Loading...
HomeMy WebLinkAboutITEM VIII-B-3* CI7'Y OF_. - ~ ~ AGENDA BILL APPROVAL FORM WASH(NGTON Agenda Subject: Resolution No. 4456 Date: Februa 23, 2009 Department: Attachments: Budget Impact: Parks, Arts, & Recreation Resolution No. 4456, Easement and $ 0 Ma s Administrative Recommendation: City Council adopt Resolution No. 4456 Background Summary: The Valley Regional Fire Authority ("VRFA") is constructing a new facility at 500 182nd Ave E known as the Lakeland Fire Station #33. As part of the construction requirements, improvements will be made to the Pierce County roads fronting the property. Pierce County requires that stormwater runoff from the road improvements be managed in a stormwater facility owned by the City of Auburn. The proposed easement sets out the rights and responsibilities regarding stormwater runoff from the road and associated road improvements between the County and the City. The proposed easement also sets out the rights and responsibilities related to stormwater on the facility site between the City and VRFA under a separate agreement. R0302-3 A3.13.2, 02.7 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMIl-fEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner Z Municipal Serv. ❑ Finance Z Parks ❑ Human Services 0 Planning & CD 0 Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other 0 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: Faber Meeting Date: March 2, 2009 Item Number: VIII.13.3 AUBURN * M(JRE THAN YOU IMAGINED RESOLUTION NO. 4456 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A STORM DRAINAGE EASEMENT FOR PIERCE COUNTY WHEREAS, the Valley Regional Fire Authority ("VRFA") is constructing a new facility known as the Lakeland Fire Station #33, which construction requires improvements to the Pierce County ("County") roads; and WHEREAS, as a condition of construction of these road improvements, Pierce County requires the stormwater runoff from those road improvements be managed in a stormwater facility owned by the City of Auburn ("City"); and WHEREAS, the proposed easement sets out the rights and responsibilities regarding stormwater runoff from the road and associated road improvements befinreen the County and the City; and WHEREAS, a separate agreement sets out the rights and responsibilities related to stormwater on the facility site between the City and VRFA; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to grant a Storm Drainage Easement in substantially the same form as at Exhibit A to Pierce County. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legistation. Resolution No. 4456 February 23, 2009 Page 1 of 2 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 2009. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APP VED TO FOR : IL iel B. Hei -,-C~ity ttorne Resolution No. 4456 February 23, 2009 Page 2 of 2 NEW FI RE S TA TION 33 A PORTION OF SE 1/4 OF THE NE 1/4, SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST, W.M. PIERCE COUNTY, WASHINGTON 0 100 200 I ` ~ SCALF- V I r\fi CONSTRUCTION NOTES: 1. THE CONTRACTOR SHALL NOTIFY ENGINEER IN THE EVENT OR DISCOVERY OF UNSUITABLE SOILS, OR OISCREPANCIES FROM iHE PLANS AND EXISTING CONOITIONS. 2. NO PROP0.SED SITE OR OFFSITE SIDEWALK OR HANDICAP RAMP . SHALL EVER HAVE A CROSS SIOPE OF LESS THAN 0.5 PERCENT (ONLY THAT MINIMUM IN RARE CASES) NOR MORE TNAN 2.0 PERCENT. 3. NO SITE SIDEWALK SHALL EVER HAVE A LONGINDINAL SLOPE OF LESS THMI d.5 PERCENT, NOR MORE THAN 2.0 PERCENT, BECAUSE IF R DOES, IT IS DEFINED BY HANDICAP COOES A HANDICAP RAMP. 4. NO HANDICAP RAMP SHALL EVER HAVE A LIXJGITUDINAL SLOPE Of LESS THAN 0.5 PERCENT (ONLY lHAT MINIMUM IN RARE CASES). 5. NO HANOICAP RAMP SHALL HAVE A SLOPE MORE 7NAN 2.0 PERCENTUNLESS: A IT IS THEN AT OR LESS THAN A SLOPE OF 5.0 PERCENT If IT H~IS NO HANORAILS, AND THE RAMP ALSO HAS 30 INCHES VERTICAILY MA%IMUM BETWEEN IANDINGS OF AT LEAST 5.0 . FEET BY 5.0 FEEf THAT ARE AT NO MORE THAN 2.0 PERCENT SLOPE, OR 8. IT IS THEN RT OR LESS THAN A SLOPE OF 8.33 PERCEM (72H T01V) WITH HANDRAILS, AND THE RAMP ALSO HAS 301NCHES VERTICALLY MAl(IMUM 6ETWEEN IANDINGS OF AT LEAST 5.0 . FEET BY 5.0 FEET THAT ARE NO MORE THAN 2.0 PERCENT SLOPE. 6. HANDICAP PARKING STAILS, AND THE LOPOING AREAS BEM'EEN THE STALLS SHALL HAVE ASLOPE OF NO LESS THAN 1.0 PERCEM IF CONCRETE (ONLVTHAT MINIMUM IN RARE CASES), OR 1.0 PERCENT AND Np MORE THAN 2.0 PERCENT ON ASPfWLT. 7. ALL CURBS, EXCEFT WHERE TRANSITIONING AT RAMPS, SHALL BE EITHER 2ER0 HEIGHT, OR 6 INCHES IN HEIGHT, UNLESS SPECIFICALLY CALLED WT ON THE PLANS TO BE SOME DIFFERENT HEIGHT. 8. LANOSCAPE SLOPES SHALL N0T BE LESS THAN 2.0 PERCENT, NOR MORE THAN 3H T01 V. 9. IF ANY ITEMS OF P0.5SIBLE CULTURAL OR HISTORIC SIGNIfICANCE ARE ENCOUNTERED OURING CONSTRUCTION AGSIVITIES, WORK SHALL BE HALTED IN AN AREA IARGE ENOUGFi TO MAINTAIN INTEGRIlY AND THE CITY AND THE STATE OFFICE OF ARCHEOLOGY AND HISTORIC PRESERVATION ANO THE MUCKlESH00T TRBE SHALL BE IMMEDIATELV CONSULTED. 1 After recurding return to: ('ierce County Plaitninb and Land Services Depanment Development Engineering Division 2401 Sout6 35ih Sueek Tacoma, WA 98409 srriiz FileName,Q-~~..r~ ()a~~~ `Fiu Applicatinn No. ~ H q I o a P.C.D.E. File No. 15-- t-a f A STORM llItAINAGE EASEMENT FnR PUI3LIC STORMWATER RUNOFF (I?ISCIIAIZGE)1"O (RCPRLSGNTATIVC) ror purposes of this agreemcnl and for indexing Uy the Auditor asrequired by R.C.W. Ch. 65:04, the parties to ihis agreement are: o t- D W A- , tlieirlits lieirs, SUCCCSS01'S, or assi6ns, hereinaRer Grantor, 8Ad'"the Grantee" "PICPCC COUritY," UI "~,'OLIIty." aEciTALS: Whereas, Grantor is the ciwner oi'real property as described below (hereinafter referred to iis the "Private Sturmwater Fflcitity") in Picrce County, Washington. LC:GAL 17ESCR(P11ON Qt' PROPER'IY: (Abbreviuied legnl description if complete legal will not tit here and rei'erence to where complcte legal can be found.) Assesscrr Parcel No. (s) O 5 2 DO S 1_0 5a Whereas, Grnntor is required by the I'ierce CounYy Development Regulations to make certain road .,.~im roven'gnts that accommodate stormwater runofffrom the public road known as ,%'I'=~'sa: E 1~a~ Ct ve. e (hereinAfter referred to as t'ubiie Roacl). A brief description oF lhe improvc,nenis is us follows; S%&w-lk a l~~;swt +o aeo0w,6Q..4 4e uc„a 6..~o„Q F~l~c.-S~a~.a..-~;3~ a~l~^wla~-'~~H9~oa. I21::PR.FiSGN'1'A'PIVE S'I'ORM ARAIAlAGL EASfiM4N11llOC Pnge of S Whereas, Grantor agrees to receive dhe stormwater runotf i'rom the Public Ruad into the Gruntur's'Private Storn►water Fncility in response to the above development requirement. Whereas, Grantor's property will Ue burdened hyreceiving adcJitionai stormwnter from lhe 1'ab11c Road, and it will be beneGted by having Additional land to develop. Whereas, Grantor will be solely responsible for aperflting, maintaining and repairing all components of the I'rivfitc Stnrmwater Facility per the approved and acceptecl maintenancc plan. NOW'I'HEREFqIZL,1'or aiid in consideratiun of niutual benefits und in further consideration nf'the general pubfic welfarre and of the peculiar otid special benefits to accrue therefroin, tuid in consicleration of khc per•formance by Grantee afthe covcnzunts, ter►iis, and condilions lieceinafter set i'orth, Grantor anri Grantee a6ree as Poltows: 1. PerpetuAl rasement. Granlor(s), ics heirs, its successors and assigns, gran[ to Grantee, its appointed and elected officers, employees, and agents, a perpetual and assignable easement witlt the right of immediate entry and continued access for the purpose of inspecting the Private Stonnwater Facilify and Allowing stormwuter to tlow fi•oin the Public Roud into the I'rivate Stormwater Taeility over, under f►nc1 across the property cieScribecl onpage l. ,Additinnally, Hll rights, title and _privileges graated under this easement, includiiig the benefits and vurdens, sliall run with the land and shall be Uinding upon and inure to the parties hereto, ttieirreNpective heirs, deviSees, executors, administratvrs, grantees, assigns and successors in inlerest. 2. Costs of Construction and Mxintenunce of thc Private Stormwuter Facility. Grantor(s) shatl bear all casts, expenses, and risks arising out of or in any way relating to tlle inspectiou, construction, operation, maintenlnce, and repair of the Privute Stm•imvater Facility.. Grantor is lully rcSponsible for construccing, operating, maintaining atid repairing this drAinagc system that ctosses the prqperty described on page 1. Grantor responsibilities shnll also include but not Ue limited Yo: u. Clearing culverts in Grantur's stormwater drainage system. b. Grantor is responsible Por the acieqtiacy ol'the stormwater draina6e: system dcsi6n. c. Uiantnr is responsible for coutrolling the stonrlwater runoff that will be created by tlle clevelopment. il: 7'he drainage course c;rossing this plat slinll be retained And kept free And apcn to pass starmwater runoff throubli this or firiure suUdivisions. 1Fupon inspection by Grantec, tiie storm drainage system is not being properly maintnined or repaired, Grantee shall niake the necessary repairs and all erpenses ('or those repairs or maintenance shall be paicl by Grantor. 3. lndemniGcation sind I-lold liarmless. '1'he Grantor agrces tc> defend, indemnify aiyd save harmless Grzntee, iks atppointed anci elected of#icers and enrployees, f'rom and against all lusses ancl exPense, including but not limiled tp judgntents, settlements, atloruey fees tind cnsts bv reuson o('any cmd all c(aims and demancls upon the County; its elected or nppoitited of'ficials or einployees Tor clamages because of personal or bodily injury, inclucling deaili at any time resGdting therefraln, sustained by any person or persqns and on account of'dunia&e to property including loss of use titereof,lrising out of llie granting of this easement or the exercise of ilie riglits granted to Grantee, whather such injury to persons or damage to property is due to the negligence of the Grantor, its or their employees orabents, Crantee, its appointed or electecl ofTictrs, or its employces or agents, except only such injury or damage as shall liave been occasio»ecl by the sole negligence of the Grantec, its appointed or elected officials or employees ar agcnts. If'the claim, suit, or action Por injuries, death, or damages tas pravided for in the precccling Pijra6raph nE'this cootract is causcd by or results from tlte concunent negligence of (a) the Urantor qr lhe C;rcuttor's agents ar employees, and (6) tlie Grantee or the Granlee's agents ar employees, the indemnity prouisinns pmvided Por in the preccding paragruph of t1tiY contraet shall be valid and entorceabte only to the extent ol'Grantor's negligence. RLI'ftf:SliNTATIVG STORM DRAINAGE GASI:MI:N'12DOC 1'obe a of 4. Relense fur I+loosiing or Water Quitlity Issucs of ['roperty. GrAntor, its successors vid assigns hereby releasc and hold Grantee.}innless from any and all liability or damage riused by the storm water Ilow or water quality across thc property clescribed on page l, which may arisc in 1ny manner whatsoever. 5. Succcssors and Assisns. The ribhfs and obligations oi'the Grnntor and Granfee as set fartli in this flgreement is binding upon and shall inure ta the benefit of its/their respective successor(s) and assig»(s), aiid the appointed or eleeted otf cials, agcnts, nnd einployees thereof; subject to the followinb condition: Grantee shall no[ assign its righls hereundar without the prior written consent of Grantor, wliich consentshall not be unreusonably withheld. No assignment oC the privileges mad benef ts inuriiig to Grantee or assignment oFthe obtigacions or liabilitics of Gracrtee, whether by operation of law or alhenvise,;5hall be valid witUout'the priar Nvritten consent of GrFintor, which consent shall nnt be utireasonably witlilield. 6. Cumplianee wikh Lativs aasl ltules: Urantee shAll comply witli all environmental permits, rules and regulations, and any other applicable statutes; rules, regulatians whetlier fedtral, state, or ntunicipal, relalinb to the I'rivate Stormwnter Facili#y. 7. 14oticc. Any notice pcovided 1'ur or concerning this agreement shall be in writing and shall be deemed given when senl vy certified or registered mail if sent to the respective address oCrach Party as set forth below. 'I`0 G1'dlttpl': ►"~.~':c. W!oV,~u ~;ts~ker t 1F r IrrN . ~ f tt ~ ~ A.~w y}rsa'~ 7'a Grantee. I'ublic Works, Uirector I'.ierc;e County Public Works nnd Utilities 2401 S. 35th, Room 150 Tacoma, WA 98409-7485 8. Clinice of LAw, Jurisdiction And Venue. 'fliis agreement shall be govenied by, consirued, and enf'urccd in uccordance wifli the luws and reguluCions ciPthe Unifed Slales, tlie State oJ' Washington, und the qrdinAnccs of thc Pierce Caunty. The venue ofany uction arising out of or in aray way relating to Uiis agreement, or the Project, shnll be in the Superior Gc>urt of I'ierce County, Washinblov. 9. No Wiiiver; `I"he failnre of eitlaer Gttuntor or Gruntee to insist upon the performance o#` any of thc terms and conditions'of this agreemeni, gr the waiver of any breach of any of the terms and conditions of this agreement, shall not be canstrued as thereafter waiving any such terms and cunditions, but the sarne shali continue nnd remain in full force and effect 1s if na such forbearance or waiver had occuned. 10. Attorney Tees nnd Custs. in the event of any controversy, claiin, or dispute arising out of or in any way relating to this agreement or its brcach, the prevailing party shall be entilled tt> recavct its cost and reasonable Attorney fees. 11. E1'fect of Pxrtial Invalidity. 'fhe invalidity of any Porcion oPthis agreemetlc witl noc ancl shall not be cleemed to uff'ect the valirlity oCHny otlier provision. In the event that any other portion of ihis agreement is held to be invalid, ihe parties agree thF+c lhe remaining provisions shall be deerned to be in fidl force und effect as if they had been executed by hoth parties subsequcnt ta the expungement o#'tlze invalid provision, 12. Entire Agrceincnt. 17iis agreement shall constitute the entire agreement betwcen the parties ancl any prior oral understanding or representation of any kind precedin6 tlre date of [llis agreement shall not be binding upnn either party eYCept to the extent incorporated in this agrecment. RI.iPRL?SEN'I'ATIVf.: S"fORA4 nRAWAGE EASf:Mh.:N"131)OC I'age 3 of ~ 13. Modificntiun of Agreement. Any modificatinn of this agreement or additional obligntion assumed by either party in connection with this agreement shall be binding only ii' evidenced in writing signed by each parly or an authorir.ed representative ai' each party. 14. Authurization to Sign. 7'he parties hereto each represent andwarrant that all necessary signatures and consents to enter this agreemenUeasement and to assume and perform tlic obligations bereunder have been duty and properly obtained. 15. Cuvensints Itunning witli the Laind. "I'he above covenants anil Agreements arc covenairis ninning with. llie ]und binding the Grantor and Graiitee, dieir heirs, devisees, executors, Hdministrators, grantecs, assigns and successors in interest. Signrlture Signature Signtiture Adclress nddress Address lip "Lip S'['ATL UP WASIlING'I'QN ) ) ss. County of:l'ierce ) Lip 1 certily Uint I know or have satisractory eviclente that is the person who oppearecl beiore rne, and stiid rerson acknawledged that (he/she) signeil t}iis instrument, on oath stated thaf (he/she) w1s zwtharizecl ta esecute the instrument and acknowledged it ns the UP to be the Cree and voluntary act af suctr,party for the uses and purposes mentionetl in the inslrument DA'I'f?D this day ol' , 20 Signatiue t'rint Name "Citle MyAppointment I:xpires Al'I'ROVIin as to f'orm only; Accepted tiy: Picrce County Prosecuting Attorncy I'ierce County 13xecutive Date Rl;:l'Rf.•SEN'I'ATIVG STORM UftAINAGC GA3CMCN74pUC Page 4 of 5 Attachment 1 to Storm Drainage Easement for Public Stormwater (Discharge) to Lakeland Fire Station #33 Legal Description Those portions of Section 5, Township 20 North, range 5 East, Willamette Meridian, Pierce County, Washington described as follows, The North half of the Southeast quarter of the Northeast quarter excepting therefrom: the East 30.00 feet thereof conveyed to Pierce County within deed recorded under A.F.N. 2277811 and also ezcepting therefrom any portion conveyed to El Paso Natural Gas Company by deed recorded under A.F.N. 2410280. Also: The Northeast quarter of the Southwest quarter of said Northeast quarter the North half of the Southeast quarter of the Southwest quarter of the Northeast quarter, the Southwest quarter of the Southeast quarter of the Southwest quarter of said Northeast quarter Except any portion of the above described subdivisions lying southerly and westerly of the following described line: commencing at the Southwest corner of the Southeast quarter of the Southwest quarter of the Northeast quarter of said Section 5, thence North 03'05'14' East 468.44 feet along the West line of said subdivision to the point of beginning: thence south 15'16'27 East 119.38 feet: thence South 12'17'54' East 179.43 feet to the Northerly line of Lake Tapps Parkway right-of- way: thence north 89'09119 East along said northerly line 101.63 feet to the east line of the Southwest quarter of the Southeast quarter of the Southwest quarter of the Northeast quarter of said section, being the terminus of this line description. 2/20/09 Page 5 of 5