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