by reference, is hereby approved, and deemed to conform to the requirements for Plat approval pursuant to State and local law and Chapter 58.17 of the Revised Code of Washington and Section 58.17.140 thereof. The City of Auburn will enter into a land use agreement with the Bonneville Power Administration as stated in Exhibit "B." Section 2. Constitutionality or Invalidity. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and ---------------- Ordinance No. 6090 April 10, 2007 Page 2 of 3 approved and ratified irrespective of the fact that nay one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Section 3. Recordation. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the Pierce County Auditor's Office, Records and Licensing Division. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APP,FZ~(~olEp'AlS-~O FORM: U~"niel B. He'td; City Attorney Published: ---------------- Ordinance No. 6090 April 10, 2007 Page 3 of 3 Exhibit A North Taps Estates Parcel "A" The West half of the Northeast.quarter of the Southeast Quarter and the Northwest quarter of the Southeast Quarter of Section 5, Township 20 North, Range 5 East of the W.M., in Pierce County, Washington; Except the North 30 feet thereof for County Road as set forth in Treasurer's Deed recorded under recording number 1327271. Except that portion conveyed to Pierce County for Lake Tapps Parkway East and Storm Drainage Pond No. 1 by deeds recorded under recording numbers 200501181156 and 200501181157. Except that portion conveyed to the EI Paso Natural Gas Company (now known as the Northwest Pipeline Corporation of Salt Lake City, Utah) under Auditor's No. 2410280. Together with those portions of said natural gas pipeline as excepted above as conveyed to North Tapps Estates, LLC. (whose true name is North Tapps LLC a Washington Limited Liability Company) by Warranty Deed recorded under Auditor's No. 200509190920. Parcel "B" The Southwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5, Township 20 North, Range 5 East of the W.M., in Pierce County, Washington. Except the South 30 feet thereof for County Road as set forth in Treasurer's Deed recorded under recording number 1327271. Except that portion conveyed to Pierce County.for Lake Tapps Parkway East, by deeds recorded under recording numbers 200501181157, 200501181158 and 200501181160. Parcel "C" The Southwest Quarter of the Southwest Quarter of the Southeast Quarter of the Northeast Quarter and; The Southeast Quarter of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter, all in Section 5, Township 20 North, Range 5 East of the W.M., in Pierce County, Washington. Except the South 30 feet for County Road as set forth in Treasurer's Deed recorded under recording number 1290561. Except that portion conveyed to Pierce County for Lake Tapps Parkway East, Sumner-Tapps ~'ittension to 182"d Avenue East under Auditor's file number 200501181159. Exhibit B Department of Energy Bonneville Power Administration 28401 Covington Way SE Kent, WA 98042 January 11, 2007 In reply refer to: TRFN/Covington TRACT No. C-RE-62-A-507 & 508 CASE No. 20060316 LINE: Chehalis-Covington Line Mile 62 and Covington-White River No 1 & 2 City of Auburn Peter B. Lewis, Mayor Ingrid Gaub, Assistant City Engineer 25 W. Main Street Auburn, WA 98001 NON-TRANSFERABLE LAND USE AGREEMENT ADDENDEM NO. 1 this document will be recorded) Bonneville Power Administration (BPA) hereby agrees to your use of BPA's easement area for construction/installation, use, and maintenance of a detention pond. The location of your use is partially within the NW 1/4 OF THE SE 1/4 AND SW 1/4 OF THE SE 1/4 of Section 5 ,Township 20 North, Range 5 East, W.M. Meridian, Pierce County, State of WA, as shown on the attached segment of BPA Drawing No. 147699, marked as Exhibit A. You shall not make any changes or additions to your use of the right-of--way without BPA's review and written approval. Any other uses and utilities on theright-of--way must be applied for separately. Please note that BPA is not the owner of this property. Tf you are not the owner, you must obtain the owner(s) permission to use this properly. There may also be other uses of the property that might be located within the same area as your project. This agreement is subject to those other rights. This agreement is entered into with the express understanding that it is not assignable or transferable to other parties without the prior written consent of BPA. This agreement is a permit, revocable at will by BPA and does not modify, change, or otherwise alter the rights BPA acquired by Deed. The following items are advisory in nature, but should be given due consideration. Nuisance shocks may occur within the right-of--way. Grounding metal objects helps to reduce the level of shock. It is suggested that road building/construction equipment be grounded with a drag chain. Construction installation, use, and maintenance of the detention pond shall be at no cost to BPA. BPA seeks your help maintaining the integrity of the electrical transmission system. Please report any Vandalism or Theft to the BPA Crime Witness program at 1-500-437- 2744. Cash rewards of up to $1,000 will be paid should information lead to the arrest and conviction of persons committing a crime. BPA shall not be liable for damage to your property, facilities, or injury to persons that might occur during maintenance, reconstruction, or future construction of BPA facilities as a result of your facilities being within the right-of--way. Construction of additional transmission lines within the currently unoccupied portion of this right-of-way-may occur. Should your use interfere with the construction, use or maintenance of said line, you will be required to remove or relocate your facility to remove the interference at no expense to BPA. Relocation of your facility within the BPA right of way will be subject to review by BPA and the issuance of a new land use agreement with BPA. You agree to be responsible for and comply with all procedural and substantive environmental requirements imposed by local, state or federal laws or regulations applicable to the facility. You agree to timely notify BPA of any reportable release of hazardous substances or breaches of environmental requirements, and shall mitigate and abate adverse environmental impacts of your actions. You agree to hold BPA harmless for any and all liability arising from the violation of such environmental requirements by you. Violations of such requirements by you shall make this agreement voidable at the election of BPA. BY ACCEPTING THIS LAND USE AGREEMENT YOU ARE AGREEING TO THE i+'OLLOWING CONDITIONS. 1. Permittee to install suitable signage indicating emergency phone numbers for the reporting of observable damage or problems and placed on the surrounding fence in conspicuous areas: 2. Maintain a minimum distance of at least 15 feet between your facilities and the transmission line. 3. No storage of flanunable materials or refueling of vehicles or equipment within the easement area. 2 Case No. 20060316 Tract No. C-RE-62-A-507 & 508 4. Maintain a minimum distance of at least 50 feet between your facilities and the point where the transmission line steel lattice structure enters the earth. If this clearance cannot be met, install guard devices such as barriers, guardrails, or posts, for the protection of BPA's structures. Specifications and installation plans for these protective structures must be submitted to and approved by BPA prior to construction. NOTE: Outside of the 50 foot buffer zone, excavation should be no steeper than 2:1 (horizontal:vertical). 5. Design and build the access roads to withstand HS-20 loading from BPA's heavy vehicles. 6. No interference or obstruction of access to transmission line structures by BPA's maintenance crews will be allowed.. Maintain a minimum distance of at least 50 feet from steel lattice structure with concrete footings/and any associated guy and anchors. 7. Bury and maintain the pipeline to a depth of 36 inches feet to comply with applicable NESC, national, state, and/or local standards. 8. Grade changes to existing ground elevations are not permitted. If grade changes are required, you must submit grading plans to this office for further approval by BPA. These plans should clearly indicate proposed finished elevations as well as existing ground elevations. 9. Install adequate gates in your fence of not less than 16 feet in width for the passage of BPA's maintenance vehicles. The location of the gates are as shown on Exhibit "A" attached. Gate maybe locked provided BPA's lock is also included in the locking mechanism. 10. You agree to assume risk of loss, damage, or injury which may result from your use of the easement area, except for such loss, damage, or injury for which BPA maybe responsible under the provisions of the Federal Tort Claims Act, 62 Stat. 982, as amended. It is understood that any damage to BPA's property caused by or resulting from your use of the easement area may be repaired by BPA, and the actual cost of such repair shall be charged against and be paid by you. 11. Damage to BPA property, resulting from your use, shall be repaired or replaced by BPA at its option. The actual costs of such repair or replacement shall be charged to and paid by you. 12. Modification of your present use requires BPA's written approval prior to implementation. If you have any questions or concerns, please notify us. You may direct any communication to this office, Bonneville Power Administration, Real Estate Field Services (TRFN/Covington) 28401 Covington Way SE, Kent, WA 98042, or by telephoning Peter Dietrichson, at 253-631-9154 or 1-800-282-3713. This Agreement is a permit, revocable at will by the U.S., and does not convey any easement, estate, or interest in the land. A copy of this permit shall be physically located at the project during construction activities. 3 Case No. 20060316 Tract No. C-RE-62-A-507 & 508 Reference to this permit to be included. in the final plat notes and. homeowner association documentation. I agree to the terms of this permit. Peter B. Lewis, Mayor City of Auburn Attested to by City Clerk Approved as to content by City Attorney THIS AGREEMENT IS HEREBY AUTHORIZED Peter Dietrichson Realty Specialist Official File - TR/3 {Case No. 20060316ADD 1 } 4 Case No. 20060316 Tract No. C-RE-62-A-507 & 508 00 a Oy A ~~~Z ~~ Z~ H N O ~ C V ~~ D' Of C N ~,~OI" ~~~n a~ ~~ r~ ~ € -~ ~°' e d 4 1 ~ b.= •In•OZ Q Or ~z ~ ~ ~ v S .A ~ rt K .. • ••.-~.a...~ ~~~~ ~ 3 ;, ..: •.: m• •:•,: ~ .. ,.r ~rirfo+•~ Rb• :~ • ~_ ~2f6i~•GO#. _~ _ .~' • ' • " SE• SW=• j. '•'~ f ~.. . •. ~, ~. ~ ••z .. - _. ~~ • ~, v1Nr~ ~. A ~_ ; ~~ . ~~''~vHRE:KIr •`~p ~~ i •^!:~ -' .v`. r~~A• ':tea-. .'}~. ~ !. . r .'i'~i. *. •~~ • ~ w QY . ~ H f-~., . 6 ~, ~ ,._ . _ ~•• 'D X ~r -- h 3 '.-'-- ..: o. ~ .. i::, ~ ~ ~ ~~~«: = O A ~~; ~~~ ~~l~~._ •~ •. . ~ '-:. _ ~': t ~ :: •o.-- -- -~ ~° `. __.~~.:... .n.A. ~-. _Z~. ~t-I ~ - ~~ _ o: 1 ~ " ._ _ ~ ... r __.... ._-_- _-_-_.-____ _.__- SECURITY IN LIEU OF COMPLETION In lieu of the required public improvements for the Final Plat of tvou~H APPS ESTATES ' an approved security Assignment of ~und~(type of security) for $ 363, o00 . oo (150% of the estimated costs of improvements) has been submitted and approved by the City. Engineer. (3 Assignment of Funds ) ity Engineer Date. 1. The developer has provided references and demonstrated a minimum of 3 years successful, non-defra`tl~ted plat development experience in the Puget Sound region. 2. The bond/security is based on the following casts: -~ PHASE 1 ~¢-PHASE 3 11~a#e r$~ 117 , 9 3 3 .0 0 Sw~er $ 8 4, 7 5 0.0 0 -jf--PHASE 2 PHASE .4 S$ $13 8, 5 6 7. o o ~1=a#~te ~tgt~at $~ 21 , 7 5 0. (~ 0 Street $ (luminaires, curb, gutter, streets, private utilities) ...Refer t;© t~1at Improvements Activity ::Break dotan farms White: Contract Administrator Yellow & Pink: Planning Director Goldenrod: Developer REF. H:IFORMS1FE431 (2104)," Plat Improvements Activity Breakdown Date: n3./~~7 FAC Number: FAC n4-On7 7 Developer Name; Prium Pevelo,pment c~e r r r Location/Name of Project: North Tap.,ps Fst-ate~ F T ~kP Ta17Y14 Parkway;E. Compiete (Cost information should be based on an approved contract at one hundred fifty percent {150% of the estimated cost of this improvement activity) Description of Activity to be completed: Phaf.T~ ~ Plat Improvements • storm system lighting Gi ~Qwa l k~ , ~i ~n~ Su ' . e b3, 4pprov e d by FACILITY EXT N DEVELOPER'S PROPOSED BREAKDOy1fN OF RELEAS FINAL PLAT PROCESSING Page 5 of 9 REF. H:\DEVELOPMENT\HandrniulPlat Securih~ Handout (] 2-03) landscaping, park improvements- 78,622 X 150/ _ $117,933 Complete Cost information should be based on an approved contract at one hundred fifty percent (150%) of the estimated cost of this improvement activity) Description of Activity to be completed: Ph~~ Final lift of asphalt on plat roads _ $92,378 X 150/ _ $138,567 ~ Co replete Cost information should be based on an approved contract at one hundred fifty percent {150%) of the estimated cost of this improvement activity) Description of Activity to be completed: Complete Cost information should be based on an approved contract at one hundred fifty percent (150%) of the estimated cost of this improvement activity) Description of Activity to be completed: Plat Impr ve ents Activity Breakdown Date: 3 ~Z ~~ P h ~~ 4 Ph~~ 3 FAC Num Developer Name: Location/Name of Project: -Q~1Z l . ~..,.~ ~vx~~~d1J~"( ~,r~c Complete (Cost information should be based on an approved contract at one .hundred fifty percent {150%) of the estimated cost of this improvement activity) Description of,Activity to be cpmpletedy ~~ / ~ / , ~ i Complete Cost information should be based on an approved contract at one hundred fifty percent (150%) of the estimated cost of this improvement activity) Description of Activity to be completed: ~ ~ ~-- pis ~ Co~s~s ~' u/. c.~ ~ wcc ~ K l~~-RD'S o1 ~tJ ~- ~ ts~(, ~. s ~ S~o SO oD aX ~~ e ~ ,^~ ~ ~ o O Complete Complete Cost information should be based on an approved contract at one hundred fifty percent (150%) of the estimated cost of this improvement activity} Description of Activity to be completed: Submitted by Approved b~~ FACILITY EXTENSION DEVELOPER'S PROPOSED BREAKDOWN OF RELEASES FOR FINAL PLAT PROCESSING Page 5 of 9 REF. H:\DEVELOPMENT\Handrnrts\Plat Security Handout (12-03) Cost information should be based on an approved contract at one hundred fifty percent (150%) of the estimated cost of this improvement activity) Description of Activity to be completed: ORDINANCE NO. 5 5 7 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REPEALING ORDINANCE N0. 5564 DUE TO AN ERROR IN THE MAILED PUBLIC HEARING NOTICE AND THE POSTED PUBLIC HEARING NOTICE AND CREATING A NEW ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE CITY, A & L LIMITED PARTNERSHIP; ROMART INVESTMENTS, LLC; AND KEN AND DEBORAH OLSON". WHEREAS, the City of Auburn's Hearing Notice contained a #ypographical error that misstated the Planning and Community Development Committee's- public hearing da#e; and WHEREAS, a typographical error necessitated repealing Ordinance No. 5564 and establishing Ordinance 5578 which provides a new Planning and Community Development Committee public hearing date held August 13, 2001; and WHEREAS, A & L LIMITED PARTNERSHIP; ROMART INVESTMENTS, LLC; AND KEN AND .DEBORAH OLSON are the owners of property to be developed at 9th Street East and 182"d Avenue East within the City of Auburn's Potential Annexation Area; and --------------------- Ordinance No. 5578 August 15, 2001 Page 1 WHEREAS, A & L LIMITED PARTNERSHIP; ROMART INVESTMENTS, LLC; AND KEN AND DEBORAH OLSON are applying to Pierce County for a development agreement; and WHEREAS, Application No. WSC01-0005 was submitted to the City of Auburn, Washington, on April 16, 2001, requesting sewer availability certificates; and WHEREAS, City of Auburn Comprehensive Plan Policy CE-3 requires, as a condition of obtaining water and/or sewer service, a legally binding agreement to support annexation to the City at such time as the City deems annexation appropriate, .and requires agreement to comply with appropriate. City development standards and public facility specifications; and WHEREAS, RCW 36.706.170 defines such an agreement as a development agreement; and WHEREAS, RCW 36.706.200 requires approval of development agreements only after a City has held a public hearing; and WHEREAS, the City of Auburn City Council has designated the Planning and Community Development Committee as the appropriate body to hold required public hearings; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of the public hearing, the Planning and --------------------- Ordinance No. 5578. August 15, 2001 Page 2 Community Development Committee at a public meeting held on August 13, 2001, conducted a public hearing on WSC01-0005 application; and WHEREAS, at the hearing the Planning .and Community Development Committee in considering the application heard public testimony and accepted evidence and exhibits regarding the development; and WHEREAS, A & L LIMITED PARTNERSHIP; ROMART INVESTMENTS, LLC; AND KEN AND DEBORAH OLSON, who are the owners of property within the City of Auburn understands and agrees water and sewer services to the property may be limited by issues including the Endangered Species Act (ESA) and actions of other governmental agencies; and WHEREAS, at this time the City does not have an approved sewer comprehensive plan, and WHEREAS, thereafter, the Planning and Community Development Committee, based upon the Findings of Fact contained herein, voted to recommend to the City Council that it approve the Agreement which provides for the issuance of water and/or sewer availability certificates. FINDINGS OF FACT 1. The applicant has submitted a sewer availability request for an approximately 193 lot residential plat in unincorporated Pierce County as well as two lots proposed for commercial development. The property has frontage on 182"d Avenue East and is to be the location for the future Lake Tapps Parkway East (currently undeveloped). The total acreage is approximately 84+ acres. The City of Bonney Lake will provide water service. --------------------- Ordinance No. 5578 August 15, 2001 Page 3 2. The applicant proposes to develop the property in two `phases.' The area hereafter referred to as "Phase I'' consists of the proposed Commercial lot located southeast of the Northwest Pipeline right-of-way at the intersection of 182~d Avenue East and 9t~' Street East. The area hereafter referred to as "Phase II" consists of the remaining commercial parcel, as well as all of the residential parcels. 3. The applicant's proposed project is located both within and outside of the City of Auburn Potential Annexation Area (PAA).. That portion of .the Northwest Pipeline right of way located south of the proposed Lake Tapps Parkway East as shown on the applicant's site plan forms the PAA boundary at this. location. The PAA boundary .resulted from a 1998 settlement agreement with the City of Bonney Lake. If approved, the sewer availability certificate shall only apply to that portion of the proposal within fhe City's PAA. 4. Auburn City Code Section 14.18.070, "Findings of Fact", notes that the development agreement be recommended for signing only if findings of fact are drawn to support the following: "1. The development is consistent with city development standards; and 2. The development is consistent with the city comprehensive plan; and 3. The property cannot be annexed immediately." 5. The following is an analysis of the proposal based on the criteria in finding #3 above: '!. The proposal must be consistent with City development standards. No modifications to City development standards were requested by the applicant. A review of the applicant's proposal indicates that the proposal, if conditioned, can be made consistent with City development standards. These conditions include: Afire hydrant shall be located at a maximum of 300 feet-from any residential lot access; The applicant's site plan proposes multiple access locations to Lake Tapps Parkway. East, several of which are unacceptable to the City. Adequate and safe access along Lake Tapps Parkway is of importance to the City of Auburn. Therefore, access locations along Lake Tapps Parkway will be determined in coordination with Pierce County and the City of Auburn and. shall be subject to Pierce County and City of Auburn approval. --------------------- Ordinance No. 5578 August 15, 2001 Page 4 Interior streets must be public -and will be built to City of Auburn standards; . Park property shall be dedicated and developed in accordance with City of Auburn level of service standards, or the developer shall provide an equivalent value of investment in a recreational improvement, to be negotiated by the Parks and Recreation Director and approved by the Planning and Community Development Committee; . Sewer, when installed, shall be installed according to City standards; and All other applicable city development standards shall be complied with. To the extent that the Lake Tapps Parkway design may alter some elements of the proposal, further revisions to development plans will likely occur. Additional revisions shall be made in accordance with City standards. As it relates to sewer service specifically, sewer service can be made available to the property. Sanitary sewer service to the property is subject to the installation of a regional wastewater pump station together with the associated force main to convey wastewater to Auburn's existing gravity sewer mains. An extension of Auburn's gravity sewer system may be required and the extension of an eight- inch minimum diameter pipe is required through the property to serve the proposed development. Service is subject to connection charges, including payback charges and easements. (See also finding # 6 for related issue). 2. The proposal is consistent with the City Comprehensive Plan. The proposal is generally consistent with the City of Auburn Comprehensive Plan. The Plan designation for the property is "Single Family Residential". The applicant proposes to construct single family residences on much of the.property. However, the applicant-also intends fo develop a portion of fhe property for commercial development. This portion of the property is also designated "Single Family Residential" on fhe Cify of Auburn Comprehensive Plan Map. The applicant indicates that the commercial development proposal on fhis portion of the property is presently being processed under a vesfed Conditional Use Permit application with Pierce County (Pierce County No. CP33-94). Ordinance No. 5578 August 15, 2001 Page 5 Finally, part of fhe proposal is oufside of fhe Cify's PAA. That portion of the request located outside of the PAA should be denied as -the city cannot annex that land pursuant to fhe requirements of the Growth Management Acf. 3. The property can not be annexed immediately. The property abuts an incorporated island of city property that is park land associated with Lakeland Hills, that is not adjacent to the City limits. Otherwise, the subject. property lies approximately one half mile from- the existing City limits. 6. Sewer Service to Commercial Lots. The applicant's proposal indicates that at Phase I of the development, one of the two commercial sites, is to be served by a .temporary (interim) septic system. The City will oppose. the use of an interim septic system at this location due, in part, to the property's location within an Auburn aquifer recharge area. However, should Phase I be developed. using an interim septic system, provision of sanitary sewer to Phase II of the proposal will be conditioned on the abandonment of Phase I's on-site septic system and connection to the City of Auburn sanitary sewer system. 7. The case file and its contents for WSC 01-0005 are incorporated by reference into this staff report. 8. On August 13, 2001, the Planning and Community Development Committee held a public hearing on WSC01-0005. CONCLUSIONS 1. The findings of fact indicate that part of the development proposal, (that portion located within the City of Auburn's PAA) if conditioned, is consistent with Comprehensive Plan Policy CE-3 and with the criteria identified in Auburn City Code Section 14.18.070. 2. No request for modification from City standards was requested by the applicant. 3. Part of the applicant's proposed development is outside of the PAA and granting of a sewer availability request to this area would be inconsistent with the GMA and the purpose statement of the water/sewer availability certificate code (ACC 14.18.002) and should therefore be denied. Ordinance No. 5578 August 15, 2001 Page 6 RECOMMENDED CONDITIONS Based on the testimony at the public hearing and the findings and conclusions of the staff report, the Planning and Community Development Committee recommends WSC01-0005 to the City Council subject to the following conditions: A. For that portion of the proposal within the City of Auburn's Potential Annexation Area, the development agreement shall be APPROVED which will enable the issuance of sewer availability certificate subject to the following conditions: 1. Continued revisions to development plans, as they occur, shall conform to City standards.' 2. Sewer shall be installed to City standards. If Phase 1 is developed prior to the extension of services using an interim on-site septic system, provision of sewer service to the remainder of the .property (Phase 2) will be made only if said interim on-site system is abandoned and the development is connected to the City of Auburn sanitary sewer. 3. Access along Lake Tapps Parkway East shall be determined in coordination with Pierce County and the City of Auburn and subject to Pierce County and City of Auburn approval 4. Interior streets must be public streets and shall be built to City of Auburn standards; 5. Fire hydrants shall be installed to City standards. s. Park land shall be dedicated and developed according to City of Auburn Level of Service standards, or an equivalent value of investment in recreational improvements shall be provided as negotiated by the Auburn Parks and Recreation Director and approved by the Planning and Community Development Committee. 7. All other applicable city development standards shall be complied with. $. Evidence that the Conditional Use Application (CP33-94) is vested with Pierce County shall be provided to the City prior to issuance of the sewer availability certificate. B. For that portion of the development outside of the City's PAA, the request for a sewer availability certificate shall be DENIED. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 5578 August 15, 2001 Page 7 Section 1. Purpose. Repealing Ordinance No. 5564 in which the City of Auburn's Hearing Notice contained a typographical error that misstated the Planning and Community Development Committee's public hearing date; and establishing Ordinance 5578 which proves a new Planning and Community Development Committee public hearing date held August 13, 2001. Section 2. The. above-cited Findings of Fact, Conclusions and Conditions are herewith approved and incorporated in this Ordinance by this reference. Section 3 . Constitutionality or Invalidity. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as,, it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and approved and ratified irrespective of the fact that nay one or more section, subsection, sentence, clause or phase be declared invalid or unconstitutional. Section 4. The Mayor and City Clerk of the City of Auburn, Washington, are hereby authorized to execute the Development Agreement between the City, A & L LIMITED PARTNERSHIP; ROMART INVESTMENTS, --------------------- Ordinance No. 5578 August 15, 2001 Page 8 LLC; AND KEN AND DEBORAH OLSON, Owners. A copy of said Agreement is attached. hereto as Exhibit "A" and incorporated herein by reference. Section 5. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 6. Effective Date . This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by iaw. INTRODUCED: August 20, 2001 PASSED: August 20, 2001 APPROVED: August 20, 2001 CHARLES A. BOOTH, MAYOR --------------------- Ordinance No. 5578 August 15, 2001 Page 9 ATTEST: Danielle E. Daskam, City Clerk A ROVED AS TO FORM: Michael J. Reynolds, City Attorney Published: ~ ~ ~z`~- ~ ~° t --------------------- Ordinance No. 5578 August 15, 2001 Page 10 DEVELOPMENT AGREEMENT (PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT] Return Address City of Auburn Planning Dept. 25 West Main Street Auburn, INA 98001 WSC 01-0005 Parcel Number(s) 052005-1004 / 052005-4006 / 052005-4007 / 052005-1034 / 052005-4046 / 052005.1033 Additional legal on page 14 The Agreement executed herein between the City of Auburn, Washington, a municipal corporation, hereinafter referred to as "CITY" and A 8~ L Limited Partnership; Romart Investments, LLC; Ken and Deborah Olson and the heirs, assigns, and/or successors in interest of certain property, hereinafter referred to as "OWNER", is for and in consideration of the furnishing of utility service by the CITY to certain property of the OWNER hereinaffer referred to as "PROPERTY". The OWNER does hereby petition for and agree to annexation of the PROPERTY to the CITY, and does hereby agree to the conditions of annexation herein, and does hereby declare this covenant. 1. ACKNOWLEDGMENTS AND REPRESENTATIONS The OWNER does hereby acknowledge and agree as follows: ORD 5578 WSC01-0005 08/14/01 Page 1 l .i . The OWNER is the owner of certain PROPERTY, which is located outside the corporate limits of the CITY. 1.2. The OWNER is seeking building permit approval from Pierce County for the PROPERTY. l .3. The OWNER has requested the CITY to furnish sewer services to the PROPERTY, which the owner understands and agrees may be limited by issues including the Endangered Species Act (ESAj and other governmental agencies. i .4. This Agreement to extend sewer services outside the corporate limits of the CITY is authorized by RCW 35.67.310 and RCW 35.92.1.70 and shall not be construed as a voluntary agreement pursuant to RCW 82.02.020 and therefore the provisions of RCW 82.02.020 shall not be applied hereto. 1.5. This Agreement does not preclude -any evaluation and determination by the CITY that later development .actions or proposals undertaken by the OWNER may require a determination of significance and environmental review under SEPA. 1.6. The CITY'S Comprehensive Plan requires annexation or a commitment to future annexation and compliance with certain other conditions as a prerequisite for the extension of utility service outside the corporate limits of the CITY. 1.7. Washington law recognizes a City's requirement of an annexation agreement or a commitment to future annexation as a condition of extending utility service outside the corporate limits of the CITY. 1.8. Extension of utility services beyond CITY limits is subject to the that such extensions be conditioned on annexation or efforts toward annexation. ORD 5578 WSC01-0005 08/ 14/01 Page 2 1.9. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION AREA or URBAN SERVICE AREA for annexation purposes as adopted by the CITY in its Comprehensive Plan pursuant to the King County and Pierce County Countywide Planning Policies. 1.10. It is in the interest of the citizens of the CITY to insure that all developments which are or could be constructed within the corporate limits of the CITY or will be ultimately annexed into the CITY, are constructed in accordance with CITY development standards as defined by section 14.18.006(Cj of the Auburn City Code.. 1.11. The OWNER'S request for the extension of utility services was duly considered. by_ the CITY, and it was determined. that the furnishing of sewer services to the PROPERTY would be proper upon the fulfilling of all conditions and covenants herein. 1.12. The OWNER does hereby acknowledge that in the event of violation or breach of the terms of this DEVELOPMENT AGREEMENT, or upon the invalidation of this AGREEMENT by judicial action, operation of law or otherwise, the CITY reserves the right at its sole discretion to immediately terminate the provision of utility service to the PROPERTY and in such case the Owner agrees to ---- indemnifyand hold the CITY harmless from any and all claims of any party. 2. PROPERTY DESCRIPTION _ _ _--- _ _ The PROPERTY is hereby commonly described as follows: 9+h Street East and 182"d Avenue East. The PROPERTY is legally described in Attachment A, attached hereto and represented by reference as ff set forth in full. The OWNER warrants that Attachment A is correct as fully describing subject PROPERTY. (This agreement only applies to that portion of the property legally described in Attachment A that lies within the City of Auburn Potential Annexation Area as of the effective date of Ordinance 5564.) ORD 5578 WSC01-0005 08/14/01 Page 3 3. PETITION AND COVENANT FOR ANNEXATION The OWNER, in consideration of the CITY'S agreement #o provide utility service to the PROPERTY, does hereby petition, agree and covenant as follows: 3.1. The OWNER .does hereby apply for and petition for annexation of the PROPERTY to the CITY and thereby agrees, promises and covenants that if at any time the PROPERTY is included within any area which is being considered for - annexation -#o -the -CITY; -said- Oa!VNE~ -does.. join _in said. -annexation.. and by this PETITION does provide this NOTICE OF INTENT TO -ANNEX and that the petition referred to herein is irrevocable.. The OWNER recognizes and agrees that by signing this Agreement, the PROPERTY of the OWNER will automatically be .included as a property to be annexed in the event the PROPERTY is within a proposed annexation area. 3.2. The OWNER agrees to execute all necessary documents such as applications, letters, notices, petitions or other instruments initiating, furthering or accomplishing the annexation of the PROPERTY to the CITY, whether or not the annexation involves the assumption by the area to be annexed of existing CITY indebtedness, the application to the area to be annexed of the CITY Comprehensive Plan and land use controls, and such other conditions as the CITY may lawfully impose. The OWNER, for him/her/themselves and for his/her/their heirs, successors and assigns, agrees and covenants with-the CITY, and to the present and future- owners of the PROPERTY to which this covenant relates, that this agreement is to constitute a covenant running with the land, and shall burden such land that he/she/they shall, whenever so requested, execute such letters, notices, petitions or other instruments. Owner agrees to ORD 5578 WSC01-0005 08/ 14/01 Page 4 immediately record this document and specifically advise future interests in the property. 3.3. The OWNER recognizes that the laws of the State of Washington relating to the annexation of property by a city provides that property may be annexed to a city if property owners, equal to sixty percent of -the assessed value of property within the area proposed to be annexed, sign a petition for such an annexation. 3.3.1 The OWNER further recognizes that other methods of annexation are allowed under the laws of the State of Washington, including the election method. 3.4. The OWNER understands that the OWNER'S signatures on this Agreement is an admission that the OWNER understands the certain rights which the OWNER has regarding the PROPERTY and that the-OWNER is willingly waiving such rights in consideration of receiving the described utility services. 3.5. The OWNER understands and agrees that upon annexation by the CITY, the PROPERTY annexed shall be assessed and taxed at the same rate and on the same basis as property within. the CITY is assessed and taxed to pay for any then outstanding indebtedness of the CITY which was contracted prior to, or existing at, the date of annexation. 3.6 ,The undersigned OWNER of the PROPERTY, on behalf of himself/herself/themselves, his/her/their heirs, successors and assigns, hereby designate(s) the CITY as OWNER'S true and lawful attorney-in-fact for the purpose of signing any petition. leading to the annexation of said PROPERTY to the CITY, with full power to do and perform any proper act which the OWNER may do with respect to the annexation of said real property. The CITY may exercise this power through its City Clerk or otherwise as the CITY COUNCIL may direct. This Special Power of Attorney is given for the valuable consideration of ORD 5578 WSC01-0005 08/ 14/01 Page 5 the furnishing of water and/or sewer service by the CITY, and this Special Power of Attorney is further given as security for performance of the annexation covenant obligation set forth herein. This Special Power of Attorney is not revocable and shall not be affected by the disability of the principal. 3.7 The OWNER agrees on his/her/their behalf and on behalf of his/her/their heirs, successors and assigns that the OWNER will not protest the future formation of any local improvement district for any or all of the following: domestic water, sewer service, streets; street lighting and storm water facilities, including regional detention and water quality facilities, for any district which includes the PROPERTY affected by this agreement. 4. AGREEMENT OF CONDITIONS AND/OR MITIGATION MEASURES OF APPROVAL The OWNER, in consideration of the CITY'S agreement to provide sewer utility services to the PROPERTY, and in recognition of the CITY's conditions for- annexation of the PROPERTY, does hereby agree to comply with the following: 4.1. (aj. Continued revisions to development plans, as they occur, shall conform to City standards. (b). Sewer shall be installed to City s#andards. If Phase 1 is developed prior to the extension of services using an interim on-site septic system, provision of sewer service to the remainder of the property (Phase 2) will be made only if said interim on-site system is abandoned and the developmen# is connected to the City of Auburn sanitary sewer. (c). Access along Lake Tapps Parkway East shall be determined in .coordination with Pierce County and the City of Auburn and subject to Pierce County and City of Auburn approval. ORD 5578 WSC01-0005 08/14/01 Page 6 (d). Interior streets must be public streets and shall be built to City of Auburn standards; (e). Fire hydrants shall be installed to City standards. (f). Park land shall be dedicated and developed according to City of Auburn Level. of Service standards, or an equivalent value of investment in recreational improvements shall be provided as negotiated by the Auburn Parks and Recreation Director and approved by the Planning and Community Development Committee. (g). All other applicable city development standards shall be complied with. (h), _ Evidence that the Conditional Use. Application (CP33-94) is vested with Pierce County shall be provided to the City prior to issuance of the sewer availability certificate 5: GENERAL PROVISIONS The OWNER and the CITY do hereby acknowledge and agree to the following provisions, which apply to the entire Agreement herein. 5:1. .The OWNER agrees that all future land use and development on the PROPERTY will meet all land use and development standards of the CITY. In the event of a conflict between CITY standards .and any applicable County standards, the more restrictive standards as determined by the CITY shall apply. 5.2. .Nothing in this agreement shall be construed to create any financial obligation on the part of the CITY with regard to annexation, construction of utility facilities and appurtenances, or any other matter. The OWNER and the CITY hereby acknowledge that it is the OWNER'S responsibility to finance the design and construction of utility facilities needed to serve OWNER'S property ORD 5578 WSC01-0005 08/14/01 Page 7 consistent with CITY plans and specifications, unless otherwise agreed by the CITY. 5.3. The OWNER agrees to allow CITY, at CITY'S option, plan review and approval prior to construction, and CITY inspection during construction of all public improvements as they are built, regardless of the ownership of such improvements, and shall reimburse the CITY for any reasonable costs incurred in such plan review and inspection. 5.4. No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 5.5. If for any reason of any default or breach on the part of either the OWNER or the CITY in the performance of any of the provisions of this Agreement a legal action is instituted, the party not prevailing agrees to pay all reasonable costs and attorney fees and costs in connection therewith. It. is hereby agreed that the venue of any legal action brought under the terms of this Agreement shall be Pierce County, Washington. The applicable laws, rules, and regulations of the State of Washington and the CITY shall govern this Agreement. 5.6. The terms and provisions of this DEVELOPMENT AGREEMENT shall inure to the benefit. and become binding upon the heirs, assigns and/or successors in interest of the parties hereto and is a covenant. running with the land. The OWNER agrees to indemnify and hold the CITY harmless from any claims that any subsequent purchaser may have as a result of this Agreement, including CITY's attorney fees and costs. 5.7. Any notice or demand required or permitted to be given under this Agreement shall be sufficient if given in writing and sent by registered or certified mail, return receipt requested, #o the address of the parties set forth below. Any notice shall be deemed to have been given on the date it is deposited in the U.S. Postal Service mail with postage prepaid. ORD 5578 WSC01-0005 08/14/01 Page 8 5.7.1 The OWNER warrants that the OWNER will undertake, and be responsible for, all notifications, including recording, to all parties of interest and future parties of interest. 5.8. In the event that any term, provision, condition, clause or other portion of this Agreement be held to be inoperative, invalid, void, or in conflict with. applicable provision, condition, clause or other portion of this Agreement, and the remainder of this Agreement shall be effective as if such term, provision, condition or other portion had not been contained herein, and to this end, the terms of this Agreement are declared by the parties to be severable. 5.9. Upon execution, this Agreement shall be recorded with the Pierce County Auditor's office. The OWNER shall be responsible for recording and shall provide evidence of such recording to the CITY. IN WITNESS WHEREOF, the OWNER and the CITY hereto have executed this Agreement as of this2lst day of August , 2001. CITY OF AUBURN ' ~. ~, t9 CHARLES A. BOOTH MAYOR ORD 5578 WSC01-0005 08/14/01 Page 9 ATTEST: Danie le Daskam City Clerk OVED S TO ORM: ~'. Michael J. Reynolds, City Attorney STATE OF WASHINGTON ss COUNTY OF KING 1 On this ~5 ~ day of ~ , 2001, before me, the undersigned, a Notary Public in and r the State of Washington, duly commissioned and sworn, personally appeared CHARLES A. BOOTH and DANIELLE DASKAM, to me known as the Mayor and City Clerk, for the City of Auburn, the corporation who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said City of Auburn, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and. affixed my official seal on the date hereinabove set forth. __OLYN F 1~~, ., B i~ ~~ ~~;~SSIO,y •,...~o~l i ::v NOrq ~~ i per,-.~.~9Y ~ z i %I~~~: o `RUC ~' .... _„ ~1~`h...~--` ORD 5578 WSC01-0005 08/ 14/01 Page 10 NAME ~~ NOTARY PUBLIC in and for the State of Washington, residing at MY COMMISSION EXPIRES: /D - Z-1-D 3 OWNER: A 8~ L limited Partnership; BY REPRESENTATIVE: (Delbert Benedict) (Yvonne Benedict) STATE OF WASHINGTON ) ss COUNTY OF KING 1 On this day of , 2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Delbert V. and Yvonne Benedict the REPRESENTATIVES for A & L limited Partnership that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said OWNER, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument on behalf of said OWNER. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. (Printed Name) NOTARY PUBLIC in and for the State of Washington, residing at MY COMMISSION EXPIRES: ORD 5578 WSC01-0005 08/ 14/01 Page 11 OWNER: Romart Investments, LLC BY REPRESENTATIVE: (B. E.-Mahrt, Principal STATE OF WASHINGTON ss COUNTY OF KING On this day of 2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared B.E. Mahrt. the REPRESENTATIVE for Romart Investments, LLC that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said OWNER, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said. instrument on behalf of said OWNER. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. (Printed Name) NOTARY PUBLIC in and for the State of Washington, residing at MY COMMISSION EXPIRES: ORD 5578 WSC01-0005 08/14/01 Page 12 OWNER: Ken and Deborah Olson (Ken Olson) (Deborah Olson} STATE OF WASHINGTON ) ss COUNTY OF KING ) On this day of , 2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Ken and Deborah Olson the OWNER that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said OWNER, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument on behalf of said OWNER. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. (Printed Name) NOTARY PUBLIC in and for the State of Washington, residing at MY COMMISSION EXPIRES: ORD 5578 WSC01-0005 08/14/01 Page 13 ATTACHMENT A LEGAL DESCRiP'TION - - -~ .- - ~ - ~ NORTH TAPPS CO~l~Il1~RCIAL . ~ - - - . - CONDITIO\TA~ USE P~Rt'VIIT~ - . . ~~ ~ ~ - PARCEL NO. 0~20051033~ - ~ ~ ~ ~ ~ - THE PiEST ~in.LF OF THE NORTHEAST QUARTER :OF THE. $OU3'FIE_ZiST QCi~,RTER TriE, EAST - - . HALF OF .THE NORTHE.?1ST Q(IAFCTER`OF THE NOR^sHWEST-QUAP.TER-OF THn S(7U`TEFE-'1ST ~ ~ - QUP.RTER ; THE- $AUTH HALF OF THE 1JORTE:*rIESi .QUARTER- OF T#iE SOUTFir.AST QU?~1-RTER ;_ • _ p1+iD. 1`Ii~T PORTION OF THE N©RTHWEST QC111RTER OF THE NORTRWEST QUARTER OF THE - _ ~SOUTHF.AST QUARTER P.ND OF THE SOUTHWEST Q[JPiRTER OF TI3E • SOUTHWEST Q~RT~ OF- THE. NORTHEAST QLtARTER LYING WEST OF TfL 30Q .FOOT RIGHT OF U'CAY GR_4#ii'El2 TO THE •~. UNITED.'STATES OF AMERICA 'BY INSTRUMENT RECORDED UNDER RECORAIi3G NUMBER .• . T28~6i6, A?,L IN SECTION .5 TOWNSHIP 20 ~iORTH R_n.NGE~ 5 E.~ST OF TsiE W.M. , IN . PIE3~CE COUNTY, i~LASHINGTON .. • EXCEPT TH_~T PORTION CONVr,YED TO EL PASO NATUR..z1Y;~ G_~:S COFiPAr1Y $Y DEED RECORDED, - UN~isR. RECOP.DING NUNiBER• 2410280 ORD 5578 WSC01-0005 08/ 14/01 Page 14 ATTACHMENT Al LEGAL DESCRIPTION: ~'ARCEL NOS.• 0~200~IOQ4,.0~2dp54006, 05200~4~0~ . OS?00~~:034 and Os200~404~6 ~~' PARCEL A:. - ~ . . Tn'E WEST Fi~i.*_;F 4F T_'iE NORT:-~ ;ST QUA.2^t ER OF• T~?a NOnT$'d= S^a QUR.RTER OF TFT SOGTr^.r,AST..QUARTER• OF Sz.CT_TOPI' S,- •TOtiNSFIIP 20 NORTri, R?~;GE 5. E_~T OF TS WIi,L.~`~'Z'TE T~RT_DL3V, 'T~t PT_BRCE CO'ti7N'T't; W_~SHINGTON. _ .• EXCEPT. THS NOI2TE 30 FLET TkwREOF. - PARCEi, B : . T:?nT PORTION OF T: ~ IvORT:?:r~ST QUtLRTER OF 7"ri?. NORTHSTr'S QU?QTR Os T?% SOUTH~a.ST QUA.aTER OF SnCT_TO?~i 5, TOWY3F.IP 20 NORTH, R;~TC-E' S E_~Si OF TB^-, ~ -• WILs~•1~TTE 1~RIDI?3v, IN~ PIERCE COUiviY, WASFI~I~TGTON, ' LYI~sG EA5TE9.r,Y OF Ti?3^s, . TR~!C?' CO1VV£Y~'TO TO T~':E WIT~D ST~`iTr,S OF P~L:RIC.Z1 FOR $O?' a~'V2LL.^r PrJ.t'-~..R ADMIN.ISl^R_~TIOii POja'r'R ~LIEvt,.•$Y •DE D RECORD~.'D UNDER RF.{O_RDIVG-2r'sfilrER 12'64616 _ £ <CEPT Tric. IvORTrI 30 FEET T?.R2EOF. .. TH? s PORTION OF T:: SOL"?Firi~ST QU~_T?TER OF TF SOGTk':a~ST QU'-.iZi R Or^ T =. NORTIiRn ST QU~TER OF SEC^i ION 5, ,TOWNSHIP 20 NORi'S, Rr?`iGE 5 $.~ST O° . T'rIy WILLPi~.TTE M RIDIRi,• IN PIERCE • COUNTY, WP,SH=NGTON, LYING "~STERLY O? irir'1T• TRACT COti~YyII TO` •TF~. ITiITEI] STA?'ES• OF Ai~RICA FOP. BOIv'N.;~IILLE POW~'R " • P.D~fI?~tISTR~TION=~ POi~`R LINT' B'r DEED RCORDEDUNDER RECOP,DTNG "~:3ER 1284516. EXCSo^t TH SOUiFi 3Q FaET THEREOF. ~ ~ "" THE 50tJTHE:~STS ~ QUARTER OF~ THr..$OUTf{EAST QUARTER OF THE NORTHE AST• Q~~RTSR ; THE EAST H.r.LF OE T'dE SOUTHWEST QUARTER OF TfiE SOUTHE.n.ST QUZIRTER OF •~E - NORTHEAST QUARTER THE SOUTHWEST QUARTER OF TH-. SOUTH:~EST QUARTER- OF THE ~ . - SOUTHF..._~1ST QUARTER OF THE NORTHF~AST QU?~RTER ; " AKD. THE SOU'THE_AST~ QUARTER OF THE, SOUTHEAST • QUARTER; OF TAE SOUTHWEST QUARTER .OF ~ THE NORTHr.~.ST QUARTER, • ALL IN _ SECTION 5 Z`OWNSHI P 20 NORTH R4NGE 5 EP.ST OF ~E. W _ M. ' EXZCEPT FROM Th'E SOUTHEAST QUARTER OF THE NORTHRAST QUARTER 182ND AVENUE EAST EXCEPT THAT PORTION CONVEYED TO EL P_z150 NATURAL GAS COMP_A~1Y BY DEED RECORDED - UNDER R£CORDI,NG NUhI9ER 24 ~ 028 0 ORD 5578 WSC01-0005 08/16/01 Page 15 ~`~'' Pierce County _ _ _ ____ Office of the Pierce County Hearing Examiner STEPHEN K. CAUSSEAUX, JR. Pierce County Hearing Examiner 902 South 10th Street Tacoma, Washington 98405 (253) 272-2206 November '14, 2003 Prium Development Company Attn: Matthew Sweeney 8 Tacoma Avenue North Tacoma, WA 98403 RE; PRELIMINARY PLAT: NORTH TAPPS ESTATES PIERCE COUNTY APPLICATION NOS. 347304, 347306 Dear Applicant: Transmitted herewith is the Report and Decision of the Pierce County Hearing Examiner relating to the above-entitled matter. Very truly yours, ,; ~: ---~ /i '' I STEI~HEN K. CAUSSEAUX, JR. Hearing Examiner SKC/clca cc: Parties of Record PIERCE COUNTY PLANNWG AND LAND 5ERVICES PIERCE COUNTY BUILDING DIVISION PIERCE COUNTY DEVELOPMENT ENGINEERING DEPARTMENT PIERCE COUNTY PUBLIC WORKS AND UTILITIES DEPARTMENT TACOMA-PIERCE COUNTY HEALTH DEPARTMENT FIRE PREVENTION BUREAU PIERCE COUNTY PARKS AND RECREATION PIERCE COUNTY COUNCIL PIERCE COUNTY RESOURCE MANAGEMENT 1- .~, OFFICE OF THE HEARING EXAMINER PIERCE COUNTY REPORT AND DECISION CASE NO.: PRELIMINARY PLAT: North Tapps Estates Pierce County Application Numbers, 347304, 347306 APPLICANT: Prium Development Comparry Attn: Matthew Sweeney 8 Tacoma Avenue North Tacoma, Washington 98403. AGENT: Apex Engineering Attn: Dennis Hanberg 2601 South 35~' Street, Suite 200 Tacoma, Washington 98409 SUMMARY OF REQUEST: Applicant proposes the formal subdivision of six (6) parcels, 0520051004, 0520051033, 0520051034, 0520054006, 0520054007, 0520054046, totaling 84.33-acres, into one hundred ninety three (193) single-family residential lots, yvith an average lat size of 6,47 square feet and a minimum lot size of 5,000 square feet, served by public water, roads, and sanitary sewers, located in the Moderate Density Single Family (MSF) zone classil:lcation, west of 182"d Avenue East and south of 4~' Street East, in the north half of the southeast quarter and the south half of the northeast quarter of Section 5, Township 20 North, Range 4 East, Willamette Meridian, in Council District Number 1. SUMMARY OF DECISION: Request granted, subject to conditions. PUBLIC HEARING: After reviewing Planning and Land Services Report and examining available infiormation on file with the application, the Examiner conducted a public hearing on the request as follows: The hearing was opened on November 6, 2003, at 10:34 a.m. Parties wishing to testify were sworn in by the Examiner. 2- The following exhibits were submitted and made a part of the record as follows: EXHIBIT "1" - Planning and Land Services Staff Report and Attachments EXHIBIT " 2" - Brief submitted by Matthew Sweeney STEFAN KAMIENIECKI appeared, presented the Planning Division Staff Report, testified that proper notice had been given, and that the Environmental Official issued an MDNS and had received no appeals. The commercial lots shown on the map will not receive consideration today as they are covered by CP33-94. They are noted as lots 194 and 195. The parkway and the subdivision cannot proceed without each other. The L shaped parcel to the north has recently been deeded to the City of Auburn as a park. The project must meet the requirements of Title 18J which include curb, gutters, sidewalks, streetlights, and street trees. The plat proposes six tracts for recreational purposes, one of which measures less than 5,000 square feet. The applicant will need to increase the size to 5,000 square feet. The plat provides overall 66,000 square feet of recreational space, more than three times the amount required by code. Sanitary sewers and public water will serve the site which is why the Council located it in the urban growth area. A lot of the Lake Tapps area remains in the rural area as public facilities are not available. The City of Auburn will provide sanitary sewers and the City of Bonney Lake will provide water. The request satisfies all requirements of Title 18A although staff has a minor monument location issue related to the tracts. Public Works had a street connection issue, but has granted deviations to allow the applicant to comply with City of Auburn standards. The biologist will allow the existing roads through the wetland areas as pedestrian trails. PAUL BARBER, development engineer, appeared and testified that the plat road standards do not meet Pierce County requirements. However, the applicant has signed a pre-annexation agreement with Auburn, and Public Works has agxeed to allow the deviation to accommodate the City of Auburn's standards. An example is the four legged intersection. The applicant and the County have reached agreement regarding the right-of- way and improvements for the Lake Tapps Parkway. MATT SWEENEY, attorney at law, appeared and introduced his letter memorandum as Exhibit "2". The applicant agrees with the staff report and the mitigating measures set forth in the MDNS. The project has required much coordination considering its location in the jurisdictions of Auburn, Bonney Lake, and Pierce County, and the BPA right-of-way and Williams pipeline. Furthermore, the applicant has had to coordinate development of the parkway which is truly apublic/private partnership. They will dedicate and grade the corridor. Bonney Lake will provide the water and Auburn the sewers. They will construct a pump station within the plat. As they begin the actual design of the plat issues regarding configurations may arise, and they will resolve any issues regarding the tracts. The City will annex the entire project which is why they wilt develop the plat to City as opposed to 3- County standards. The residents who own the five acre parcel to the north are probably landlocked for development purposes and desire access through the plat. They will talk with the owners. Public Works will fill wetlands in its construction of the parkway, but will replicate said wetlands at an approved, off-si#e location. They will comply with all of the wetland biologists' requirements. They will construct all internal roads to public standards. No one spoke further in this matter and the Examiner took the matter under advisement. The hearing was concluded at 10:59 a.m. NOTE: A complete record of this hearing is available in the office of Pierce County Planning and Land Services. FINDINGS. CONCLUSIONS AND DECISION: FINDINGS: The Hearing Examiner has admitted documentary evidence into the record, heard testimony, and taken this matter under advisement. 2. Pursuant to the State Environmental Policy Act and the Pierce County Enviromnental Regulations (Pierce County Code, Title 18D -Environmental Regulations), the Pierce County Environmental Official designate has reviewed this project and issued a Mitigated Determination of Nonsignificance (MDNS) on October 3, 2003, with comment period ending on October 20, 2003, and appeal period ending on November 4, 2003. No appeals were filed during the mandatory conunent or appeal periods. 3. Notice of this request was advertised in accordance with Chapter 1.22 of the Pierce County Code. Notice of the date and time of hearing was published two (2) weeks prior to hearing in the Official County newspaper, property owners within 300 feet of the site were sent written notice and the site has been properly posted. 4. The applicant has a possessory ownership interest in an irregularly shaped, 84.33 acre parcel of property located west of the intersection of 182"d Avenue E. and Stn St. E. in unincorporated Pierce County. The applicant requests preliminary plat approval to allow subdivision of the site into 193 single family residential lots and 16 tracts. The plat also proposes two commercial lots .located northwest of the intersection of 9~' St. E. and-182"d Avenue E. with a combined area of 11.98 acres. The applicant will process the development of said lots through a previously filed conditional use permit application. 5. The site plan shows the western portion of the parcel impacted by a 300 foot wide, Bonneville Power Administration (BPA) easement and transmission lines traversing the site from north to south. Said area also includes steep slopes and wetlands. Wetlands also extend onto the site from the southeast corner in a northwesterly direction to the center of the parcel. Wetlands also impact the north portion of the site. A 75 foot wide Northwest Pipeline Corporation right-of--way traverses the site 4- from southwest to northeast 6. The preliminary plat map shows access provided solely from Lake Tapps Parkway East, an unbuilt Country arterial road which will extend from 182"d Avenue E. at the 9th St. E. intersection to Lakeland Hills Way. The applicant will dedicate right-of-way for the parkway and will also clear timber, grade and fill, compact suitable excavated material, perform associated erosion work, and seed the portion of the parkway between 182"d Avenue E. and the Sumner-Tapps Highway. The preliminary plat map shows multiple accesses onto the parkway and a looped road system to the south of the parkway which wilt serve most of the Pots. A road will extend through a parcel supporting nine lots located north of the parkway and will connect the commercial lots to the parkway. 7. The applicant filed a completed application for preliminary plat approval on July 23, 2002, and pursuant to RCW 58.17.033, vested the project for consideration under zoning and land use ordinances in effect on said date. On January 1, 1995, the 1994 Pierce County Comprehensive Plan became effective. The 1994 Plan implemented the State of Washington Growth Management Act (GMA) which required the Pierce County Council to divide the County into rural and urban growth areas. The Council placed the applicant's parcel and other parcels in the immediate vicinity within the UGA based upon the availability of sanitary sewers from -the City of Auburn and public water from the City of Bonney Lake. Many areas in the Lake Tapps area remain in the rural area due to the lack of setivers and public water. The Council designated residential properties in the Lake Tapps area within the UGA as Moderate Density Single Family (MSF). The applicable requirements of the MSF zone classification are set forth in the Development Regulations-Zoning (Title 18A of the Pierce County Code) which became effective April 1, 2002. 8. LU-RE Objective 34 of the comprehensive plan contemplates a variety of residential densities in urban grawth areas. Standard 34.1.1 states in part: In Moderate Density Single Family areas the density .for single family and two family developments should be up to four dwelling units per acre until sewer service is available. When sewer service is available, the density should be allowed to increase up to six dwelling units per acre. The Density and Dimension Tables set forth in Section 18A.35.020(B)(2) of the Pierce County Code (PCC) authorize a base density of four dwelling units per acre and a maximum density of six dwelling units per acre in the MSF classification. The code authorizes the base density if an applicant follows the development standards set forth in Chapter 18A.35 PCC and the maximum density upon provision of sanitary sewers. The applicant proposes 193 single family residential dwelling units on 72.35 acres of the site which calculates to 2.67 dwelling units per acre, well within the maximum authorized in the MSF classification upon provision of sanitary sewers. The proposal to construct site-built single family residential dwellings is consistent with abutting improvements and with contemplated future development of the area. Therefore, the proposed plat satisfies the principles and standards of LU-RE Objective 34. The proposed residential subdivision complies with the 5- objectives, principles, and standards of the comprehensive plan 9. The preliminary plat proposes a minimum lot size of 5,000 square feet, an average lot size of 6,436 square feet (excluding the commercial lots), and a minimum lot width of 50 feet. Section 18A.35.020(B){3) PCC requires a minimum lot size of 4,000 square feet, an average lot size of 5,000 square feet, and a minimum lot width of 50 feet in the MSF classification. All lots satisfy said requirements. The preliminary plat satisfies the bulk regulations of the MSF classification. 10. The preliminary plat must also satisfy all criteria set forth in Section 18A.35.025 PCC, the Residential Design Standards. Said standards require the construction of sidewalks, curbs, and gutters on both sides of internal plat roads. Said standards also require the installation of street trees and streetlighting. The preliminary plat can easily satisfy the on-site open space and recreational area requirements of said standards. Infill compatibility requirements do not apply based upon the size of abutting parcels. The preliminary plat complies with the Residential Design Standards. 11. The PCC requires the applicant to provide 342 square feet per lot of recreational area which calculates to 66,006 square feet. The applicant proposes to provide 280,939 square feet or 6.45 acres cf cpen space which substantially exceeds the minimum requirement. The site plan shows Tracts L, N, and P developed with on- site recreational opportunities, and the applicant will expand Tract N to at least 5,000 square feet. fn addition, the parcel provides 25.3 acres of open space in the nature of wetlands, wetland buffers, and storm drainage tracts. The applicant must also comply with the Pierce County Park impact Fee Ordinance and make a per lot payment for the maintenance and acquisition of .Pierce County regional parks. The parcel is also located a short distance from the Pierce County Park on Lake Tapps. The plat makes appropriate provision for open spaces, parks and recreation, and playgrounds. 12. Conditions of approval require the applicant to construct the storm drainage standards in accordance with the requirements of Title 17A PCC, the Construction and Infrastructure Regulations -Site Development and Storm Water Drainage. The applicant will construct public stormwater facilities in Tract A located in the eastern central portion of the site, in Tract E located in the northern portion of the site, and in Tract K located in the southwestern portion of the site. Compliance with -said requirements will ensure that the plat makes appropriate provision for drainage ways. 13. The applicant will construct all internal plat roads to Pierce County private road standards with the exception of intersections. The applicant has received a deviation to construct afour-(egged intersection in accordance with City of Auburn 6- road standards. The plat roads meet City standards since the City will eventually annex the site. All portions of the plat will access onto Lake Tapps Parkway East and the grading will ensure adequate entering and stopping sight distance at all intersections. All lots will access onto internal plat roads. In accordance with the mitigating measures set forth in the MDNS, the applicant will dedicate and perform work on the Lake Tapps Parkway East, will contribute $135.00 per lot for a County road project to add through lanes on Stn St. E. within the City of Pacific, and will contribute $110.00 per lot toward a County project to add lanes on 8th St. E. within the City of Sumner. The applicant must also install a temporary wood po{e and wire signal at the intersection of the SR-167 northbound on/off ramp with 8th St. E. The plat makes appropriate provision for streets, roads, alleys, and other public ways. 14. The City of Bonney Lake will provide water to the site and the City of Auburn will provide sanitary sewer service to each lot. The site is located within a fire protection district which has a fire station within a reasonable response time. The plat makes appropriate provision for water supplies, sanitary waste, and fire protection. 15. The applicant must comply with the Pierce County School Impact Fee Ordinance and make a per lot payment to the Dieringer School District to offset the impacts to the district of school aged children residing in the subdivision. Compliance with said ordinance ti:~il! ensure tha± the plat makes appropriate provision for schools and school grounds. 16. Compliance with the Residential Design Standards will assure that appropriate provisions are made for safe walking conditions. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has established that the request for preliminary plat approval is consistent with the MSF designation of the 1994 Pierce County Comprehensive Plan, satisfies all bulk regulations of the MSF classification, and meets all requirements of the Residential Design Standards. 3. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, street, roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions. 4. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision convenient to significant ~- recreational opportunities, and therefore should be approved subject to the following conditions: 1. The final plat for this proposal shall be submitted to the Pierce County Hearing Examiner for approval and signature within five (5) years of the effective date of the Hearing Examiner's decision on the preliminary plat, subject to the conditions for time extensions as outlined in Section 18A.75.050.O of the Zoning Regulations. 2. The applicant shall provide a minimum 5,000 square feet of contiguous useable area for Tract N and Tract J as required by Title 18J.15.020(3)(a) 3. A storm drainage plan must be submitted to the Development Engineering Section as part of the site development plans. The drainage plans shall be in accordance with Ordinance 99-24S, Title 17A, Construction and Infrastructure Regulations -Site Development and Stormwater Drainage. 4. Pierce County will not accept public storm drainage facilities for maintenance until 80 percent of the lots within the limits of the subdivision have completed construction of the residential structures. Also the drainage facility must be inspected and accepted by the County and have been in satisfactory operation for at least two years. 5. Upon completion of the construction of the public/private storm drainage and road improvements, the proponent will be required to place an 18-month financial guarantee to ensure the correction of any defects or subsequent problems. The 18-month financial guarantee will be held for 18 months from the County's acceptance of public road improvements or 18 months from the County's acceptance of the project engineer's inspection report for private improvements. 6. A site stabilization plan must be submitted to the Development Engineering Section as part of the site development plans. 7. The site stabilization plan must include erosion control measures for development of the project up through completion of all structures. 8. Erosion control facilities must be installed, and subsequently, inspected and approved by Pierce County prior to site clearing. All necessary erosion control facilities must be properly maintained during all phases of site development to prevent debris, dust, and mud from accumulating on the County right-of-way and/or adjacent property. 8- 9. AI[ work associated with stabilizing slopes and other disturbed areas shall be in accordance with Ordinance 99-24S, Title 17A, Construction and Infrastructure Regulations -Site pevelopment and Stormwater Drainage. 10. If cleared, the County right-of-way must be seeded, mulched, and stabilized as required by the County. 11. The intent of the erosion control facilities is to protect downstream property owners from landslides, sediment buildup, and downstream channel scouring. Jf the intent of the requirement is not met, then all building and construction activity on site shall be discontinued and directed to meeting the intent of the requirement. 12. A clearing and grading plan mus# be submitted to the Development Engineering Section as part of the site development plans. 13. All clearing and grading limits outside of the road easement/right-of-way shall be shown on the site development plans. 14. All lots must access off internal plat roads. 15. All public roads within and providing access to this plat must conform to Ordinance 99-24S, Title 17B, Construction and Infrastructure Regulations - Road and Bridge Design and Construction Standards. Due to the pre- annexation agreement between Pierce County and the City of Auburn, deviations to the design standards may be allowed subject to approval of the Pierce County Engineer. Although the County Engineer has agreed to allow a minimum horizontal curve radii for internal plat roads of 100 feet, entering sight distance and stopping sight distance must meet County standards. This may require additional right-of--way widening in the vicinity of these small- radius curves. 16. 178`h Avenue Court East will need to end in a temporary cul-de-sac at its terminus between proposed Lot Nos. 172 and 173. 17. On all private roads, shared access facilities, alleyway construction, or public road improvements, the applicant will be responsible for retaining a licensed professional engineer to conduct all inspections per Title 17B.30.050D. 18. The County will not issue single family building permits until all necessary drainage improvements, roads, shared accesses, or alleys are completed with the exception of minor items that may be damaged during home building such as sidewalks, bioswales linings, or shoulder leveling courses which may be 9- financially guaranteed. 19. Any work in the County right-of--way will require a separate right-of--way permit issued by the Pierce County Public Works Department. 20. All landslidelerosion hazard areas, as defined by Title 18E, Critical Areas, shall be clearly shown on the site development plans and final plat, along with associated buffers and building setbacks. Any proposed work within the critical areas, associated buffers, or setbacks will require the submittal of a geotechnical report to be reviewed and approved by Development Engineering. 21. The following note should be placed on the final plat document: "Prior to issuance of building permits on Lot Nos. 185 and 186, asite-specific geotechnical report must be submitted and approved by the Development Engineering Section." 22. Prior to issuance of a permit, the applicant will be required to submit a financial guarantee to the County to ensure compliance with the provisions of Ordinance 99-24S, Title 17A, Construction and Infrastructure Regulations - Site Development and Stormwater Drainage, per Section 2.14.1.1. 23. All fences, pillars, signs, structures, etc., must be located on private property and must not impair sight distance to the County road. 24. ARight-of--Entry Agreement will be required per the Pierce County Stormwater Management and Site Development Manual, Section 2.14.1. 25. Plat Agreement to Maintain Stormwater Facilities and to Implement a Pollution Source Control Plan will be required. This document will include stormwater pollution prevention best management practices that must be incorporated into the project stormwater facility in accordance with Pierce County 96-47, Title 11, Illicit Stormwater Discharges. 26. This project shall conform to ai! the applicable sections of the following ordinances that were in effect at the time of application: • Ordinance 96-47, Title 11, II(icit Stormwater Discharges. • Ordinance 99-24S, Title 17A, Construction and Infrastructure Regulations -Site Development and Stormwater Drainage. • Ordinance 99-24S, Title 17B, Construction and Infrastructure Regulations - Road and Bridge Design and Construction Standards. io- 27. Any abandoned well (as defined by WAC 173-160) must be properly "Decommissioned" prior to fnal application approval. The TPCHD must be contacted 48 hours prior to any decommissioning activity at the site. Contact Rich Dickerson at (253} 798-2885 TPCHD for further information regarding abandoned wells. 28. Prior to approval of the water supply for this development, a Certificate of Water Availability is required as per WAC 246-290 and Pierce County Ordinance 86-116S4. 29. The final plat portion of the Certificate of Water Availability must be signed by the water purveyor prior to final subdivision approval. 30. All new development approved to utilize interim on-site sewage systems after the effective date of July 1, 1993, shall connect to a permanent sewage treatment and disposal system when that system becomes available, as defined by the appropriate agencies. 31. Fire flow requirements for one-and two-family dwellings are 750 GPM at 20 psi for 45 minutes, except that 1000 GPM at 20 psi for 60 minutes is required when the total floor area including attached garages is 3,600 square feet or more. A hydrant shall be located within 350 feet of the middle of the street frontage of each lot, except that no hydrant is required on a dead-end street not exceeding 600 feet in length when a hydrant is installed at the intersection of the cross street. Spacing between hydrants shall not exceed 700 feet. 32. As-built water system plans and flow test results shall be submitted to and approved by the Fire Prevention Bureau prior to final plat approval. The requirement can be waived if a bond or other approved form of security is provided prior to final plat approval. 33. Prior to the issuance of any permits on this site (site development) or the initiation of any grading, clearing, filling, or vegetation removal, the project shall complete the requirements necessary to obtain wetland approval and shall obtain Final Wetland Approval. 34. All stormwater shall be pretreated prior to its release into a natural system (wetland) and all stormwater facilities shall be located outside of wetlands and wetland buffers. This includes, but is not limited to, outlet structures. Outlet structures shall be designed to minimize erosion and sedimentation within wetlands and buffers. 11- 35. The storm drainage plans shall include a hydrologic analysis for each jurisdictional wetland on and/or receiving storm drainage from the site. The analysis shall include, but not be limited to: definition of the area contributing surface runoff to each wetland (pre- and post-development}; anticipated changes in depth, duration, and frequency of surface ponding within each wetland; and proposed pre-treatment of surface water entering wetlands or buffers. The final storm design shall not result in water depth changes that vary more than six inches from pre-development levels in any jurisdictional wetland at any given time. Also, the final storm design shall not result in significant changes in the pre-and post-development frequency or duration of inundation within each jurisdictional wetland. All calculations shall be based on cumulative impacts from the proposal and any other projects within each drainage sub-basin contributing to the wetlands. A copy of the stormwater plans and calculations shall be submitted to and reviewed by the Development Engineer in conjunction with the Environmental Biologist prior to the issuance of the Site Development Permit or Final Wetland Approval. 36. The storm system shall be designed such that the release of stormwater does not cause erosion within any wetlands or buffers. 37. The number of lots shall be reduced and/or reconfigured as necessary to maintain wetland hydrology. The applicant shall not be guaranteed the 188 residential lots and/or lot configuration shown in the preliminary plat. 38. To ensure safe walking conditions for the public and students who walk to and from school and/or take the bus, a (5) foot wide concrete sidewalk shall be installed on both sides of the internal plat roadways prior to final plant approval. 39. The applicant shall install a five (5) foot wide concrete sidewalk along all internal plat roads. 40. The applicant shall install streetlights at all locations as required by Pierce County Development Engineering. 41. The applicant shalt install street trees on all interior plat roads. 42. The operation of heavy equipment and associated materials in the construction of this project has the potential to result in fugitive dust being generated from the site. Impacts to neighboring properties shall be controlled by the use of watering trucks to water frequently used roads and associated areas as necessary to prevent the travel of fugitive dust. 12- 43. Utility easements and building setbacks shall be provided on the face of the final plat which are necessary to the provision of water, power, sewer, natural gas and mail delivery to the lots within the subdivision. The affected purveyors should be contacted prior to development of the final plat for their specific easement requirements. 44. In order to meet the "concurrency" requirements for implementation of the standards for Levels of Service, as outlined in Section 19A.100 of the Comprehensive Plan, roads, sanitary sewer, surface water management, transit and water must be met by the applicant prior to final approval of the development. 45. The maintenance of the streetlights and street trees within the plat shall be the responsibility of the Homeowner's Association. 46. Applicant shall show a designated ten (10) foot utility easement on the plat parallel to all road rights of way on all roads within the plat. 47. Applicant shall show any and all building setbacks a minimum of ten (10} feet behind utility easement. 48. Applicant shall add standard utility easement verbiage to the plat face. An easement is hereby reserved for and conveyed to all utility providers and their respective successors and assigns under and upon the private street(s), if any, and the exterior ten (10) feet of all lots, tracts and spaces within the plat lying parallel with and adjoining all street(s) in which to construct, operate, maintain, repair, replace and enlarge underground pipes, conduits, cables and wires with all necessary or convenient underground orground-mounted appurtenances thereto for the purpose of serving this subdivision and other property with electric, gas, telephone and other utility service, together with the right to enter upon the streets, lots, tracts, and spaces at all times for the purpose herein stated. 49. As is allowed per Section 18E.20.020 D., in order to provide permanent protection of the on-site wetlands and associated buffers, as well as the off- site wetlands and associated buffers, a 2- or 3-rail, split-rail, wood fence or Pierce County approved substitute fence, is required to be installed around the perimeter of the wetland buffers. This is being required to distinguish the wetland buffer from the developed portions of the site and help protect the wetlands and .wetland buffers from intrusion and other human impacts. The fence shalt be installed prior to final plat approval. Photographs of the installed 13- fences shall be submitted to the Pierce County Environmental Biologist upon completion. Fencing is not required along the-west buffer of Wetlands P and 11 on Tract B, where no development is proposed. 50. No utility lines or septic systems shall be located within the regulated wetlands or buffers. No private easements or rights-of-way shall be recorded over the wetlands and buffers. 5l. Erosion and sediment control is a key to preserving the habitat and preventing denudation of a developing area. The following practices are recommended: a. Clearing limits and/or any easements or required buffers shall be staked and flagged in the field. b. Properties adjacent to the site of a land disturbance should be protected from sediment deposition through the use of buffers or other perimeter controls, such as filter fence or sediment basins. c. Provision should be made to minimize the tracking of sediment by construction vehicles onto paved public roads. If sediment is deposited, it should be cleaned every day by shoveling or sweeping. Water cleaning should only be done after the area has been shoveled out or swept. 52. All storm drains within the development should be stenciled "Dump No Waste, Drains to Stream" (or Groundwater, Lakes, etc., as appropriate). 53. Erosion control measures must be in place prior to any clearing, grading, or construction. These control measures must be effective to prevent soil from being carried into surface water by stormwater runoff. Sand, silt, and soil will damage aquatic habitat and are considered pollutants. 54. Any discharge of sediment-laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48, Water Pollution Control, and WAC 173- 201A, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action. 55. During construction, all releases of oils, hydraulic fluids, fuels, other petroleum products, paints, solvents, and other deleterious materials must be contained and removed in a manner that will prevent their discharge to waters and soils of the state. The cleanup of spills should take precedence over other work on the site. 14- 56. Coverage under the General Baseline Stormwater Water Permit is required for construction sites greater than five acres. 57. On-site septic tank and drainfield systems are designed to treat and dispose of domestic wastewater or its equivalent only. Commercial and industrial operations discharging waters other than domestic wastewater to on-site systems may result in ground water contamination and. could cause the facility owner or operator to incur severe liabilities. 58. The owner mus# ensure that any prospective commercial or industrial tenant of a facility served by an on-site septic tank and drainfield system has obtained all necessary approvals and permits from the Department of Ecology or the local health department before assurances of occupancy or permission to modify the terms of occupancy can be given. 59. Prior to commencement of this project, an application must be submitted to BPA for the proposed use within the right-of--way before a Land Use Agreement can be issued. 1n addition, there will be anon-refundable $250.00 fee for the permit review. 60. The decision set forth herein is based upon representations made and exhibits, including plans and proposals submitted at the hearing conducted by the hearing examiner. Any substantial change(s) or deviation(s) in such plans, proposals, or conditions of approval imposed shall be subject to the approval of the hearing examiner and may require further and additional hearings. 61. The authorization granted herein is subject to all applicable federal, state, and local laws, regulations, and ordinances. Compliance with such laws, regulations, and ordinances is a condition precedent to the approvals granted and is a continuing requirement of such approvals. By accepting this/these approvals, the applicant represents that the development and activities allowed will comply with such laws, regulations, and ordinances. If, during the term of the approval granted, the development and activities permitted do not comply with such laws, regulations, or ordinances, the applicant agrees to promptly bring such development or activities into compliance. 15- DECISION: The request for preliminary plat approval of North Tapps Estates is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 14t'' day of November, 2003. STEPHEN K: CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 14t" day of November, 2003, to the following: APPLICANT: Prium Development Company Attn: Matthew Sweeney 8 Tacoma Avenue North Tacoma, Washington 98403 AGENT: Apex Engineering Attn: Dennis Hanberg 2601 South 35t" Street, Suite 200 Tacoma, Washington 98409 OTHERS: Jerry Wakefield 2601 South 35t" St. Tacoma, WA 98409 Phil Bassett 2531 Woodfield Loop SE Olympia, WA 98501 Mary J. Schumacher 1652 S. Winf~ifred Tacoma, WA-98465 Matt Sweeney P.O. Box_ 7935 Tacoma, WA 98406 V.E. (Bud) Mahn 3919 Latona Avenue NE #405 Seattle, WA 98105 Allen & Lillian Benedict 9727 NE Juanita Drive #408 Kirkland, WA 98034 Erin Benedict 1025 184`" Ave. Ct. E. Sumner, WA 98390 Rhonda Porier 145 -105`" Ave. SE Bellevue, WA 98004 Yvonne N. Benedict 1860 NE 201St 5t. Shoreline, WA 98177 D.V. Benedic# 709 - 212"' Place SW Lynnwood, WA 98036 New Home Trends 16504 - 9t" Ave. SE #206 Mill Creek, WA 98012 PIERCE COUNTY PLANNING AND LAND SERVICES PIERCE COUNTY BUILDING DIVIS[ON PIERCE COUNTY DEVELOPMENT ENGINEERING DEPARTMENT PIERCE COUNTY PUBLIC WORKS AND UTIL1TiES DEPARTMENT 16- TACOMA-PIERCE COUNTY HEALTH DEPARTMENT FIRE PREVENTION BUREAU PIERCE COUNTY PARKS AND RECREATION PIERCE COUNTY COUNCIL PIERCE COUNTY RESOURCE MANAGEMENT 1 ~- CASE NO: PRELIMINARY PLAT: NORTH TAPPS ESTATES APPLICATION NOS. 347304, 347306 NOTICE 1. RECONSIDERATION: Any aggrieved party or person affected by the decision of the Examiner may file with the department a written request for reconsideration within seven (7) working days in accordance with the requirements set forth in Section 1.22.130 of the Pierce County Code. 2. APPEAL OF EXAMINER'S DECISION: The final decision by the Examiner may be appealed in accordance with Ch. 36.70C RCW. NOTE: In an effort to avoid confusion at the time of filing a request for reconsideration, please attach this page to the request for reconsideration. 18- RECEII~EI~ AFTER RECORDING MAIL TO: M A R ~ 9 2O ~ ) Matthew L. Sweeney PLANNING DEPARTMENT' PO Box 7935 Tacoma, WA 98406 STATUTORY WARRANTY DEED Grantor(s): Prium Development Company LLC Grantee(s): City of Auburn, Washington Municipal Corporation Legal Description: Parcel A The East Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the W.M ht Pierce County, Washington. Parcel B The West 60 feet of the West Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 Nortlt Range 5 East of the W.M in Pierce County, Washington Assessor's Tax Parcel Number(s): 0520051006 The Grantor, Prium Development Company LLC a Washington limited liability company, for and in consideration of partial fulfillment of the Developer Agreement bebveen Grantor and Grantee dated August 21, 2001, do by these presents warrant, grant and convey to Grantee, City of Auburn, a Municipal Corporation, for the use of the public, dte following described real estate situated in Pierce County, Washington to the same extent and purposes as if the rights granted had been acquired under fire Eminent Domain Statute of the State of Washington, together with any after acquired title therein, to wit: Legal Description: Parcel A The East Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the W.M in Pierce County, Weshington. Parcel B The West 60 feet of the West Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 Nortlt Range 5 East of the.W.M in Pierce County, Washington. IN WITNESS EREOF, said corporation has caused this officers thi; 1a~~~p o~n,,, 200Q, y' NOTAR~y`'~ ~- ',~;=, PUBLIC F~ r ~ ~0_ ~ ~~~ ~ e~ STATE ~F~~~ ) q„tt.t~ttt~t ss) htsttmnent to be executed by its proper COUNTY OF PIERCE ) On this~day of ~~, 200; before me, a Notary Public hi and for the State of Washington, personally appeared Hytm J. Um, Member of Priutn Development Company LLC, personally katown [o me (or proved to me on [ire basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as his free and voluntary act for the uses and purposes mentioned in the instrument. Datedc ("u.P,,.f'{(~~, 200 ~/1G.ct7t.--2 . ~..x~t~--- ~~..~ ~z . s; l vG,r• (print name) Notary Public in and for the Ska ~e of Washington, residing a[_Sl~~-~~--~- ~ My Appohitment Exph~es on Prium Development Company LLC ~~GENVE AFTER RECORDING MAIL TO: ~ A R ~ 9 Z ~.~ I Matthew L. Sweeney Q~N~G ~~p/~T~N1' PO Box 7935 Tacoma, WA 98406 STATUTORY WARRANTY DEED Development Company LLC Grantee(s): City of Auburn, Washington Municipal Corporation Legal Description: Parcel A The East Half of the Northwest Quazter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the W.M ht Pierce County, Washington. Parcel B The West 60 feet of the West Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 Nortlt Range S East of the W.M in Pierce County, Washington Assessor's Tax Parcel Number(s): 0520051006 The Grantor, Prium Development Company LLC a Washington limited liability company, for and in consideration of partial fiilfillment of the Developer Agreemeut between Grantor and Grantee dated August 21, 2001, do by these presents warrant, grant and convey to Grantee, City of Auburn, a Municipal Corporation, for the use of the public, the following described real estate situated in Pierce County, Washington to the same extent and purposes as if the rights granted had been acquired under the Eminent Domain Statute of the State of Washington, together with eny after.acquired title therein, to wit: Legal Description: Parcel A The East Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of-the W.M in Pierce County, Washington. Parcel B The West 60 feet of the West Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 Nortlt Range 5 East of the. W.M in Pierce County, Washington. IN WITNESS EREOF, said corporationhes caused this instrument to be executed by its proper officers thi,`a~~~o~ , 200$: ~~~~,, ~~,,,~,,;~~~~~'., Priunt Development Company LLC NOTAR4"`~yUUU "?' '_ STATE ~F~~~ ) ~ruttitnt~t ss) COUNTY OF PIERCE ) On this~day of ~Gl , 200$ before me, a Notary Public in and for the State of Washington, personally appeared Hyun 7. Utn, Member of Prium Development Company LLC, personally known [o me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and aclmowledged it as his free azid voluntary act for the uses and purposes mentioned in the instrument. Dated:r~(~[(~'~> 200$ ~/~cr~.--2 . St~v~--- ~~~ ~ s~~~ (print came) Notary Public iu and far the State of Washington, residing at_~t~ My Appohitment Expires on ~~CEiVL~ AFTER RECORDING MAIL TO: MAR ~ ~ 2OO7 Matthew L. Sweeney PLANNING pEPARTMENT PO Box 7935 Tacoma, WA 98406 STATUTORY WARRANTY DEED Grantor(s): Prium Development Company LLC Grantee(s): City of Auburn, Washington Municipal Corporation Legal Description: Parcel A The East Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the W.M ht Pierce County, Washington. Parcel B The West 60 feet of the West Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 Nortlt Range 5 East of the W.M in Pierce County, Washington Assessor's Tax Parcel Number(s): 0520051006 The Grantor, Prium Development Company LLC a Washington limited liability company, for and in consideration of partial fulfilhneut of the Developer Agreement between Grantor and Grantee dated August 21, 2001, do by these presents warrant, grant and convey to Grantee, City of Auburn, a Municipal Corporation, for the use of the public, rite following described real estate situated in Pierce County, Washington to the same extent and purposes as if the rights granted had been acquired under fire Eminent Domain Statute of the State of Washington, together with any after.acquired title therein, to wit: Legal Description: Parcel A The East Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Rouge 5 East of the W.M in Pierce County, Washington. Parcel B The West 60 feet of the West Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the. W.M in Pierce County, Washington. IN WITNESS EREOF, said corporation has caused this instrument to be executed by its proper officers this tyal~ ~~ pi ,,,wYV' 200 ~~ aQ~~,,,,,,,,,~i~~`~,F a Prium Development Company LLC ~~ ~,~ y,ON ~ i ~''=~cP ~~a`='p = NOTARY ' - ~=,PUBLiC ~o at ,~~ . 6,,~O~rZp~~~~,p +a~a STATE C7~i~l~~ ) ~Hr,{nttt~ ss) COUNTY OF PIERCE ) On thisay of ~~, 200; before nte, a Notary Public hi and for fire State of Washington, personally appeared H}nm J. Utn, Member of Priurn Development Company LLC, personally krrowu to me (or proved to me ou the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as his free and voluntary act for the uses and purposes mentioned iu the instrument. Datedw ('VU,,.r((~~, 200$ ~- arc-~-- (print name) Notary Public iu and far the State of Washington, residing at_~~ My AppohttmenCExpires on ~~~~~~ AFTER RECORDING MAIL TO: -MAR `~ 9 ZOO7 Matthew L. Sweeney PLANNING DEPARTMENT' PO Box 7935 Tacoma, WA 9$406 STATUTORY WARRANTY DEED Grantor(s): Prium Development Company LLC Grantee(s): Ciry of Auburn, Washington Municipal Corporation Legal Description: Parcel A The East Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the W.M hr Pierce County, Washington. Parcel B ' The West 60 feet of the West Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 Nortlt Range 5 East of the W.M in Pierce County, Washington Assessor's Tax Perce] Nuruber(s): 0520051006 The Grantor, Prium Development Cotnpany LLC a Washington limited liability company, for and in consideration of partial fitlfiliment of the Developer Agreement between Grantor and Grantee dated August 21, 2001, do by these presents warrant, grant end convey to Grantee, Ciry of Auburn, a Municipal Corporation, for the use of the public, the following described real estate situated in Pierce County, Washington to the same extent and purposes as if the rights granted had been acquired under the Eminent Domain Statute of the State of Washington, together wit(r any after acquired title therein, to wit: Legal Description: Parcel A The East Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Rouge 5 East of the W.M in Pierce County, Washington. Parcel B The West 60 feet of the West Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the.W.M in Pierce County, Waslington. IN WITNESS EREOF, said corporation has caused this officers this t ~~~ tl, 200 y'~ ~yOTARy `~ ~= ~;:PUBLIC,r'~ c ,~q~F,,~o. ~ .d;,o~~~ a~: uun~ a STATE ~~~ 4t t i ~ t ~t~9e ) COUNTY OF PIERCE ) instrument to be executed by its proper On this `day of ~[ (~-- , 200; before me, a Notary Public in and for the S tote of Washington, personally appeared Hyrm I. Um, Member of Prium Development Company LLC, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instn~ment, on oath stated that he was authorized to execute the instrument, and acknowledged it as his free and voluntary act far the uses and purposes mentioned in the instrument. Dated4 ~'1/U,,,~'((~~, 200$ (print name) Notary Public in and for the State of Washington, residing at~~ My Appohitrnent Expires on Prium Development Company LLC ~ECENV~E~ AFTER RECORDING MAIL TO: MAR ~ 9 2OO7 Matthew L. Sweeney PLANNING DEPARTMENT' PO Box 7935 Tacoma, WA 9$406 STATUTORY WARRANTY DEED Grantor(s): Prium Development Company LLC Grantee(s): Ciry of Auburn, Washington Municipal Corporation LegaCDescription: Parcel A The East Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the W.M in Pierce County, Washington. Parcel B The West 60 feet of the West Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the W.M in Pierce County, Washington Assessor's Tax Parcel Number(s): 0520051006 The Grantor, Prium Development Company LLC a Washington limited liability company, for and in consideration of partial fulfilhneut of the Developer Agreement between Grantor and Grantee dated August 21, 2001, do by these presents warrant, grant and convey to Grantee, City of Auburn, a Municipal Corporation, for the use of the public, the following described real estate sihrated in Pierce County, Washington to the same extent and purposes as if the rights granted had been acquired under the Emiueut Domain Statute of the State of Washington, together with any after acquired title therein, to wit: Legal Description: Parcel A The East Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the W.M in Pierce County, Washington. Parcel B The West 60 feet of the West Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the, W.M in Pierce County, Washington. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officers this t~pii, 200th ~~~~,,,`, ~~~0'N"'o~n ~~~~`~ ~ Prium Development Company LLC y'~ NOTARy~"~ .~`-PUBLIG.~o ,~ i9~F 14~ ~~~~,~~~}ee~ae STATE t~Fy,~Vl~ rt i t t t'ti~~ ss) COUNTY OF PIERCE ) On this~day of ~~, 200; before trte, a Notary Public in and for the State of Washington, personally appeared Hyuu J. Um, Member of Priutn Development Company LLC, personally lutown to me (or proved to me ou the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as his free and voluntary act for the uses and purposes mentioned in the instrument. Dated:~r[(f~~, 200$ ~o.~. 2 . Sil vf,~ (print name} Notary Public itr and for the Sta ~e of Washington, residing at_~2~ My Appohitmeut Exph~es on1 ~ECENVE~ AFTER RECORDING MAIL TO: BAR 2 9 ZOOI Matthew L. Sweeney PLANNING DEPARTMENT PO Box 7935 Tacoma, WA 98406 STATUTORY WARRANTY DEED Grantor(s): Prium Development Company Grantee(s): City of Auburn, Washington Municipal Corporation Legal Description: Parcel A The East Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the W.M it Pierce Cotuity, Washington. Parcel B The West 60 feet of the West Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 Norllt Range 5 East of the W.M in Pierce County, Washington Assessor's Tax Parcel Number(s): 0520051006 The Grantor, Prium Development Company LLC a Washington limited liability company, for and in consideration of partial fitlfilinent of the Developer Agreement beriveen Grantor and Grantee dated August 21, 2001, do by these presents warrant, grant and convey to Grantee, City of Auburn, a Municipal Corporation, for the use of the public, the following described real estate sihtated in Pierce County, Washington to the same extent and purposes as if the rights granted ltad been acquired under tite Etniuent Domain Statute of the State of Washington, together with any after acquired title therein, to wit: Legal Description: Parcel A The East Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Rouge 5 East of the W.M in Pierce County, Washington. Parcel B The West 60 feet of the West Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section S Township 20 North Range 5 Eest of the.W.M in Pierce County, Washington. IN WITNESS WHEREOF, said cotporetion has caused this itstrutnent to be executed by its proper officers thi,`,~P~~,, 200 `,`~y,,,,,~ "iitie„~~~~1,~~ r- Prium Development Company LLC NOTARy:- :PUBLIC ,•;o 7p 6t ,~'rr~_ ,< STATE ~i ''' ti t~tY" ss~ COUNTY OF PIERCE ) On this `day of ~L~ , 200; before me, a Notary Public ui and for the State of Washington, personally appeared Hyuu 7. Utn, Member of Prium Development Company LLC, personally kttowu to me (or proved to me on the basis of satisfactory evidence) to be the person who executed [his instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as his free and voluntary act far the uses and purposes mentioned in the instrument. Dated: ('w~C(lti~., 200 ~- ~ror~ ~.. St l yG/' (print name) Notary Public it and for the Sta ~e of Washington, residing at_~~R~.jOr4-~-~ ~ My Appoittment Expires on RECEIVED AFTER RECORDING MAIL TO: MAR 2 9 2OO7 Matthew L. Sweeney PLANNING DEPARTMENT' PO Bax 7935 Tacoma, WA 98406 STATUTORY WARRANTY DEED Grantor{s): Prium Development Company LLC Grantee(s): City of Auburn, Wasltington Municipal Corporation Legal Description: Parcel A The East Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the W.M hi Pierce Couuty, Washington. Parcel B The West 60 feet of the West Half of t(te Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 Nortlt Range 5 East of the W.M in Pierce County, Washington Assessor's Tax Parcel Number(s): 0520051006 The Grantor, Prium Development Company LLC a Washington limited liability company, for and in consideration of partial fitlFillment of the Developer Agreement between Grantor and Grantee dated August 21, 2001, do by these presents warrant, grant end convey to Grantee, City of Auburn, a Municipal Corporation, for the use of the public, the following described real estate situated in Pierce County, Washington to the same extent and purposes as if the rights granted had been acquired under the Emhteut Domain Statute of the State of Washington, together with any afler.acquired title therein, to wit: Legal Description: Parcel A The East Half of the Northwest Quarter of t(te Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Rouge 5 East of the W.M in Pierce County, Washington. Parcel B The West 60 feet of the West Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the.W.M in Pierce County, Wasltington. IN WITNESS EREOF, ssayid~corporation has caused this htstrument to be executed by its proper officers thi `I°~~y pi Imo", "°°-"' 2001, `J~~t ~N,,,~,-,~s/('~ Prium Development Company LLC ~~~ o°~ "oa ~'p ~Ltp ,. y'~ ~ OTARy'~'= ~'-PUB IC c'O .~ o a~ .` ~ ',9>~,20~~,c ) STATE C4E ~fIll t-11111 9a) COUNTY OF PIERCE ) On this`2 day of ~[G~ , 200; before me, a Notary Public hi and for the State of Washington, personally appeared Hytw J. Urn, Member of Prium Development Company LLC, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as his free and voluntary act for the uses and purposes mentioned in t(te instrument. Dated: (~/,..r(f~~, 200$ ~/1Ccc.CN--~C.. St~y~-- ~.~t~r~ QZ . Si i vF,i- (printname) Notary Public ht and for the State of Washington, residing at_~1~~-~F~-t- ~ My ApponitmenC Expires on ~ECEIVEC~ AFTER RECORDING MAIL TO: MAR `~ 9 ZOO7 Matthew L. Sweeney PLANNING DEPARTMENT PO Box 7935 Tacoma, WA 98406 STATUTORY WARRANTY DEED Prium Development Company LLC Grantee(s): City of Auburn, Washington Municipal Corporation Legal Description: Parcel A The East Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the W.M ht Pierce County, Washington. Parcel B The West 60 feet of the Weat Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 Norllt Range 5 East of the W.M in Pierce County, Washington Assessor's Tax Parcel Number(s): 0520051006 The Grantor, Prium Development Company LLC a Washington limited liability company, for end in consideration ofpartial fulfillment of the Developer Agreement between Grantor and Grantee dated August 21, 2001, do by these presents warrant, grant and convey to Grantee, City of Auburn, a Municipal Corporation, for the use of the public, the following described real estate situated in Pierce County, Washington to the same extent and purposes as if the rights granted had been acquired under the Eminent Domain Statute of the State of Washington, together with any after acquired title therein, to wit: Legal Description: Parcel A The East Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the W.M in Pierce County, Washington. Parcel B The West 60 feet of the West Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the, W.M in Pierce County, Washington. IN WITNESS EREOF, said corporation has caused this officers this~~~~i~, 200r~ ~~tt ~ ~~ SS~~4 y~N gt'e~~tc'P NOTARY ` = ~'- PUBLIC so F„f1,~~~~~~~ STATE l~Fy~ t ) ~~~~tFit~t't. ss) COUNTY OF PIERCE ) instrument to be executed by its proper On this r ''day of J~~, 200; before tne, a Notary Public ni and for the State of Washington, personally appeared Hyuu 7. Utn, Member of Prium Development Company LLC, personally known to me (or proved to the on the beais of satisfactory evidence) to be the person who executed this instntmeut, on oath stated that he was authorized to execute the instrument, and acknowledged it as his free and voluntary act for the uses and purposes mentioned in ttte instrument. Dated:~(~(~~ 200 G,~~ .~,.,~ t2 ~,! tr(..~ (print name) Notary Public ht and for the Stage of Washnigton, residing at_s1~~r My Appoinhnent Expires on Prium Development Company LLC ~~~~~~~~ AFTER RECORDING MAIL TO: ~AR ~ 9 ZOO7 Matthew L. Sweeney PLANNING DEPARTMENT' PO Box 7935 Tacoma, WA 98406 STATUTORY WARRANTY DEED Grantor(s): Prium Development Company LLC Grantee(s): City of Auburn, Washington Municipal Corporation Legal Description: Parcel A The East Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the W.M hr Pierce County, Washington. Parcel B The West 60 feet of the West Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the W.M in Pierce County, Washington Assessor's Tax Parcel Number(s): 0520051006 The Grantor, Prium Development Company LLC a Washington limited liability company, for and in consideration of partial fitlfillment of the Developer Agreement between Grantor and Grantee dated August 21, 2001, do by these presents warrant, grant end convey to Grantee, City of Auburn, a Municipal Corporation, for the use of the public, the following described real estate situated in Pierce County, - Washingtou to khe same extent and purposes as if the rights granted had been acquired under the Eminent Domain Statute of the State of Washington, together with any after.acquired title therein, to wit: Legal Description: Parce] A The East Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the W.M in Pierce County, Washington. Parcel B The West 60 feet of the West Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20North Range 5 East of the.W.M in Pierce County, Washington. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officers this t~~ ft, 2001~r Prium Develo ment Com an LLC ~~~,``` O pnua~~~~/'~~G P P Y NOTARY " =; ~,=; PUBLIC .•`a ~0 ~ d~ ~ ~a ~~~„in~pA~~ e~ STATE C4Fi~1~~~ ) ~nnMttt'tt ss) COUNTY OF PIERCE ) On thisday of ~Ll , 200; before me, a No Lary Public in and for the S tare of Washington, personally appeared Hyuu I. Utn, Member of Primn Development Company LLC, personally larowu to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as his free and voluntary act for the uses and purposes mentioned in the instrument. Dated:~~(/ti~ , 200 C.~ror~ `2 St (vC,i' (print name) Notary Public hr and for the Sta>;e of Washnigton, residing at ~ My Appohitment Expires on ~ECENVE~ AFTER RECORDING MAIL TO: MAR `~ ~ ?()~~ Matthew L. Sweeney PIANNfNG DEPARTMENT' PO Box 7935 Tacoma, WA 45406 STATUTORY WARRANTY DEED Grantor(s): Prium Development Company LLC Grantee(s): City of Auburn, Washington Municipal Corporation Legal Description: Parcel A The East Half of the Nortltwest Quarter of tIte Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the W.M hi Pierce County, Washington. Parcel B The West 60 feet of fire West Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 Nortlt Range 5 East of the W.M in Pierce County, Wasltingtoa Assessor's Tax Parcel Number(s): 0520051006 The Grantor, Prium Development Company LLC a Washington limited liability company, for and in consideration of partial fitlfillment of the Developer Agreement between Grantor and Grantee dated August 21, 2001, do by these presents warrant, grant and convey to Grantee, City of Auburn, a Municipal Corporation, for the use of the public, the following described real estate situated in Pierce County, ' Washington to the same extent and purposes as if the rights granted had been acquired under the Eminent Domain Statute of the State of Washington, together with any after.acquired title therein, to wit: Legal Description: Parcel A The East Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20 North Range 5 East of the W.M iu Pierce County, Washington. Parcel H The West 60 feet of the West Half of the Nortltwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 5 Township 20Nordt Range 5 Eest of the.W.M in Pierce County, Washington. 1N WITNESS EREOF, ssayyid~~corporation has caused this instrument to be executed by its proper officers th`taL~~~ri f,,f`~'°`~' 200$, i~ ~ ,,,,,,,~~ ~ Prium Development Company LLC J AV~T ~ - NOTARY = ~;; PUBLIC o STATE C1Fi~1''ig'N ) ~~inriitt~~ ss) COUNTY OF PIERCE ) On this~day of ~L!, 200; before me, a Notary Public in and for the S fate of Washington, personally appeared Hyun 7. Utn, Member of Prium Development Company LLC, personalty known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as his free and voluntary act far the uses and purposes mentioned in the instrument. Dated: ~/,..~(~, 200$ (print name) Notary Public in and for the Sta ~e of Washington, residing at_~~~~-~E~-t- ~ My Appointment Expires on