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RESOLUTION NO. 3 9 5 2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING A
PRELIMINARY PLAT APPLICATION FOR A 173 LOT
RESIDENTIAL SUBDIVISION KNOWN AS RIVER
SAND AND A PLAT MODIFICATION WITHIN THE
CITY OF AUBURN, WASHINGTON
WHEREAS, Application No. PL T04-0006, dated April 14, 2004, has
been submitted to the City of Auburn, Washington, by Rob Purser on behalf of
Centex Homes, requesting preliminary plat approval for a 173 lot Single-Family
and Multiple-Family Residential subdivision known as River Sand; and
WHEREAS, said request referred to above was referred to the Hearing
Examiner for study and public hearing thereon; and
WHEREAS, pursuant to staff review, the Hearing Examiner conducted a
public hearing to consider said application in the Council Chambers of the
Auburn City Hall on August 16, 2005, of which the Hearing Examiner
recommended that there is not enough information to make a written
recommendation on the request for approval of the rezone to PUD and approval
of the preliminary plat. For this reason, the Hearing Examiner recommends that
the requests be remanded to the Planning and Community Development
Department to allow the Applicant to submit the following additional information:
1. A plan to provide more definite information on a second general access
for the proposed access that complies with Comprehensive Plan Policy
TR-13. The plan should be more certain than the plan presently
submitted by the Applicant.
Resolution No. 3952
November 29, 2005
Page 1
2. A traffic impact analysis that addresses the binding site plan (PUD
Exhibit 11), and addresses the different access scenarios that could
occur.
3. Current traffic level of service information to ensure the proposed project
complies with Comprehensive Plan Policies TR-17 and TR-18.
4. A reconfiguration of dedicated park land such that Tracts A through G
are not considered dedicated park land.
The Hearing Examiner recommendation also states that if the information is
submitted to the satisfaction of the Planning Director, the Hearing Examiner will
re-hear those portions of the application. If the Applicant is unable to submit the
information to the satisfaction of the Planning Director, the Hearing Examiner
recommends that the requests for plat and PUD be denied; and
WHEREAS, at its regular meeting of November 7,2005, the City Council
voted to conduct a closed record hearing on the Hearing Examiner's
recommendations; and
WHEREAS, a closed record hearing was held November 18, 2005, at
which time the City Council considered the Hearing Examiner's
recommendations and the material presented to the Hearing Examiner after
which the Council voted to approve Application No. PL T04-0006 with the
conditions recommended by staff as well as two additional conditions to
eliminate lot number 169 lot and re-orient lots 167 and 168 to front onto P
Street NE and to provide physical features to define the separation between the
Resolution No. 3952
November 29, 2005
Page 2
tracts containing the linear trails and the adjacent lots as approved by the Parks
Director.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The following Findings and Conclusions are herewith
approved and incorporated in this Resolution.
Section 2. The request for preliminary plat approval and a plat
modification to reduce the amount of park land dedication for a 173 lot Single-
Family and Multiple-Family Residential subdivision known as River Sand within
the City of Auburn, legally described in Exhibit "A" attached hereto and
incorporated herein by this reference, is hereby approved subject to the
following conditions:
1. Lot No. 169 shall be eliminated and Lots No. 167 and 168 shall be re-
oriented to front on the plat's internal public street identified as "P Street
NE" and the adjacent access tract shall be eliminated.
2. Prior to Final Plat approval the Applicant shall submit a plan for review
and approval by the Parks Director to provide a separation, using such
features as short fences, rockeries and mow strips, between the
residential Lots 1-34, Lot 68 and the adjacent dedicated park land tracts,
(Tracts B, D, and F). The requirement to maintain the separation shall
also be addressed by the required legal instrument setting forth the
permanent care and maintenance of open spaces and park land.
3. Prior to final plat approval, the Applicant shall secure JARPA approval
from the Army Corps of Engineers to relocate the north-south drainage
ditch and associated easement located within the western one-third of
the site as shown on the plat.
4. The Applicant shall submit a legal instrument setting forth a plan or
manner of permanent care and maintenance of open space, recreational
Resolution No. 3952
November 29, 2005
Page 3
areas, private roads, park land, and other communally-owned facilities.
No such instrument shall be acceptable until approved by the city
attorney as to its legal form and effect. Common spaces shall be
guaranteed by a restrictive covenant describing that the space, its
maintenance, and improvement are appurtenant to the land for the
benefit of the residents of the planned unit development and adjoining
property owners. The final plat shall grant easements to the City of
Auburn in all private open space and park land tracts so that the City
may perform maintenance in the event of improper maintenance by the
homeowners' association. All maintenance shall adhere to City of
Auburn standards.
5. Prior to final plat approval, traffic calming devices shall be financially
guaranteed for installation on 50th and 51 st Streets NE. Traffic calming
methods and design must be approved by the City Engineer prior to final
plat approval.
6. Prior to issuance of construction approvals, the Applicant shall prepare a
sight distance plan for review and approval by the Planning and Public
Works Directors. The plan shall document the sight distance triangles at
all intersections and corners and shall define measures to ensure
maintenance and protection of sight distances within lots and tracts,
including easements. This may result in minor changes to the plat
design to ensure that all applicable requirements are satisfied.
7. The Applicant shall prepare a Final Landscaping Plan that demonstrates
that all landscaping in the public rights-of-way, storm drainage tracts, and
open space tracts conform to City standards. The plan must
demonstrate conformance with standards for acceptable tree types and
root barriers, etc., and must also show coordination with utility and road
improvements. The plan must also include maintenance and conform
the standards in ACC 18.50.070. The Applicant shall provide root
deflection devices or similar mechanisms for all trees planted within five
feet of curbs, sidewalks, or pavement to ensure mature trees does not
contribute to pavement deterioration. Care should be taken by the
Applicant to account for individual lots' ingress and egress when defining
the location of proposed street trees. The landscaped median of "M"
Street NE shall be the responsibility of the homeowners' association and
be included in the landscaping maintenance plan. The plan must be
approved by the Planning Department prior to final plat approval.
Resolution No. 3952
November 29, 2005
Page 4
8. In order to meet subdivision requirements of ACC 17.12.260 related to
dedication of recreation land and based on the submitted preliminary
plat, the applicant shall either;
a. Dedicate 4.85 acres of land generally in the location identified as
Tracts 0 & P on the Preliminary Plat, by DBM Engineers, dated
5/25/05 and in a configuration acceptable to the Parks Director;
or,
b. Alternatively, the City will accept the lesser dedication of 4.0 acres
within the areas identified as Tracts A-G, 0 & P on the Preliminary
Plat, by DBM Engineers, dated 5/25/05 The remainder of the
required land (0.85 acres) to meet the recreation land dedication
standard shall be in the form of a voluntary agreement with the
City, acceptable to the City of Auburn Parks Director, to provide a
fee-in-lieu of dedication estimated to be the amount of
$141,312.50. The estimated calculation is based on the currently
proposed 287 dwelling units and a formula of: community parks
development cost of ($166,250.00 per acre) X 0.85 acres. The
actual amount shall be paid prior to final plat approval for each
phase, shall be based on the number of units / lots proposed for
each final plat application.
9. The linear trail Tracts A through G, as identified on the Preliminary Plat,
by DBM Engineers, dated 6/28/05 shall be maintained by the developer
and/or the home owner's association as a condition of the final plat. The
maintenance schedule and responsibilities shall be identified in the
CCR's whose language shall be reviewed and approved by the Parks
Director prior to final plat approval and recording. A maintenance
easement shall be provided on the final plat.
10. The developer agrees to and shall be responsible for construction of a
play area featuring a minimum of nine (9) play events to accommodate
over thirty-five (35) children. In a space whose minimum fall zone is
1,050 square feet, 1/2 basketball court, irrigation system, and
landscaping in Tract O. The materials supplied and installed must meet
the current Park Department standards as supplied by the Parks Director
prior to installation and final plat approval.
11. As part of the engineering/construction drawings that are typically
submitted for construction of the subdivision there shall also be
submitted engineering/construction drawings for the construction of park
improvements in Tract "0". The park improvements shall be approved
Resolution No. 3952
November 29, 2005
Page 5
by the City of Auburn Parks Director prior to the approval of the
construction drawings for the plat. The materials supplied and installed
must meet the current City Parks Department standards and be
approved by the Parks Director prior to installation and final plat
approval.
12. To address the impacts from the project's new impervious surfaces, the
Applicant shall comply with one of the following prior to final plat
approval:
a. Storm drainage facilities shall be constructed on-site to limit the
off-site discharge for the post-developed 100-year flow to less
than 7.2 cubic feet per second (cfs). 7.2 cfs is the capacity of
downstream culvert number four that would be overwhelmed from
the storm water generated by the project in the event of a 100-
year storm and saturated ground. Culvert number four is a 24-
inch storm drainage culvert located within the King County right-
of-way of 86th Avenue South approximately 800 feet north of 86th
Avenue South's intersection with South 277th Street.
b. The Applicant shall secure approvals from the appropriate
agencies for replacement of downstream culvert number four.
The replacement culvert must have a minimum capacity of 93
cubic feet per second to correspond with the combined capacity of
the tributary culverts located upstream. Culvert number four is a
24-inch storm drainage culvert located within the King County
right-of-way of 86th Avenue South approximately 800 feet north of
86th Avenue South's intersection with South 277th Street.
c. The Applicant shall secure approvals from the appropriate
agencies to provide an alternate downstream storm drainage
route terminating in the Green River. The Applicant shall
demonstrate to the satisfaction of the City Engineer that the
alternate drainage route has adequate hydraulic capacity to
convey the post-developed 100-year flow with saturated ground
prior to construction authorization. The Applicant shall
demonstrate to the satisfaction of the City that the alternate
drainage route would have no adverse environmental effects.
13. Pedestrian/ornamental street lights shall be installed by the Applicant
along the interior streets and sidewalks of the plat. The style of the lights
shall be consistent with City standards or be an ornamental style similar
to the "Whatley, Washington Series 405 fluted fiberglass pole with acorn-
Resolution No. 3952
November 29, 2005
Page 6
style post-top fixture" as submitted in the preliminary plat application.
The City Engineer shall review the spacing and location of the lights to
ensure that adequate lighting is provided along the surface of all streets
and any adjacent sidewalks.
14. Home designs shall be consistent with the drawings entitled "Multiple
Family Housing Elevations and Floor Plans," and "Single Family Housing
Elevations and Floor Plans," both dated March 11, 2004 as submitted as
part of the preliminary plat application. Home exterior colors shall be
consistent with "Color Palette, Homescapes, Sherwin Williams, 2002," as
submitted as part of the preliminary plat application, except that the
"Bright and Bold" color scheme shall not be used.
15. The final landscape design shall be generally consistent with the
preliminary landscaping plan as submitted by the Applicant as part of the
preliminary plat application. The project will also require furniture in the
open space areas, and coordinated fencing and entrance signs. Bench
furniture and fencing shall be generally consistent with those designs
submitted as part of the preliminary plat application. Furniture and
fencing shall be of consistent design and material throughout the project.
Any entrance signs shall be a low monument style with landscaping
accents. The number of signs, their style, placement, and landscaping
shall be approved by the Planning Director prior to final plat approval.
16. The Applicant has proposed that Lots 1 through 67 shall be accessed
only through an alley. The final plat shall include a requirement that Lots
1 though 67 shall be developed as alley-loaded lots unless the Applicant
documents and demonstrates to the satisfaction of the Planning Director
that market demand for this housing style does not exist. In the event
that a lack of market demand is sufficiently demonstrated, a reduced
number of alley-loaded lots will be required for Lots 35 through 67 only.
17. Prior to the issuance of clearing and/or grading permits subsequent to
permit No. GRA04-0025 issued August 27, 2004, the Applicant shall
furnish the City of Auburn City Engineer and appropriate City of Kent
staff person with a proposed haul route and schedule for hauling soil
material to and/or from the site for review and approval by both entities.
If, in the opinion of the city representatives, such hauling will adversely
impact the street network, hauling hours may be coordinated and limited
to appropriate off-peak hours or alternative routes. The haul route plan
shall also include a traffic control plan for approval by the City of Kent
and the City of Auburn. The Applicant shall submit a Haul Route Plan
Resolution No. 3952
November 29, 2005
Page 7
prior to Phase I final approvals to avoid any traffic impacts generated by
truck trips during the construction and grading phases.
18. The recommendations of the geotechnical report "Geotechnical Report
River Sand "I" Street NE and South 277th Street," by Terra Associates,
Inc., dated February 4, 2004 (attached as Plat Exhibit 19) and/or other
subsequent site specific soils or geotechnical reports shall be
incorporated into clearing, grading, and other appropriate construction
plans subsequent to permit No. GRA04-0025 issued August 27, 2004, as
determined by the City Engineer. Special consideration shall be given to
the recommendations for storm pond design identified in the
geotechnical report.
19. The Applicant's grading plans subsequent to permit NO. GRA04-0025
issued August 27, 2004 shall be prepared in conjunction with and
reviewed by a licensed geotechnical engineer. The geotechnical
engineer shall develop and submit, for the City's review, specific
recommendations to mitigate grading activities giving particular attention
to developing a plan to minimize the exposure of on-site soils and
address grading and related activities during wet weather.
20. A licensed geotechnical engineer shall monitor on-site rough/preliminary
plat grading activities subsequent to permit No. GRA04-0025 issued
August 27, 2004 to ensure that the recommendations of the preliminary
geotechnical report and any additional conditions or requirements are
implemented. Based on recommendations of the geotechnical report,
the geotechnical engineer should review final design and specifications
to verify that earthwork and foundation recommendations have been
properly interpreted and implemented in the project design. The
geotechnical services to be provided during construction are to observe
compliance with the design concepts, specifications, and geotechnical
report recommendations.
21. Upon completion of rough grading and excavation, a geotechnical
engineer shall re-analyze the site and determine if new or additional
mitigation measures are necessary. If warranted, a revised geotechnical
report shall be submitted to the City of Auburn for review and approval by
the City Engineer.
22. Prior to the placement of fill in addition to that authorized by permit No.
GRA04-0025 issued August 27 2004, the City Engineer shall approve
the source of the imported fill material for all structural fill and other fill
activities. Compaction monitoring and testing shall be required for all fill
Resolution No. 3952
November 29, 2005
Page 8
areas, both structural and non-structural for City review. Compaction
reports for structural fill shall be provided to the City Engineer for review
prior to acceptance.
23. Prior to issuance of grading permits subsequent to permit No. GRA04-
0025 issued August 27, 2004, a wetland hydroperiod analysis shall be
submitted to the City for review and approval. The analysis shall include
a pre-developed analysis of the existing hydrologic volume tributary to
the wetlands, and post-developed volumes from tributary areas directed
to the wetlands. A wetland biologist shall be consulted to verify the
appropriate hydrologic support necessary to maintain existing wetland's
function and value. If augmentation is warranted to reduce or avoid
impacts, rooftop drainage or other acceptable means can be directed to
the wetlands at a volume approximating existing conditions to maintain
hydrologic support of the wetlands. A monitoring plan/program shall also
be developed for City review and approval. The Department of Ecology's
Stormwater Management Manual for Western Washington (2001) will
provide guidance for performing the wetland hydroperiod analysis,
information on maximum acceptable hydroperiod alterations,
recommendation for reducing development impacts on wetland
hydroperiod and water quality, recommendation for flow control and
treatment for stormwater discharges to wetlands and recommendation
for post-development wetland monitoring.
24. Prior to approval of the grading permit subsequent to permit No. GRA04-
0025 issued August 27, 2004, (or approval of half-street improvements
to S 277th Street unless it is demonstrated to the satisfaction of the
Planning Director that the half-street improvements will not result in
wetland filling) a final wetland mitigation plan shall be prepared and
submitted for review and approval by the Planning Director and Public
Works Directors. The plan shall be approved prior to the issuance of the
subsequent grading permits or other construction permits. If applicable,
the plan shall identify the amount of wetland impact associated with half-
street improvements to S 277th Street and any associated wetland
mitigation.
The plan shall include the proposed construction sequence, grading and
excavation details, erosion and sedimentation control features needed,
planting plans specifying species, quantities, locations size, spacing, and
density, source of plant materials, propagules and seeds, water and
nutrient requirements for plants and water level maintenance practices.
Mitigation for reduction in wetland functions from the disturbance and
increased proximity of development shall consist of enhancement of
Resolution No. 3952
November 29, 2005
Page 9
wetland buffers. Wetland mitigation shall be provided in general
accordance with recommendations identified in the report: "Conceptual
Wetland Mitigation Plan of the River Sand Property", J.S. Jones and
Associates Inc., January 26, 2005, as modified by the Final Staff
Evaluation and MDNS. Major elements of the mitigation plan shall
include:
a. A final wetland mitigation plan, report and monitoring program,
maintenance plan and contingency plan shall be submitted for
review and approval in accordance with the recommendations of
the delineation and conceptual mitigation reports, and as modified
by the MDNS conditions and Final Staff Evaluation. The plans
and supporting hydrologic analysis shall establish goals and
objectives to monitor and measure the success of the wetland
mitigation project.
b. The wetland buffers shall be a minimum of fifty (50) feet in width
for Wetland 1 and an average of twenty-five (25) feet in width for
Wetland 2 and incorporate the following characteristics: areas of
flattened slopes (ranging from 4:1 to 6:1 in gradient) adjacent to
the wetland edge to provide habitat transition areas; and dense
plantings of vegetation native to the northwest that will provide
shade and cover for local wildlife. A maintenance plan for the
buffer shall also be prepared and submitted concurrently for
review and approval.
c. The wetland enhancement areas shall be designed to include
elements of water saturation (hydrology) and be vegetated with
obligate, facultative wetland plants or facultative (hydrophytic)
vegetation native to the Pacific Northwest. Trees and other
vegetation designed to provide food and cover for local wildlife
shall be included.
d. The proponent shall as directed, be required to provide the
Auburn Building Official with services of an approved biologist with
expertise in wetland buffer enhancement, for purposes of
inspecting wetland work activities on the City's behalf for
conformance with approved plans and specifications. In addition,
the biologist shall be retained for a minimum of five years
following completion of all wetlands work to monitor the progress
of the enhanced wetlands, and to inspect the replacement of
unsuccessful plant and habitat materials in accordance with the
approved plans. A minimum of biannual monitoring and
inspection and annual reports, indicating achievement of goals
Resolution No. 3952
November 29, 2005
Page 10
and objectives, and project status, shall be filed with the Planning
Department throughout the five-year monitoring program, with a
final report provided at the end of the monitoring program.
e. Filling and grading of the site and wetlands mitigation work may
occur concurrently. The mitigation construction shall be complete
prior to issuance of final plat.
f. An appropriate security equivalent to 125 percent of the cost of all
wetlands mitigation work shall be submitted to the Auburn Building
Official prior to the issuance of grading permits, and shall be kept
active for a minimum of five years following completion of all
wetlands construction in an amount commensurate with the
monitoring program and contingency plan. At the end of the
monitoring program, the City shall release the security if remedial
action is not required.
g. Following completion and acceptance of all wetlands mitigation
work, no clearing, grading or building construction shall occur
within the wetlands mitigation area, except as may be authorized
by the City of Auburn for: protection of public health, safety and
welfare; maintenance purposes, passive recreation improvements
or contingency mitigation work.
h. The surveyed wetland area shall be clearly indicated on all
construction plans approved by the City, indicating the purpose
and any limitations on the use of the area. The boundary of the
wetland shall be based on the wetland boundary confirmed by the
Army Corps of Engineers (ACOE) by letter dated May 22, 2003
(reference: File No. 2002-4-00613) and its buffer shall be staked
in 25-foot intervals. This staked line shall continuously remain in
place and serve as clearing and construction limits throughout the
project for all construction activities adjacent to the wetlands area,
or as required by the City.
25. The purpose and intent of the following condition is to discourage the
uncontrolled intrusion of humans into the mitigation area, provide a
passive recreation opportunity, and to ensure long term protection. The
following information and improvements shall be required by the
Applicant:
a. Interpretive signs shall be installed and maintained at 150-foot
intervals along the boundary of wetland buffers. The signs shall
Resolution No. 3952
November 29, 2005
Page 11
be constructed of a permanent and durable material and indicate
the wetland restrictions related to the use of the area. The sign
locations, construction details, and text shall be specified in final
mitigation plan.
b. The wetlands and wetland buffers shall be encumbered by a
conservation easement granted to the City of Auburn. The
easement shall state that any uses within the easement area shall
be approved by the Planning Director. The uses shall be
consistent with the purpose of the wetland and stream buffer and
be a general benefit to the public. Evidence that the easement
has been executed and recorded is required prior to issuance of
any occupancy permits for the site.
26. Unless a FEMA map amendment is approved to eliminate on-site
floodplain, prior to issuance of a grading permit authorizing fill placement
in the floodplain the Applicant shall prepare and submit a Flood
Compensation Plan. The plan shall demonstrate how compensatory
flood storage will be provided for the project concurrently with site filling.
The flood storage shall be provided incrementally as the flood stage rises
from the seasonal low average, up to and including the 100-year flood
elevation. The compensatory storage shall be provided at a ratio of one
to one (displacement to replacement). The flood storage must be
designed based on seasonal groundwater elevations with appropriate
supporting analysis. The plan must be approved prior to issuance of a
grading permit to fill the floodplain.
27. Unless a FEMA map amendment is approved to eliminate on-site
floodplain, the area of the compensatory flood storage and associated
access shall be encumbered by a drainage easement granted to the City
of Auburn. The easement shall state that any uses within this area shall
be approved by the Planning and Public Works Directors. The easement
language shall be prepared by the Applicant and approved by the City
and shall convey maintenance and inspection access to the City.
Evidence that the easement has been executed and recorded is required
to be shown on the final plat.
28. Prior to the issuance of a grading permit subsequent to permit number
GRA04-0025 issued August 27, 2004 that includes excavation or
disturbance of the existing ground surface elevation, the Applicant shall
prepare a historic/cultural resources monitoring plan as recommended by
the report "Archaeological and Historical Resources Survey of the
Proposed River Sand PUD, King County, Washington," (Plat Exhibit 24).
Resolution No. 3952
November 29, 2005
Page 12
The monitoring plan shall establish a protocol for the inadvertent
discovery of human remains. The monitoring plan shall also detail what
cultural materials may be expected on-site, qualifications of the on-site
monitor, the authority of the on-site monitor to halt
excavation/construction activities, a protocol for assigning significance to
identified materials, and safety requirements for the monitor's activities.
A copy of the report shall be provided to OAHP, the City of Auburn, and
the Muckleshoot Tribe upon its completion. The Applicant shall
demonstrate to the City of Auburn that the monitoring report
recommendations have been addressed prior to commencement of any
permitted excavation or disturbance of the existing ground surface
elevation. Also, in accordance with the report's recommendations, an
on-site monitor shall be present during excavation or disturbance of the
existing ground surface elevation.
29. The intersection of "M" Street NE and South 277th Street shall include a
temporary traffic signal. Prior to the issuance of the building permit for
the 76th housing unit within the plat, the Applicant shall financially secure
the completion of a second permanent access route consisting of the
construction of a 24-foot wide paved roadway with adequate shoulder
and storm drainage provisions along the east-west alignment of a new
49th/51st Street NE between "M" Street NE and the new "I" Street NE
alignment. The Applicant shall also financially secure completion of the
new "I" Street NE between 49th Street NE and South 277th Street, plus a
wire span traffic signal at the intersection of the new "I" Street NE and
South 277th Street. When the second permanent access is constructed,
the temporary traffic signal at "M" Street NE and South 277th Street shall
be removed and permanent channelization to City of Kent standards
shall be installed in its place. The Applicant shall pay the City $495,000,
which in addition to the development's normal traffic impact fees,
provides adequate funding to secure the second permanent access route
improvements and related improvements. In the event the City's traffic
impact fees are increased prior to payment of the $495,000, the
mitigation fee may be correspondingly decreased.
30. Notice of the future second permanent access route and the future
intersection modifications shall be recorded on the face of the final plat
and on each individual property title within the plat. In addition to this
notice, adequate on-site signage of such future traffic improvements
shall be provided as directed by the City.
31. At the time of plat construction, secondary emergency access shall also
be provided to the plat from South 277th Street by means of the
Resolution No. 3952
November 29, 2005
Page 13
establishment of emergency accesses a minimum of 20 feet in width
from South 277th Street. These traffic accesses shall prohibit general
traffic use through the use of gates or bollards to the satisfaction of the
Fire Marshal. Fire lanes shall be posted in accordance with the Auburn
City Code. Notice signs shall be maintained in a clean and legible
condition at all times and be replaced or repaired when necessary by the
homeowners' association to provide adequate visibility.
32. Prior to final plat approval, the Applicant shall financially secure the
completion of a 12-inch of-site waterline for completion of the looping of
waterlines to meet the Water Comprehensive Plan Level of Service
criteria. The Water Comprehensive Plan Improvements would consist of
approximately 1,200 linear feet of 12-inch waterline along the proposed
extension of "I" Street NE from 45th Street NE to 49th Street NE and
approximately 1,300 linear feet of 12-inch waterline along an east-west
alignment of a new 49th/51st Street NE between the proposed new "I"
Street NE alignment and the River Sands Development west property
line. The Applicant shall pay to the City $82,000, which combined with
the development's normal System Development Charges, provides
adequate funding to secure the water system improvements. In the
event the City's Water System Development charges are increased prior
to payment of the $82,000, this mitigation fee may be correspondingly
decreased.
33. The Applicant shall pay school impact fees to the Kent School District as
dictated by the City of Auburn and the Kent School District's school
impact fee agreement. The Applicant, the Cities, and the District shall
agree on a method of providing safe bus stops prior to final plat approval,
and the approved method shall be noted on the final plat map.
34. The project shall not at any time disturb or encroach upon the 200-foot
shoreline buffer of the Green River.
35. The approval of the PUD is only valid upon the approval and execution
by the Auburn City Council of the associated preliminary plat, File No.
PL T04-0006.
36. Given the relatively narrow frontages of the proposed single-family
residential lots and the impact on pedestrians (and wheelchairs) from
elevation changes due to a series of closely spaced driveways, the local
residential road cross section shown on the preliminary plat shall be
revised to show the landscape planting strip abutting the curb on both
sides of the street.
Resolution No. 3952
November 29, 2005
Page 14
Section 3. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 4. This Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this c-:..)~'- day ot\Jec"'-1Y\hey; 2005.
ATTEST:
i1~' G~
I ] . .
J.. C" ~
'Da 'elle E. Daskam,
City Clerk
Resolution No. 3952
November 29, 2005
Page 15
PETE B. LEWIS
MAYOR
/
""--'-.J
Exhibit "A", Resolution No. 3952
LEGAL DESCRIPTION
PROJECf NAME:
PROJECf ADDRESS:
River Sand PUD
Northeast and Southeast Quarters of Section 31, Township
22 North, and Range 05 East
South 27-? Street and'!' Street NE, Auburn
PROJECfPARCEL#:
000420-0023
THAT PORTION OF THE GEORGE E. KING DONATION LAND CLAIM (D.L.C.) NO. 40
IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST W.M., DESCRIBED AS
FOLLOWS:
COMMENCING AT A 6"X6" SANDSTONE MONUMENT MARKING THE SOUTHWEST
CORNER OF THE R.H. BEATTY D.L.C. NUMBERS 37 AND 44;
THENCE SOUTH 89'00'01" EAST, ALONG THE SOUTH LINE OF SAID R.H. BEATTY
D.L.C. AND THE NORTH LINE OF THE W.A. COX D.L.C. NO. 38, A DISTANCE OF
2,643.18 FEET TO A 2" DIAMETER CONCRETE-FILLED IRON PIPE MARKING THE
SOUTHEAST CORNER OF SAID R.H. BEATTY D.L.C. AND THE NORTHEAST CORNER
OF SAID W.A. COX D.L.C.;
THENCE, CONTINUING SOUTH 89'00'01" EAST, 638.43 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE, CONTINUING SOUTH 89'00'01" EAST, 1,617.39 FEET TO A POINT ON A
LINE ESTABLISHED BY BOUNDARY LINE AGREEMENT RECORDED UNDER KING
COUNTY RECORDING NO. 8110150749;
THENCE, ALONG SAID LINE, SOUTH 46'26'33 " EAST 103.45 FEET;
THENCE, ALONG SAID LINE, SOUTH 34'19'49" EAST 211.01 FEET;
THENCE, ALONG SAID LINE, SOUTH 09'48'39" WEST 412.45 FEET;
THENCE, ALONG SAID LINE, SOUTH 01'43'38" EAST 263.60 FEET;
THENCE, ALONG SAID LINE, SOUTH 08'38'47" WEST 208.18 FEET;
THENCE NORTH 88'49'05" WEST 503.22 FEET;
THENCE NORTH 19'30'00" EAST 110.98 FEET;
THENCE NORTH 88'49'05" WEST 1,283.52 FEET;
THENCE NORTH 01.48'33" EAST, ALONG A LINE PARALLEL WITH THE EAST LINE
OF SAID COX D.L.C., 1,008.50 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORT/ON THEREOF CONVEYED TO THE CITY OF KENT FOR SOUTH
277TH STREET, DESCRIBED AS FOLLOWS:
BEGINNING AT SAIO TRUE POINT OF BEGINNING;
THENCE, CONTINUING SOUTH 89.00'01" EAST, 1,617.39 FEET TO A POINT ON A
LINE ESTABLISHED BY BOUNDARY LINE AGREEMENT RECORDED UNOER KING
COUNTY RECORDING NO. 8110150749;
THENCE, ALONG SAID LINE, SOUTH 46.26'33" EAST 103.45 FEET;
THENCE, ALONG SAID LINE, SOUTH 34.19'49" EAST 60.80 FEET;
THENCE NORTH 79.05'59" WEST 581.27 FEET;
THENCE NORTH 88.59'57" WEST 1 ,156.72 FEET TO A POINT 20.00 FEET EAST
OF THE EAST RIGHT-OF-WAY MARGIN OF "I" STREET NORTHEAST;
THENCE NORTH 01.48'33" EAST 20.00 FEET TO THE POINT OF BEGINNING OF
THIS EXCEPTION;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
III 11111111111111111111111
Return Address: 20080328002411
Auburn City Clerk PACIFIC NW TIT AG 48.00
PAGE001 OF 007
City of Auburn 03/28/2008 15:25
25 West Main St. KING COUNTY, WA
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Hold Harmless Agreement .?
Reference Number(s) of Documents assigned or released:
?Additional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
Auburn, City of
Grantee/Assignee/Beneficiary: (Last name first)
1. Centex Homes
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
That portion of the George E. King Donation Land Claim Number 40 in Section 31, TWP 22 N, Range 5 E, WM
® Additional legal is on page 7of document.
Assessor's Property Tax Parcel/Account Number
000420-0023
? Assessor Tax # not yet assigned
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WA)iTw.iodai;on only. t flea; not been
sxaw rwd a6 to proper exeOujiorn or
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HOLD HARMLESS AGREEMENT
FOR CONSTRUCTION OF IMPROVEMENTS BY AND BETWEEN
THE CITY OF AUBURN AND CENTEX HOMES
THIS HOLD HARMLESS AGREEMENT, hereinafter also referred to as the
"Agreement," is entered into effective on the day of 2007, by and
_Lr
between the City of Auburn, hereinafter referred to as the "City," and Centex Homes, a
Nevada general partnership, hereinafter referred to as the "Applicant," in connection
with the real property described herein, for the purposes and on the terms and
conditions set forth herein.
WHEREAS, the Applicant owns or controls certain real property located south
of South 277th Street and west of the Green River, Auburn, WA, and described in
Exhibit "A;" and
WHEREAS, the Applicant has received approval from the City for the preliminary
plat of the Trail Run subdivision File No. PLT04-0006 and Resolution No. 3952
(Formerly known as Riversand) on the Property and has proposed and submitted
applications for one or more building permits for foundations within said subdivision
("Building Foundation Permits"); and
WHEREAS, the Applicant wishes to construct said foundations prior to final plat
approval so that construction can occur during summer and early fall,
NOW THEREFORE, for good and sufficient consideration and the mutual
promises and covenants contained in this Agreement, the Applicant and the City agree
as follows:
1. Description of Property. The real property ("Property") which is the subject of
this Agreement is located in Auburn, Washington, and is more particularly
described as set forth in Exhibit 'A," attached hereto and incorporated by
reference.
2. Term of Agreement. The term of this Agreement shall run from the date of
execution set forth above till approval of the Final Plat of Trail Run or one year
September 18, 2007 -1 -
from the date of execution, which ever shall come first.
3. Warranty of Applicant's Authority. The Applicant hereby warrants to the City
that the Applicant is authorized to negotiate and execute this Agreement and to
so bind the Property and all fee owners. The Applicant further warrants that the
Applicant shall comply with all applicable federal, state and local codes and
regulations related to any and all action involved herewith.
4. No Subsequent City Approvals Implied. The Applicant understands and
agrees that the decision of how many Building Foundation Permits shall be
issued is within the sole discretion of the City, that the Applicant is proceeding at
its own risk in locating and/or constructing any building foundations, and that
neither the City's issuance of one or more of the Building Foundation Permits,
nor the Applicant's location and/or construction of one or more of the permitted
building foundations, implies or guarantees that the City shall issue any future
permits or approvals for the Property or the Trail Run Subdivision. Any need to
remove, relocate and/or reconstruct any foundations because of a subsequent
permit decision or other approval shall be solely the responsibility of the
Applicant.
5. Building Foundations to Conform to the Trail Run Final Plat. The Applicant
understands that the City will not approve any final inspections or occupancy
permits out of compliance with the final plat or the Auburn City Code. The
Applicant shall submit individual site plans conforming to the Applicant's
anticipated final plat configuration as part of each application for a Building
Foundation Permit submitted prior to final plat approval. Subsequent to approval
of the final plat, the Applicant shall submit individual site plans conforming to the
approved final plat as part of each application for a building permit to complete
the remainder of the structure on the lots having building foundations. If the site
plan submitted with the application to complete the structure does not conform to
the final plat, the Applicant must rectify the situation by either securing a
Boundary Line Adjustment pursuant to Auburn City Code 17.16, securing a Plat
Alteration pursuant to Auburn City Code 17.22, or removing all or a portion of the
September 18, 2007 -2-
foundation to bring the site into compliance with the Auburn City Code.
Variance applications shall not be accepted for said purpose.
6. Hold Harmless and Indemnification. The Applicant hereby agrees to protect,
defend, indemnify and hold harmless the City of Auburn and its elected and
appointed officials, agents, and employees from and against any and all
damages, losses, penalties, settlements, costs, charges, attorney fees, or other
expenses or liabilities of any kind, whether brought by the Applicant or a third
party, and whether direct or indirect, in connection with, or as a result of, the
City's approval or denial of Building Foundation Permits and any City actions
related to development activities consistent with Building Foundation Permits
issued under this Agreement, including claims based on any project delay
allegedly relating to the City's review of any application for Building Foundation
Permit for the Property or the Trail Run subdivision.
7. Insurance. The Applicant shall be responsible for maintaining, during the term
of this Agreement and at its sole cost and expense, the types of insurance
coverages and in the amounts described below. The Applicant shall furnish
evidence, satisfactory to the City, of all such policies. During the term hereof, the
Applicant shall take out and maintain in full force and effect the following
insurance policies:
a. Commercial General Liability insurance, insuring the City (as an additional
insured) and the Applicant against loss or damages arising from premises,
operations, independent contractors and personal injury and advertising
injury. The City shall be named as an additional insured under the
Applicant's Commercial General Liability insurance policy with respect to the
work performed pursuant to this Agreement, with minimum liability limits of
$1,000,000.00 combined single limit for personal injury, death or property
damage in any one occurrence.
b. Such workmen's compensation and other similar insurance as may be
required by law.
c. Automobile Liability insurance covering all owned, non-owned, hired and
September 18, 2007 - 3 -
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
8. Applicable Law. This Agreement shall be governed by and be interpreted in
accordance with the laws of the City of Auburn and the State of Washington.
9. Binding Effect. This Agreement shall be binding upon and inure to the benefit
of the successors of each party hereto.
10. Modification. This Agreement shall not be modified or amended except in
writing signed by the City and Applicant or their respective successors in interest.
11. Disclosure Upon Transfer. The Applicant agrees that in the event of a
proposed sale, gift, transfer, segregation, assignment or devise of the Property,
the Applicant shall disclose the existence of this Agreement to the interested
party.
12. No Presumption Against Drafter. Both parties to this Agreement have had the
opportunity for this Agreement to be reviewed and revised by legal counsel, and
no presumption or rule that ambiguity shall be construed against the party
drafting the document shall apply to the interpretation or enforcement of this
Agreement.
IN WITNESS WHEREOF, the undersigned have set their hands the day and
date set out next to their signatures.
CITY OF AUBUR-Wl\
Peter B. Lewis, Mayor
Attest:
September 18, 2007 -4-
lY
Danielle E. Daskam, City Clerk
Approved as to Form:
CENTEX HOMES, a Nevada general partnership
By: Centex)Real Ens ate Corporation, a Nevada Corporation, Managing Partner
By:.,
Name:
R ,r
Title: v i,s i rrvk?'
September 18, 2007 -5-
LEGAL DESCRIPTION
THAT PORTION OF THE GEORGE E. KING DONATION LAND CLAIM NUMBER 40 IN SECTION 31, TOWNSHIP 22 NORTH,
RANGE 5 EAST W.M., DESCRIBED AS FOLLOWS:
COMMENCING AT A 6" X 6" SANDSTONE MONUMENT MARKING THE SOUTHWEST CORNER OF THE R.H. BEATTY
DONATION LAND CLAIMS NUMBERS 37 AND 44; THENCE SOUTH 89'00'01" EAST, ALONG THE SOUTH LINE OF SAID
R.H. BEATTY DONATION LAND CLAIM AND THE NORTH LINE OF THE W.A. COX DONATION LAND CLAIM NUMBER 38, A
DISTANCE OF 2,643.18 FEET TO A 2" DIAMETER CONCRETE-FILLED IRON PIPE MARKING THE SOUTHEAST CORNER OF
SAID R.H. BEATTY DONATION LAND CLAIM AND THE NORTHEAST CORNER OF SAID W.A. COX DONATION LAND CLAIM;
THENCE CONTINUING SOUTH 89'00'01" EAST 638.43 FEET TO THE TRUE POINT OF BEGINNING;
THENCE, CONTINUING SOUTH 89'00'01" EAST, 1,617.39 FEET TO A POINT ON A LINE ESTABLISHED BY BOUNDARY
LINE AGREEMENT RECORDED UNDER KING COUNTY RECORDING NO. 8110150749;
THENCE ALONG SAID LINE SOUTH 46'26'33" EAST 103.45 FEET;
THENCE ALONG SAID LINE SOUTH 34'19'49" EAST 211.01 FEET,
THENCE ALONG SAID LINE SOUTH 09'48'39" WEST 412.45 FEET;
THENCE ALONG SAID LINE SOUTH 01'43'38" EAST 263.60 FEET;
THENCE ALONG SAID LINE SOUTH 06'38'47" WEST 208.18 FEET;
THENCE NORTH 88'49'05" WEST 503.22 FEET;
THENCE NORTH 19'30'00" EAST 110.98 FEET;
THENCE NORTH 88'49'05" WEST 1,283.52 FEET;
THENCE NORTH 01'48'33" EAST ALONG A LINE PARALLEL WITH THE EAST LINE OF SAID COX DONATION LAND CLAIM
1,008.50 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR SOUTH 277TH STREET, DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89'00'01" EAST, 1,617.39 FEET TO A POINT ON A LINE ESTABLISHED BY BOUNDARY
LINE AGREEMENT RECORDED UNDER KIN COUNTY RECORDING NO. 8110150749;
THENCE ALONG SAID LINE SOUTH 46'26'33" EAST 103.45 FEET,
THENCE ALONG SAID LINE SOUTH 34'19'49" EAST 60.80 FEET;
THENCE NORTH 79'05'59" WEST 581.27 FEET,
THENCE NORTH 88'59'57" WEST 1,156.72 FEET TO A POINT 20.00 FEET EAST OF THE EAST RIGHT-OF-WAY MARGIN
OF I STREET NORTHEAST;
THENCE NORTH 01'48'33" EAST 20.00 FEET TO THE POINT OF BEGINNING OF THIS EXCEPTION:
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON