HomeMy WebLinkAbout07-21-2014 CITY COUNCIL AGENDA PACKETI'IY ()u:
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CALL TO ORDER
W
Flag Salute
Roll Call
City Council Meeting
July 21, 2014 - 7:30 PM
Auburn City Hall
AGENDA
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Announcements, Appointments, and Presentations
Kurtis Harstad CERT Award Presentation
2. Mill Creek Wetland 5k Project (Holman /Snyder)
A presentation by Olton Swanson, Deputy District Engineer, Seattle District,
U.S. Army Corps of Engineers (USAGE) regarding the proposed Project
Partnership Agreement (PPA) [refer to Resolution No. 4959] between the City
of Auburn and the U.S. Army Corps of Engineers.
3. Arts Commission Appointment
City Council to confirm the appointment of Cary Davidson to the Arts
Commission to a new three year term to expire on December 31, 2016.
Agenda Modifications
CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
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Public Hearings
Public Hearing on Communal Residential Rental Housing - Moratorium*
(Holman /Tate)
City Council to conduct a public hearing on the Communal Residential
Housing Moratorium (See Resolution No. 5079 attached).
2. Public Hearing on Application for Right -of -Way Vacation V3 -14
(Osborne /Snyder)
City Council to conduct a public hearing on a petition for vacation of the alley
between South Division Street and A Street SE, south of 1 st Street SE,
located within the City of Auburn.
(RECOMMENDED ACTION: City Council conduct the public hearing.
For further action on this item, see Ordinance No. 6511.)
Audience Participation
This is the place on the agenda where the public is invited to speak to the City
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Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C. Correspondence
There is no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
1. July 14, 2014 Minutes* (Peloza)
B. Planning & Community Development
1. July 14, 2014 Minutes* (Holman)
C. Public Works
1. July 7. 2014 Minutes* (Osborne)
D. Finance
1. July 7, 2014 Minutes* (Wales)
E. Les Gove Community Campus
F. Council Operations Committee
G. Junior City Council
1. July 21, 2014 Junior City Council meeting (Wagner)
IV. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. Minutes of the July 7, 2014 regular meeting*
B. Minutes of the June 11, 2014 special meeting*
C. Minutes of the June 26, 2014 special meeting*
D. Claims Vouchers (Wales /Coleman
Claims voucher numbers 429592 through 429842 in the amount of $4,786,634.07
and six wire transfers in the amount $1,197,254.06 and dated July 21, 2014.
E. Payroll Vouchers (Wales /Coleman)
Payroll check numbers 534816 through 534841 in the amount of $819,238.89 and
electronic deposit transmissions in the amount of $1,284,922.81 for a grand total
of $2,104,161.70 for the period covering July 3, 2014 to July 16, 2014.
F. Public Works Project No. CP1104* (Osborne /Snyder)
City Council award Contract No. 14 -09 to Valley Electric Company of Mount
Vernon on their low bid of $258,189.23 for Project No. CP1104, 8th St NE and
104th Ave SE Intersection Improvements
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G. Public Works Project No. CP1222* (Osborne /Snyder)
City Council approve Final Pay Estimate No. 3 to Contract No. 13 -15 in the
amount of $3,978.39 and accept construction of Project No. CP1222, Citywide
Traffic Signal Safety Improvements
H. Public Works Project No. CP1324* (Peloza /Coleman)
City Council award Contract No. 14 -03, to Blackline Inc. on their low bid of
$527,830.32 plus Washington State sales tax of $50,143.88 for a total contract
price of $577,974.20 for Project No. CP1324, Asphalt Rehabilitation and Seal Coat
(RECOMMENDED ACTION: City Council adopt the Consent Agenda.)
V. UNFINISHED BUSINESS
There is no unfinished business.
VI. NEW BUSINESS
There is no new business.
VII. ORDINANCES
A. Ordinance No. 6511* (Osborne /Snyder)
An Ordinance of the City Council of the City of Auburn Washington, vacating right -
of -way of the alley between South Division Street and A Street SE, south of 1 st
Street SE, within the City of Auburn, Washington
(RECOMMENDED ACTION: City Council introduce and adopt Ordinance No.
6511.)
B. Ordinance No. 6520* (Osborne /Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Sections 13.32A.020 and 13.32A.120 of the Auburn City Code relating to
exceptions for undergrounding requirements
(RECOMMENDED ACTION: City Council introduce and adopt Ordinance No.
6520.)
C. Ordinance No. 6522* (Holman /Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, approving
the Final Plat of Alicia Glenn
(RECOMMENDED ACTION: City Council introduce and adopt Ordinance No.
6522.)
D. Ordinance No. 6523* (Holman /Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, approving the
Final Plat of Wyncrest
(RECOMMENDED ACTION: City Council introduce and adopt Ordinance No.
6523.)
VIII. RESOLUTIONS
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A. Resolution No. 4959* (Holman /Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute a Project Partnership Agreement for Specifically
Authorized Ecosystem Restoration Projects and Separable Elements
(RECOMMENDED ACTION: City Council adopt Resolution No. 4959.)
B. Resolution No. 5078* (Osborne /Snyder)
A Resolution of the City Council of the City of Auburn, Washington, setting a public
hearing to consider a Franchise Agreement with Electric Lightwave, LLC, a wholly
owned subsidiary of Integra Telecom Holdings, Inc.
(RECOMMENDED ACTION: City Council adopt Resolution No. 5078.)
C. Resolution No. 5081* (Wales /Tiedeman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to execute an interlocal agreement between the City of Auburn and the City
of Milton for information technology services
(RECOMMENDED ACTION: City Council adopt Resolution No. 5081.)
D. Resolution No. 5082* (Wales /Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute a Grant Agreement between the City of Auburn
and the State Department of Ecology
(RECOMMENDED ACTION: City Council adopt Resolution No. 5082.)
E. Resolution No. 5084* (Holman /Hursh)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and the City Clerk of the City of Auburn to enter into an Interlocal
Cooperation Agreement between the City and King County, for the purposes of
administering the Federal Home Investment Partnerships Program (HOME)
(RECOMMENDED ACTION: City Council adopt Resolution No. 5084.)
F. Resolution No. 5086* (Osborne /Heid)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to execute an agreement with Jacob Armijo to convey an easement over a
portion of City storm water retention property
(RECOMMENDED ACTION: City Council adopt Resolution No. 5086.)
G. Resolution No. 5087* (Wales /Hursh)
A Resolution of the City Council of the City of Auburn, Washington, approving the
Lease Extension and Addendum to Lease between the City of Auburn and the
Bank of Washington
(RECOMMENDED ACTION: City Council adopt Resolution No. 5087.)
IX. REPORTS
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At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A. From the Council
B. From the Mayor
X. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http: / /www.auburnwa.gov), and via e -mail. Complete agenda packets are available for
review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
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AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Public Hearing on Communal Residential Rental Housing - July 16, 2014
Moratorium
Department: Attachments: Budget Impact:
Community Development & Resolution No. 5 079 $0
Public Works
Administrative Recommendation:
City Council conduct a public hearing to receive public comments and suggests with
regard to Resolution No. 5079, Communal Residential Housing Moratorium (Please see
Resolution No 5079 attached).
Background Summary:
On June 16, 2014 City Council adopted Resolution No. 5079 which established a
moratorium on the acceptance or processing of applications for business licenses and
other licenses, permits and approvals for communal residential rental housing. Pursuant
to RCW 35A.63.220 the City Council scheduled a public hearing for July 21, 2014 to
further consider the moratorium.
Reviewed by Council Committees:
Other: Legal
Councilmember: Holman Staff: Tate
Meeting Date: July 21, 2014 Item r: PH.1
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RESOLUTION NO. 5 0 7 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ESTABLISHING A MORATORIUM
ON ACCEPTANCE OR PROCESSING OF APPLICATIONS
FOR BUSINESS LICENSES AND OTHER LICENSES,
PERMITS AND APPROVALS FOR COMMUNAL
RESIDENTIAL RENTAL HOUSING
WHEREAS, the City of Auburn has seen an increase in rental housing
particularly in residential neighborhoods adjacent to Green River Community College
and through citizen comment determined the City's rental housing related codes need to
be amended in some fashion; and
WHEREAS, the current provisions of the Auburn City Code (ACC) define
communal residences as dwellings without an owner occupant that is rented to a group
of unrelated individuals [ACC 18.04.249], and further identify regulations related to
communal residences [ACC 18.31.130], however, it appears that these provisions may
not be adequate to fully address the issues related to communal residences, and
WHEREAS, in order to address issues related to rental housing primarily in
single family residential neighborhoods, it is appropriate to fully evaluate and consider
the different options and avenues through which communal residence rental housing
operates; and
WHEREAS, in conformity with the responsibilities of the City of Auburn to provide
for zoning and land use regulations pursuant to state law, and the City's authority to
regulate land use activity within its corporate limits, the City intends to explore and
evaluate how it can most reasonably and responsibly address the issues and impacts
related to communal residence rental housing, and
Resolution No. 5079
June 16, 2014
PH?Ige 1 of 5
Page 7 of 280
WHEREAS, in order to give the City adequate time to fully consider all the
options and alternatives for appropriate regulations, and to fully investigate and review
all of the factors involved in communal residence rental housing related uses, the City
needs to impose a moratorium on accepting and processing applications for communal
residence rental housing uses, until its review of needed regulations and the adoption
and implementation of needed regulations can be completed; and
WHEREAS, RCW Sections 35A.63.220 and 36.70A.390 authorize cities to adopt
moratoria; and
WHEREAS, consistent with the provisions of RCW 35A.63.220, it is appropriate
for the City Council to hold public hearings and to authorize the holding of public
hearings and /or other means to gather information and adopt findings of fact supporting
and justifying the moratorium, and to implement a work plan for review of the issues
related to communal residence rental housing uses in the development of and /or
amendment to the City's business and land use regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Moratorium Established. Pursuant to RCW 35A.63.220, a
moratorium is hereby imposed prohibiting the City from receiving and /or processing any
applications for any communal residence rental housing uses in any and all zoning
districts in the City of Auburn; provided that this moratorium shall not apply to adult
family homes or group residences that are afforded separate statutory protections under
state law.
Resolution No. 5079
June 16, 2014
PHP1ge 2 of 5
Page 8 of 280
Section 2. Term of Moratorium. The moratorium imposed by this resolution
shall become effective on the date hereof, and shall continue in effect for an initial
period of one year, unless repealed, extended or modified by the City Council after
subsequent public hearing(s) and entry of appropriate findings of fact pursuant to RCW
35A.63.220, provided that the moratorium shall automatically expire upon the effective
date of business licensing, zoning and land use regulations adopted by the City Council
to address communal residence rental housing related businesses and land uses to be
located in the City of Auburn.
Section 3. Preliminary Findings. The following preliminary findings of fact
are hereby adopted:
A. That communal residence rental housing related uses and businesses
have the potential for significant impacts on neighborhoods and the community.
B. That because of the potential impacts of these communal residence rental
housing related uses and businesses, and the need to fairly and reasonably
accommodate housing needs for those persons who would reside in communal
residence rental housing, special care and attention needs to be employed in
evaluating, considering and developing appropriate legislation that satisfactorily
addresses the concerns of the City while also conforming to legal requirements.
C. It is appropriate to collect and compile documentation, information,
testimony and statements of concerned citizens of the City and of other persons
interested in or familiar with the issues of communal residence rental housing related
uses and businesses and their impacts to fully explore ways to protect the City and its
citizens from the adverse impacts of such businesses and uses.
Section 4. Conclusion. Based on the above Findings of Fact, the City Council
concludes that the City has the authority to establish a moratorium, and that it is
necessary to establish a moratorium, concerning the establishment, operation, and
processing of applications for communal residence rental housing related uses and
businesses, to act as a stop -gap measure in order to 1) to provide the City with an
opportunity to study the issues concerning the appropriate revisions to the City's codes
and regulations; and 2) to protect the health, safety and welfare of the citizens of
Auburn by ameliorating the adverse impacts of communal residence rental housing
related uses and businesses.
Resolution No. 5079
June 16, 2014 Page 9 of 280
PFPlge 3 of 5
Section 5. Work Plan. The following work plan is adopted to address the
issues involving communal residence rental housing related use and business
regulations:
A. That the City of Auburn Planning Commission shall be authorized and
directed to hold public hearings and public meetings to fully receive and consider
statements, testimony, positions and other documentation or evidence related to the
issue of communal residence rental housing related uses and businesses.
B. That the Planning Commission and City staff are authorized and directed
to review the experiences of other jurisdictions, the status of legal cases, and statistical
data, information, studies and other evidence compiled by other municipalities, of the
implications and impacts of communal residence rental housing related uses and
businesses, and to review State and Federal law and regulations, including but not
limited to state and federal landlord - tenant/rental regulations and fair housing
regulations, as well as ordinances and codes adopted and implemented by other
municipalities to address communal residence rental housing related uses and
businesses, and any other information that is pertinent to consideration thereof.
C. That the City of Auburn Planning Commission shall work with City staff
and the citizenry of the City to develop proposals for regulation of communal residence
rental housing related business and zoning uses, and related considerations, to be
forwarded in their recommendations to the City Council for inclusion in ordinances and
ultimate adoption as a part of the City Code of the City of Auburn.
D. That the Mayor, in consultation with the City Attorney, the Director of
Community Development and Public Works and other staff, shall periodically advise and
report to the City Council as to the status of hearings, meetings and information
development regarding activities of the Planning Commission and City staff relative to
the evaluation, consideration and development of regulations related to communal
residence rental housing related uses and businesses, with such reports to be
scheduled approximately every six (6) months or as appropriate throughout the period
of the moratorium and any extensions thereof, until adoption of a comprehensive
ordinance and regulations are developed, adopted and implemented, relating to
communal residence rental housing related uses and businesses becoming effective in
conjunction with the termination of the moratorium referred to in this Resolution.
Section 6. Public Hearing. A public hearing shall be scheduled for 7:30 p.m. or
as soon thereafter as the matter may be heard, on the 21St day of July, 2014, in City
Council Chambers, 25 West Main Street, Auburn, Washington 98001, to hear and
consider the comments and testimony of those wishing to speak at such public hearing
regarding the moratorium.
pHIRTsolution No. 5079 Page 10 of 280
June 16, 2014
Page 4 of 5
Section 7. Severability. If any sections, sentence, clause or phrase of this
Resolution shall be held to be invalid or unconstitutional by a court of competent
jurisdiction, or its application held inapplicable to any person, property or circumstance,
such invalidity or unconstitutionality or inapplicability shall not effect the validity or
constitutionality of any other section, sentence, clause or phrase of this Resolution or its
application to any other person, property or circumstance.
Section 8. Effective Date. That this Resolution shall take effect and be in
full force upon passage and signatures hereon.
Dated and Signed this day of 12014.
CITY OF AUBURN
ANCY AUS, MAYOR
ATTEST:
�
�Danielle E. Daskam, k
City Cler
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oe
W MEN - ME 0 =w.—" i F.M.- M A 0 LS
PHRpsolution No. 5079 Page 11 of 280
June 16, 2014
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AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Public Hearing on Application for Right -of -Way Vacation V3- June 10, 2014
14
Department:
Public Works
Attachments: Budget Impact:
No Attachments Available $0
Administrative Recommendation:
City Council to hold a public hearing in consideration of Right -of -Way Vacation V3 -14.
See Ordinance No. 6511, later on the agenda, for additional materials.
Background Summary:
Per Auburn City Code Chapter 12.48 a public hearing shall be held to consider the
proposed right -of -way vacation for V3 -14 for the right -of -way of the alley between South
Division Street and A Street SE, south of 1st Street SE. The date of the public hearing
was set by Resolution No. 5073 on June 16, 2014.
Reviewed by Council Committees:
Public Works
Councilmember: Osborne Staff: Snyder
Meeting Date: July 21, 2014 Item r: PH.2
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Agenda Subject:
July 14, 2014 Minutes
Department:
Police
Attachments:
x x
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Peloza
Meeting Date: July 21, 2014
AGENDA BILL APPROVAL FORM
Date:
July 16, 2014
Budget Impact:
$0
Staff:
Item r: MS.1
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CALL TO ORDER
Municipal Services Committee
July 14, 2014 - 3:30 PM
City Hall Conference Room 3
MINUTES
Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room
3 of City Hall, 25 West Main Street, Auburn, WA.
A. Roll Call
Members present: Chair Bill Peloza, Vice Chair Wayne Osborne and
Member Claude DaCorsi.
Staff present: Mayor Nancy Backus, Chief of Police Bob Lee,
Innovation & Technology Director Ron Tiedeman, Finance Director
Shelley Coleman, Assistant Director of Public Works Services Randy
Bailey, Solid Waste and Recycling Supervisor Joan Nelson, Project
Engineer Seth Wickstrom and Police Secretary /Scribe Terry
Mendoza. Others present: Auburn Reporter representative Robert
Whale.
B. Announcements
C. Agenda Modifications
CONSENT AGENDA
A. June 23, 2014 Minutes
Vice Chair Osborne moved to accept the Minutes as presented.
Member DaCorsi seconded. Chair Peloza concurred.
MOTION PASSED: 3 -0
B. Public Works Project No. CP1324 (Coleman)
Project Engineer Seth Wickstrom briefed the Committee on Public
Works Project No. CP1324. This is the slurry seal project for the
Auburn Airport. The bids were requested with optional schedules to
accommodate the financing time line of the project. Blackline, Inc.'s
overall bid was the lowest one received and they were awarded all
three schedules. They are a new contractor for the City but the
consultant has worked with them previously and had good reviews of
their work. Chair Peloza inquired about the airport's
contribution towards the project out of the 435 fund. Finance Director
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MS.1 Page 14 of 280
Shelley Coleman stated the airport would be contributing $178,300.00
of the total project amount of $740,172.00. Additionally, the airport's
contribution is a conservative amount and could decrease once
the final grant amount from the FAA/WSDOT is awarded. Staff is
recommending City Council award Contract No. 14 -03, to Blackline
Inc. on their low bid of $527,830.32 plus Washington State sales tax
of $50,143.88 for a total contract price of $577,974.20 for Project No.
CP1324, Asphalt Rehabilitation and Seal Coat. Committee discussion
followed.
Vice Chair Osborne moved to forward Public Works Project No.
CP1324 to full Council for consideration. Member DaCorsi seconded.
Chair Peloza concurred.
MOTION PASSED: 3 -0
III. DISCUSSION ITEMS
A. Shopping Carts (Bailey)
Public Works Assistant Director, Randy Bailey, reported on the
Shopping Cart program for January through June 2014. During the
first half of this year the City billed a total of $3,850.00 for shopping
carts with an outstanding balance total of $1,100.00. Vice Chair
Osborne asked what the City's cost is to run the program. Assistant
Director Bailey estimated that the City collects between $3,500.00-
$4,000.00 every six months (or about $8,000.00 per year) and this
covers about half of what it costs to administer the program. The
process is extensive and involves more than one City department.
This process is also frustrating to the stores. Since the City is not
seeing any positive returns from the program, staff recommends that
City Council suspend the Ordinance so a test can be conducted to
deliver abandoned carts back to the stores. Committee discussion
followed and a request was made for Assistant Director Bailey to
provide them with a proposal for the Committee to take to full Council.
Vice Chair Osborne moved to suspend the City Code on shopping
carts for one year. Member DaCorsi seconded. Chair Peloza
concurred.
MOTION PASSED: 3 -0
B. Direct Billing for Garbage Disposal (Coleman)
Finance Director Shelley Coleman provided a report on Direct Billing
for garbage disposal. The background on this issue is that the
Metropolitan Solid Waste Management Advisory Committee
(MSWMAC) worked with King County and local solid waste haulers to
develop an agreement that allows a city to pay King County directly
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MS.1 Page 15 of 280
for disposal fees instead of its contracted solid waste hauler. This is a
potential option for the City to consider and could reduce the City's
disposal costs. Director Coleman advised that administrative costs
are currently 'invisible' to us (built in to the costs); however, when we
go into negotiations they could add in administrative services fees or
an increase in rates. The current Waste Management contract with
the City does not have the direct billing option available. Committee
discussion followed.
C. Telecommunication Leases (Tate)
Innovation and Technology Director Ron Tiedeman briefed the
committee on Telecommunication Leases for the City. Currently,
Auburn City Code 20.08.070 establishes a term limitation for leasing
City facilities to telecommunication providers for a maximum of five
years. Staff is proposing that the code be amended in order to
provide the City with more flexibility to leverage city resources to fund
and /or accomplish projects and to provide resources to its residents
now and in the future while still meeting applicable code and
application requirements. The way City Code is currently written the
City is unable to authorize a 5, 10, 15 year or longer lease. Amending
the code would help the City fulfill desired capital projects. Vice Chair
Osborne shared that he did not see any disadvantages to amending
this code and it would provide vendors with a better certainty of return
on their investment. Committee discussion followed.
D. Resolution No. 5081 - City of Milton ILA (Tiedeman)
Ron Tiedeman, Innovation and Technology Director, introduced
Resolution No. 5081 to the committee. This is a Resolution of the City
Council of the City of Auburn, Washington, authorizing the Mayor to
execute an interlocal agreement between the City of Auburn and the
City of Milton for information technology services. This ILA is similar
to other agreements that the City has with four other agencies for IT
related support. The only difference is that $1,500.00 in up front
charges for administrative fees due to specific consulting work
requests requiring additional staff and management time has been
included in the agreement. There are still administrative fees built into
the hourly rates and the remainder of the contract remains the same.
This includes the standard CPI, mileage and travel expenses.
Committee discussion followed.
E. Animal Control and Rescue (Lee)
Chief of Police Bob Lee reported on Animal Control operations for the
second quarter of 2014. The statistics show that the animal control
numbers are now somewhat leveling off. The number of calls to 911
and self- initiated calls have increased over this same period in the
previous year. In this quarter there was one wildlife - related call and it
involved the transportation of a baby raccoon to a nearby wildlife
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MS.1 Page 16 of 280
veterinarian /rehabilitation facility. Vice Chair Osborne requested the
inclusion of the number of citizens that received an infraction for a
second or third offense in the next quarterly report. Committee
discussion followed.
F. APD Range (Lee)
Chief Bob Lee updated the committee on the Auburn Police
Department (APD) Firearms Range. The range has been at its
present location for more than 35 years and has been used by a
multitude of local jurisdictions /agencies for their mandatory firearms
training and annual qualifications. As the surrounding residential
area became more populated the APD instituted several restrictions
and considerably reduced the number of jurisdictions /agencies
allowed to utilize the range. Currently, it is used for firearms training
and yearly qualifications for current APD staff and retirees, Valley
SWAT team training, and qualifications for SCORE (South
Correctional Entity) armed officers. Days and hours of operation have
been limited to Monday through Friday from 8:00 a.m. to 5:00 p.m.
On rare occasions a Saturday training has been approved and nearby
residents were notified well in advance of the scheduled
training /activity. Committee discussion followed.
G. Project Matrix
The following updates were identified for the Project Matrix:
Item 10P: Review date was changed to "TBD (To Be Determined)."
Status updated.
Item 20P: Review date changed to 10/13/14.
Item 28P: Status updated.
Item 31: Review date changed to 7/28/14. Status updated.
IV. ADJOURNMENT
The meeting was adjourned at 4:30 p.m. The next regular meeting of the
Municipal Services Committee is scheduled for Monday, July 28, 2014 in
Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA.
Signed this day of July, 2014.
Bill Peloza, Chair Terry Mendoza, Police Secretary /Scribe
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Agenda Subject:
July 14, 2014 Minutes
Department:
Planning and Development
Attachments:
x x
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Holman
Meeting Date: July 21, 2014
AGENDA BILL APPROVAL FORM
Date:
July 16, 2014
Budget Impact:
$0
Staff:
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CALL TO ORDER
Planning and Community
Development
July 14, 2014 - 5:00 PM
Annex Conference Room 2
MINUTES
Chair Holman called the meeting to order at 5:00 p.m. in Annex
Conference Room 2 located on the 2nd floor of One Main Professional
Plaza, One East Main Street, Auburn, Washington.
A. Roll Call
Chair John Holman, Vice -Chair Largo Wales and Member Yolanda
Trout were present. Also present were Mayor Nancy Backus, Director
of Community Development and Public Works Kevin Snyder, City
Attorney Dan Heid, Director of Administration Michael Hursh,
Assistant Director of Community Development Services Jeff Tate,
Assistant Director of Engineering Services /City Engineer Ingrid Gaub,
Planning and Design Services Manager Elizabeth Chamberlain,
Environmental Services Manager Chris Andersen, Engineering Aide
Amber Mund, and Planning Secretary Tina Kriss.
Members of the audience present: Blake Haddock, Colin Thorpe,
Jessie Winkler of the USACE, Russ Campbell, and Robert Whale of
the Auburn Reporter.
B. Announcements
Staff explained that an attachment has been provided to replace the
Annotated Outline & Summary, attached to the Agenda Bill to
Resolution No. 4959.
C. Agenda Modifications
There was one agenda modification transmitted to the Agenda under
III. ACTION:
III. B. Resolution No. 5084
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor and the City Clerk of the City of Auburn to enter
into an Interlocal Cooperation Agreement between the City and King
County, for the purposes of administering the Federal Home
Investment Partnership Program (Home).
CmeII�� 1
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A. Minutes - June 23, 2014 (Tate)
Vice -Chair Wales moved and Member Trout seconded to approve the
June 23, 2014 Planning and Community Development Committee
minutes as written.
Motion carried unanimously. 3 -0
111. ACTION
A. Resolution No. 4959
Environmental Services Manager Chris Andersen introduced Jessie
Winkler, Chief of the US Army Corps of Engineers ( USACE),
Seattle District who is active in assisting in the partnership of design
and construction between the USACE and the City of Auburn. An
introduction was also provided for Michael P. Stronger, AICP, of Maul
Foster Alongi, who is assisting the City with project management.
Environmental Services Manager Chris Andersen distributed a
handout overview depicting the project location, key restoration
outline, and highlights the partners participating financially in support
of the project.
The Committee and staff reviewed changes within the Annotated
Outline and Summary, deleting the suspension provision in Article II
previously included. If the bid were to come in exceeding the
government cost estimate budgeted by the USACE or the City, there
would be no obligation to award the contract. Staff pointed out that
the only change that may be made to the Project Partnership
Agreement is that the signatory for the USACE as there will be a
change of command this month for Colonel Bruce A. Estok. The
Committee and staff reviewed the crediting and funding sources, cost
sharing, and project costs. The total cost estimate developed and
projected by the USACE is $5,738,048.00.
The Committee expressed their appreciation to the USACE in
partnering with the City on the restoration project; providing support
with budget and cost issues without jeopardizing quality to produce a
successful project to build on in the future. Staff reviewed the
project timeline and moving Resolution No. 4959 to Public Works for
discussion and to City Council for consideration at their July 21, 2014
meetings. The Committee was supportive of Resolution No. 4959.
Vice -Chair Wales moved and Member Trout seconded to recommend
City Council adopt Resolution No. 4959.
Motion carried unanimously. 3 -0
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B. Resolution No. 5084
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor and the City Clerk of the City of Auburn to enter
into an Interlocal Cooperation Agreement between the City and King
County, for the purposes of administering the Federal Home
Investment Partnership Program (Home).
Director of Administration Michael Hursh provided the staff report on
Resolution No. 5084. If adopted, Resolution No. 5084 would allow the
City to renew the interlocal agreement with King County as a HOME
partner. This Housing and urban Development program is specifically
designed to address affordable housing in communities and support
for developers that can meet the local goals. Passage of the
agreement will also renew the City's seat on the Joint
Recommendations Committee (RJC) of King County to maintain a
position on the Consortium's official voting body.
A discussion was held regarding the City's block grant funding
received and HOME funds. The Committee was supportive of
Resolution No. 5084.
Vice -Chair Wales moved and Member Trout seconded to recommend
City Council adopt Resolution No. 5084.
Motion carried unanimously. 3 -0
IV. DISCUSSION ITEMS
A. Resolution No. 5078 (Mund)
Engineering Aide Amber Mund presented Resolution No 5078, setting
the public hearing for Franchise Agreement No. 13 -28 Electronic
Lightwave LLC for September 2, 2014 at 7:30 pm in Council
Chambers. After review, the Committee had no questions regarding
Franchise Agreement No. 13 -28 for Resolution No. 5078 to set the
public hearing before City Council.
B. Communal Housing Follow -Up Discussion (Tate)
Discuss modifications to the communal residence program, policies,
and regulations.
Assistant Director of Community Development Services Jeff Tate
opened the discussion on Communal Housing by providing a brief
history regarding the City's Communal Housing program and the
outcome of the Conditional Use Permit decisions that went before the
Hearing Examiner May 28, 2014 regarding communal housing. He
also updated the Committee that Council adopted Resolution No.
5079 establishing a moratorium on the acceptance or processing of
applications for business licenses and other licenses, permits and
approvals for communal residential rental housing. A public hearing
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has been scheduled for July 21, 2014 to further consider the
moratorium.
Several questions were posed to the Committee to facilitate the
conversation regarding communal residence standards and the city's
rental housing standards. A discussion was held regarding family
homes, group residence facilities, and residences that have a
rehabilitation focus and the state rules and regulations.
The Committee stated that while they do promote businesses, e.g.
day cares, and other residence facilities, these businesses are
required to have specific guidelines mandated by the state. Student
rentals are not mandated by the state and do not require specific
regulations, they are not monitored or regulated. A concern arises for
student health, life /safety issues when rentals are not monitored or
regulated, and without oversight it may not preserve neighborhoods.
A discussion took place regarding the Hearing Examiner's conditions
placed on the CUPs conditions and the possibility of using those
conditions in a revised code. The Committee expressed their concern
for the students living in these communal residences without oversight
from the owners, the owners may not live locally.
The Committee and staff discussed the option of using distance, the
number of bedrooms, and student tracking as guidelines for
communal residences. Staff pointed out that the implementation of
any of any program that has multiple layers requires monitoring,
tracking and review by City staff which may cycle every three months.
Chair Holman invited members of the audience forward to comment
on communal housing.
Colin Thorpe, 31036 123rd Lane SE, Auburn
Mr. Thorpe explained that he is on the board for the Village Square at
Lea Hill Condominiums. There are two student rentals located in the
complex; the neighbors enjoyed their homes before these student
rentals were present and now believe they went from "heaven" to
"hell ". An unknown number of students flow in and out of the homes
with rotating tenants every three months. With no space between the
homes the noise transfer is a nuisance. The owner of the student
rental does not maintain his homes, pay the water bill, or Home
Owners Association fees. With no resident parking the students take
up the guest parking for everyone.
Russ Campbell, 31606 126th Ave SE, Auburn
Mr. Campbell distributed a letter submitted by Shao Xia Zhu and Gary
Kiefer that included a letter by Robert DeWitt dated June 17,
2013. The letter was submitted as part of the public comment
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response from the May 28, 2014 Hearing Examiner meeting. Mr.
Campbell explained that Mr. Dewitt's letter points out that he
limited his property rental, one person to each of the regular
bedrooms. The letter also stated that the best use of the homes in the
neighborhood is for auxiliary student housing, investors purchasing
these homes, not young families.
Mr. Campbell pointed out that 95% of the homes in Rainier Ridge
neighborhood, based on the County records, have 4 or less bedrooms
(54% with 3 or less bedrooms).
After discussion, the Committee determined that they would like staff
to provide language that would allow communal residences for 4 or
fewer occupants, with the rentals spread out, and removing the option
of applications for conditional use permits for over 4 occupants. Staff
will draft code language to bring forward to the Planning Commission.
C. Comprehensive Plan Update Overview (Chamberlain)
Provide an overview of the comprehensive plan and amendment
process.
Planning and Design Services Manager Elizabeth Chamberlain
provided an overview of the comprehensive plan amendment process,
including how the state requirements and regional documents relate to
Auburn's Comprehensive Plan update. The Committee and staff
discussed the optional elements. Staff distributed a spreadsheet
which shows the lead committee and staff which will provide the
coordination for the various chapter updates. The deadline for the
Comprehensive Plan update is June 30, 2015.
D. Director's Report (Tate)
Assistant Director Tate reported that a new Code Compliance Officer
has been hired, Chris Barack. The city will be recruiting for a new
Planner to focus on urban design, commercial projects, and
pedestrian and parking issues as well as coordinating with the Auburn
Downtown Association.
Orion Aerospace has been issued a Certificate of Occupancy. They
still have a few items to complete and will be coordinating with City
staff. IndianNictory Motorcycle of Auburn has also been issued their
Certificate of Occupancy.
The additional concrete pour to the 2nd floor of the Trek Apartments
will take place on Tuesday.
Developer Blake Haddock of La Quinta, CA introduced himself to the
Committee and stated he purchased property in the Lakeland area
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and will be developing a residential subdivision.
E. PCDC Status Matrix (Tate)
A discussion was held regarding the pedestrian kiosks costs and a
walking tour, no changes or additions to the PCDC Status Matrix were
requested.
V. ADJOURNMENT
There being no further business to come before the Planning and
Community Development Committee, the meeting was adjourned at 7:25
p. M.
Approved this
2014.
John Holman - Chair
Tina Kriss - Planning Secretary
day of
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Agenda Subject:
July 7, 2014 Minutes
Department:
Public Works
Attachments:
Draft Minutes
Administrative Recommendation:
Background Summary:
See attached draft minutes.
Reviewed by Council Committees:
Public Works
Councilmember: Osborne
Meeting Date: July 21, 2014
AGENDA BILL APPROVAL FORM
Date:
July 15, 2014
Budget Impact:
$0
Staff:
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I. CALL TO ORDER
Public Works Committee
July 7, 2014 - 3:30 PM
Annex Conference Room 2
MINUTES
Chairman Wayne Osborne called the meeting to order at 3:30 p.m. in
Conference Room #2, located on the second floor of Auburn City Hall, One
East Main Street, Auburn, Washington.
A. Roll Call
Chairman Wayne Osborne, Vice -Chair Bill Peloza, and Member
Claude DaCorsi were present. Also present during the meeting were:
Mayor Nancy Backus, Community Development & Public Works
Director Kevin Snyder, Assistant Director of Engineering /City Engineer
Ingrid Gaub, Assistant Director of Public Works Operations Randy
Bailey, Assistant City Engineer Jacob Sweeting, Transportation
Manager Pablo Para, Finance Director Shelley Coleman, City
Attorney Dan Heid, Engineering Aide Amber Mund, Street Systems
Engineer Jai Carter, Project Engineer Matt Larson, Project Engineer
Seth Wickstrom, Environmental Services Manager Chris Andersen
and Public Works Secretary Molly Mendez.
Members of the public in attendance included: Mike Stringer.
B. Announcements
There were no announcements.
C. Agenda Modifications
There was one agenda modification, removing Action Item F, Public
Works Project No. CP1104, from the agenda.
11. CONSENT AGENDA
A. Approval of Minutes
Public Works Committee to approve the minutes of the June 16, 2014
Public Works Committee meeting.
Vice -Chair Peloza noted a minor error on page 4 of the minutes.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee approve the Public Works Committee Meeting
minutes for date, June 16, 2014, as amended.
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Motion carried 3 -0.
111. ACTION
A. Right -of -Way Use Permit No. 14 -25 (Mund)
Approve Right -of -Way Use Permit No. 14 -25 for Lehnertz Family LLC
Engineering Aide Mund explained Right -of -Way Use Permit No. 14 -25
is for Lehnertz Family LLC. Lehnertz Family LLC has applied for
renewal of a Right -of -Way Use Permit for a term of five years. This
permit is for existing awnings and canopies attached to the Truitt
Building.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee approve Right -of -Way Use Permit No. 14 -25 for
Lehnertz Family LLC.
Motion carried 3 -0.
B. Right -of -Way Use Permit No. 14 -26 (Mund)
Approve Right -of -Way Use Permit No. 14 -26 for Scarff Motors Inc.
Engineering Aide Mund explained Right -of -Way Use Permit No. 14 -26
is for Scarff Motors Inc to continue to park vehicles in the right -of -way
surrounding their property. This is a five year renewal of a recently
expired permit.
Engineering Aide Mund responded to a question asked by Vice -Chair
Peloza regarding rent collection.
Answering a question asked by Member DaCorsi, Engineering Aide
Mund explained the spot mark process.
Member DaCorsi noted a Scrivener's error on page 15, paragraph 6A.
Engineering Aide Mund will correct.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee approve Right -of -Way Use Permit No. 14 -26 for
Scarff Motors Inc.
Motion carried 3 -0.
C. Public Works Project No. CP1224 (Wickstrom)
Approve Final Pay Estimate No. 9 to Contract No. 13 -04 in the
amount of $21,373.86 and accept construction of Project No. CP1224,
2013 Local Street pavement Reconstruction Project
Project Engineer Wickstrom provided a brief background summary of
the project. There were no questions from the Committee.
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It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee approve Final Pay Estimate No. 9 to Contract No.
13 -04 in the amount of $21,373.86 and accept construction of Project
No. CP1224, 2013 Local Street Pavement Reconstruction Project.
Motion carried 3 -0.
D. Public Works Project No. CP1225 (Wickstrom)
Approve Final Pay Estimate No. 5 to Contract No. 13 -05 in the
amount of $4,720.00 and accept construction of Project No. CP1225,
West Valley Highway System Preservation Project
Project Engineer Wickstrom provided a brief background summary of
the project. There were no questions from the Committee.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee approve Final Pay Estimate No. 5 to Contract No.
13 -05 in the amount of $4,720.00 and accept construction of Project
No. CP1225, West Valley Highway System Preservation Project.
Motion carried 3 -0.
E. Public Works Project No. CP1024 (Larson)
Award Contract No. 14 -06 to Rodarte Construction, Inc. on their low
bid of $577,667.45 for Project No. CP1024, M Street SE and Auburn
Way South Intersection Improvements
Assistant City Engineer Sweeting explained that staff is asking for
permission to award Contract No. 14 -06.
Assistant City Engineer Sweeting responded to a question asked by
Member DaCorsi regarding the engineers estimate and low bid
amount.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee award Contract No. 14 -06 to Rodarte
Construction, Inc. on their low bid of $577,667.45 for Project No.
CP1024, M Street SE and Auburn Way South Intersection
Improvements.
Motion carried 3 -0.
F. Public Works Project No. CP1104 (Larson)
Reject all Bids and Re- advertise Contract No. 14 -09 for Project No.
CP1104, 8th St NE and 104th Ave SE Intersection Improvements
Action Item F was removed from the agenda.
G. Public Works Project No. CP1323 (Carter)
Approve Award of Contract No. 14 -11, to the Lowest Responsible
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Bidder for Project No. CP1323, 2014 Local Street Pavement
Reconstruction Project
Street System Engineer Carter distributed updated agenda bill
information on the bid and provided a brief background summary of
the project. There were no questions from the Committee.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee approve award of Contract No. 14 -11, to the
lowest responsible bidder for Project No. CP1323, 2014 Local Street
Pavement Reconstruction Project.
Motion carried 3 -0.
H. Public Works Project No. CP1301 (Carter)
Approve Final Pay Estimate No. 4 to Contract No. 13 -20 in the
amount of $46,235.40 and accept construction of Project No. CP1301,
2013 Citywide Sidewalk Repair Project
Street System Engineer Carter provided a brief background summary
of the project. There were no questions from the Committee.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee approve Final Pay Estimate No. 4 to Contract No.
13 -20 in the amount of $46,235.40 and accept construction of Project
No. CP1301, 2013 Citywide Sidewalk Repair Project.
Motion carried 3 -0.
IV. DISCUSSION ITEMS
A. Revenue Manual (Coleman)
2014 Revenue Manual
For the purpose of these minutes, this item was discussed after
Discussion Item C.
Finance Director Coleman responded to a question asked by
Chairman Osborne regarding the percentage which goes towards
arterial street improvement funding.
B. Resolution No. 5080 (Bailey)
A Resolution of the City Council of the City of Auburn, Washington
Declaring Certain Items of Property as Surplus and Authorizing their
Disposal
For the purpose of these minutes, this item was discussed after
Discussion Item A.
Assistant Director of Public Works Operations Bailey provided an
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overview of Resolution No. 5080.
In response to a question asked by Member DaCorsi, Assistant
Director of Public Works Operations Bailey explained the surplus
process.
Responding to a question asked by Vice -Chair Peloza, Assistant
Director of Public Works Operations Bailey advised as to how a non-
profit organization would be able to acquire a surplus item.
C. Mill Creek Wetland 5K Restoration Project (Andersen)
Review and discuss the federal /non - federal partnership agreement for
City Project No. CP0746
For the purpose of these minutes, this item was discussed prior to
Discussion Item A.
Environmental Services Manager Andersen asked for Chairman
Osborne's permission to include Mike Stringer (with the environmental
consulting firm) at the table for this discussion. Chairman Osborne
permitted.
Environmental Services Manager Andersen provided overview of the
project.
There was a short group discussion regarding the total estimated
project cost and what the costs to the City would be following a
question asked by Chairman Osborne.
Member DaCorsi asked if the funding will no longer be available if the
deadline is not met. Environmental Services Manager Andersen
responded stating it has been indicated by the Corp that it is highly
likely that the funds will not be available if it is not secured by the
deadline.
In response to a question asked by Chairman Osborne,
Environmental Services Manager Andersen outlined what the
continued maintenance will be once construction is complete.
There was a short conversation regarding beaver dams near this
project location.
D. Capital Project Status Report (Sweeting)
Item 25 — CP1304 — 37th St & B St NW BNSF Pre - Signal:
Responding to a question asked by Member DaCorsi, Assistant City
Engineer Sweeting explained the City has obtained a tentative
approval from BNSF for the proposed design using the Railroads
cantilever structure and currently the process of negotiating the
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agreement is underway.
E. Significant Infrastructure Projects by Others - Public Works Status
Report (Laub)
Assistant City Engineer provided updated information to the
Committee regarding the replacement of gas lines on Auburn Way
South following a question asked by Chairman Osborne.
F. Action Tracking Matrix (Laub)
Item F — 105th Street Sewer Odor:
Assistant Director of Public Works Operations Bailey advised there
are no new findings on this item in response to a question asked by
Chairman Osborne.
V. ADJOURNMENT
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 4:22 p.m.
Approved this 21st day of July, 2014.
Wayne Osborne Molly Mendez
Chairman Public Works Department Secretary
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Agenda Subject:
July 7, 2014 Minutes
Department: Attachments:
Administration 7- 7 -4 014 minutes
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Finance
Councilmember: Wales
Meeting Date: July 21, 2014
AGENDA BILL APPROVAL FORM
Date:
July 15, 2014
Budget Impact:
$0
Staff:
Item r: FN.1
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CALL TO ORDER
Finance Committee
July 7, 2014 - 5:00 PM
Annex Conference Room 1
MINUTES
Chair Largo Wales called the meeting to order at 5:00 p.m. in Annex
Conference Room 1 located on the second floor of the City Hall Annex
located at 1 East Main Street in Auburn.
A. Roll Call
Chair Wales, Vice Chair Holman and Member Yolanda Trout were
present.
Officials and staff members present included: Mayor Nancy Backus,
City Attorney Daniel B. Heid, Chief of Police Bob Lee, Community
Development and Public Works Director Kevin Snyder, Assistant
Director of Public Works Services Randy Bailey, and Deputy City
Clerk Shawn Campbell.
B. Announcements
There was no announcement.
C. Agenda Modifications
There was no change to the agenda.
CONSENT AGENDA
A. June 16, 2014 Minutes
Vice Chair Holman moved and Member Trout seconded to approve
the June 16, 2014 minutes as distributed.
MOTION CARRIED UNANIMOUSLY. 3 -0
B. Claims Vouchers (Coleman)
Claims voucher numbers 429146 through 429591 in the amount of
$4,650,987.48 and four wire transfers in the amount of $66,016.33
and dated July 7, 2014.
Member Trout asked about the utility rebate vouchers. Director
Coleman stated the City has a program that once a year allows low
income seniors and disabled citizens to apply for a discount on their
utility bill.
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FN.1 Page 33 of 280
Vice Chair Holman moved and Member Trout seconded to approve
and forward the claims and payroll vouchers to the full Council for
consideration.
MOTION CARRIED UNANIMOUSLY. 3 -0
C. Payroll Vouchers (Coleman)
Payroll check numbers 534787 through 534815 in the amount of
$266,695.93 and electronic deposit transmissions in the amount of
$1,332,861.27 for a grand total of $1,599,557.20 for the period
covering June 12, 2014 to July 2, 2014.
See claims vouchers above for approval of payroll vouchers.
III. ORDINANCES
A. Ordinance No. 6510 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Ordinance No. 6432, the 2013 -2014 Biennial Budget
Ordinance, as amended by Ordinance No. 6456, Ordinance No. 6462,
Ordinance No. 6472, Ordinance No. 6473, Ordinance No. 6474,
Ordinance No. 6481, Ordinance No. 6502, authorizing amendment to
the City of Auburn 2013 -2014 Budget as set forth in Schedule "A"
and Schedule "B"
Director Coleman presented Ordinance No. 6510. She explained the
Finance Department prefers to wait until the audit has been
completed before adjusting the ending fund balances from the
previous year. The audit has now been completed and with this
budget amendment the ending fund balance from 2013 will
become actuals. The Police Department is also filling 5
supernumerary positions that are expected to be vacated in the next
six months.
Vice Chair Holman discussed the length of time it takes to hire a
police officer, get them fully trained and out on the streets. Chief Lee
stated it is currently taking approximately a year and a half. Part of the
time is waiting for an opening in the police academy.
Vice Chair Holman moved and Member Trout seconded to approve
and forward Ordinance No. 6510 to the full Council for consideration.
MOTION CARRIED UNANIMOUSLY. 3 -0
IV. RESOLUTIONS
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A. Resolution No. 5080 (Bailey)
A Resolution of the City Council of the City of Auburn, Washington,
declaring certain items of property as surplus and authorizing their
disposal
Assistant Public Works Director Bailey introduced Resolution No.
5080. He explained the resolution is to surplus three patrol cars, two
motorcycles and various equipment.
Vice Chair Holman moved and Member Trout seconded to approve
and forward the Resolution No. 5080 to the full Council for
consideration.
MOTION CARRIED UNANIMOUSLY. 3 -0
V. DISCUSSION ITEMS
A. Ordinance No. 6514 (Reid)
An Ordinance of the City Council of the City of Auburn, Washington,
creating a new Chapter 9.84 of the Auburn City Code relating to lewd
conduct
City Attorney Heid introduced Ordinance No. 6514. He stated
currently some lewd conduct does not constitute a chargeable
offense. This ordinance will give police officers additional tools for
effective law enforcement.
Vice Chair Holman explained some jurisdictions adopt portions of the
Revised Code of Washington (RCW) by reference. He provided three
examples of how other jurisdictions have adopted portions of the
RCW by reference, he said it is sometimes difficult for officers to find
to correct statute to enforce.
B. Revenue Manual (Coleman)
2014 Revenue Manual
Director Coleman presented the Revenue Manual to the Committee.
She explained the different revenue streams and taxes the City
receives, how each dollar a resident pays in property tax or sales
tax is divided amount the local, county, state and federal
government. She also explained how the City of Auburn compares to
other cities in the region based on the per- capita valuation of
revenues of each jurisdiction. The City plans to have this document
available on the website for citizens to review.
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VI. ADJOURNMENT
There being no further business to come before the Committee, the
meeting adjourned at 5:26 p.m.
APPROVED this day of July, 2014.
LARGO WALES, CHAIR Shawn Campbell, Deputy City Clerk
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AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
July 21, 2014 Junior City Council meeting July 16, 2014
Department: Attachments: Budget Impact:
Administration No Attachments Available $0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Wagner Staff:
Meeting Date: July 21, 2014 Item r:
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the July 7, 2014 regular meeting
Department: Attachments:
Administration 7- 7 -4 ®14 i1��Minutes
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: July 21, 2014
Date:
July 15, 2014
Budget Impact:
$0
Staff:
Item r: CA.A
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I. CALL TO ORDER
A. Flag Salute
City Council Meeting
July 7, 2014 - 7:30 PM
Auburn City Hall
MINUTES
Mayor Nancy Backus called the meeting to order at 7:30 pm and led
those in attendance in the Pledge of Allegiance.
City Councilmembers present: Deputy Mayor Wagner, Bill Peloza,
Largo Wales, Wayne Osborne, John Holman, Claude DaCorsi, and
Yolanda Trout.
Department Directors and staff members present: Community
Development and Public Works Director Kevin Snyder, Finance
Director Shelley Coleman, City Attorney Daniel B. Heid, Police Chief
Bob Lee, Assistant Director of Engineering Services /City Engineer
Ingrid Gaub, Engineering Aide Amber Mund, Director of
Administration Michael Hursh, and Deputy City Clerk Shawn
Campbell.
C. Announcements, Appointments, and Presentations
There was no announcement, appointment or presentation.
D. Agenda Modifications
Updated information for Public Works Project CP1323 was provided to
Council.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
Public Hearing for Right -of -Way Vacation V2 -14
(Osborne /Snyder)
City Council to conduct a public hearing on a petition for vacation
of un- opened right -of -way at the location of South 324th Street
between 46th Place South and 51st Avenue South, south of
South 321st Street and adjacent to Parcel Nos. 1521049128,
1521049001, 1521049020, 9262800271,
9262800194 and 9262800201.
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Engineering Aide Mund provided Council with the staff
presentation for the project. She explained the City is
considering a petition for the vacation of an un- opened right -of-
way. The City has no need for the right -of -way. The right -of -way
was dedicated for public street purposes to King County in 1907
through a plat dedication. The developer has applied for the right -
of -way dedication to incorporate the right -of -way into the
development of the adjoining property. City staff, other
jurisdictions and utility purveyors have reviewed the application
and determined there are no public or private utilities in the right -
of -way that would require easements. City staff support the
vacation on the condition the vacation would become effective
upon the final plat recordation, as long as the final plat provides a
right -of -way easement for network connections between 46th and
51 st. Staff also recommend a temporary construction easement
be granted over the area to be vacated to assist the applicant in
achieving final plat.
Mayor Backus opened the hearing at 7:33 p.m.
Virginia Haugen, 2503 R Street SE, Auburn
Ms. Haugen asked how many houses will be built in the proposed
development.
Director Snyder stated the plat map show 154 lots.
Kathy Gough - 32521 46th Avenue S, Auburn
Ms. Gough asked what will happen to the road below the new
right -of -way. She is concerned this will increase traffic and crime
by her home. She wants to know what the Council intends
to do to make residents feel safe.
Director Snyder stated the preliminary plans regarding the
proposed plat are an exhibit to Ordinance No. 6509. This item has
been before the Hearing Examiner and the City is awaiting the
Hearing Examiner's decision regarding the approval of the
preliminary plat. The City Council does not typically have
involvement in preliminary plat consideration. The item before the
Council is only the right -of -way vacation.
Al Brown, 32261 46th Place S, Auburn
Mr. Brown stated he lives across the street from the proposed
development. He asked if the plat had been approved. Director
Snyder explained the decision is currently at the Hearing
Examiner and explained the process a developer must go through
to receive final plat approval. Mr. Brown stated he has lived
accrss the street from the development for 44 years and does not
want his property encumbered by more traffic. He would like to
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get the actual information on the proposed plat. Director Snyder
offered staff to meet with citizens to answer questions.
Nick Abdelnour, 11624 SE ST, Bellevue
Mr. Abdelnour works for Polygon NW and offered to sit down
citizens with questions or concens regarding this development.
Mayor Backus closed the hearing at 7:43.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to
the City Council on any issue. Those wishing to speak are reminded to
sign in on the form provided.
Liz Tidyman, 1720 140th Lane SE, Bellevue
Ms. Tidyman stated she would like to inform the Council that
the Washington State Department of Health Certificate of Need
program will hold a public hearing on July 15, 2014 regarding a
planned nursing home at Wesley Homes on Lea Hill.
Christina Enriquez, 4027 S 340th Street, Auburn
Ms. Enriquez stated she has worked as a public health nurse in the
area for 29 years. She is appalled by King County's plan to close the
Auburn and Federal Way Public Health offices. She asked
for assistance getting information to citizens who will be affected. She
also asked the Council to address this concern with the King County
Council.
Carol Tanaka, 5036 Elizabeth Loop SE, Auburn
Ms. Tanaka stated she is a nurse practitioner at the Auburn Public
Health Clinic. She sees a large amount of homeless and at risk people
who use their services. She is concerned if King County closes the
Auburn Public Health office these citizens will not have adequate
health care. She asked for support from the Council with petitioning
the King County Council.
Mayor Backus thanked both nurses for there efforts on behalf of the
citizens of Auburn.
Virginia Haugen, 2503 R Street SE, Auburn
Ms. Haugen commented on a business closing due to redevelopment.
C. Correspondence
There was no correspondence for City Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
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Chair Peloza reported the Municipal Services Committee met on June
23, 2014. The Committee reviewed Ordinance No. 6514 creating a
new chapter of the Auburn City Code regarding lewd conduct. The
next regular meeting of the Municipal Services Committee is
scheduled for July 14, 2014.
B. Planning & Community Development
Chair Holman reported the Planning and Community Development
Committee met June 23, 2014. The Committee reviewed the 2015
Comprehensive Plan amendments, the Mill Creek 5 K Restoration
Project, Assistant Director of Community Development Services Jeff
Tate gave an overview of the plat planning process and the
connectivity of the Auburn community. The next regular meeting of
the Planning and Community Development Committee is scheduled
for July 14, 2014.
C. Public Works
Chair Osborne reported the Public Works Committee met this
afternoon at 3:30. The Committee reviewed right -of -way permits,
approval of final pay estimates for the 2013 Local Street Pavement
Project, the West Valley Preservation Project, award the contract
for M Street SE and Auburn Way S Construction Improvement Project
to Rodarte Construction, approval of the contract to Rodarte
Construction for 2014 Local Street Pavement Reconstruction Project
and the approval of the final pay estimate for the 2013 Street
Sidewalk Repairs Project. The Committee discussed the Revenue
Manual, Resolution No. 5080 to surplus property, the Mill Creek 5 K
Restoration Project, the capital project status report, significant
projects within the City and the action tracking matrix. The next
regular meeting of the Public Works Committee is scheduled for July
21, 2014.
D. Finance
Chair Wales reported the Finance Committee met this evening at
5:00. The Committee reviewed claims vouchers in the amount of
approximately $4.7 million and payroll vouchers in the amount of
approximately $1.6 million. The Committee reviewed Ordinance No.
6510 amending the 2013 -2014 budget and Resolution No. 5080
surplusing items. The Committee also discussed Ordinance No. 6514
amending the Auburn City Code regarding lewd conduct and the
Revenue Manual. The next regular meeting of the Finance Committee
is scheduled for July 21, 2014.
E. Les Gove Community Campus
The next regular meeting of the Les Gove Community Campus
Committee is scheduled for July 23, 2014.
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F. Council Operations Committee
Deputy Mayor Wagner reported the Committee of the Whole met on
June 30, 2014. The Committee received a presentation from the King
Conservation District, the Auburn Downtown Association, the City of
Auburn Utility Engineer regarding automating the utility meters and a
short summary of the Imagine Auburn Project from Planning Services
Manger Chamberlain.
Deputy Mayor Wagner reported on July 26, 2014 the Council held a
Special City Council meeting to receive a presentation from SeaTac
Mayor Mia Gregerson to discuss the City of SeaTacs' transition from
Council Committees to study sessions.
The next regular meeting of the Council Operations Committee is
scheduled for July 9, 2014.
G. Junior City Council
The next regular meeting of the Junior City Council is scheduled for
July 21, 2014.
IV. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City
Council to be routine and will be enacted by one motion in the form listed.
A. Minutes of the June 16, 2014 regular meeting
B. Claims Vouchers (Wales /Coleman)
Claims voucher numbers 429146 through 429591 in the amount of
$4,650,987.48 and four wire transfers in the amount of $66,016.33
and dated July 7, 2014.
C. Payroll Vouchers (Wales /Coleman)
Payroll check numbers 534787 through 534815 in the amount of
$266,695.93 and electronic deposit transmissions in the amount of
$1,332,861.27 for a grand total of $1,599,557.20 for the period
covering June 12, 2014 to July 2, 2014.
D. Public Works Project No. CP1224 (Osborne /Snyder)
City Council approve Final Pay Estimate No. 9 to Contract No. 13 -04
in the amount of $21,373.86 and accept construction of Project No.
CP1224, 2013 Local Street pavement Reconstruction Project
E. Public Works Project No. CP1225 (Osborne /Snyder)
City Council approve Final Pay Estimate No. 5 to Contract No. 13 -05
in the amount of $4,720.00 and accept construction of Project No.
CP1225, West Valley Highway System Preservation Project
F. Public Works Project No. CP1301 (Osborne /Snyder)
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City Council approve Final Pay Estimate No. 4 to Contract No. 13 -20
in the amount of $46,235.40 and accept construction of Project No.
CP1301, 2013 Citywide Sidewalk Repair Project
G. Public Works Project No. CP1024 (Osborne /Snyder)
City Council award Contract No. 14 -06 to Rodarte Construction, Inc.
on their low bid of $577,667.45 for Project No. CP1024, M Street SE
and Auburn Way South Intersection Improvements
H. Public Works Project No. CP1323 (Osborne /Snyder)
City Council approve Award of Contract No. 14 -11, to the Lowest
Responsible Bidder for Project No. CP1323, 2014 Local Street
Pavement Reconstruction Project.
Mayor Backus announced Public Works Project CP1104 was
removed from the agenda.
Deputy Mayor Wagner moved and Councilmember Peloza seconded
to adopt the Consent Agenda as modified.
The Consent Agenda includes minutes, claims and payroll
vouchers, and Public Works Projects.
MOTION CARRIED UNANIMOUSLY. 7 -0
V. UNFINISHED BUSINESS
There was no unfinished business.
VI. NEW BUSINESS
There was no new business.
VII. ORDINANCES
A. Ordinance No. 6509 (Osborne /Synder)
An Ordinance of the City Council of the City of Auburn Washington,
vacating un- opened right -of -way of South 324th Street between 46th
Place South and 51 st Avenue South, south of South 321 st
Street, within the City of Auburn, Washington
Councilmember Osborne moved and Councilmember Peloza
seconded to introduce and adopt Ordinance No. 6509.
Ordinance No. 6509 vacates a 30 foot easement no longer needed by
the City.
MOTION CARRIED UNANIMOUSLY. 7 -0
B. Ordinance No. 6510 (Wales /Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
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amending Ordinance No. 6432, the 2013 -2014 Biennial Budget
Ordinance, as amended by Ordinance No. 6456, Ordinance No. 6462,
Ordinance No. 6472, Ordinance No. 6473, Ordinance No. 6474,
Ordinance No. 6481, Ordinance No. 6502, authorizing amendment to
the City of Auburn 2013 -2014 Budget as set forth in Schedule "A"
and Schedule "B"
Councilmember Wales moved and Councilmember Holman seconded
to introduce and adopt Ordinance No. 6510.
Ordinance No. 6510 amends the 2013 - 2014 Biennial Budget.
MOTION CARRIED UNANIMOUSLY. 7 -0
C. Ordinance No. 6514 (Peloza /Reid)
An Ordinance of the City Council of the City of Auburn, Washington,
creating a new Chapter 9.84 of the Auburn City Code relating to lewd
conduct
Councilmember Peloza moved and Councilmember Osborne
seconded to introduce and adopt Ordinance No. 6514.
MOTION CARRIED UNANIMOUSLY. 7 -0
D. Ordinance No. 6516 (Holman /Snyder)
An Ordinance of the City Council of the City of Auburn, Washington,
approving the Final Plat of Lakeland Hills Estates
Councilmember Holman moved and Councilmember Osborne
seconded to introduce and adopt Ordinance No. 6516.
MOTION CARRIED UNANIMOUSLY. 7 -0
E. Ordinance No. 6517 (Holman /Snyder)
An Ordinance of the City Council of the City of Auburn, Washington,
approving the final plat of Lakeland Area 9
Councilmember Holman moved and Councilmember Osborne
seconded to introduce and adopt Ordinance No. 6517.
MOTION CARRIED UNANIMOUSLY. 7 -0
VIII. RESOLUTIONS
A. Resolution No. 5080 (Osborne /Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
declaring certain items of property as surplus and authorizing their
disposal
Councilmember Wales moved and Councilmember Holman seconded
to adopt Resolution No. 5080
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MOTION CARRIED UNANIMOUSLY. 7 -0
At this time the Mayor and City Council may report on significant items
associated with their appointed positions on federal, state, regional and
local organizations.
A. From the Council
Deputy Mayor Wagner reported he attended the grand opening of
Orion Industries new facility, the Auburn Area Chamber of
Commerce presentation from the Washington State Insurance
Commissioner, a welcome back celebration for Don Stevenson
who walking to raise money for various charities, and the Regional
Access Mobility Transportation Forum.
Councilmember DaCorsi reported he attended the Orion
Industries' ribbon cutting and the 4th of July celebration.
Councilmember Wales reported she attended three meetings for the
Pierce County Board of Health and a King County Board of Health
meeting, the Puyallup River Watershed meeting and the 4th of
July celebration.
Councilmember Holman reported he attended the National League of
Cities Conference where he attended the First Tier Suburbs meeting.
Councilmember Peloza reported he attended the South County Area
Transportation Board meeting, the Auburn Municipal Airport Advisory
meeting, the King County Water Pollution Abatement meeting and
the King County Flood Control District meeting. He also noted next
Sunday at the Auburn International Farmers Market is the "Dog Days
of Summer ".
Councilmember Osborne reported he attended the Association of
Washington Cities Conference, the tour of the Mill Creek 5 K
Restoration area, the Good Eggs Breakfast, the Regional Water
Quality Committee meeting, and the 4th of July celebration.
Councilmember Trout announced she met with Environmental
Services Manger Chris Andersen regarding the Mill Creek Restoration
Project. She attended the 4th of July celebration and the Association
of Washington Cities Conference.
B. From the Mayor
Mayor Backus noted the Citizens of Auburn are very fortunate to have
a Council that is involved at the local, regional, state and national
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levels.
Mayor Backus reported she presided over the swearing in of a new
police officer, received a vist from the Riverside Key Club, attended a
SCORE meeting and the US Conference of Mayors.
X. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 8:53 p.m.
APPROVED this day of July, 2014.
NANCY BACKUS, MAYOR Shawn Campbell, Deputy City Clerk
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Agenda Subject:
Minutes of the June 11, 2014 special meeting
Department: Attachments:
Administration
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: July 21, 2014
AGENDA BILL APPROVAL FORM
Date:
July 10, 2014
Budget Impact:
$0
Staff:
CA.B AUBURN * MORE THAN YOU IMAGINED Page 48 of 280
Au'BURN
VVA�4III ,'(A"()NN'
CALL TO ORDER
Special City Council Meeting
June 11, 2014- 11:00 AM
Executive Conference Room
MINUTES
Mayor Nancy Backus called the meeting to order at 11:02 a.m. in the Executive
Council Room located at Auburn City Hall, 25 West Main Street in Auburn. The
purpose of the special meeting was to receive the Washington State Auditor's
Annual Audit entrance briefing.
Councilmembers Bill Peloza, John Holman, Wayne Osborne, and Yolanda Trout
were present.
Finance Director Shelley Coleman, Financial Services Manager Rhonda Ewing,
and City Clerk Danielle Daskam were present.
Representatives from the State Auditor's Office present: Audit Supervisor Janise
Hansen, Audit Lead Moriah Banasick and Audit Manager Renee Meyer.
DISCUSSION ITEMS
A. Washington State Auditor's Office Annual Audit Entrance Briefing
Audit Manager Meyer provided the Council with copies of a written overview of
the audit components (entrance document) and reviewed the audit scope:
Accountability Audit - examination of financial records to evaluate whether
public funds were handled properly and in accordance with laws, regulations,
and City policies to ensure no loss of public funds.
Financial Statement Audit - in accordance with the Government Auditing
Standards, obtain reasonable assurance that the financial statements are free
of material misstatement.
Federal Grant Compliance Audit - This audit is required when federal grant
expenditures exceed $500,000.00 in a fiscal year and includes evaluation of
the effectiveness of internal controls and determines compliance with federal
requirements. The audit will ensure compliance with the Highway Planning
and Construction Program, CFDA 20.205.
Other focus areas for the 2013 Audit include procurement for Public Works
projects, cash management at multiple locations, vendor transactions, and
revisiting internal controls at the cemetery. The auditors will revisit last year's
management letter and review cash receipting and inventory of small and
attractive assets such as urns and headstones at the cemetery.
Ms. Hansen also reviewed the types of reporting levels for audit
recommendations including findings, management letters, and exit items.
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III. ADJOURNMENT
There being no further discussion related to the State Auditor's entrance conference,
the meeting adjourned at 11:25 a.m.
APPROVED this day of
NANCY BACKUS, MAYOR
, 2014.
Danielle Daskam, City Clerk
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Agenda Subject:
Minutes of the June 26, 2014 special meeting
AGENDA BILL APPROVAL FORM
Department: Attachments:
Administration 6- 46 -4 014 Special ciiy council Meeting
Minutes
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: July 21, 2014
Staff:
Date:
July 16, 2014
Budget Impact:
$0
Item r: CA.0
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Cj'I Y, of
AUBURN
%'VAS 4 I I IG "C° "O '
CALL TO ORDER
Special City Council Meeting
June 26, 2014 - 5:00 PM
Council Chambers
MINUTES
Mayor Nancy Backus called the special meeting of the City Council to
order at 5:00 p.m. The purpose of the special meeting was to receive a
presentation from the Mayor of the City of SeaTac regarding their
Council's transition from standing committees to study sessions.
Members of the Council present: Deputy Mayor Rich Wagner,
Councilmember Bill Peloza, Councilmember Largo Wales, Councilmember
Wayne Osborne, Councilmember Claude DaCorsi, Councilmember Trout.
Councilmember Holman was excused.
Department Directors and staff members present included: City Attorney
Daniel B. Heid, Community Development and Public Works Director Kevin
Snyder, Assistant Police Chief William Pierson, Economic Development
Manager Doug Lein and Deputy City Clerk Shawn Campbell.
Also present was City of SeaTac Mayor Mia Gregerson.
A. Transition from Standing Committees to Study Sessions
Presentation by City of SeaTac Mayor Mia Gregerson.
Mayor Backus thanked the SeaTac Mayor Mia Gregerson
for attending the special City Council meeting.
Mayor Gregerson explained the City of SeaTac has transitioned from
council subcommittees to conducting study sessions prior to each full
Council Meeting. The study sessions are shorter than anticipated.
Items move through the process faster with the new format.
Councilmember Wales asked if there had been misconceptions from
citizens watching meetings on television regarding a discussion
item opposed to an action item. Mayor Gregerson explained the
agenda is set up to make it clear on what the expectation is
for an item.
Deputy Mayor Wagner asked for the City of SeaTac's criteria to form
an ad -hoc committee. Mayor Gregerson explained the ad -hoc
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committee designation is reserved for items that will impact future
policy, a concept is complicated or there is a range of options
available. The number of ad -hoc committees vary depending on what
is being considered by council. The ad -hoc committee members are
typically selected on a volunteer basis. The claims and payroll
vouchers are sent to all councilmembers via email. If a councilmember
has a question regarding a claim, they can ask it at the study session.
Mayor Gregerson explained public comment is allowed at study
sessions but within specific guidelines. Any item can be removed
from the consent agenda and placed on the agenda at the request of
a councilmember. An item moves from the study session to full
Council by informal consent of the majority of the council.
Councilmember Osborne asked for clarification regarding placement
of ordinances and resolutions on the agenda. City Attorney Heid
explained an item is placed on the consent agenda that is routine and
no discussion is expected. It is the City of Auburn's practice to place
all ordinances and resolutions on the agenda for full Council
discussion.
Councilmember Peloza asked who authorizes an item to be put on the
study session agenda. Mayor Gregerson explained the city manager
and mayor review the agenda, and the mayor authorizes each item.
Mayor Gregerson explained the City of SeaTac only has presentations
at study sessions. City staff will also give periodic updates an large
projects at study sessions. Mayor Gregerson stated presenters are
given a time limit for their presentation that is respectful to the Council
and the presenter. Mayor Backus stated longer presentations may
have to be presented at a Committee of the Whole meeting.
Mayor and Council thanked Mayor Gregerson for her time.
III. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 6:07 p.m.
APPROVED this day of July, 2014.
NANCY BACKUS, MAYOR Shawn Campbell, Deputy City Clerk
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Agenda Subject:
Claims Vouchers
Department:
Administration
AGENDA BILL APPROVAL FORM
Date:
July 15, 2014
Attachments: Budget Impact:
No Attachments Available $0
Administrative Recommendation:
City Council approve the claims vouchers.
Background Summary:
Claims voucher numbers 429592 through 429842 in the amount of $4,786,634.07
and six wire transfers in the amount $1,197,254.06 and dated July 21, 2014.
Reviewed by Council Committees:
Finance
Councilmember: Wales Staff: Coleman
Meeting Date: July 21, 2014 Item r: CA.D
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Agenda Subject:
Payroll Vouchers
Department:
Administration
AGENDA BILL APPROVAL FORM
Date:
July 15, 2014
Attachments: Budget Impact:
No Attachments Available $0
Administrative Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 534816 through 534841 in the amount of $819,238.89 and
electronic deposit transmissions in the amount of $1,284,922.81 for a grand total of
$2,104,161.70 for the period covering July 3, 2014 to July 16, 2014.
Reviewed by Council Committees:
Finance
Councilmember: Wales Staff: Coleman
Meeting Date: July 21, 2014 Item r: CA.E
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Agenda Subject:
Public Works Project No. CP1104
Department:
Public Works
Attachments:
Administrative Recommendation:
AGENDA BILL APPROVAL FORM
Date:
July 16, 2014
Budget Impact:
$0
City Council award Contract No. 14 -09 to Valley Electric Company of Mount Vernon on
their low bid of $258,189.23 for Project No. CP1104, 8th St NE and 104th Ave SE
Intersection Improvements.
Background Summary:
This project includes the design and construction of the following safety improvements
at the intersection of 8th Street NE and 104th Avenue SE:
1. Replaces the existing left turn signal head from 8th Street to northbound 104th Ave
with a flashing yellow signal head.
2. Replaces the existing traffic signal cabinet and components with new signal cabinet
and components to accommodate the new flashing yellow signal and battery backup
system.
3. Replaces vehicle detector loops on all four legs of the intersection.
4. Replaces the existing pedestrian signal heads and pushbuttons with countdown type
heads and audible style pushbuttons.
5. Replaces the existing substandard curb ramps with at -grade pedestrian crossings.
Project construction is anticipated to begin July 2014 and be completed by September
2014.
A project increase of $20,000.00 within the 102 Unrestricted Fund will be necessary,
however it will not require a budget adjustment since it is anticipated that the budgeted
expenditures in the 102 Unrestricted Fund will not be exceeded this year. This
adjustment is reflected in the attached budget status sheet.
Reviewed by Council Committees:
CA.F AUBURN * MORE THAN YOU IMAGINED Page 56 of 280
Public Works
Councilmember: Osborne
Meeting Date: July 21, 2014
Staff: Snyder
Item r: CA.F
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BUDGET STATUS SHEET
Project No: CP1104 Project Title: 8th St NE & 104th Ave SE Intersection Improvements
Project Manager: Matthew Larson
O Project Update
Initiation Date: 11/15/2010 O Permision to Advertise Date: July 11, 2014
Advertisement Date: 06/05/2014 * Contract Award
Award Date: O Change Order Approval
O Contract Final Acceptance
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Funding
Prior Years
2013 (Actual)
2014
Future Years
Total
102 Fund (Traffic Impact Fees)
11,208
26,974
32,229
0
11,208
102 Fund (Unrestricted Street Revenue)
11,640
13,410
168,400
0
168,400
REET 2
0
0
119,000
0
119,000
102 Fund - Federal Grant
432
40,384
59,184
0
100,000
Total
11,640
40,384
346,584
0
398,608
Estimated Cost (Funds Needed)
Activity
Prior Years
2013 (Actual)
2014
Future Years
Total
Design Engineering - City Costs
11,640
26,974
32,229
0
70,843
Design Engineering - Consultant Costs
11,640
13,410
166
0
13,576
Design - State Review
0
0
1,000
0
1,000
Construction - Contract Bid
0
0
258,189
0
258,189
Project Contingency
26,000
26,000
Construction Engineering - City Costs
29,000
29,000
Total
11,640
1 40,3841
346,584
1 0
1 398,608
I UL Anerlal
Prior Years 1 2013 (Actual)
Jireei buagei
Jiaius
1 2014
1 Future Years
Total
*102 Funds Budgeted ()
(11,640)
(40,384)
(346,584)
0
(398,608)
102 Funds Needed
11,640
40,384
346,584
0
398,608
*102 Fund Project Contingency(
0
0
0
0
0
102 Funds Required
0
0
0
0
0
* ( # ) in the Budget Status Sections indicates Money the City has available.
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CA.F Page 58 of 280
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CITY OF VICINITY MAP
AUBUR N CP1104, 8TH ST NE /104TH AVE SE N
WASHINGTON INTERSECTION IMPROVEMENTS NOT TO SCALE
CA.F Page 60 of 280
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WASHINGTON INTERSECTION IMPROVEMENTS NOT TO SCALE
CA.F Page 60 of 280
,IIYO1:
'A U, B UR . N
VVAS1IIN61CIN'
AGENDA BILL APPROVAL FORM
Administrative Recommendation:
City Council approve Final Pay Estimate No.3 to Contract No. 13 -15 in the Amount of
$3,978.39 and Accept Construction of Project No. CP1222, Citywide Traffic Signal
Safety Improvements.
Background Summary:
The Citywide Traffic Signal Safety Improvements project provided a variety of safety
improvements at the following intersections:
- Auburn Way N & 4th Street NE
- Auburn Way N &1st Street NE
- Auburn Way & E Main St
- Auburn Way S & 2nd Street SE
- Auburn Way S & 4th Street SE
- Auburn Ave NE & 1st Street NE
- A Street SE & 2nd Street SE
- A Street SE & 3rd Street SE /Cross Street SE
- A Street SE & 6th Street SE
- A Street SE & 17th Street SE
- A Street SE & 29th Street SE
- C Street SW & 8th Street SW
- C Street SW & 15 St SW
The safety improvements included: flashing yellow arrow left turn operations, auxiliary
signal heads, vehicle detection systems, signal head backplates with yellow reflective
yellow tape, and new LED signal head lamps.
A project budget contingency of $49,123.00 remains in the 102 Fund.
CA.G AUBURN * MORE THAN YOU IMAGINED Page 61 of 280
Reviewed by Council Committees:
Public Works
Councilmember: Osborne
Meeting Date: July 21, 2014
Staff: Snyder
Item r: CA.G
CA.G AUBURN * MORE THAN YOU IMAGINED Page 62 of 280
BUDGET STATUS SHEET
Project No: CP1222 Project Title: Citywide Traffic Signal Safety Improvements
Project Manager: Matthew Larson
O Project Initiation
Initiation Date: 9/25/2012 O Permission to Advertise Date: July 11, 2104
Advertisement Date: 10/29/2013 O Project Update
Award Date: 12/2/2013 O Change Order Approval
no Contract Final Acceptance
Funds Budgeted (Funds Available)
Funding
2012 (actual)
2013 (actual)
2014
Total
102 Fund - Unrestricted
102 Fund - Federal Grant
1,916
0
9,316
31,624
70,684
368,376
81,916
400,000
Total
1,916
40,940
439,060
481,916
Estimated Cost (Funds Needed)
Activity
2012 (actual)
2013 (actual)
2014
Total
Design Engineering - City Costs
1,916
39,314
0
41,230
Construction Contract Bid
1,9161
40,940
351,662
351,662
Change Orders
0
0
20,569
20,569
Line Item Changes
0
0
i
I, i
Construction Engineering - City Costs
1,627
35,000
36,627
Total
1 1,9161
40,940
1 389,937
432,793
102 Arterial Street Budget Status
* ( # ) in the Budget Status Sections indicates Money the City has available.
H: \PROJ \CP1222- Citywide Traffic Signal Safety Imp \Budget \CP1222 BudgetStatusSheet.xls 1 of 1
CA.G Page 63 of 280
2012 (actual)
1 2013 (actual)
1 2014
1 Total
*102 Funds Budgeted ()
(1,916)
(40,940)
(439,060)
(481,916)
102 Funds Needed
1,9161
40,940
1 389,937
1 432,793
*102 Fund Project Contingency ()
0
0
1 (49,123)
(49,123)
102 Funds Required
0
0
1 0
1 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
H: \PROJ \CP1222- Citywide Traffic Signal Safety Imp \Budget \CP1222 BudgetStatusSheet.xls 1 of 1
CA.G Page 63 of 280
CITY OF AUBURN
CP1222
PAY ESTIMATE #3 & FINAL
CO. NO. 13-15
Citywide Traffic Signal Safety Improvements
SCHEDULE A: Street Improvements
ITEM
NO,
ITEM DESCRIPTION
ESTIMATE
QUANTITY
TOTAL
QUANTITY
PERIOD
QUANTITY
UNIT
I
TYPE I
UNIT COST
TOTAL COST
PERIOD COST
PERCENT EST.
TY.
1
One Year Warranty Bond not FHWA ef: ilble
1
1
1
LS
2,000.00
$ 2,000.00
$ 2,000.00
100°%
2
SPCC Plan
1
1
LS
1,350.00
$ 1,350.00
$
100'%
3
Mobilization
1
1
LS
30,000.00
i $ 30,000.00
5 -
100°%
4
Traffic Control Labor
500
174
HR
50.00
$ 8,700.00
S
36%
5
s
Outside Agengy Uniformed Police Flagging Labor
uerrtial Arrow Sin
1
45
0-5283641
46
0.24654
Est.
Di3y
2,500.00
25.00
$ 1;320.91
$ 1,150.00
•g 616.35
$ -
53°%
102%
7
Traffic Control Supervisor
1
1
LS
17 750.00
$ 17,750.00
S -
100%
8
Roadside Restoration
1
0
Est.
1,000.00
$ -
$ -
0%
9
Remove-Signal Head
14
14
EA
424.00
$ 5,936.00
$ -
100%
10
Remove Traffic Video Detection Camera
8
8
E4
74.00
$ 592.00
$
100°%
11
Remove and Reset Si nal Head
8
9
EA
116000
$ 10,440.00
S -
113 °%
12
Remove and Reset Video Detedion Camera
1
1
EA
1,155.00
$ 1,155.00
$ -
100"%
13
Replace & Recycle Signal Head Modules
257
257
EA
I 140.00
$ 35,980.00
S -
100^%
14
Replace Signal Controller Cabinet
2
2
EA
30,500.00
$ 61,000.00
$ -
15
Traffic Signal Revision Si na e
1
1
LS
4,625.00
$ 4,625.00
$ -
1ppg6
16
Backplate Tau
12
121
EA
188.00
$ 2,256.00
$ -
100°x6
17
Lowered Backplate
70
70
EA
156.00
1 $ 10,920.00
•s -
10D%
18
Traffic Video Detection Camera
13
13
EA
6,435.00
$ 63,6 5.00
$
100%
19
Wide Angle Traffic Video Detection Camera
1
1
EA
4,367.00
$ 4,367.00
S -
I 1000/0
20
Signal Pole Terminal Cabinet
3
3
EA
998 0
7 2,994.00
$ -
100%
21
Signal Head with Mount
39
39
Eq
1,440.00
$ 56,160.00
$
100%
22
S' nal Controller and Smart Monitor
1
1
EA
7,615.00
$ 7,615.00
S -
100%
23
Remove Traffic Sin
17
17
EA
37.00
$ 629.00
$ -
100°,6
24
Traffic Sin
1
1
1
FA
6f5 00
$ 625.00
$ 625.00
100%
CO-1
Remove Signal Head -Add 1 Bid Item #9
$ _
$ _
Cal
Remove & Reset Signal Head -Add 4 Bid Item
$
Cal
Replace & Recycle Signal Head Modules Add 39
S _
CO-1
Ba late Plate Add i Bid Iterrr#16
$ _
CO-1
Louvered Backplate Plate Add 1 Bid liem#17
$ _
CO-1
Si r►al Head with Mount Add 5 Bid Item#21
$ _
0 -1 -1
Adamonal,jignal Wire
-
100,6
CO -2 -1
C St 8VV & 15th St SW Aerial on u or
-
14
CO3
em WTV., Delete 2 Signal Pole Terminal Cabl n
2
V
Is _
CO3-1
Pole ermine Cabinet
$ 737.D4
100
h:lprajlpe1CP1222x1s
CA. G
Period Dates
Begin: May 21, 2014
End: June 01, 2014
1 of 3
SCHEDULE SUBTOTAL -$ 3,978.39
Page 64 of 280
7/10/2014 at 9:38 AM
CO. NO. 13 -15 CITY OF AUBURN CP1222, Citywide Traffic• Signal�Safety Improvements
Citywide Traffic Signal Safety Improvements PROJECT SUMMARY CO. NO. 13 -15
SCHEDULE A: Street Improvements
Contract $
No Tax Applicable
Warranty Bond
SCHEDULE TOTAL
PAY ESTIMATE #3 & FINAL
Original Contract Contract Change
Amount Orders Total Payment This Period
351,662.00 $ 20,569.04 $ 354;936.96 $ 3,978.39
$ 351,662.00 $ 20,569.04 $ 354,936.96 $ 3,978.39
TOTAL CONTRACT AMOUNT TO DATE $ 354,936.96
TOTAL PAYMENT TO CONTRACTOR $ 354,936.96 $ 3,978.39
PAYMENT DUE, CONTRACTOR: .$ 3,978;39
Period Dates
Begin: May 21, 2014
End: June 01, 2014
Percent/Contract
95%
h :1projlpeZP1222xls 2 of 3 7/102014 at 9:38 AM
CA.G Page 65 of 280
CITY OF A'UBWRR
CP1192,2.
PAY`ESiIIMA3 E #3 & M1}iAl.
CaNTRAaTOR:
Valley Electric of Mt. Vernon
100 Idlertfi t re-ek Parkway
Everett, WA
Rhone, 425 -4-O7-8832.
Co. NC. 13 -15
The undersigned has reviewed, 2nd approved.this final Pay estimate: i ague (liat it is atrue and correct statement
showing all monies due me from the•City..o� ubum under thi5coritract, that[ havecari?fully examir►Bd the final pay estimate
estimate and understand it and tNt I heMby releasethe -Citp otAubv_m frorn attyand alt claims of v6t1*saever
nature-which I tray have, arising.dut bf'this contract, al WCt acre not set fOrtit in this estimate,
PAYMt.N.T OUE TO t;C3WMA(' —*TOR= $ 3,0109
SignatvTes;
Contractor
Inspector Date
Project Manager a-} Hate
City Engineer bate_ - -
h:lpmN..dlPFI Z2�r1S 3 of 3
CA.G Page 66 of 280
7=4=14 ik(gw Aft
Citywide Traffic Signal Safety Improvements
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5
,IIY01:
'A U, B UR . N
VVAS1IIN61CIN'
Agenda Subject:
Public Works Project No. CP1324
Department:
Public Works
Attachments:
Administrative Recommendation:
AGENDA BILL APPROVAL FORM
Date:
July 10, 2014
Budget Impact:
$0
City Council award Contract No. 14 -03, to Blackline Inc. on their low bid of $527,830.32
plus Washington State sales tax of $50,143.88 for a total contract price of $577,974.20
for Project No. CP1324, Asphalt Rehabilitation and Seal Coat.
Background Summary:
The purpose of this project is to rehabilitate the pavement surface at the Auburn
Municipal Airport. This will be accomplished by sealing the cracks in the pavement and
applying a seal coat over the surface of the pavement.
This project previously received a Federal Aviation Administration (FAA) grant in the
amount of $238,307.00 and a Washington Airport Aid Program grant, administered by
the Washington State Department of Transportation, in the amount of $4,820.42 to help
fund the project. The FAA grant will fund up to 90% of the project costs (with the
exception of Schedule B noted below) and the remaining 10% of project costs will come
from the Washington Aid Airport Program grant and the 435 (Airport) fund.
Additionally, staff has applied for and anticipates receiving $324,969.00 of additional
FAA grant funds for this project in 2014. Staff will also apply for an additional
Washington Airport Aid Program grant in the anticipated amount of $18,054.00 to help
fund the project.
This project was bid with a base bid (Schedule A) and two additive bids (Schedules B
and C) as described below. However, staff anticipates the funding available from the
secured grant funds, the anticipated additional grants funds, and money available in the
435 Fund will be sufficient to complete all the work and therefore recommends City
Council award the contract based on all three bid schedules.
CA.H AUBURN * MORE THAN YOU IMAGINED Page 68 of 280
1) Schedule A (Base Bid) includes the crack seal and the application of the seal coat on
the runway and around the south hangars (see attached vicinity map). This schedule will
be funded by the FAA and Washington Airport Aid Program grant(s) and City money.
2) Schedule B (Additive Bid) includes the crack seal and application of the seal coat in
the area within 25 feet of the hangers (see attached vicinity map). This work is not
eligible for funding under any FAA grant so will only be funded by the Washington
Airport Aid Program grant(s) and City money.
3) Schedule C (Additive Bid) includes the crack seal and application of the seal coat in
the area around the north hangars and three outdoor parking areas (see attached
vicinity map). This schedule will be funded by the FAA and Washington Airport Aid
Program grant(s) and City money.
Construction of the project is anticipated to take place August through October 2014.
Reviewed by Council Committees:
Municipal Services
Councilmember: Peloza Staff: Coleman
Meeting Date: July 21, 2014 Item r: CA.H
CA.H AUBURN * MORE THAN YOU IMAGINED Page 69 of 280
BUDGET STATUS SHEET
Project No: CP1324 Project Title: Asphalt Rehabilitation and Seal Coat
Project Manager: Shelly Coleman
Initiation Date: September 3, 2013
Advertisement Date: June 10, 2014
Award Date:
O Project Initiation
O Permission to Advertise Date: July 7, 2014
Contract Award
O Change Order Approval
O Contract Final Acceptance
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Funding
Prior Years
2013
2014
Future Years
Total
435 Fund - Airport Fund
0
1,277
178,293
0
179,570
Washington State Dept. of Transportation Grant
0
1,277
21,597
0
22,874
Federal Aviation Administration Grant 2
0
22,994
540,282
0
563,276
Total
0
25,549
740,172
0
765,721
1 Includes a $4,820.42 grant awarded October 2013 and a $18,054.00 grant anticipated to be awarded in August 2014.
2 Includes a $238,307.00 grant awarded on August 2013 and a $324,969.00 grant anticipated to be awarded in August 2014.
Estimated Cost (Funds Needed)
Activity
Prior Years
2013
2014
Future Years
Total
Design Engineering - City Costs 3
0
(25,549)
2,500
0
2,500
Design Engineering - Consultant Costs
0
25,549
70,859
0
96,408
Construction Contract Bid - Schedule A
0
0
309,147
0
309,147
Construction Contingency - Schedule A (10 %)4
0
0
3,091
0
3,091
Construction Contract Bid - Schedule B
123,007
123,007
Construction Contingency - Schedule B (10 %)4
12,301
12,301
Construction Contract Bid - Schedule C
145,820
145,820
Construction Contingency - Schedule C (10 %)4
1,458
1,458
Construction Engineering - City Costs
2,500
2,500
Construction Engineering - Consultant Costs
69,488
69,488
Total
0
25,549
740,172
0
765,721
3 City staff costs are not charged against the project budget and are not shown here.
4 Only City funds shown. Additional FAA funds will be allocated on an as- needed basis.
435 Airport Fund Budget Status
.. ( # ) in the Budget Status Sections indicates Money the City has available.
QA*kOJ \CP1324- Runway and Apron Rehabilitation \PWCouncil \Award \BudgetStatusSheet.xls Page 7Qjolf 280
Prior Years
2013
2014
Future Years
Total
"'435 Funds Budgeted ()
0
(25,549)
(740,172)
0
(765,721)
435 Funds Needed
0
25,549
740,172
0
765,721
"""435 Fund Project Contingency ()
0
0
0
0
0
435 Funds Required
0
0
0
0
0
.. ( # ) in the Budget Status Sections indicates Money the City has available.
QA*kOJ \CP1324- Runway and Apron Rehabilitation \PWCouncil \Award \BudgetStatusSheet.xls Page 7Qjolf 280
BID TABULATION
SCHEDULE SUMMARY
Project'Name: CP1324, Auburn Municipal Airport'Runway and Apron Rehabilitation, Contract 14 -03
Schedule No.: A - BaseiBid -FAA Eligible Work
Prepared by: City of Auburn
Bid Date: 711114
ENGINEER'S ESTIMATE: $ 394,445.05
AVERAGE BID AMOUNT: $ 3181858.01
BID SPREAD AMOUNT: $ 92,139.31 BID Amount Spread $ Spread %
LOW BIDDER: Blacktine Inc Slurry Seal $ 282,325.79 $ (112,119.26) - 28.42%
Second Bidder: Specialized Pavement Marking $ 299,783.13 $ (94,661.92) - 24.00%
Basic BID (Tax not Included)
Blackline Inc Slurry Seal $ 282,325.79 i
Specialized Pavemenl Marki $ 299;783.43
VSS International $ 374,465.10
7/112014 (3:37 PM)
h:IprojlbidEabs\CPl324 BT.xls
CA. H
Page 71 of 280
BID TABULATION
SCHEDULE SUMMARY
Project Name: CP1324, Auburn.Municipal Airport Runway and Apron Rehabilitation, Contract 14 -03
Schedule No.: B-- Additive Alternate- Non, FAA: Eligible Work
Prepared lay: City of Auburn
Bid Date: 711114
ENGINEER'S ES TIMA TE. $ 125,418.45
AVERAGE BID AMOUNT: $ 125,032.41
BID SPREAD AMOUNT: $ 53,587.50 BID Amount Spread $ Spread %
LOW BIDDER: Specialized Pavement Marking, Inc $ 404,587.30 $ (203831.15) - 16:61%
Second Bidder. Blackline Inc Slurry Seal $ 112,335.13 $ (13,083.32) - 10.43%
Basic BID (Tax not Included)
Blackline Inc Slurry Seal $ 112,335.13
Specialized Pavement Markir $ 104,587.30
VSS International $ 158,174.80
7/f/2014 (5:08 PM)
h:Iprojlbidtabs\CPl324 BT.xls
CA. H Page 72 of 280
BID TABULATION
SCHEDULE SUMMARY
Project Name: CP1324, Auburn Municipal Airport Runway and Apron Rehabilitation, Contract -14 -03
Schedule No:: C - Additive Alternate -FAA Eligible Work
Prepared by: City of Auburn
Bid Dale: 711!14
ENGINEERS ESTIMATE: $
AVERAGE BID AMOUNT: $
BID SPREAD AMOUNT: $
171,994.92
158, 687.10
42,167.60 BID Amount
LOW BIDDER: Blackline Inc Slurry Seal $.
Second: Bidder. Specialized Pavement Marking, Inc $
Basic BID (Tax not Included)
Blackline Inc Slurry Seal $ 133,169.40
Specialized Pavement Mark $ 167,554.91
VSS-.International $ 175,337.00
7/1/2414 (3:37 PM)
h:kprojlbidlabslCP1324 BT.xls
CA. H
133,169.40
167,554:91
Spread $
Spread %
$ (38,825,52)
.$ (4,440.01)
- 22.57%
-2.58%
Page 73 of 280
BID TABULATION
BID TOTAL&SUMMARY
Project Name: CP1324, Auburn Municipal.Airport Runway and .Apron Rehabilitation, Contract 14 -03
Prepared by: City of Auburn
Bid Date: 711114
ENGINEER'S ESTIMATE. $ 691,858.42
AVERAGE BASIC BID AMOUNT: $ 602,577.52
BASIC BID SPREAD AMOUNT: $ 180,146:58 Basic BID Amount Spread $ Spread %
LOW BIDDER: Blackline Inc Slurry Seal $ 527,830.32 - $164,028.10 - 23.71%
Second Bidder: Specialized Pavement Marking, Inc $ 571,925.34 - $149,933.08 - 17.33%
Basic BID (Tax not Included) Total BID (Tax Included)
Blackline Inc Slurry Seal $ 527,830.32 $ 577,974.20
Specialized Pavement Markin $ 571,925.34 $ 626;258.25
VSS International $ 707,976.90 $ 775;234.71
711!2014 (3:37 PM)
h:lprajlbidtabs\CP1324 BT.xls
CA. H Page 74 of 280
,IIYO1:
'A U, B UR . N
VVAS1IIN61CIN'
AGENDA BILL APPROVAL FORM
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6511.
Background Summary:
MW Holdings Auburn SE Block LLC has applied to the City for vacation of the right -of-
way of the alley between South Division Street and A Street SE, south of 1 st Street SE,
shown on Exhibit "B ". The applicant currently owns all of the surrounding parcels and is
proposing to incorporate the right -of -way in the development of the adjacent properties.
The application has been reviewed by City staff and utility purveyors who have an
interest in this right -of -way. Through this review City staff has determined that the right
of way is no longer necessary to meet the needs of the City and could be vacated.
Ordinance No. 6511, if adopted by City Council, approves Vacation No. V3 -14 and
vacates the right -of -way subject to conditions outlined in the Ordinance.
Reviewed by Council Committees:
Public Works
Councilmember: Osborne Staff: Snyder
Meeting Date: July 21, 2014 Item r: ORD.A
ORD.A AUBURN * MORE THAN YOU IMAGINED Page 76 of 280
ORDINANCE NO. 6 51 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, VACATING RIGHT -OF -WAY OF
THE ALLEY BETWEEN SOUTH DIVISION STREET AND A
STREET SE, SOUTH OF 1ST STREET SE, WITHIN THE
CITY OF AUBURN, WASHINGTON
WHEREAS, the City of Auburn, Washington ( "City "), has received a petition by not
less than two- thirds (213) of the owners of property adjacent to right -of -way located at the
Alley between South Division Street and A Street SE, south of 151 Street SE, within the City
requesting vacation of the same; and
WHEREAS, the City Council of the City of Auburn, Washington ( "City Council "),
has, after a review of its needs for streets and right -of -ways in the vicinity of the Alley
between South Division Street and A Street SE, south of 1St Street SE within the City,
determined that consideration should be given to the vacation of the same; and
WHEREAS, a public hearing was held in connection with the possible vacation,
with notice having been provided pursuant to statute; and
WHEREAS, the City Council has considered all matters presented at the public
hearing on the proposed vacation, held on the 21st day of July, 2014, at the Auburn City
Council Chambers in Auburn, Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN as a non - codified ordinance as follows:
Section 1. Vacation. That the right of way located at the Alley between
South Division Street and A Street SE, south of 15t Street SE, located within the City of
--------------- --
Ordinance No. 6511
ROW Vacation V3 -14
April 29, 2014
Page 1 of 6
ORD.A Page 77 of 280
Auburn, Washington, legally described as follows:
THAT PORTION OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 21
NORTH, RANGE 4 EAST, W.M., IN KING_ COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1,
BLOCK 6, TOWN OF SLAUGHTER ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS,
PAGE 56, RECORDS OF KING COUNTY, WASHINGTON
(ALSO KNOWN AS THE SOUTHEAST CORNER OF
PARCEL B, CITY OF AUBURN LOT LINE ADJUSTMENT
NO. LLA- 0003 -95, RECORDED UNDER RECORDING
NUMBER 9502160960, RECORDS OF KING COUNTY,
WASHINGTON);
THENCE SOUTH 00 055'43" WEST, A DISTANCE OF 20.00
FEET TO THE NORTHEAST CORNER OF LOT 8 OF SAID
BLOCK 6;
THENCE NORTH 89 °08'16" WEST, ALONG THE NORTH
LINE OF LOTS 5 THROUGH 8 OF SAID BLOCK 6 A
DISTANCE OF 239.99 FEET TO THE NORTHWEST
CORNER OF SAID LOT 5;
THENCE NORTH 00 °56'21" EAST, A DISTANCE OF 20.00
FEET TO THE SOUTHWEST CORNER OF LOT 4 OF SAID
BLOCK 6;
THENCE SOUTH 89 008'16" EAST, ALONG THE SOUTH
LINE OF LOTS 1 THROUGH 4 OF SAID BLOCK 6 A
DISTANCE OF 239.99 FEET TO THE POINT OF
BEGINNING.
and as shown on the survey, a copy of which is attached hereto, marked Exhibit "B" and
incorporated herein by this reference, the same is hereby vacated and the property lying in
said portion of right -of -way described hereinabove, shall be returned and belong to those
persons entitled to receive the property in accordance with RCW 35.79.040, conditioned
upon the following;
--------------- --
Ordinance No. 6511
ROW Vacation V3 -14
April 29, 2014
Page 2 of 6
ORD.A Page 78 of 280
A. Reservation in favor of the City a perpetual Nonexclusive Easement
under, over, through and across the Alley portion of the vacated right -of -way as
described above for the purpose of laying, maintaining, and installing future and existing
sanitary sewer and water facilities and including a reservation in favor of the City of the
right to grant easements for utilities over, under and on the all portions of the vacated
right -of -Way as described above.
The City shall have the absolute right, at times as may be necessary for
immediate entry upon said Easement Area for the purpose of maintenance, inspection,
construction, repair or reconstruction of the above improvements without incurring any
legal obligation or liability therefore.
The City shall have the absolute right to place any type of driving surface within
said Easement Area deemed necessary by the City.
The owners of the adjacent property agree and shall not in any way block, restrict
or impede access and egress to or from said Easement.Area, and for in any way block,
restrict or impede full use of the real property within the Easement Area by the City for
the above described purposes. No building, wall, rockery, fence, trees, or structure of
any kind shall be erected or planted, nor shall any fill material be placed within the
boundaries of said Easement Area, without the express written consent of the City. No
excavation shall be made within three feet of said facilities and the surface level of the
ground within the Easement Area shall be maintained at the elevation as currently
existing.
--------------- --
Ordinance No. 6511
ROW Vacation V3 -14
April 29, 2014
Page 3 of 6
ORD.A Page 79 of 280
This easement shall be a covenant running with the adjacent property parcels
and burden said real estate, and shall be binding on the successors, heirs and assigns
of all parties hereto.
B. Under the terms of the reservation set out in Paragraph A above, the City
hereby grants a private utility easement to Puget Sound Energy over, under and upon
the vacated right -of -way as described above for the construction, operation,
maintenance, repair, replacement, improvement, removal and enlargement of gas and
electric distribution facilities. The owners of the adjacent property agree not to erect any
structures on said easement and further agree not to place trees or other obstructions
on the easement that would interfere with the exercise of Grantee's rights herein.
C. Under the terms of the reservation set out in Paragraph A above, the City
hereby grants a private utility easement to Comcast Cable Corporation over, under and
upon the vacated right -of -way as described above for the construction, operation,
maintenance, repair, replacement, improvement, removal and enlargement of existing
facilities. The owners of the adjacent property agree not to erect any structures on said
easement and further agree not to place trees or other obstructions on the easement
that would interfere with the exercise of Grantee's rights herein.
D. Under the terms of the reservation set out in Paragraph A above, the City
hereby grants a private utility easement to Qwest Corporation d /b /a Centuryl-ink QC
and its successors over, under and upon the vacated right -of -way as described above
for the construction, operation, maintenance, repair, replacement, improvement,
Ordinance No. 6511
ROW Vacation V3 -14
April 29, 2014
Page 4 of 6
ORD.A Page 80 of 280
removal and enlargement of existing facilities. The owners of the adjacent property
agree not to erect any structures on said easement. and further agree not to place trees
or other obstructions on the easement that would interfere with the exercise of
Grantee's rights herein.
E. It is provided, however, that such reserved or granted utility and access
easements as set out in Paragraphs A, B, C, and D above, may be modified to
accommodate a removal, relocation and sitting of the affected utility lines if the City and
the property owners on whose property the utility lines are located agree to the removal,
relocations and sitting being paid by said property owners and with the removal,
relocation and sitting being done in conformity with applicable standards.
Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or
its application to any person or circumstances is held invalid, the remainder of the
Ordinance or the application of the provisions to other persons or circumstances shall not
be affected.
Section 3. Implementation. The mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directives of this
location.
Section 4. Effective Date. This Ordinance shall take effect and be in force
five (5) days from and after passage, approval, and publication as provided by law.
Section 5. Recordation. The City Clerk is directed to record this
Ordinance with the office of the King County Auditor.
--------------- --
Ordinance No. 6511
ROW Vacation V3 -14
April 29, 2014
Page 5 of 6
ORD.A Page 81 of 280
INTRODUCED:
PASSED:
APPROVED:
NANCY BACKUS
MAY
ATTEST:
Danielle E. Daskam,
City Clerk
Attomey
PUBLISHED:
Ordinance No. 6511
ROW Vacation V3 -14
April 29, 2014
Page 6 of 6
ORD.A Page 82 of 280
EXHIBIT A
LEGAL DESCRIPTION
(ALLEY VACATION)
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13,
TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 6, TOWN OF SLAUGHTER,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 56, RECORDS
OF KING COUNTY, WASHINGTON (ALSO_ KNOWN AS THE SOUTHEAST CORNER OF PARCEL B,
CITY OF AUBURN LOT LINE ADJUSTMENT NO, LLA- 0003 -95, RECORDED UNDER RECORDING
NUMBER 9502160960, RECORDS OF KING COUNTY, WASHINGTON);
THENCE SOUTH 00 °55'43' WEST, A DISTANCE OF 20.00 FEET TO THE NORTHEAST CORNER OF
LOT S. OF SAID BLOCK 6;
THENCE NORTH 89 °08'16' WEST, ALONG THE NORTH LINE OF LOTS 5 THROUGH 8 OF SAID
BLOCK 6 A DISTANCE OF 239.99 FEET TO THE NORTHWEST CORNER OF SAID LOT 5;
THENCE NORTH 00 °56'21" EAST, A DISTANCE OF 20.00 FEET TO THE SOUTHWEST CORNER OF
LOT 4 OF SAID BLOCK 6;
THENCE SOUTH 89'08'16' EAST, ALONG THE SOUTH LINE OF LOTS 1 THROUGH 4 OF SAID
BLOCK 6 A DISTANCE OF 239.99 FEET TO THE POINT OF BEGINNING.
Project:.Teutsch Partners, LLC
March 27, 2014
1684Cexh01.dwg
16840L.001.doc
OBH
Resolution 5073
ORD.A Page 83 of 280
EXHIBIT B
MAP EXHIBIT FOR ALLEY VACATION
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Resolution 5073
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TEUTSCH PARTNERS, LLC
Title: -
ALLEY VACATION
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ORD.A Page 84 of 280
Applicant: MW Holdings Auburn SE Block LLC
Property Location: Right -of -Way located at the Alley between South Division Street and A Street SE,
south of 1St Street SE.
Description of right -of -way:
This ROW proposed for vacation consists of the Alley between South Division Street and A Street SE, south of 1 st
Street SE. The Alley is adjacent to Parcels 7815700295, 7815700290 and 7815700280 on the north side and
Parcels 7815700300, 7815700305, 7815700310 and 7815700325 on the south side. All of these parcels are
owned by the applicant. The proposed area of ROW for vacation is 4,800( + / -) square feet.
The Alley was dedicated for street purposes in 1886 to the City of Auburn from Mary E. and L.W. Ballard through
dedication of the original plat of the City also know as the Town of Slaughter.
See Exhibits "A" and "B" for legal description and survey.
Proposal:
The Applicant proposes that the City vacate the above described right -of -way so that they can include the area in
development of the adjoining parcels.
Applicable Policies & Regulations:
• RCW's applicable to this situation - meets requirements of RCW 35.79.
• MUTCD standards - not affected by this proposal.
• City Code or Ordinances - meets requirements of ACC 12.48.
• Comprehensive Plan Policy - not affected.
• City Zoning Code - not affected.
Public Benefit:
• The vacated area may be subject to property taxes.
• The street vacation decreases the Right -of -Way maintenance obligation of the City.
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, and City staff.
1. PSE — PSE has existing electric and gas facilities in the proposed vacation area and will require
easements be reserved.
2. Comcast — Comcast has underground facilities in this alley that feeds the existing building and will be the
feed for the new complex as well and will require easements be reserved.
3. CenturyLink — Please be advised that Qwest Corporation (d /b /a CenturyLink) currently has facilities in the
area addressed by this action and wishes to retain any and all rights to remain in said area and to add
facilities in the future as needed. At this time, Qwest (d /b /a CenturyLink) has no issues with the proposed
vacation so long as provisions are made to retain our rights by means of explicit language granting to
"Qwest Corporation d /b /a CenturyLink QC and its successors" rights that will cover our existing and future
facilities.
4. Water — Currently there is an existing water line in the alley serving the existing building. As a condition
of approval, a public water utility easement within the proposed vacation area shall be granted to the City.
1 of 2
6/10/2014
OV�- Staff Report
Page 85 of 280
5. Sewer — There is an existing sewer line within the proposed right -of -way vacation. As it stands now, a
public sewer utility easement needs to be reserved. The sewer lines installed as part of the Promenade
Project were designed so that all the flow from future development of that block would be discharged
directly into those new lines, rendering the existing line in the ally unnecessary. When all connections to
the line in the alley are eliminated, that line may be abandoned, and the easement either not reserved or
extinguished, depending on the timing of redevelopment and the vacation.
6. Storm —No comments.
7. Transportation — No comments.
8. Planning — No comments.
9. Fire — No comments
10. Police — No comments
11. Streets — The Streets Division has no issues with this however there is a PSE owned utility pole in the
center of this alley on the south side near the edge of the right of way that contains a street light. PSE
Grid #311485 - 165396, Intolight service tag SLAP2186.
12. Construction —No comments.
13. Innovation and Technology — No comments
Assessed Value:
ACC 12.48 states "The city council may require as a condition of the ordinance that the city be compensated for
the vacated right -of -way in an amount which does not exceed one -half the value of the right -of -way so vacated,
except in the event the subject property or portions thereof were acquired at public expense or have been part of
a dedicated public right -of -way for 25 years or more, compensation may be required in an amount equal to the full
value of the right -of -way being vacated. The city engineer shall estimate the value of the right -of -way to be
vacated based on the assessed values of comparable properties in the vicinity. If the value of the right -of -way is
determined by the city engineer to be greater than $2,000, the applicant will be required to provide the city with an
appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The city reserves
the right to have a second appraisal performed at the city's expense." Note: The city engineer has not required
an appraisal for the value of this right -of -way since the right -of -way was originally acquired through dedication of a
Plat at no cost to the City.
RCW 35.79.030 states the vacation "shall not become effective until the owners of property abutting upon the
street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not
exceed one -half the appraised value of the area so vacated. If the street or alley has been part of a dedicated
public right -of -way for twenty -five years or more, or if the subject property or portions thereof were acquired at
public expense, the city or town may require the owners of the property abutting the street or alley to compensate
the city or town in an amount that does not exceed the full appraised value of the area vacated."
The right -of -way was acquired through dedication of a Plat on February 28, 1886 at no cost to the City.
Recommendation:
Staff recommends that the street vacation be granted subject to the following conditions:
1. A public utility easement shall be reserved for City of Auburn sanitary sewer facilities along the entire
length and width of the vacated ROW.
2. A public utility easement shall be reserved for City of Auburn water facilities along the entire length and
width of the vacated ROW.
3. An easement shall be reserved for Puget Sound Energy electric and gas facilities along the entire length
and width of the vacated ROW.
4. An easement shall be reserved for Comcast Cable Corporation cable facilities along the entire length and
width of the vacated ROW.
5. An easement shall be reserved for Qwest Corporation d /b /a CenturyLink QC and its successors for
communications facilities along the entire length and width of the vacated ROW.
6. Staff recommends that compensation for the value of the right -of -way not be required since the right -of-
way was originally acquired through dedication of a Plat at no cost to the City.
2 of 2
6/10/2014
V3 -14 Staff Report
ORD.A Page 86 of 280
Proposed ROW Vacaton #V3-14
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Agenda Subject:
Ordinance No. 6520
Department:
Public Works
Attachments:
Administrative Recommendation:
AGENDA BILL APPROVAL FORM
City Council introduce and adopt Ordinance No. 6520.
Background Summary:
Date:
July 16, 2014
Budget Impact:
$0
Ordinance No. 6520 is a revision to the Auburn City Code related to Underground
Wiring. This revision provides a clarification of the exceptions to the undergrounding
requirement for the expansion of an overhead system for a secondary tenant on existing
utility poles owned by another utility.
The current code allows for the deferral of undergrounding for this purpose consistent with
the City's half street code (ACC 12.64A). The half street code and deferral process is
based on a property owner making this request and the agreements for deferral are
intended to be tied to a specific property.
There are instances when a utility provider may wish to expand their overhead system that
is not driven by development or redevelopment of a specific property and so there is no
property owner involved. In areas where the proposed exception may be used the existing
franchise requirements and other paragraphs of the Underground Wiring code will require
the secondary tenant to participate in undergounding their system when the owner of the
utility poles is required to underground their overhead system.
Reviewed by Council Committees:
Finance, Public Works
Councilmember: Osborne Staff: Snyder
Meeting Date: July 21, 2014 Item umber: ORD.B
ORD.B AUBURN * MORE THAN YOU IMAGINED Page 88 of 280
ORDINANCE NO. 6 5 2 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS
13.32A.020 AND 13.32A.120 OF THE AUBURN CITY CODE
RELATING TO EXCEPTIONS FOR UNDERGROUNDING
REQUIREMENTS
WHEREAS, the current provisions of the Aubu.m City Code provide for an
exception to the undergrounding requirement for utilities for various instances, including
where a franchisee is expanding its existing aerial system as a secondary tenant on an
existing aerial system and where undergrounding of the franchisee's facilities will not
eliminate the existing aerial system; and
WHEREAS, the current provisions of the city code do not distinguish those
instances Where the franchisee's facilities may be crossing public right -of -way as
opposed to private property; and
WHEREAS, in order to address the distinction between those two crossings, it is
appropriate to amend the city code so that the requirements of each type of crossing is
adequately addressed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1, Amendment to City Code. That section 13.32A.020 of the Auburn City
Code is amended to read as follows:
13.32A.020 Exceptions.
With the approval of the city engineer, T#e -the following facilities are exempt
from the undergrounding requirements of this chapter:
A. Electric utility substations, pad mounted transformers and switching
facilities not located on the public right -of -way and authorized through existing or future
site - specific development approvals;
B. Electric aerial transmission facilities of a voltage of more than 15,000
volts, including poles, wires, and associated facilities;
C. Street lighting and traffic control equipment as determined necessary by
the city engineer;
D. Telecommunication pedestals and other equivalent telecommunication
facilities; and
--------------- - --
Ordinance No. 6520
July 14, 2014
Of�N% 1
Page 89 of 280
E. Temporary aerial utility services for construction that will be removed
immediately upon completion of construction; and
F. A franchisee is expanding its existing aerial system as a secondary tenant
on an existing aerial system not related to a new private development proiect where the
undergrounding of the expansion will not eliminate the existing aerial system. (Ord.
6238 § 2, 2009.)
Section 2, Amendment to City Code. That section 13.32A.120 of the Auburn City
Code is amended to read as follows:
13.32A.120 Deferral of underground distribution facilities.
A. The city engineer may grant a deferral for some or all of the
undergrounding of utility distribution facilities otherwise required pursuant to this chapter
following the procedures identified in ACC 12.64A.050, Deferral and fee in lieu of
improvements. The city engineer's decision regarding such a deferral will be based on
meeting the following criteria rather than those listed in ACC 12.64A.050:
1. There is a pending city six -year TIP project or an adjacent developer
planned project which would affect the proposed area of undergrounding of the existi.ng
aerial facilities; or
2. A franchisee is expanding theiF its existing aerial system as a secondary
tenant on an existing aerial system for the purpose of serving a new private
development (where the undergrounding of the expansion will not eliminate the existing
aerial system); or
3. All of the following conditions are met:
a. There are other properties abutting or across the street from the subject
property that have aerial utility facilities; and
b. The establishment or continuation of aerial utility facilities for the period of
the deferral will not adversely affect or delay other properties that may have to provide
or convert to undergrounding utility improvements within the public right -of -way; and
C. There are technological difficulties associated with converting to or
providing undergrounding utility improvements for the subject property as demonstrated
to the satisfaction of the city engineer.
B. An applicant whose request has been denied may appeal the denial
following the procedure as identified in ACC 12.64A.060, Appeal and enforcement.
(Ord. 6238 § 2, 2009.)
Section 3. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 4. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to any
Ordinance No. 6520
July 14, 2014
CFMV
Page 90 of 280
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
Section 5. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
NANCY BACKUS, MAYOR
ATTEST:
Danielle E.. Daskam, City Clerk
APPR,GVED,AS TO FORM:
niel B. He i Attorn
PUBLISHED:
--------------- - --
Ordinance No. 6520
July 14, 2014
&W
Page 91 of 280
,IIY01:
'A U, B UR . N
VVAS 11 I I N61"CI ,
Agenda Subject:
Ordinance No. 6522
Department:
Community Development &
Public Works
Attachments:
AGENDA BILL APPROVAL FORM
Exhibit 2 - Vicinity Map
Exhibit 3 - Final Plat Map
Exhibit x of z
z
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6522.
Background Summary:
Date:
July 16, 2014
Budget Impact:
$0
Lakeridge Development LL has made application for the Final Plat of "Alicia Glenn."
This final plat includes the creation of 28 lots, the dedication of public right -of -way, and
four tracts.
The property is located on Lea Hill at the intersection of 124th Avenue South and north
of SE 304th Street at the NE corner. Preliminary plat approval was granted by the City's
Hearing Examiner on August 1, 2011 as a single phase to subdivide 8.60 acres into 24
single family lots, the dedication of public right -of -way, and seven tracts. The plat has
been developed in accordance with the R -5, Residential 5 dwelling units /acre, zone as
defined by Auburn City Code (ACC) Chapter 18.07, Title 17 Land Adjustments and
Division, and the conditions of the preliminary plat. The subject property was annexed
into Auburn as part of the Lea Hill Annexation that was effective January 1, 2008. The
City took over finalizing the construction plan review and final plat review upon the
expiration of the interlocal agreement between Auburn and King County. This project is
what we have termed a hybrid project with portions under King County standards (e.g.
density, access tracts) and portions under Auburn standards (e.g. utilities, street
lighting).
A Certificate of Improvements has been issued by the City Engineer. All construction
improvements have been completed.
Reviewed by Council Committees:
ORD.0 AUBURN * MORE THAN YOU IMAGINED Page 92 of 280
Other: Legal
Councilmember: Holman
Meeting Date: July 21, 2014
Staff: Snyder
Item r: ORD.0
ORD.0 AUBURN * MORE THAN YOU IMAGINED Page 93 of 280
ORDINANCE NO. 6 5 2 2
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE FINAL PLAT OF ALICIA GLENN
WHEREAS, the City of Auburn received a final plat application for the Plat
of Alicia Glenn, Application No. PLT14 -0003, the final approval of which is
appropriate for City Council Action; and
WHEREAS, the Preliminary Plat for this plat was approved by the King
County Hearing Examiner on May 15, 2007 with identified conditions and
requirements; and
WHEREAS, the premises of the Plat of Alicia Glenn was annexed into the
City of Auburn, effective January 1, 2008; and
WHEREAS, the ihterlocal agreement between the City of Auburn and King
County has expired and the construction improvements and final plat are being
processed by the City of Auburn; and
WHEREAS, based on the review given this Plat by the City, the City
Council hereby makes and enters the following:
FINDINGS OF FACT
1. Wayne Jones of Lakeridge Development LLC has made application for the
Final Plat of "Alicia Glenn ".
2. The preliminary plat (PLT08 -0010 City File; L06P0003 King County File)
was approved by the King County Hearing Examiner on May 15, 2007 as
a single phase.
3. The preliminary plat of "Alicia Glenn" has been developed in accordance
with all applicable conditions of the preliminary plat.
--------------- -
Ordinance fro, 6522
July 14, 2014
ORDPdge 1 of 1
Page 94 of 280
4. A Certificate of Improvements has been issued by the City Engineer,
accepting completion of all required plat improvements.
5. The final plat includes one publicly dedicated tract, Tract C, for the storm
drainage facility.
CONCLUSIONS OF LAW
1. The Final Plat is in compliance and in conformity with applicable Zoning
and Land Division Ordinances arid other applicable land use controls.
2. The Plat is consistent with the Comprehensive Plan.
3. The Plat meets the requirements of Chapter 58.17 RCW.
WHEREAS, insofar as the plat meets the requirements of applicable codes
and plans, and the conditions and requirements of the preliminary plat, it is
incumbent on the City Council to approved the final plat, as no new conditions or
requirements can be added at this point.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Approval. Alicia Glenn, a subdivision involving property
located within the City of Auburn, Washington, which plat is legally described on
Sheet 2 of 3 of the Final Plat and set forth below:
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH,
RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON;
EXCEPT THE EAST 3 /8T" THEREOF;
AND EXCEPT THE WEST 394.88 FEET OF THE EAST 889.75 FEET
THEREOF;
ALSO EXCEPT COUNTY ROADS;
AND ALSO EXCEPT THAT PORTION CONVEYED TO KING COUNTY
FOR PUBLIC ROAD BY WARRANTY DEED RECORDED
RECORDING NUMBER 20070925000337.
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF
WASHINGTON
--------------- -
Ordinance No. 6522
July 14, 2014
ORDPdge 2 of 2
Page 95 of 280
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.
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
approved and ratified irrespective of the fact that any 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 King County Auditor's
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.
--------------- -
Ordinance No. 6522
July 14, 2014
ORDPdge 3 of 3
Page 96 of 280
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
Danielle E. Daskam,
City Cleric
APPROVED AS TO FORM:
City Attorney.
Published:
--------------- -
Ordinance No. 6522
July 14, 2014
0RD.F ga 4 of 4
Page 97 of 280
Vilcinity Map Scale "l" = 2000' ± Exhibit 2.
ORD.0
K
Page 98 of 280
Exhibit 3
ALICIA GLENN
A PORTION OF
S.W. 1/4, S.E.1 /4, Sec. 4, T -21N, R -5E, W.M.
City of Auburn, King County, Washington
LEGAL DESORPTION KING COUNTY FINANCE MOM CERTIFICATE
SEE SHEET 2 OF 3 1 HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL
ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS
DEDK:ATKNd CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED DEDICATED
KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY AS STREETS, ALLEYS, OR FOR ANY OTHER PUBLIC USE ARE PAID IN FULL.
SUBDIVIDED, HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, THIS _ —__ DAY OF —___— _ 20____
AND DO HEREBY DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE - ---- - - - --
HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBUC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR
PUBLIC HIGHWAY PURPOSES, AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE
LOTS SHOWN HEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES, AND FURTHER MANAGER, KING COUNTY FINANCE DIVISION
DEDICATE TO THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC
PURPOSES AS INDICATED HEREON, INCLUDING BUT NOT LIMITED TO PARKS, OPEN SPACE, UTILITIES AND DRAINAGE ____________________________
UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEING GRANTED AND CONVEYED
TO A PERSON OR ENTITY OTHER THAN THE PUBLIC, IN WHICH CASE WE DO HEREBY GRANT AND CONVEY SUCH STREETS, DEPUTY
EASEMENTS OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED.
FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, WAIVE FOR THEMSELVES, THEIR HEIRS AND
ASSIGNS AND ANY PERSON OR ENTITY DERIVING TIRE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES
AGAINST THE CITY OF AUBURN, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE ESTABLISHMENT,
CONSTRUCTION, OR MAINTENANCE OF ROADS AND /OR DRAINAGE SYSTEMS WITHIN THIS SUBDIVISION OTHER THAN
CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF AUBURN.
FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, AGREE FOR THEMSELVES, THEIR HEIRS AND
ASSIGNS TO INDEMNIFY AND HOLD THE CITY OF AUBURN, ITS SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY
DAMAGE, INCLUDING ANY COSTS OF DEFENSE, CLAIMED BY PERSONS WITHIN OR WITHOUT THIS SUBDIVISION TO HAVE
BEEN CAUSED BY ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE, OR SURFACE OR SUB- SURFACE
WATER FLOWS WITHIN THIS SUBDIVISION OR BY ESTABLISHMENT, CONSTRUCTION OR MAINTENANCE OF THE ROADS WITHIN
THIS SUBDIVISION. PROVIDED, THIS WAIVER AND INDEMNIFICATION SHALL NOT BE CONSTRUED AS RELEASING THE CITY OF
AUBURN, ITS SUCCESSORS OR ASSIGNS, FROM LIABILITY FOR DAMAGES, INCLUDING THE COST OF DEFENSE, RESULTING
IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY OF AUBURN, ITS SUCCESSORS, OR ASSIGNS.
THIS SUBDIVISION, DEDICATION, WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH THE FREE
CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS.
IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS:
LAKERIDGE D VELOPMENT I, LLC HOMESTREET BANK
A WASI JG rg LOPM DABI C COMPANY
BY: ✓E VON?, JR. BY:
TITLE: MANAGER TITLE:
ACKNOWLF_DGA�NTS
STATE OF WASHINGTON
COUNTY OF KING
I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT _ W— W`'AYNE JONES JR_ IS THE PERSON
WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT HE SIGNED THIS INSTRUMENT, ON OATH
STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE _MANAQE6_
OF LAKEj31QGE_ I- AlgEMENI I. I L0__ TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE
USES AND PURPOSES�IMENTIONED IN THE INSTRUMENT.
DATED__¢_______ `
(SIGN 7URE
Ae
MY APPOINTMENT 'l
EXPIRES �
39EAL -Ofi SIAA� _�.5�- ----- —_
II'IA�F WAB� v
STATE OF
COUNTY OF
I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT __________ —____— IS THE PERSON
WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT _IHE SIGNED THIS INSTRUMENT, ON OATH
STATED THAT —HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE
OF HHFF ?_Qf1N1C _____ TO BE THE FREE AND
VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT.
TI E
MY APPOINTMENT
(SEAL OR STAMP) EXPIRES
Cf1Y OF AUK APPROY
CITY FINANCE DIRECTOR CERTIFICATE
I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS FOR WHICH THE PROPERTY
SUBJECT TO THIS SUBDIVISION MAY BE LIABLE TO THE CITY, AND THAT ALL SPECIAL ASSESSMENTS ON
ANY PROPERTY HEREIN CONTAINED DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE
HAVE BEEN DULY PAID, SATISFIED OR DISCHARGED. THIS ___ DAY OF 20___.
AUBURN DIRECTOR OF FINANCE
CITY ENGINEER'S CERTIFICATE
HEREBY CERTIFY THAT THIS FINAL PLAT IS IN COMPLIANCE WITH THE CERTIFICATE OF IMPROVEMENTS
ISSUED PURSUANT TO A.C.C. 17.14.015, AND IS CONSISTENT WITH ALL APPLICABLE CITY IMPROVEMENT
STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY PLAT APPROVAL, THIS ___
DAY OF 20___.
AUBURN CITY ENGINEER
PLANNING DIRECTOR'S CERTIFICATE
HEREBY CERTIFY THAT ON THIS DAY OF — 20__, THAT THIS FINAL PLAT IS IN
SUBSTANTIAL CONFORMANCE WITH THE PRELIMINARY PLAT AND ANY CONDITIONS ATTACHED THERETO,
WHICH PRELIMINARY PLAT WAS APPROVED BY THE KING COUNTY HEARING EXAMINER ON THE 15TH DAY
OF MAY, 2007.
AUBURN PLANNING DIRECTOR
APPROVAL
EXAMINED AND APPROVED THIS DAY OF 20___, PURSUANT TO CITY ORDINANCE
NUMBER ,ry ADOPTED BY THE AUBURN CITY COUNCIL ON THE ____ DAY OF __, 20__.
ATTEST: ___— ____________-- _________
AUBURN CITY CLERK
fiCC:CX'RJINU L&K I R"K:A IE RECORDING No.___— ------- — ____-- ____------------
FILED FOR RECORD AT THE REQUEST OF THE CITY OF AUBURN THIS _ _ DAY OF
20___, AT _ _ MINUTES PAST _ __.M. AND RECORDED
VOLUME _�_ -- OF PLATS, PAGES RECORDS OF KING COUNTY, WASHINGTON.
I: L /6'7[•PI7�:aXKK:i �y- \.U7�I!IYKRCy.'F-1
KNG COUNTY DEPARTMENT OF A83ESSMENTB
EXAMINED AND APPROVED THIS —_ -- DAY OF
KING COUNTY ASSESSOR
PARCEL NUMBER: 042105 -9013
_ —_ ________ , 20___v
_----- -- ------
___— _______ —_
DEPUTY KING COUNTY ASSESSOR
1. CONTROLLING BOUNDARY DATA WAS OBTAINED BY DIRECT FIELD MEASUREMENTS EMPLOYING CONVENTIONAL TRAVERSE
PROCEDURES USING A TOPCON 211D THEODOUTE WITH INTEGRAL DISTANCE MEASURING METER. FIELD WORK BY DMP, INC.
IN 2013. ALL MEASUREMENTS ARE IN U.S SURVEY FEET.
2. CW TITLE SUBDIVISION GUARANTEE ISSUED BY TITLE RESOURCES GUARANTY COMPANY ORDER No. 40125747 DATED
DECEMBER 10, 2013 AND SUBSEQUENT ENDORSEMENT DATED FEBRUARY 04, 2014, WERE RELIED UPON FOR DISCLOSURE OF
THE VESTING OF TITLE OF THE REAL PROPERTY COMPRISING THIS SUBDIVISION WHICH ACCORDING TO SAID SUBDIVISION
GUARANTEE IS SUBJECT TO THE FOLLOWING AND OTHER EXCEPTIONS.
A. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS AND FILLS CONTAINED IN QUIT -CLAIM DEED, RECORDING NUMBER
6027010 (DESCRIPTION IS INSUFFICIENT TO GRAPHICALLY DEPICT).
B. TERMS AND CONDITIONS AGREEMENT FOR CONSTRUCTION OF WATER LINE AUBURN SCHOOL DISTRICT No 408 &
CITY OF AUBURN, WASHINGTON, RECORDING NUMBER 7406070430.
C. MATTERS DISCLOSED ON SURVEY RECORDED UNDER RECORDING NUMBER 7412090513.
D. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS AND FILLS CONTAINED IN WARRANTY DEED, RECORDING NUMBER
7501150218 (DESCRIPTION IS INSUFFICIENT TO GRAPHICALLY DEPICT)..
E. EASEMENT FOR SLOPES RECORDED UNDER RECORDING NUMBER 7501150219 (GRAPHICALLY DEPICTED ON SHEET
3 OF 3).
F TERMS AND CONDITIONS OF WATER AND SANITARY SEWER PAYBACK AGREEMENT x75 RIDGE AT WILLOW PARK
DEVELOPER'S FACILITY EXTENSION x FAC0024 -95, RECORDED UNDER RECORDING NUMBER 19991015001298,
G. TERMS AND CONDITIONS OF OUTSIDE UTILITY EXTENSION AGREEMENT RECORDED UNDER RECORDING NUMBER
20051019002132.
H UTILITY SYSTEM EASEMENT RECORDED UNDER RECORDING NUMBER 20131031000248 (GRAPHICALLY DEPICTED
ON SHEET 3 OF 3).
NO WARRANTY IS HEREBY MADE, EXPRESS OR IMPLIED, AS TO THE ACCURACY AND /OR COMPLETENESS OF SAID
SUBDIVISION GUARANTEE.
3. TRAVERSE CLOSURES FOR THIS SUBDIVISION EXCEED THE REQUIREMENTS OF WAC 332 -130 -090. ESTABLISHMENT OF
LOT CORNERS IS BY RADIAL SURVEY PROCEDURE, WITH INDEPENDENT MEASUREMENTS,
4. LOT AND TRACT CORNERS THAT ARE NOT REFERENCED WITH A TACK AND BRASS WASHER IN LEAD MARKED
DMP INC x22962" IN THE CURB, AS SHOWN ON SHEET 3 OF 3, WILL BE STAKED WITH 1/2 INCH BY 24 INCH BLEAR AND
YELLOW PLASTIC CAP MARKED "DMP INC. PLS 22962 ".
5. THE PLANTER ISLAND (IF ANY) WITHIN THE CUL -DE -SAC SHALL BE MAINTAINED BY THE ABUTTING LOT OWNERS OR
THE HOMEOWNERS ASSOCIATION.
6. THE HOMEOWNERS ASSOCIATION AS CITED HEREIN IS THE ALICIA GLENN HOMEOWNERS ASSOCIATION. THE ARTICLES OF
INCORPORATION ARE ON FILE WITH THE SECRETARY OF STATE OF THE STATE OF WASHINGTON.
7. THE STREET TREES, PER KCC 21A.16.050, WITHIN THIS SUBDNSION SHALL BE MAINTAINED BY THE ABUTTING LOT
OWNERS OR THE HOMEOWNERS ASSOCIATION DR OTHER WORKABLE ORGANIZATION UNLESS THE CITY OF AUBURN OR ITS
SUCCESSOR AGENCY HAS ADOPTED A MAINTENANCE PROGRAM.
8. TRACT "A" IS A PRIVATE ACCESS TRACT FOR INGRESS, EGRESS, STORM DRAINAGE AND UTILITIES FOR THE BENEFIT OF THE
OWNERS OF LOTS 16, 17 AND 18. OWNERSHIP OF LOTS 16, 17, AND 18 OF THIS PLAT INCLUDES AN EQUAL AND UNDIVIDED
OWNERSHIP INTEREST IN TRACT "A" AND AN EQUAL AND UNDIVIDED RESPONSIBILITY FOR THE MAINTENANCE OF SAID TRACT.
A WATER EASEMENT AND SANITARY SEWER EASEMENT OVER, UNDER, ACROSS AND UPON SAID TRACT IS HEREBY
GRANTED AND CONVEYED TO THE CITY OF AUBURN, ITS SUCCESSORS AND ASSIGNS.
9. TRACT "B" IS A RECREATION SPACE TRACT FOR THE BENERT OF ALL LOT OWNERS IN THIS PLAT AND IS HEREBY
DEDICATED AND CONVEYED TO THE AU CIA GLENN HOMEOWNERS ASSOCIATION FOR OWNERSHIP AND MAINTENANCE.
10. TRACT "C" IS A STORM DRAINAGE TRACT AND IS HEREBY DEDICATED AND CONVEYED TO THE CITY OF AUBURN, ITS
SUCCESSORS AND ASSIGNS
11. TRACT "0" IS A PRIVATE ACCESS TRACT FOR INGRESS, EGRESS, STORM DRAINAGE AND UTILITIES FOR THE BENEFIT OF THE
OWNERS OF LOTS 24, 25, 26 AND 27. OWNERSHIP OF LOTS 24, 25, 26 AND 27 OF THIS PLAT INCLUDES AN EQUAL AND UNDIVIDED
OWNERSHIP INTEREST IN TRACT "D" AND AN EQUAL AND UNDIVIDED RESPONSIBILITY FOR THE MAINTENANCE OF SAID TRACT. A STORM
DRAINAGE AND SANITARY SEWER EASEMENT OVER, UNDER, ACROSS AND UPON SAID TRACT IS HEREBY GRANTED AND CONVEYED
TO THE CITY OF AUBURN, ITS SUCCESSORS AND ASSIGNS.
12. THE TEN FOOT PRIVATE DRAINAGE EASEMENT ON LOTS 9 AND 10, SHEET 3 OF 3 15 HEREBY GRANTED AND CONVEYED TO THE
OWNERS OF LOTS 9 AND 10, THEIR SUCCESSORS AND ASSIGNS
13. THE TEN FOOT PRIVATE DRAINAGE EASEMENT ON LOT 17, SHEET 3 OF 3 IS HEREBY GRANTED AND CONVEYED TO THE OWNERS
OF LOT 16, THEIR SUCCESSORS AND ASSIGNS,
14. THE TEN FOOT PRIVATE DRAINAGE EASEMENT ON LOTS 21, 22 AND 23, SHEET 3 OF 3 IS HEREBY GRANTED AND CONVEYED TO
ME OWNERS OF LOTS 20, 21 AND 22, THEIR SUCCESSORS AND ASSIGNS
15. THE PRIVATE DRAINAGE EASEMENT ON LOTS 26, 27 AND 28. SHEET 3 OF 3 IS HEREBY GRANTED AND CONVEYED TO THE
OWNERS OF LOTS 25, 26 AND 27, THEIR SUCCESSORS AND ASSIGNS.
16, THE PRIVATE DRAINAGE EASEMENT ON LOTS 19, 27 AND 28, SHEET 3 OF 3 IS HEREBY GRANTED AND CONVEYED TO THE
OWNERS OF LOTS 19 AND 20, THEIR SUCCESSORS AND ASSIGNS.
17. "KCC" AS USED IN VARIOUS NOTES HEREON, MAKES REFERENCE TO "KING COUNTY CODE" UNDER WHICH THIS PLAT
RECEIVED PRELIMINARY APPROVAL, THE FILE NUMBER IN THE LOWER LEFT CORNER OF EACH SHEET IS THE KING COUNTY
DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES FILE NUMBER.
ROOF DOWNSPOUM
ALL BUILDING DOWNSPOUTS. FOOTING DRAINS, AND DRAINS FROM ALL IMPERVIOUS SURFACES SUCH AS PATIOS AND DRIVEWAYS
SHALL BE CONNECTED TO THE PERMANENT STORM DRAIN OUTLET AS SHOWN ON THE APPROVED CONSTRUCTION DRAWINGS,
FACx12 -0010, ON FILE WITH THE CITY OF AUBURN. THIS PLAN SHALL BE SUBMITTED WITH THE APPLICATION OF ANY BUILDING
PERMIT. ALL CONNECTIONS OF THE DRAINS MUST BE CONSTRUCTED AND APPROVED PRIOR TO THE FINAL BUILDING INSPECTION
APPROVAL. FOR THOSE LOTS THAT ARE DESIGNATED FOR INDIVIDUAL LOT INFILTRATION SYSTEMS, THE SYSTEMS SHALL BE
CONSTRUCTED AT THE TIME OF THE BUILDING PERMIT AND SHALL COMPLY WITH PLANS ON FILE,
VEhICl1LAR ACCEM
DIRECT VEHICULAR ACCESS TO AND FROM 124TH AVENUE S.E. AND S.E. 304TH STREET FROM ANY LOT IS PROHIBITED.
MRIGATION PAYMENT SYSTEM:
LOTS 2 THROUGH 28 ARE SUBJECT TO KING COUNTY CODE No. 14.75. KING COUNTY ROAD MITIGATION PAYMENT SYSTEM (MPS).
THE MPS FEES PLUS THE MPS ADMINISTRATIVE FEES SHALL BE PAID AT ME TIME OF BUILDING PERMIT APPLICATION AT THE
RATE IN EFFECT AT THAT TIME.
SCHOOL !PACT FEEI,
LOTS 2 THROUGH 28 ARE SUBJECT TO AUBURN CITY CODE 19.02.D70. THE SCHOOL IMPACT FEE AND ANY ADMINISTRATIVE FEE
SHALL BE IMPOSED CONCURRENT WITH THE ISSUANCE OF THE BUILDING PERMITS FOR THESE LOTS
EXBdPf10Pk
A DWELLING EXISTED ON THIS SITE AT THE TIME OF PRELIMINARY PLAT APPROVAL. THEREFORE LOT 1 IS EXEMPT FROM ALL
MITIGATION AND IMPACT FEES IMPOSED ON THIS SUBDNSION.
LAND 8URVEttOR'S CERTPICATE
I HEREBY CERTIFY THAT THIS PLAT OF ALICIA GLENN IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION
4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W M., THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY HEREON,
THAT THE MONUMENTS WILL BE SET AND THE LOT CORNERS WILL BE STAKED OR REFERENCED CORRECTLY ON THE
GROUND AND THAT I HAVE COMPLIED WITH THE PROVISIONS OF THE PLATTING REGULATIONS.
PAUL E. MORR W P.LS., C STIR ATE No. 22962
DALEY- MORROW- POBLETE, INC.
726 AUBURN WAY NORTH, AUBURN, 'NA. 98002
(253) 333 -2200 (FAX) 333 -2206 SEE SHEET 2 OF 3 FOR ADDITIONAL NOTE!
MANAGER --- ---- ------- -- - -- ---------
MANAGER SUPERINTENDENT OF RECORDS
D.D.E.S. FILE No. L06P0003 AUBURN FILE No. PLT14 -0003 SHEET 1 OF 3
IA0
QQ' pF Sy,�'Oy.
yt
DALEY-MORROW- POBLETE, INC.
726 AUBURN WAY NORTH
AU BU RNi WASHINGTON 98002
PHONE: (253/333 -2200 (FAX)333 -2208
ENGINEERING E PLANNING. SURVEYING
D
AI LA 0
moe.pe�«
/2i57FP •a 30 MAY '14
ALICIA GLENN
A PORTION OF
S.W. 1/4, S.E.1 /4, Sec. 4, T -21N, R -5E, W.M.
City of Auburn, King County, Washington
KCSC PT. No. 5928
3/4" COPPER PIN
• YIN CC C. IN CASE
4 4 (NOT VIS, ITED THIS SURVEY)
K,C.EC PT. No 7116
2" BY 2' WOOD PLUG
IN 2" IRON PIPE AT SURFACE ,
(NOT VISITED THIS SURVEY)
I
MERIDIAN GRAPHIC SCALE
WASHINGTON STATE PLANE, NORTH ZONE 500 0 250 500 1,000
MAD 83/91, PER K C.S.C.
BASIS OF BEARING& ( LN FEET )
LN., S.E 1/4, SEC. 4, T -21N, R -5E, W.M. I inch = 500 It
BEARING N87'57'29 "W
NOTES /RE
1. IN CONJUNCTION WITH OR UPON COMPLETION OF RESIDENTIAL
BUILDING CONSTRUCTION, PAIR C126: TOPSOILING REQUIREMENTS
PER THE SWMM, SHALL BE INCORPORATED WITH LANDSCAPE
PLANTINGS IN PERVIOUS AREAS OF EACH INDIVIDUAL LOT.
PRIOR TO BUILDING CONSTRUCTION ON ALL LOTS, TEMPORARY
'
- _ 2646 80_
71CAL C1 /4_— -- j - _"'------- -- --- '
EROSION AND SEDIMENTATION CONTROL MEASURES, PER THE
AUBURN UWASHINGTONN1O 98002
f
CONSTRUCTION STORM WATER POLLUTION PREVENTION PLAN
I
(M) MEASURED
I
1
( CSWPPP) WILL BE CONSTRUCTED AND MAINTAINED THROUGH
Im
FINAL LOT STABILIZATION. PRIOR TO FINAL BUILDING INSPECTIONS:
to
�z
I
i I
FOR THE STRUCTURE(S) ON ALL LOTS, ROOF DRAIN DOWNSPOUTS,
NBT57'29 °W 2639.31'(K.C.S.C.) 263932'(M) -
-C(fj IN CONC., IN CASE
'13)
FOOTING DRAINS AND ALL LANDSCAPED AREAS NOT DESIGNATED
9 ui (VISITED JUNE
SUBDIVISION OF.
FOR SHEET FLOW TO THE ADJACENT SENSITIVE AREAS, OR
S.E.1 /4, SEC. 4, T -21N, R -5E, W.M.
ALLOWED TO BE TREATED ONSITE, SHALL BE TIGHTUNED TO THE
PUBLIC ROADWAY DRAINAGE SYSTEM AND SHALL BE INSPECTED
K.0 -SO. PT. No 7128
'UNCH IN 2 1/2" BRASS DISK
BY THE CITY OF AUBURN FOR COMPLIANCE WITH THE CSWPPP
-,_
IN CONO, IN CASE
9
PRIOR TO FINAL APPROVAL.
"1 /4 9 LS 36794 2008"
2. THE DEPARTMENT OF ECOLOGY CONSTRUCTION STORMWATER
(VISITED JUNE '13)
GENERAL PERMIT IS LINKED TO THE PROJECT SITE. ANY
TRANSFER OF OWNERSHIP, PARTIAL OR COMPLETE, REQUIRES A
ALSO EXCEPT COUNTY ROADS;
TRANSFER OF COVERAGE THROUGH THE DEPARTMENT OF
AND ALSO EXCEPT THAT PORTION CONVEYED TO KING COUNTY
ECOLOGY AND 15 APPLICABLE UNTIL COMPLETE PROJECT
FINALIZATION.
RECORDED UNDER RECORDING NUMBER 20070925000337.
CITY OF AUBURN DRAINAGE EASEMENT AND COVENANT.
ALL DRAINAGE EASEMENTS WITHIN THIS PLAT, NOT SHOWN AS "PRIVATE", ARE HEREBY GRANTED AND CONVEYED
TO THE CITY OF AUBURN, A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON, FOR THE PURPOSE OF
CONVEYING, STORING, MANAGING AND FACILITATING STORM AND SURFACE WATER PER THE ENGINEERING PLANS
APPROVED FOR THIS PLAT, TOGETHER WITH THE RIGHT OF REASONABLE ACCESS (INGRESS AND EGRESS), TO
ENTER SAID DRAINAGE EASEMENT FOR THE PURPOSE OF INSPECTING, OPERATING, MAINTAINING, REPAIRING AND
IMPROVING THE DRAINAGE FACILITIES CONTAINED THEREIN. NOTE THAT EXCEPT FOR THE FACIUTIES WHICH HAVE
BEEN FORMALLY ACCEPTED FOR MAINTENANCE BY THE CITY OF AUBURN, MAINTENANCE OF DRAINAGE FACILITIES
ON PRIVATE PROPERTY IS THE RESPONSIBILITY OF THE PROPERTY OWNER.
THE OWNERS OF SAID PRIVATE PROPERTY ARE REQUIRED TO OBTAIN PRIOR WRITTEN APPROVAL FROM THE CITY
OF AUBURN, AND ANY REQUIRED PERMITS FROM THE CITY OF AUBURN FOR ACTIVITIES SUCH AS CLEARING AND
GRADING, PRIOR TO FILLING, PIPING, CUTTING OR REMOVING VEGETATION (EXCEPT FOR ROUTINE LANDSCAPE
M AINTENANCE SUCH AS LAWN MOWING) IN OPEN VEGETATED DRAINAGE FACILITIES (SUCH AS SWALES, CHANNELS,
DITCHES, PONDS, ETC.,) OR PERFORMING ANY ALTERATIONS OR MODIFICATIONS TO THE DRAINAGE FACILITIES,
CONTAINED WITHIN SAID DRAINAGE EASEMENT.
THIS EASEMENT IS INTENDED TO FACILITATE REASONABLE ACCESS TO THE DRAINAGE FACILITIES THIS EASEMENT
AND COVENANT SHALL RUN WITH THE LAND AND IS B,'NDIN'C UPON THE OWNERS OF SAID PRI1 ATE PROPERTY.
THEIR HEIRS, SUCCESSORS AND ASSIGNS.
THE OWNERS OF SAID PRIVATE PROPERTY SHALL NOT IN ANY WAY BLOCK, RESTRICT OR IMPEDE INGRESS AND
EGRESS TO OR FROM SAID EASEMENT, AND /OR IN ANY WAY BLOCK, RESTRICT OR IMPEDE FULL USE OF THE
REAL PROPERTY WITHIN THE ABOVE DESCRIBED EASEMENT BY THE CITY OF AUBURN FOR THE ABOVE DESCRIBED
PURPOSES. NO BUILDING, WALL, ROCKERY, FENCE, TREES OR STRUCTURES OF ANY KIND SHALL BE ERECTED OR
PLANTED, NOR SHALL ANY FILL MATERIAL BE PLACED WITHIN THE BOUNDARIES OF SAID EASEMENT AREA WITHOUT
THE EXPRESS WRITTEN CONSENT OF THE CITY. WITH CITY PERMISSION THE OWNERS OF SAID PRIVATE PROPERTY
MAY FENCE ACROSS SAID EASEMENT AND /OR ALONG THE BOUNDARIES OF SAID EASEMENT PROVIDED THAT A
GATE IS CONSTRUCTED IN SAID FENCE. SAID GATE SHALL BE OF SUFFICIENT LENGTH AND LOCATION TO ALLOW
THE GRANTEE FULL USE OF, AND INGRESS AND EGRESS TO AND FROM THE REAL PROPERTY WITHIN THE ABOVE
DESCRIBED EASEMENT IF SAID GATE IS TO BE LOCKED, KEYS SHALL BE PROVIDED TO THE CITY.
IN ADDITION TO THE OTHER RESTRICTIONS HEREIN, THE OWNERS OF SAID PRIVATE PROPERTY SHALL NOT CONVEY
TO A THIRD PARTY ANY EASEMENT OR OTHER RIGHT OF USAGE IN THE PROPERTY THAT WOULD IMPAIR OR LIMIT
THE CITY'S USE OF THE EASEMENT AREA,
PRNATE DRAINAGE EASEMENT RESERVATION
AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO THE OWNERS OF ALL LOTS OF THIS SUBDIVISION AND LAKERIOGE
DEVELOPMENT, INC., THUS SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR TEN FEET PARALLEL WITH AND
ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS IN WHICH TO RENEW, OPERATE, AND MAINTAIN ROOF AND FOOTING
DRAINS IN CONFORMANCE WW APPROVED AS -BUILT CONSTRUCTION DRAWINGS ON FILE WITH THE CITY OF AUBURN
PRNATE DRAWAGE EASEMENT COVENANT:
THE OWNERS OF PRIVATE PROPERTY WITHIN THIS PLAT ENCUMBERED WITH DRAINAGE EASEMENTS SHOWN AS
"PRIVATE", HEREBY GRANT AND CONVEY TO THE CITY OF AUBURN, A MUNICIPAL CORPORATION OF THE STATE OF
WASHINGTON, THE RIGHT, BUT NOT THE OBLIGATION TO CONVEY OR STORE STORM AND SURFACE WATER PER THE
ENGINEERING PLANS APPROVED FOR THIS PLAT, TOGETHER WITH THE RIGHT OF REASONABLE ACCESS (INGRESS
AND EGRESS), TO ENTER SAO DRAINAGE EASEMENT FOR THE PURPOSE OF OBSERVING THAT THE OWNERS ARE
PROPERLY OPERATING AND MAINTAINING THE DRAINAGE FACILITIES CONTAINED THEREIN
THE OWNERS OF SAID PRIVATE PROPERTY ARE RESPONSIBLE FOR OPERATING, MAINTAINING AND REPAIRING THE
DRAINAGE FACILITIES CONTAINED WITHIN SAID DRAINAGE EASEMENT AND ARE HEREBY REQUIRED TO OBTAIN ANY
REQUIRED PERMITS FROM THE CITY OF AUBURN PRIOR TO FILLING, PIPING, CUTTING OR REMOVING VEGETATION
(EXCEPT FOR ROUTINE LANDSCAPE MAINTENANCE SUCH AS LAWN MOWING) IN OPEN VEGETATED DRAINAGE
FACILITIES (SUCH AS SWALES, CHANNELS, DITCHES, PONDS, ETC.) OR PERFORMING ANY ALTERATIONS OR
MODIFICATIONS TO THE DRAINAGE FACILITIES CONTAINED WITHIN SAID DRAINAGE EASEMENT
THIS COVENANT SHALL RUN WITH THE LAND AND IS BINDING UPON THE OWNERS OF SAID PRIVATE PROPERTY,
THEIR HEIRS, SUCCESSORS AND ASSIGNS
EASEMENT RESERVATION
AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO THE CITY OF AUBURN, BOMBAST CORPORATION, CENTURYLINK, INC.
AND VAKERIDGE DEVELOPMENT, INC, THEIR SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR TEN FEET PARALLEL
WITH AND AOJOWING THE PUBLIC STREET FRONTAGE OF ALL LOTS AND TRACTS IN WHICH TO INSTAii. LAY, CONSTRUCT, RENEW,
OPERATE AND MAINTAIN UNDERGROUND PIPE, CONDUIT, CABLES AND WIRES WITH NECESSARY FACILITIES AND OTHER EQUIPMENT
FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH RELATED UTILITIES TOGETHER WITH THE RIGHT
TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSES HEREIN STATED. THESE EASEMENTS ENTERED UPON FOR THESE
PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION BY THE GRANTEE NO LINES OR WIRES
FOR SAID UTILITIES SHALL BE PLACED OR PERMITTED TO BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE
UNDERGROUND OR IN A CONDUIT ATTACHED TO A BUILDING.
�FE °ENC�S
i. CW TIP E SUBDIVISION GUARANTEE ISSUED BY TITLE RESOURCES GUARANTY COMPANY ORDER No. 40126747 DATED
DECEMBER 10. 2013 AND SUBSEQUENT ENDORSEMENT DATED FEBRUARY 04, 2014
2. KING COUNTY ASSESSOR'S MAP OF BE 04- 21 -05, DATED 3/2/2012.
3 KING COUNTY SURVEY CONTROL
4 RECORD DF SURVEY, REC. No 7412090513.
D.D.E.S. FILE No. L06P0003 AUBURN FILE No. PLTWOM SHEET 2 OF 3
ORD C
VoLlpa
N87'46'46 'W 5282.03' • • • .
K C 5 C. PT. No. 7117
BRASS NAIL IN GONG, IN CASE
- _ 2646 80_
71CAL C1 /4_— -- j - _"'------- -- --- '
(NOTnpu NSITED THIS SURVEY)
-'-4p3
AUBURN UWASHINGTONN1O 98002
f
1
(K.OS.C.) KING COUNTY SURVEY CONTROL
I
(M) MEASURED
I
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�L K. C. S. C. PT. No. 7127
41/ 3 1/4° COPPER R00 W /PUNCH
NBT57'29 °W 2639.31'(K.C.S.C.) 263932'(M) -
-C(fj IN CONC., IN CASE
'13)
(BASIS OF BEARINGS)
9 ui (VISITED JUNE
SUBDIVISION OF.
S.E.1 /4, SEC. 4, T -21N, R -5E, W.M.
PER K C.S.C.
LEGAL DESCRIPTION:
THE 5 T HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 4, TOWNSHIP
21 NORTH, RANGE 5 EAST, W.M, IN KING COUNTY, WASHINGTON:
EXCEPT THE EAST 3 /8TH THEREOF,
AND EXCEPT THE WEST 39488 FEET OF THE EAST 889.75 FEET THEREOF;
ALSO EXCEPT COUNTY ROADS;
AND ALSO EXCEPT THAT PORTION CONVEYED TO KING COUNTY
FOR PUBLIC ROAD BY WARRANTY DEED
RECORDED UNDER RECORDING NUMBER 20070925000337.
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING. STATE OF
WASHINGTON
CITY OF AUBURN WATER AND SEWER EASEMENT(S) PROVISION
ALL PUBLIC WATER AND SEWER EASEMENTS AS SHOWN ARE HEREBY GRANTED AND CONVEYED TO
THE CITY OF AUBURN, A MUNICIPAL CORPORATION OF KING COUNTY, WASHINGTON, ITS SUCCESSORS
AND ASSIGNS, A PERPETUAL NONEXCLUSIVE EASEMENT UNDER, OVER, THROUGH AND ACROSS THE
REA1 PROPERTY AS DESCRIBED HEREIN FOR THE PURPOSE OF LAYING, MAINTA:".'ING, INSTALUNC, AND
CONVEYING WATER AND SEWER LINE AND APPURTENANCES THEREOF, PER THE ENGINEERING PLANS
APPROVED BY THE CITY OF AUBURN FOR THIS PLAT, TOGETHER PATH THE ABSOLUTE RIGHT, AT
TIMES AS NECESSARY FOR IMMEDIATE ACCESS (INGRESS AND EGRESS), TO ENTER SAID EASEMENT
FOR THE PURPOSE OF INSPECTING, OPERATING, MAINTAINING, REPAIRING, RECONSTP.UCTNG, AND
IMPROVING THE WATER AND SEWER FACILITIES CONTAINED THEREIN WTHOUT INCURRING ANY LEGAL
05LIGADCN OR LIABILITY THEREFORE.
THE CITY OF AUBURN SHALL HAVE THE ABSOLUTE RIGHT TO PLACE ANY TYPE OF DRIVING SURFACE
WTHN SAID EASEMENT AREA DEEMED NECESSARY BY THE CITY OF AUBURN.
THE OWNERS OF SAID PRIVATE PROPERTY SHALL NOT IN ANY WAY BLOCK, RESTRICT OR IMPEDE
INGRESS AND EGRESS TO OR FROM SAID EASEMENT AREA, AND /OR IN ANY WAY BLOCK, RESTRICT OR
MPEDE FULL USE OF THE REAL PROPERTY WITHIN THE ABOVE DESCRIBED EASEMENT AREA BY THE
CRY OF AUBURN FOR THE ABOVE- DESCRIBED PURPOSES NO BUILDING, WALL, ROCKERY, FENCE,
TREES. OR STRUCTURE OF ANY KIND SHALL BE ERECTED OR PLANTED, NOR SHALL ANY FILL BE PLACED WITHIN THE BOUNDARIES OF SAID EASEMENT AREA, tWTHOUT THE EXPRESS
TH
WRITTEN CONSENT OF THE CITY OF AUBURN. WI CITY OF AUBURN PERMISSION, THE OWNERS OF
SAID PRIVATE PROPERTY MAY FENCE ACROSS SAID EASEMENT AREA ANO /OR ALONG THE
BOUNDARIES OF SAID EASEMENT AREA, PROVIDED THAT A GATE IS CONSTRUCTED IN SAID FENCE.
SAID GATE SHALL BE OF SUFFICIENT LENGTH AND LOCATION TO ALLOW THE GRANTEE FULL USE OF,
AND INGRESS AND EGRESS TO AND FROM REAL PROPERTY WITHIN THE EASEMENT AREA. IF SAID
GATE IS TO BE LOCKED, KEYS SHALL BE PROVIDED TO THE CITY OF AUBURN.
NO EXCAVATION SHALL BE MADE WITHIN THREE (3) FEET OF SAID WATER AND SEWER SERVICE
FACILITIES AND THE SURFACE LEVEL OF THE GROUND WITHIN THE EASEMENT AREA SHALL BE
MAINTAINED AT THE ELEVATION AS CURRENTLY EXISTING
THE OWNERS OF SAID PRIVATE PROPERTY GRANT TO THE CITY OF AUBURN THE RIGHT OF INGRESS
AND EGRESS TO THE EASEMENT AREA OVER AND ACROSS ALL PAVED, GRAVELED, OR OTHERWISE
IMPROVED DRIVEWAYS OR PARKING LOTS WITHIN THE PARENT PARCEL IF DIRECT ACCESS TO THE
EASEMENT AREA IS NOT AVAILABLE FROM SUCH DRIVEWAYS OR PARKING LOTS, THE CITY OF
AUBURN'S RIGHT OF INGRESS AND EGRESS SHALL INCLUDE SUCH OTHER AREAS WITHIN THE PARENT
PARCEL AS THE CITY OF AUBURN DETERMINES ARE NECESSARY TO ACCESS THE EASEMENT AREA
FROM SUCH DRIVEWAYS AND PARKING LOTS OR FROM THE PARENT PARCEL'S BOUNDARIES IN THE
CASE OF ANY DAMAGE OR DISRUPTION OF THE PARENT PARCEL, THE CHY OF AUBURN SHALL
RETURN THE PROPERTY TO A CONDITION REASONABLY COMPARABLE TO ITS CONDITION AS IT
EXIST TED IMMEDIATELY BEFORE ENTRY AND /OR WORK WAS MADE THEREON BY THE CITY OF AUBURN
OR ITS AGENTS.
THE OWNERS OF SAID PRIVATE PROPERTY ADDITIONALLY GRANT TO THE CITY OF AUBURN, THE USE
OF SUCH ADDITIONAL AREA IMMEDIATELY ADJACENT TO SAID EASEMENT AREA AS SHALL BE
REQUIRED FOR THE CONSTRUCITON, RECONSTRUCITON, MAINTENANCE AND OPERATION OF SAO WATER
AND SEWER FACILITIES, THE USE OF SUCH ADDITIONAL AREA SHALL BE HELD TO A REASONABLE
MINIMUM AND IN THE CASE OF ANY DAMAGE OR DISRUPTION OF THE PARENT PARCEL, THE CITY OF
AUBURN SHALL RETURN ME PROPERTY TO A CONDITION REASONABLY COMPARABLE TO ITS
CONDITION AS IT EXISTED IMMEDIATELY BEFORE ENTRY ANY /OR WORK WAS MADE HEREON BY THE
CITY OF AUBURN OR ITS AGENTS. IN ADDITION TO THE OTHER RESTRICTIONS HEREIN, THE OWNERS
OF SAID PRIVATE PROPERTY SHALL NOT CONVEY TO A THIRD PARTY ANY EASEMENT OR OTHER
RIGHT OF USAGE IN THE PARENT PARCEL THAT WOULD IMPAIR OR LIMIT THE CITY OF AUBURN'S USE
OF THE EASEMENT AREA.
THIS EASEMENT AND COVENANT SHALL RUN WITH THE PARENT PARCEL AND IS BINDING ON THE
OWNERS OF SAID PRIVATE PROPERTY, THEIR HEIRS, SUCCESSORS AND ASSIGNS,
DALEY- MORROW- POBLE, INC.
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AUBURN UWASHINGTONN1O 98002
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LAND PLANNMG
12157FP ee 30 MAY '14
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ALICIA GLENN
A PORTION OF
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10' PRIVATE DRAINAGE EASEMENT AND CitLy of Auburn, King County, Washington
SEE PRIVATE DRAINAGE EASEMENT RESERVATION
AND EASEMENT RESERVATION SHEET 2 OF 3 UNPLATTED
UTILITY SYSTEM EASEMENT REC. No. 20131031000248
N8754'48V 40OA2'
65.82 57.00' 1 50.00' 50.00"
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5,072 053 O
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-- - • - • E302
300.64' CE N88'20'52 'W 430.
N TRACT •D•
r ACCESS/UTIUTY -900
3,250 SF }, SEE NOTE 11 SHEET 1 OF 3 Rp R•
' --- -- Aug, 2 6
-- ------ .00 76.46"
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L =39.27 1
�I I ' I 24 C
5,699 SF} ° 23
5.48 S} ° 25'
25'
188'20'52 "W 106.02' N ry N88'20'52 "W IN l l
10' UT1Utt SYSTEM -� f 101.50'
EASEMENT, REC. No. I. W w e I 10.7
20131031000248 10 0 m co o 10' PRIVATE 22 io c
25 O M M O EASEMENE 5,075 SF3 ^ -
5,299 SF3 i'n a ? NI SEE NOTE 14
38'20'52 "W 105.95; SHEET 1 OF 3
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26.00 t
to /1 50.
5,296 SF* I
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6J -32.37 41.61 1234' 59.2
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N88-20'52 "W
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TRACT •C L
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STORM DRAINAGE 3
37
SHEET 1 OF 3
30.456 SF3
10' PRIVATE DRAINAGE E
EASEMENT
1 OF 3
N88-20 52 "W
19 1 10.8
5,064 Sfi i�
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98.63'
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AND UTILITY EASEMENT w TRACT'B.
SEE PRIVATE DRAINAGE RECREATION SPAC
EASEMENT RESERVATION ° SEE NOTE 9
AND EASEMENT RESERVATION SHEET 1 OF 3
SHEET 2 OF 3 :t N 71,619 SF3
UTIUTY SYSTEM EASEMENT ^10' UTUTY SYSTEM'
REC. No. 20137031000248 Z EASEMENT, REC. No
20131031000248
" 7
Q 5,637 SF} � °p 6.014 SF3
r J, 10.7V N
30.00'
8
5,641 SF3
N ... 0'52"
105.00'
9
4,200 SF3
N88'20'52 "1
"-105.00' --
10
4,200 SF3
N88420152 "V
105.00'
4.200 SF3
J88420 352" A
105.00'
12
4,200 SF}
188'20'52 "W
105.00'
13
4,200 SF3
88'20'52 "W
105,00'
4,1864SF}
88'20'52 "W
101.83'
15
4,520 SF3
16
4,317 SF3
38'20'52"
108.00'
T7
4,320 SF3
1 /2" REBAR W /CAP
"BHI LS 11332"
S72'E 0.1' FROM
CALCULATED POSITION
(VISITED JUNE '13)
-10' PRIVATE DRAINAGE EASEMENT
AND UTIUTY EASEMENT
SEE PRIVATE DRAINAGE
EASEMENT RESERVATION
AND EASEMENT RESERVATION
SHEET 2 OF 3
UT1UTY SYSTEM EASEMENT
REC. No. 20131031000248
PRIVATE DRAINAGE EASEMENT
NOTE 12 SHEET 1 OF 3
0 MERIDIAN:
w
WASHINGTON STATE PLANE, NORTH ZONE
� NAD 83/91, PER K.C.SC.
BASIS OF BEARINGS:
d S. LN, S.E 1/4, SEC. 4, T -21N, R -5E, W.M.
Z BEARING N87'57'29 "W
10' PRIVATE DRAINAGE AND WALL
MAINTENANCE EASEMENT HEREBY
GRANTED AND CONVEYED TO THE
OWNERS OF LOTS 11 THROUGH 18,
THEIR SUCCESSORS AND ASSIGNS.
10' CONSTRUCTION EASEMENT
HEREBY GRANTED AND CONVEYED
TO LAKERIDGE DEVELOPMENT 1, LLC.
ITS SUCCESSORS AND ASSIGNS.
ArouPQ
LEGEND
0 CITY OF AUBURN TYPE "B" MODIFIED MONUMENT TO BE
SET WHEN CONSTRUCTION IS COMPLETED
(R) RADIAL
PWE PUBLIC WATER EASEMENT, SEE CITY OF AUBURN WATER
AND SEWER EASEMENTS) PROVISION SHEET 2 OF 3
PSE PUBLIC SEWER EASEMENT, SEE CITY OF AUBURN WATER
AND SEWER EASEMENTS) PROVISION SHEET 2 OF 3
POE PUBLIC DRAINAGE EASEMENT, SEE CITY OF AUBURN
DRAINAGE EASEMENT AND COVENANT SHEET 2 OF 3
{10.XX' TACK AND BRASS WASHER IN LEAD MARKED "DMP INC
p22962' IN THE CURB ON THE EXTENSION OF THE LOT
LINE WITH THE DISTANCE TO THE ASSOCIATED LOT CORNER
PWE u( 4� 18 iv z
e<,B6 �'- -----'- 99.33' -------
-______ yp. 1 6,026 SF} ivj -'
1_ _ p 3
17 OR, N8T5T29•WD'D333.33' __-- I� -i 734.00' '-- S -
10' PRIVATE
4 10' UTILITY SYSTEM EASEMENT DRAINAGE EASEMENT o
REC. No. 20131031000248 SEE NOTE 13
--,- -_ - 428 89' SHEET 1 OF 3 -
9 K. C.S.C. PT. No. 7128 - - - _
APPUCAnON FOR PERMIT TO REMOVE OR N8757'29' 2639.31(K.C.S.C.) 2639.32'(M) - + 1 L2 42
DESTROY A SURVEY MONUMENT, PERMIT NO. 3649 (BASIS OF BEARINGS
PUNCH W 2 1/2" BRASS DISK, IN CONC.. IN CASE ) 9
"114 6 LS 36794 2008" (VISITED JUNE '13) BE' 34TH ;Er 1/45 COPPER ROD 127 PUNCH
IN CONC., IN CASE
(VISITED JUNE '13)
ADDRESS TABLE
LOT No. ADDRESS LOT NO. I ADDRESS
1 12404 S.E. 302ND PLACE 15 30320 125TH COURT S.E.
2 12412 S.E. 302ND PLACE 16 30328 125TH COURT S.E.
3 12420 S.E. 302ND PLACE 17 30336 125TH COURT S.E.
4 12428 S.E. 302ND PLACE 18 30344 125TH COURT S.E.
5 12436 S.E. 302ND PLACE 19 30303 125TH COURT S.E.
6 12504 S.E. 302ND PLACE 20 30229 125TH COURT S.E.
7 12512 S, E. 302ND PLACE 21 30221 125TH COURT S.E.
8 30204 125TH COURT S.E. 22 30213 125TH COURT S.E.
9 30212 125TH COURT S.E. 23 30205 125TH COURT S.E.
10 30220 125TH COURT S.E. 24 12413 S.E. 302ND PLACE
11 30228 125TH COURT S.E. 25 12415 S.E. 302ND PLACE
12 30236 125TH COURT S.E. 26 12417 S.E. 302ND PLACE
13 30304 125TH COURT S E. 27 12419 S.E. 302ND PLACE
14 30312 125TH COURT S.E. 28 30311 125TH COURT S.E.
GRAPHIC SCALE
50 0 25 50 100
( IN FEET )
1 inch = 50 ft.
FILE No. L06P0003 AUBURN FILE No. PLTA -0003 SHEET 3 OF 3
Panes 101 of 2R0
CURVE TABLE
CURVE I DELTA RADN18 I LENarH
Cl 23'50'04" 25.00' 10.40'
C2 03'05'11" 51.00' 2.75'
C3 52'37'59" 51.00' 46.85'
C4 03'36'52" 51.00' 3.22'
C5 36'47'01" 51.00' 32.74'
C6 30'05'16" 51.00' 26.78'
C7 38'37'41" 25.00' 16.85'
C8 27'43'36" 25.00' 12.10'
SEE SHEETS 1 AND 2 OF 3 FOR ADDITIONAL
E >AO DALEY- MORROW- POBLETE, INC.
726 WAY
QJ` q�0 WASHINGTON NORTH
Q pF SN�cf PHONE: (253)333 -2200 (FAX)333 -2206
ENGINEERING - SURVEYING
si Q D LAND PLANNING
Po.oe
12157FP .a 30 MAY '14
" 7
Q 5,637 SF} � °p 6.014 SF3
r J, 10.7V N
30.00'
8
5,641 SF3
N ... 0'52"
105.00'
9
4,200 SF3
N88'20'52 "1
"-105.00' --
10
4,200 SF3
N88420152 "V
105.00'
4.200 SF3
J88420 352" A
105.00'
12
4,200 SF}
188'20'52 "W
105.00'
13
4,200 SF3
88'20'52 "W
105,00'
4,1864SF}
88'20'52 "W
101.83'
15
4,520 SF3
16
4,317 SF3
38'20'52"
108.00'
T7
4,320 SF3
1 /2" REBAR W /CAP
"BHI LS 11332"
S72'E 0.1' FROM
CALCULATED POSITION
(VISITED JUNE '13)
-10' PRIVATE DRAINAGE EASEMENT
AND UTIUTY EASEMENT
SEE PRIVATE DRAINAGE
EASEMENT RESERVATION
AND EASEMENT RESERVATION
SHEET 2 OF 3
UT1UTY SYSTEM EASEMENT
REC. No. 20131031000248
PRIVATE DRAINAGE EASEMENT
NOTE 12 SHEET 1 OF 3
0 MERIDIAN:
w
WASHINGTON STATE PLANE, NORTH ZONE
� NAD 83/91, PER K.C.SC.
BASIS OF BEARINGS:
d S. LN, S.E 1/4, SEC. 4, T -21N, R -5E, W.M.
Z BEARING N87'57'29 "W
10' PRIVATE DRAINAGE AND WALL
MAINTENANCE EASEMENT HEREBY
GRANTED AND CONVEYED TO THE
OWNERS OF LOTS 11 THROUGH 18,
THEIR SUCCESSORS AND ASSIGNS.
10' CONSTRUCTION EASEMENT
HEREBY GRANTED AND CONVEYED
TO LAKERIDGE DEVELOPMENT 1, LLC.
ITS SUCCESSORS AND ASSIGNS.
ArouPQ
LEGEND
0 CITY OF AUBURN TYPE "B" MODIFIED MONUMENT TO BE
SET WHEN CONSTRUCTION IS COMPLETED
(R) RADIAL
PWE PUBLIC WATER EASEMENT, SEE CITY OF AUBURN WATER
AND SEWER EASEMENTS) PROVISION SHEET 2 OF 3
PSE PUBLIC SEWER EASEMENT, SEE CITY OF AUBURN WATER
AND SEWER EASEMENTS) PROVISION SHEET 2 OF 3
POE PUBLIC DRAINAGE EASEMENT, SEE CITY OF AUBURN
DRAINAGE EASEMENT AND COVENANT SHEET 2 OF 3
{10.XX' TACK AND BRASS WASHER IN LEAD MARKED "DMP INC
p22962' IN THE CURB ON THE EXTENSION OF THE LOT
LINE WITH THE DISTANCE TO THE ASSOCIATED LOT CORNER
PWE u( 4� 18 iv z
e<,B6 �'- -----'- 99.33' -------
-______ yp. 1 6,026 SF} ivj -'
1_ _ p 3
17 OR, N8T5T29•WD'D333.33' __-- I� -i 734.00' '-- S -
10' PRIVATE
4 10' UTILITY SYSTEM EASEMENT DRAINAGE EASEMENT o
REC. No. 20131031000248 SEE NOTE 13
--,- -_ - 428 89' SHEET 1 OF 3 -
9 K. C.S.C. PT. No. 7128 - - - _
APPUCAnON FOR PERMIT TO REMOVE OR N8757'29' 2639.31(K.C.S.C.) 2639.32'(M) - + 1 L2 42
DESTROY A SURVEY MONUMENT, PERMIT NO. 3649 (BASIS OF BEARINGS
PUNCH W 2 1/2" BRASS DISK, IN CONC.. IN CASE ) 9
"114 6 LS 36794 2008" (VISITED JUNE '13) BE' 34TH ;Er 1/45 COPPER ROD 127 PUNCH
IN CONC., IN CASE
(VISITED JUNE '13)
ADDRESS TABLE
LOT No. ADDRESS LOT NO. I ADDRESS
1 12404 S.E. 302ND PLACE 15 30320 125TH COURT S.E.
2 12412 S.E. 302ND PLACE 16 30328 125TH COURT S.E.
3 12420 S.E. 302ND PLACE 17 30336 125TH COURT S.E.
4 12428 S.E. 302ND PLACE 18 30344 125TH COURT S.E.
5 12436 S.E. 302ND PLACE 19 30303 125TH COURT S.E.
6 12504 S.E. 302ND PLACE 20 30229 125TH COURT S.E.
7 12512 S, E. 302ND PLACE 21 30221 125TH COURT S.E.
8 30204 125TH COURT S.E. 22 30213 125TH COURT S.E.
9 30212 125TH COURT S.E. 23 30205 125TH COURT S.E.
10 30220 125TH COURT S.E. 24 12413 S.E. 302ND PLACE
11 30228 125TH COURT S.E. 25 12415 S.E. 302ND PLACE
12 30236 125TH COURT S.E. 26 12417 S.E. 302ND PLACE
13 30304 125TH COURT S E. 27 12419 S.E. 302ND PLACE
14 30312 125TH COURT S.E. 28 30311 125TH COURT S.E.
GRAPHIC SCALE
50 0 25 50 100
( IN FEET )
1 inch = 50 ft.
FILE No. L06P0003 AUBURN FILE No. PLTA -0003 SHEET 3 OF 3
Panes 101 of 2R0
CURVE TABLE
CURVE I DELTA RADN18 I LENarH
Cl 23'50'04" 25.00' 10.40'
C2 03'05'11" 51.00' 2.75'
C3 52'37'59" 51.00' 46.85'
C4 03'36'52" 51.00' 3.22'
C5 36'47'01" 51.00' 32.74'
C6 30'05'16" 51.00' 26.78'
C7 38'37'41" 25.00' 16.85'
C8 27'43'36" 25.00' 12.10'
SEE SHEETS 1 AND 2 OF 3 FOR ADDITIONAL
E >AO DALEY- MORROW- POBLETE, INC.
726 WAY
QJ` q�0 WASHINGTON NORTH
Q pF SN�cf PHONE: (253)333 -2200 (FAX)333 -2206
ENGINEERING - SURVEYING
si Q D LAND PLANNING
Po.oe
12157FP .a 30 MAY '14
10' PRIVATE DRAINAGE AND WALL
MAINTENANCE EASEMENT HEREBY
GRANTED AND CONVEYED TO THE
OWNERS OF LOTS 11 THROUGH 18,
THEIR SUCCESSORS AND ASSIGNS.
10' CONSTRUCTION EASEMENT
HEREBY GRANTED AND CONVEYED
TO LAKERIDGE DEVELOPMENT 1, LLC.
ITS SUCCESSORS AND ASSIGNS.
ArouPQ
LEGEND
0 CITY OF AUBURN TYPE "B" MODIFIED MONUMENT TO BE
SET WHEN CONSTRUCTION IS COMPLETED
(R) RADIAL
PWE PUBLIC WATER EASEMENT, SEE CITY OF AUBURN WATER
AND SEWER EASEMENTS) PROVISION SHEET 2 OF 3
PSE PUBLIC SEWER EASEMENT, SEE CITY OF AUBURN WATER
AND SEWER EASEMENTS) PROVISION SHEET 2 OF 3
POE PUBLIC DRAINAGE EASEMENT, SEE CITY OF AUBURN
DRAINAGE EASEMENT AND COVENANT SHEET 2 OF 3
{10.XX' TACK AND BRASS WASHER IN LEAD MARKED "DMP INC
p22962' IN THE CURB ON THE EXTENSION OF THE LOT
LINE WITH THE DISTANCE TO THE ASSOCIATED LOT CORNER
PWE u( 4� 18 iv z
e<,B6 �'- -----'- 99.33' -------
-______ yp. 1 6,026 SF} ivj -'
1_ _ p 3
17 OR, N8T5T29•WD'D333.33' __-- I� -i 734.00' '-- S -
10' PRIVATE
4 10' UTILITY SYSTEM EASEMENT DRAINAGE EASEMENT o
REC. No. 20131031000248 SEE NOTE 13
--,- -_ - 428 89' SHEET 1 OF 3 -
9 K. C.S.C. PT. No. 7128 - - - _
APPUCAnON FOR PERMIT TO REMOVE OR N8757'29' 2639.31(K.C.S.C.) 2639.32'(M) - + 1 L2 42
DESTROY A SURVEY MONUMENT, PERMIT NO. 3649 (BASIS OF BEARINGS
PUNCH W 2 1/2" BRASS DISK, IN CONC.. IN CASE ) 9
"114 6 LS 36794 2008" (VISITED JUNE '13) BE' 34TH ;Er 1/45 COPPER ROD 127 PUNCH
IN CONC., IN CASE
(VISITED JUNE '13)
ADDRESS TABLE
LOT No. ADDRESS LOT NO. I ADDRESS
1 12404 S.E. 302ND PLACE 15 30320 125TH COURT S.E.
2 12412 S.E. 302ND PLACE 16 30328 125TH COURT S.E.
3 12420 S.E. 302ND PLACE 17 30336 125TH COURT S.E.
4 12428 S.E. 302ND PLACE 18 30344 125TH COURT S.E.
5 12436 S.E. 302ND PLACE 19 30303 125TH COURT S.E.
6 12504 S.E. 302ND PLACE 20 30229 125TH COURT S.E.
7 12512 S, E. 302ND PLACE 21 30221 125TH COURT S.E.
8 30204 125TH COURT S.E. 22 30213 125TH COURT S.E.
9 30212 125TH COURT S.E. 23 30205 125TH COURT S.E.
10 30220 125TH COURT S.E. 24 12413 S.E. 302ND PLACE
11 30228 125TH COURT S.E. 25 12415 S.E. 302ND PLACE
12 30236 125TH COURT S.E. 26 12417 S.E. 302ND PLACE
13 30304 125TH COURT S E. 27 12419 S.E. 302ND PLACE
14 30312 125TH COURT S.E. 28 30311 125TH COURT S.E.
GRAPHIC SCALE
50 0 25 50 100
( IN FEET )
1 inch = 50 ft.
FILE No. L06P0003 AUBURN FILE No. PLTA -0003 SHEET 3 OF 3
Panes 101 of 2R0
CURVE TABLE
CURVE I DELTA RADN18 I LENarH
Cl 23'50'04" 25.00' 10.40'
C2 03'05'11" 51.00' 2.75'
C3 52'37'59" 51.00' 46.85'
C4 03'36'52" 51.00' 3.22'
C5 36'47'01" 51.00' 32.74'
C6 30'05'16" 51.00' 26.78'
C7 38'37'41" 25.00' 16.85'
C8 27'43'36" 25.00' 12.10'
SEE SHEETS 1 AND 2 OF 3 FOR ADDITIONAL
E >AO DALEY- MORROW- POBLETE, INC.
726 WAY
QJ` q�0 WASHINGTON NORTH
Q pF SN�cf PHONE: (253)333 -2200 (FAX)333 -2206
ENGINEERING - SURVEYING
si Q D LAND PLANNING
Po.oe
12157FP .a 30 MAY '14
PWE u( 4� 18 iv z
e<,B6 �'- -----'- 99.33' -------
-______ yp. 1 6,026 SF} ivj -'
1_ _ p 3
17 OR, N8T5T29•WD'D333.33' __-- I� -i 734.00' '-- S -
10' PRIVATE
4 10' UTILITY SYSTEM EASEMENT DRAINAGE EASEMENT o
REC. No. 20131031000248 SEE NOTE 13
--,- -_ - 428 89' SHEET 1 OF 3 -
9 K. C.S.C. PT. No. 7128 - - - _
APPUCAnON FOR PERMIT TO REMOVE OR N8757'29' 2639.31(K.C.S.C.) 2639.32'(M) - + 1 L2 42
DESTROY A SURVEY MONUMENT, PERMIT NO. 3649 (BASIS OF BEARINGS
PUNCH W 2 1/2" BRASS DISK, IN CONC.. IN CASE ) 9
"114 6 LS 36794 2008" (VISITED JUNE '13) BE' 34TH ;Er 1/45 COPPER ROD 127 PUNCH
IN CONC., IN CASE
(VISITED JUNE '13)
ADDRESS TABLE
LOT No. ADDRESS LOT NO. I ADDRESS
1 12404 S.E. 302ND PLACE 15 30320 125TH COURT S.E.
2 12412 S.E. 302ND PLACE 16 30328 125TH COURT S.E.
3 12420 S.E. 302ND PLACE 17 30336 125TH COURT S.E.
4 12428 S.E. 302ND PLACE 18 30344 125TH COURT S.E.
5 12436 S.E. 302ND PLACE 19 30303 125TH COURT S.E.
6 12504 S.E. 302ND PLACE 20 30229 125TH COURT S.E.
7 12512 S, E. 302ND PLACE 21 30221 125TH COURT S.E.
8 30204 125TH COURT S.E. 22 30213 125TH COURT S.E.
9 30212 125TH COURT S.E. 23 30205 125TH COURT S.E.
10 30220 125TH COURT S.E. 24 12413 S.E. 302ND PLACE
11 30228 125TH COURT S.E. 25 12415 S.E. 302ND PLACE
12 30236 125TH COURT S.E. 26 12417 S.E. 302ND PLACE
13 30304 125TH COURT S E. 27 12419 S.E. 302ND PLACE
14 30312 125TH COURT S.E. 28 30311 125TH COURT S.E.
GRAPHIC SCALE
50 0 25 50 100
( IN FEET )
1 inch = 50 ft.
FILE No. L06P0003 AUBURN FILE No. PLTA -0003 SHEET 3 OF 3
Panes 101 of 2R0
CURVE TABLE
CURVE I DELTA RADN18 I LENarH
Cl 23'50'04" 25.00' 10.40'
C2 03'05'11" 51.00' 2.75'
C3 52'37'59" 51.00' 46.85'
C4 03'36'52" 51.00' 3.22'
C5 36'47'01" 51.00' 32.74'
C6 30'05'16" 51.00' 26.78'
C7 38'37'41" 25.00' 16.85'
C8 27'43'36" 25.00' 12.10'
SEE SHEETS 1 AND 2 OF 3 FOR ADDITIONAL
E >AO DALEY- MORROW- POBLETE, INC.
726 WAY
QJ` q�0 WASHINGTON NORTH
Q pF SN�cf PHONE: (253)333 -2200 (FAX)333 -2206
ENGINEERING - SURVEYING
si Q D LAND PLANNING
Po.oe
12157FP .a 30 MAY '14
ADDRESS TABLE
LOT No. ADDRESS LOT NO. I ADDRESS
1 12404 S.E. 302ND PLACE 15 30320 125TH COURT S.E.
2 12412 S.E. 302ND PLACE 16 30328 125TH COURT S.E.
3 12420 S.E. 302ND PLACE 17 30336 125TH COURT S.E.
4 12428 S.E. 302ND PLACE 18 30344 125TH COURT S.E.
5 12436 S.E. 302ND PLACE 19 30303 125TH COURT S.E.
6 12504 S.E. 302ND PLACE 20 30229 125TH COURT S.E.
7 12512 S, E. 302ND PLACE 21 30221 125TH COURT S.E.
8 30204 125TH COURT S.E. 22 30213 125TH COURT S.E.
9 30212 125TH COURT S.E. 23 30205 125TH COURT S.E.
10 30220 125TH COURT S.E. 24 12413 S.E. 302ND PLACE
11 30228 125TH COURT S.E. 25 12415 S.E. 302ND PLACE
12 30236 125TH COURT S.E. 26 12417 S.E. 302ND PLACE
13 30304 125TH COURT S E. 27 12419 S.E. 302ND PLACE
14 30312 125TH COURT S.E. 28 30311 125TH COURT S.E.
GRAPHIC SCALE
50 0 25 50 100
( IN FEET )
1 inch = 50 ft.
FILE No. L06P0003 AUBURN FILE No. PLTA -0003 SHEET 3 OF 3
Panes 101 of 2R0
CURVE TABLE
CURVE I DELTA RADN18 I LENarH
Cl 23'50'04" 25.00' 10.40'
C2 03'05'11" 51.00' 2.75'
C3 52'37'59" 51.00' 46.85'
C4 03'36'52" 51.00' 3.22'
C5 36'47'01" 51.00' 32.74'
C6 30'05'16" 51.00' 26.78'
C7 38'37'41" 25.00' 16.85'
C8 27'43'36" 25.00' 12.10'
SEE SHEETS 1 AND 2 OF 3 FOR ADDITIONAL
E >AO DALEY- MORROW- POBLETE, INC.
726 WAY
QJ` q�0 WASHINGTON NORTH
Q pF SN�cf PHONE: (253)333 -2200 (FAX)333 -2206
ENGINEERING - SURVEYING
si Q D LAND PLANNING
Po.oe
12157FP .a 30 MAY '14
GRAPHIC SCALE
50 0 25 50 100
( IN FEET )
1 inch = 50 ft.
FILE No. L06P0003 AUBURN FILE No. PLTA -0003 SHEET 3 OF 3
Panes 101 of 2R0
CURVE TABLE
CURVE I DELTA RADN18 I LENarH
Cl 23'50'04" 25.00' 10.40'
C2 03'05'11" 51.00' 2.75'
C3 52'37'59" 51.00' 46.85'
C4 03'36'52" 51.00' 3.22'
C5 36'47'01" 51.00' 32.74'
C6 30'05'16" 51.00' 26.78'
C7 38'37'41" 25.00' 16.85'
C8 27'43'36" 25.00' 12.10'
SEE SHEETS 1 AND 2 OF 3 FOR ADDITIONAL
E >AO DALEY- MORROW- POBLETE, INC.
726 WAY
QJ` q�0 WASHINGTON NORTH
Q pF SN�cf PHONE: (253)333 -2200 (FAX)333 -2206
ENGINEERING - SURVEYING
si Q D LAND PLANNING
Po.oe
12157FP .a 30 MAY '14
SEE SHEETS 1 AND 2 OF 3 FOR ADDITIONAL
E >AO DALEY- MORROW- POBLETE, INC.
726 WAY
QJ` q�0 WASHINGTON NORTH
Q pF SN�cf PHONE: (253)333 -2200 (FAX)333 -2206
ENGINEERING - SURVEYING
si Q D LAND PLANNING
Po.oe
12157FP .a 30 MAY '14
Exhibit 4
CITY OF
A, l V R.- r CERTIFICATE OF IMPROVEMENTS
WASHINGTON
FINAL PLAT APPLICATION
FAC12-0010
COMPLETION OF IMPROVEMENTS
The required improvements for the Final Plat of ALICIA GLENN have been completed
in accordance with the Land Division Ordinance and the City of Auburn's standards and
specifications.
`7h 6-J2-j-4�t
"/—dity ngAeer Date'
I/
SECURITY IN LIEU OF COMPLETION
In lieu of the required public improvements for the Final Plat of
an approved security (type of security)
for $ (150% of the estimated costs of improvements) has
been submitted and approved by the City Engineer.
City Engineer Date
1. The developer has provided references and demonstrated a minimum of 3 years
successful, non-defaulted plat development experience in the Puget Sound region.
2. The bond/security is based on the following costs:
Water $
Storm $
Street $
Sewer $
Traffic Signal $
Street Trees / Sod $
cc: File: FAC12-0010
Elizabeth Chamberlain, Planning Services Manager
Wayne Jones, Lakeridge Development LLC
ORD.0 Page 102 of 280
OFFICE OF THE HEARING EXAMINER
KING COUNTY, WASHINGTON
400 Yesler Way, Room 404
Seattle, Washington 98104
Telephone (206) 296 -4660
Facsimile (206) 296 -1654
Email: hearex(a.metrokc.gov
REPORT AND DECISION
Exhibit 5
May 15, 2007
SUBJECT: Department of Development and Environmental Services File No. L06P0003
Proposed Ordinance No. 2007 -0132
ALICIA GLENN
Preliminary Plat Application
Location: Northeast corner of the intersection of 124th Avenue Southeast and
Southeast 304th Street
Applicant: Cory Martin
Pacific West Development LLC
2201 Lind Avenue Southwest, Suite 150
Renton, Washington 98055
Telephone: (206) 650 -7544
King County: Department of Development and Environmental Services (DDES)
represented bly Kim Claussen
900 Oakesdale Avenue Southwest
Renton, Washington 98055
Telephone: (206) 296 -7167
Facsimile: (206) 296 -7051
SUMMARY OF RECOMMENDATIONS /DECISION:
Department's Preliminary Recommendation:
Department's Final Recommendation:
Examiner's Decision:
EXAMINER PROCEEDINGS:
Hearing Opened:
Hearing Closed:
Approve, subject to conditions
Approve, subject to conditions
Approve, subject to conditions
March 29, 2007
March 29, 2007
ORD.0 Page 103 of 280
L06P0003— Alicia Glenn
2
Participants at the public hearing and the exhibits offered and entered are listed in the attached minutes.
A verbatim recording of the hearing is available in the office of the King County Hearing Examiner.
FINDINGS, CONCLUSIONS & DECISION: Having reviewed the record in this matter, the Examiner
now makes and enters the following:
FINDINGS:
1. General Information:
Developer: Pacific West Development LLC
2201 Lind Ave SW, Suite 150
Renton, WA 98055
206 - 650 -7544
Engineer: Baima & Holmberg
100 Front Street South
Issaquah, WA 980
425- 392 -0250
STR:
4 -21 -05
Location:
The site is located at the northeast corner of the intersection of 124"' Ave
SE and SE 304"' St
Zoning:
R -4
Acreage:
5.76 acres
Number of Lots:
31
Density:
Approximately 5.38 units per acre
Lot Size:
Approximately 5,250 square feet
Proposed Use:
Single Family Detached Dwellings
Sewage Disposal:
City of Auburn
Water Supply:
City of Auburn
Fire District:
Lea Hill No. 44
School District:
Auburn School District No. 408
Application Completeness
Date: January 20, 2006
2. Except as modified herein, the facts set forth in the DDES reports to the Examiner and the DDES
and King County Department of Transportation (KCDOT) testimony are found to be correct and
are incorporated herein by reference.
3. The subject property is a rectangular parcel approximately 5.8 -six acres in area, located in the
northeast corner of the intersection of 124th Avenue Southeast and Southeast 304th Street. It lies
in the Lea Hill area on the fringes of the urbanizing area east and northeast of Auburn and east
and south of Kent.' Suburban -scale development is located to the north and east, while
undeveloped tracts and rural -scale residential homesites also lie in the area. The property is
located in the Olson Creek tributary area of the Lower Green River subbasin. The terrain
consists of a gradual slope to the west and southwest. No critical areas such as wetlands and
The City of Kent has annexed an area of land in the northwest corner of the intersection.
ORD.0 Page 104 of 280
L06P0003— Alicia Glenn
streams are found onsite, and the property is vegetated mostly with pasture grasses and some
trees, shrubs and groundcover. A single - family residence and outbuildings are located in the
central portions of the site, around which the area is mostly cleared.
4. Applicant Pacific West Development LLC proposes subdivision of the property into 31 lots for
detached single - family dwellings and additional tracts for recreation and drainage facilities.
Public road access would be provided by the extension of a new east -west public road from
124th Avenue Southeast in the northern portion of the property, which would terminate in a stub
on the eastern boundary (for possible future extension easterly) with a temporary cul -de -sac.
Branching south from the east -west road would be a permanent cul -de -sac extending southerly to
terminate in the south central portion of the site. Three private access tracts and /or joint use
driveways will also be used for some lot access. No direct vehicular access would be allowed to
the fronting roads, the King County Road Standards (KCRS) require that lot access be taken
from the most minor road frontage of a lot, which in this case will require that access be taken
from the internal roads and not from the external roads. The development will provide onsite
recreation areas and amenities in the east central portion of the property, which will be
convenient and accessible to all residents.
The proposed lot density would be approximately 5.38 dwelling units per acre, greater than the
density normally permitted under the assigned R -4 zoning, achieved by utilizing a transfer of
credits for nine lots under the county's Transfer of Development Rights (TDR) provisions
established in Chapter 21A.37 KCC.
6. Existing site drainage flows toward the southwest corner and discharges to a catch basin in the
northeast corner of the road intersection. The flow then runs west under 124th Avenue Southeast
in a crosspipe, then enters Olson Creek (aka Tributary 0061). Olson Creek runs northwest and
west from there to form a confluence with the Green River. The development's drainage plan
contemplates collection of most project runoff and directing it to a detention and water quality
facility located in a tract in the southwest corner of the site, it would be released under the
Surface Water Design Manual's Conservation flow control standard and follow the natural
discharge route to the west and to Olson Creek. The Conservation flow control standard
provides appropriate drainage impact mitigation for existing erosion problems downstream in the
Olson Creek Canyon.
7. Traffic impacts of the proposed development will be adequately mitigated under applicable
County code requirements and through the imposition of a mitigation measure under the
Mitigated Determination of Non- Significance (MDNS) (issued by DDES as the responsible
official pursuant to the State Environmental Policy Act (SEPA)). The development has been
granted a traffic Certificate of Concurrency under Chapter 14.70 KCC. The development is also
subject to the standard collection of MPS mitigation fee payments pursuant to Chapter 14.75
KCC, which apply to each dwelling unit. No intersection - standard Level of Service (LOS)
mitigation under Chapter 14.80 KCC is required, but the MDNS imposes mitigation for impacts
at a High Accident Location (HAL) affected by the development's traffic, at the state highway
SR -18 westbound /Southeast 304th Street on /off ramps, through the payment of an estimated
payment amount of a pro -rata share of $750 per lot to the Washington State Department of
Transportation (WSDOT). Vehicular sight distance at the project entry onto 124th Avenue
Southeast is more than adequate and exceeds KCRS requirements. Urban standard frontage
ORD.0 Page 105 of 280
L06P0003— Alicia Glenn
improvements will be installed along the property's road frontages; some may be installed under
an upcoming proposed County Capital Improvement Program Intersection improvement project.
The preponderance of the evidence in the record demonstrates that even though resident public
schoolchildren would likely be bused to their respective schools for the foreseeable future, the
schools are close enough that students may be required to walk upon development of the site or
sometime in the future. Depending on installation of the improvements required for the proposed
380 -lot Vel -dance subdivision (within the City of Kent to the west) (its frontage improvements and
signalized pedestrian crossings at the 118th Avenue Southeast /Southeast 304th Street
intersection and on 124 "' Avenue Southeast near Mountainview High School), safe walkway
conditions would be available for resident school pedestrians upon development of the subject
subdivision.
9. Chapter 16.82 KCC's tree retention requirements apply to the proposal. A detailed tree retention
plan must be submitted with the engineering plans for the subdivision construction.
CONCLUSIONS:
The proposed subdivision, as conditioned below, would conform to applicable land use controls.
In particular, the proposed type of development and overall density are specifically permitted
under the R -4 zone and the additional TDR allowances under Chapter 21A.37 KCC.
2. If approved subject to the conditions below, the proposed subdivision will make appropriate
provisions for the topical items enumerated within RCW 58.17.110, and will serve the public
health, safety and welfare, and the public use and interest.
The conditions for final plat approval set forth below are reasonable requirements and in the
public interest.
4. The dedications of land or easements within and adjacent to the proposed plat, as shown on the
revised preliminary plat submitted on November 6, 2006, or as required for final plat approval,
are reasonable and necessary as a direct result of the development of this proposed plat, and are
proportionate to the impacts of the development.
DECISION:
The preliminary plat of the Alicia Glenn subdivision, as revised and received November 6, 2006, is
approved subject to the following conditions of approval:
1. Compliance with all platting provisions of Title 19A of the King County Code.
2. All persons having an ownership interest in the subject property shall sign on the face of the final
plat a dedication that includes the language set forth in King County Council Motion No. 5952.
The plat shall comply with the minimum density requirements of the R -4 zone classification. All
lots shall meet the minimum dimensional requirements of the R -4 zone classification or shall be
ORD.0 Page 106 of 280
L06P0003— Alicia Glenn
shown on the face of the approved preliminary plat, whichever is larger, except that minor
revisions to the plat which do not result in substantial changes may be approved at the discretion
of the Department of Development and Environment Services.
The applicant shall provide a TDR certificate, updated density calculation worksheet and acreage
information with the submittal of the engineering plans and the final plat. If the TDR certificate
cannot be obtained and /or the density calculations cannot be verified, the applicant shall revise
the number of lots based upon the allowable maximum density. This will result in the loss of lots
and likely reconfiguration.
Any /all plat boundary discrepancies shall be resolved to the satisfaction of DDES prior to the
submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary
hiatus, an overlapping boundary or a physical appurtenance which indicates an encroachment,
lines of possession or a conflict of title.
4. All future residences constructed within this subdivision (except those constructed on Lots 1 and
2) are required to be sprinkled per NFPA 13D unless the requirement is removed by the King
County Fire Marshal or his /her designee. The Fire Code requires all portions of the exterior
walls of structures to be within 150 feet (as a person would walk via an approved route around
the building) from a minimum 20 -foot wide, unobstructed driving surface. To qualify for
removal of the sprinkler requirement driving surfaces between curbs must be a minimum of 28
feet in width when parking is allowed on one side of the roadway, and at least 36 feet in width
when parking is permitted on both sides. No on- street parking will be permitted in the cul -de-
sacs.
Additionally, the driving surface of Tracts C, D, and E shall have a minimum unobstructed width
of 20 feet (no parking permitted), or respective lots accessed via those tracts (Lots 8, 9, 10,15,
16,19 and 20) will have to be sprinkled.
Note: modifications /increases to the road widths may result in the reconfiguration and /or loss of
lots.
All construction and upgrading of public and private roads shall be done in accordance with the
King County Road Standards established and adopted by Ordinance No. 11187, as amended
(1993 KCRS).
6. The applicant shall obtain documentation by the King County Fire Protection Engineer certifying
compliance with the fire flow standards of Chapter 17.08 KCC.
7. Final plat approval shall require full compliance with the drainage provisions set forth in King
County Code 9.04. Compliance may result in reducing the number and /or location of lots as
shown on the approved preliminary plat. Preliminary review has identified the following
conditions of approval which represent portions of the drainage requirements. All other
applicable requirements in K.C.C. 9.04 and the 2005 King County Surface Water Design Manual
(SWDM) must also be satisfied during engineering and final review.
ORD.0 Page 107 of 280
L06P0003— Alicia Glenn
a. Drainage plans and analysis shall comply with the SWDM and applicable updates
adopted by King County. DDES approval of the drainage and roadway plans is required
prior to any construction.
b. Current standard plan notes and ESC notes, as established by DDES Engineering
Review, shall be shown on the engineering plans.
The following note shall be shown on the final recorded plat:
"All building downspouts, footing drains, and drains from all impervious surfaces such
as patios and driveways shall be connected to the permanent storm drain outlet as shown
on the approved construction drawings # on file with DDES and /or the King
County Department of Transportation. This plan shall be submitted with the application
of any building permit. All connections of the drains must be constructed and approved
prior to the final building inspection approval. For those lots that are designated for
individual lot infiltration systems, the systems shall be constructed at the time of the
building permit and shall comply with plans on file."
The stormwater facilities for this site shall be designed to meet at a minimum the Conservation
Flow Control and Basic Water Quality requirements in the SWDM.
9. To implement the required Best Management Practices (BMP's) for treatment of stormwater, the
final engineering plans and technical information report (TIR) shall clearly demonstrate
compliance with all applicable design standards. The requirements for best management
practices are outlined in Chapter 5 of the SWDM. The design engineer shall address the
applicable requirements on the final engineering plans and provide all necessary documents for
implementation. The final recorded plat shall include all required covenants, easements, notes,
and other details to implement the required BMP's for site development.
10. The following road improvements are required to be constructed according to the 1993 King
County Road Standards(KCRS):
a. Road A shall be improved at a minimum to the urban subcollector street standard, with a
temporary turnaround at the east end. A 25' right -of -way radius shall be dedicated at the
southeast corner of proposed Lot 24 and the northeast corner of proposed Lot 23.
b. Road B shall be improved at a minimum to the urban minor access street standard.
FRONTAGE: KCDOT CIP project 300205 for the SE 304"'St /124"' Ave SE intersection
is planned for advertisement in the Spring of 2007 and construction scheduled for
summer 2007. This project includes widening along both 124th Avenue SE and SE 304"'
Street fronting this subdivision and a new "modern compact" roundabout at the
intersection itself. Portions of the site frontage on 124"' Avenue SE will be constructed
with the CIP, leaving the northerly 300 feet (approximately) of the site frontage to be
constructed with the subdivision improvements.
If recording of this subdivision is proposed prior to start of the C.I.P.
construction, interim pavement and shoulder widening within CIP limits is
ORD.0 Page 108 of 280
L06P0003— Alicia Glenn
required along the subdivision frontages of both 124th Ave SE and along SE 304 'h
St. A minimum 22 foot width from centerline of both frontages is required, plus
a shoulder. An asphalt overlay is also required per Section 4.01 of the KCRS.
In addition, 124th Ave SE shall be improved north of the CIP construction limits
to the northerly subdivision boundary. These improvements shall be built to the
urban minor arterial standard and provide a 22 -foot width of paving east of the
construction centerline, with concrete curb, gutter and sidewalks and a roadway
illumination system. An asphalt overlay is also required per section 4.01 of the
KCRS outside the limits of the CIP.
Right -of -way dedication shall be consistent with the CIP `roundabout option' design,
together with a 42 -foot half - street right -of -way option along the remainder of the
subdivision boundaries on 124"' Avenue SE and SE 304"' Street.
ii. If recording of this subdivision occurs subsequent to the start of the CIP
construction, 124"' Avenue SE shall be improved north of the CIP
construction limits to the northerly subdivision boundary. These
improvements shall be built to the urban Minor Arterial standard and
provide 22 -feet of paving width east of the construction centerline of
124"' Avenue SE, concrete curb, gutter and sidewalks and a roadway
illumination system. An asphalt overlay is also required per Section
4.01 of the KCRS outside the construction limits of CIP 300205.
An additional twelve (12) feet of right -of -way width shall be dedicated along the
portions of SE 304"' Street and 124"' Avenue SE beyond the construction limits of CIP
300205.
The proposed joint use driveway and private access tracts shall comply at a minimum
with Sections 3.01 and 2.09 of the KCRS. These tracts shall be owned and maintained
by the lot owners served. Notes to this effect shall be shown on the engineering plans
and the final plat.
Modifications to the above road conditions may be considered according to the variance
provisions in Section 1.08 of the KCRS.
11. All utilities within proposed rights -of -way must be included within a franchise approved by the
King County Council prior to final plat recording.
12. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation
Payment System (MPS), by paying the required MPS fee and administration fee as determined by
the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at the
final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first
option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note
shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75,
Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid
shall be the amount in effect as of the date of building permit application.
ORD.0 Page 109 of 280
L06P0003— Alicia Glenn
13. Lots within this subdivision are subject to King County Code Chapter 21A.43, which imposes
impact fees to fund school system improvements needed to serve new development. As a
condition of final approval, fifty percent (50 %) of the impact fees due for the plat shall be
assessed and collected immediately prior to the recording, using the fee schedules in effect when
the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the
dwelling units in the plat and shall be collected prior to building permit issuance.
14. There shall be no direct vehicular access to or from 124 "' Ave SE or SE 304 'h St. from those lots
which abut it. A note to this effect shall appear on the engineering plans and the final plat.
15. Suitable recreation space shall be provided consistent with the requirements of K.C.C.
21A.14.180 and K.C.C. 21A. 14.190 (i.e., sport court[s], children's play equipment, picnic
table[s], benches, etc.).
a. A detailed recreation space plan (i.e., location, area calculations, dimensions, landscape
specs, equipment specs, etc.) shall be submitted for review and approval by DDES and
King County Parks prior to or concurrent with the submittal of engineering plans.
b. A performance bond for recreation space improvements shall be posted prior to
recording of the plat.
16. A homeowners' association or other workable organization shall be established to the satisfaction
of DDES which provides for the ownership and continued maintenance of the recreation tract.
17. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 2 IA. 16.050):
a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads.
Spacing may be modified to accommodate sight distance requirements for driveways and
intersections.
b. Trees shall be located within the street right -of -way and planted in accordance with
Drawing No. 5 -009 of the 1993 King County Road Standards, unless King County
Department of Transportation determines that trees should not be located in the street
right -of -way.
If King County determines that the required street trees should not be located within the
right -of -way, they shall be located no more than 20 feet from the street right -of -way line.
The trees shall be owned and maintained by the abutting lot owners or the homeowners
association or other workable organization unless the county has adopted a maintenance
program. Ownership and maintenance shall be noted on the face of the final recorded
plat.
The species of trees shall be approved by DDES if located within the right -of -way, and
shall not include poplar, cottonwood, soft maples, gum, any fruit- bearing trees, or any
other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is
not compatible with overhead utility lines.
ORD.0 Page 110 of 280
L06P0003— Alicia Glenn
The applicant shall submit a street tree plan and bond quantity sheet for review and
approval by DDES prior to engineering plan approval.
g. The applicant shall contact Metro Service Planning at (206) 684 -1622 to determine if
124 'h Ave NE and /or SE 304 'h St are on a bus route. If so, the street tree plan shall also
be reviewed by Metro.
h. The street trees must be installed and inspected, or a performance bond posted prior to
recording of the plat. If a performance bond is posted, the street trees must be installed
and inspected within one year of recording of the plat. At the time of inspection, if the
trees are found to be installed per the approved plan, a maintenance bond must be
submitted or the performance bond replaced with a maintenance bond, and held for one
year. After one year, the maintenance bond may be released after DDES has completed a
second inspection and determined that the trees have been kept healthy and thriving.
18. To implement K.C.C. Chapter 16.82 which applies to the site, a detailed tree retention plan shall
be submitted with the engineering plans for the subject plat. The tree retention plan and
engineering plans shall be consistent with the requirements of K.C.C. Chapter 16.82. Flagging
and temporary fencing of trees to be retained shall be provided, consistent with K.C.C. 16.82.
The placement of impervious surfaces, fill material, excavation work, or the storage of
construction materials is prohibited within the fenced areas around preserved trees, except for
grading work permitted pursuant to K.C.C. Chapter 16.82.
A note shall be placed on the final plat indicating that the trees shown to be retained on the tree
retention plan shall be maintained by the future owners of the proposed lots, consistent with
K.C.C. Chapter 16.82. (Note that the tree retention plan shall be included as part of the final
engineering plans for the subject plat.)
19. To mitigate the significant adverse impact the project will have at the High Accident Location
(HAL) at the SR 18 WB /SE 304 'h St. on /off ramps, the applicant shall pay a pro -rata share to
WSDOT PIN # 10188112G WIN # A01812G. The estimated amount of the pro -rata share is
$750 /lot. Evidence that payment of the pro -rata share to WSDOT has been made or that an
alternative financial agreement satisfactory to WSDOT has been executed by the applicant shall
be provided to DDES prior to recordation of the subdivision.
20. Should resident public schoolchildren be required to walk to any of their respective schools,
based on school district information and official policy current as of the time of final plat review,
and the proposed nearby Vei °dance subdivision development has not by then installed its intended
frontage and crossing improvements necessary for safe walking conditions for schoolchildren
who would reside in the subject Alicia Glenn subdivision, appropriate provisions for safe
pedestrian facilities shall be made along the most direct and legal route(s) between the site and
the respective school(s) to gain written certification by the King County Department of
Transportation (KCDOT), prior to final plat approval, that safe walking conditions will be in
place prior to occupancy of any new residence in the development.
ORD.0 Page 111 of 280
L06P0003— Alicia Glenn
ORDERED May 15, 2007.
Peter T. Donahue
King County Hearing Examiner
TRANSMITTED May 15, 2007 to the following parties and interested persons of record:
City of Auburn
Planning Dept.
25 W. Main St.
Auburn WA 98001 -4998
Pacific W. Development LLC
Cory Martin
2201 Lind Ave. SW, Ste. 150
Renton WA 98055
Michelle Wilson
P.O. Box 2279
Auburn WA 98071
Nick Gillen
DDES /LUSD
MS OAK -DE -0100
Steve Townsend
DDES /LUSD
MS OAK -DE -0100
Bruce Whittaker
DDES /LUSD
MS OAK -DE -0100
Shupe Holmberg
Baima & Holmberg
100 Front Street South
Issaquah WA 98027
Seattle KC Health Dept.
E. Dist. Environ. Health
14350 SE Eastgate Way
Bellevue WA 98007
Sheri & Robert Mertens
30239 - 127th Pl. SE
Auburn WA 98092
Scott & Tina Tenner
30027 - 125th Ct. SE
Auburn WA 98092
Kim Claussen Lisa Dinsmore
DDES /LUSD DDES /LUSD
MS OAK -DE -0100 MS OAK -DE -0100
Shirley Goll Kristen Langley
DDES /LUSD DDES /LUSD
MS OAK -DE -0100 MS OAK -DE -0100
Larry West Kelly Whiting
DDES /LUSD KC DOT, Rd. Srvcs. Div.
MS OAK -DE -0100 MS KSC -TR -0231
NOTICE OF RIGHT TO APPEAL
10
In order to appeal the decision of the Examiner, written notice of appeal must be filed with the Clerk of
the King County Council with a fee of $250.00 (check payable to King County Office of Finance) on or
before May 29, 2007. If a notice of appeal is filed, the original and six (6) copies of a written appeal
statement specifying the basis for the appeal and argument in support of the appeal must be filed with the
Clerk of the King County Council on or before June 5, 2007. Appeal statements may refer only to facts
contained in the hearing record, new facts may not be presented on appeal.
Filing requires actual delivery to the Office of the Clerk of the Council, Room 1025, King County
Courthouse, 516 3rd Avenue, Seattle, Washington 98104, prior to the close of business (4:30 p.m.) on the
date due. Prior mailing is not sufficient if actual receipt by the Clerk does not occur within the
applicable time period. The Examiner does not have authority to extend the time period unless the Office
ORD.0 Page 112 of 280
L06P0003— Alicia Glenn i i
of the Clerk is not open on the specified closing date, in which event delivery prior to the close of
business on the next business day is sufficient to meet the filing requirement.
If a written notice of appeal and filing fee are not filed within fourteen (14) calendar days of the date of
this report, or if a written appeal statement and argument are not filed within twenty -one (2 1) calendar
days of the date of this report, the decision of the hearing examiner contained herein shall be the final
decision of King County without the need for further action by the Council.
MINUTES OF THE MARCH 29, 2007, PUBLIC HEARING ON DEPARTMENT OF DEVELOPMENT
AND ENVIRONMENTAL SERVICES FILE NO. L061`0003.
Peter T. Donahue was the Hearing Examiner in this matter. Participating in the hearing were Kim
Claussen, Bruce Whittaker and Kristen Langley representing the Department, and Shupe Holmberg
representing the Applicant.
The following Exhibits were offered and entered into the record:
Exhibit No. 1
Department of Development and Environmental Services file no. L06P0003
Exhibit No. 2
Department of Development and Environmental Services Preliminary report dated
March 29, 2007
Exhibit No. 3
Application for Land Use Permit, received January 20, 2006
Exhibit No. 4
Environmental Checklist received January 20, 2006
Exhibit No. 5
SEPA Mitigated Determination of Non - significance issued February 16, 2007
Exhibit No. 6
Affidavit of Posting indicating a posting date of March 14, 2006, received by DDES on
March 15, 2006
Exhibit No. 7
Plat map received November 6, 2006 (revisions)
Exhibit No. 8
Level 1 Downstream Drainage Analysis by Baima & Holmberg dated January 17, 2006
Exhibit No. 9
Revised Level 1 Downstream Drainage Analysis dated 11/2/06 by Baima & Holmberg
Exhibit No. 10
Conceptual grading /drainage plan received Nov. 6, 2006 (revision)
Exhibit No. 11
Wetland /Stream Recon by Altmann Oliver Assoc. dated 10/6/06
Exhibit No. 12
Landscape Park Design received 11/6/06
Exhibit No. 13
SE 304 'hSt. /124th Ave SE ROW plans - annotated by Kris Langley KCDOT
PTD: gao
LL06P0003RPT
ORD.0 Page 113 of 280
,IIY01:
'A U, B UR . N
VVAS 11 I I N61"CI ,
Agenda Subject:
Ordinance No. 6523
Department:
Community Development &
Public Works
Attachments:
AGENDA BILL APPROVAL FORM
Exhibit 2 - Vicinity Map
Exhibit 3 - Final Plat Map
Exhibit x of z
z
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6523.
Background Summary:
Date:
July 16, 2014
Budget Impact:
$0
Schneider Homes, Inc. has made application for the Final Plat of "Wyncrest." This final
plat includes the creation of 24 lots, the dedication of public right -of -way, and seven
tracts.
The property is located on West Hill east of 64th Avenue South. Preliminary plat
approval was granted by the City's Hearing Examiner on August 1, 2011 as a single
phase to subdivide 8.60 acres into 24 single family lots, the dedication of public right -of-
way, and seven tracts. The plat has been developed in accordance with the R -5,
Residential 5 dwelling units /acre, zone as defined by Auburn City Code (ACC) Chapter
18.07, Title 17 Land Adjustments and Division, and the conditions of the preliminary
plat.
A Certificate of Improvements has been issued by the City Engineer. The applicant has
provided a security in lieu of completion for the outstanding improvements which
includes the top lift of asphalt, monument installation, and emergency vehicle access
construction (the emergency vehicle access is triggered at the 24th building permit).
Reviewed by Council Committees:
Other: Legal
Councilmember: Holman Staff: Snyder
Meeting Date: July 21, 2014 Item r: ORD.D
ORD.D AUBURN * MORE THAN YOU IMAGINED Page 114 of 280
ORD.D AUBURN * MORE THAN YOU IMAGINED Page 115 of 280
ORDINANCE NO. 6 5 2 3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE FINAL PLAT OF WYNCREST
WHEREAS, the City of Auburn received a final plat application for the Plat
of Wyncrest, Application No. PLT14 -0004, the final approval of which is
appropriate for City Council Action; and
WHEREAS, the Preliminary Plat for this plat was approved by City's
Hearing Examiner on August 1, 2011 with identified conditions and requirements;
and
WHEREAS, based on the review given this Plat by the City, the City
Council hereby makes and enters the following:
FINDINGS OF FACT
1. Schneider Homes, Inc. has made application for the Final Plat of
"Wyncrest ".
2. The preliminary plat (PLT10 -0010 City File) was approved by the City's
Hearing Examiner on August 1, 2011 as a single phase.
3. The preliminary plat of "Wyncrest" has been developed in accordance with
all applicable conditions of the preliminary plat.
4. A Certificate of Improvements has been issued by the City Engineer. The
applicant has provided a security in lieu of completion for the outstanding
improvements which includes the top lift of asphalt, monument installation,
and emergency vehicle access construction.
5. The final plat includes one publicly dedicated tract, Tract E, for the storm
drainage facility.
CONCLUSIONS OF LAW
1. The Final Plat is in compliance and in conformity with applicable Zoning
and Land Division Ordinances and other applicable land use controls.
--------------- -
Ordinance fro. 6523
July 14, 2014
ORDP 1 of 1
Page 116 of 280
2. The Plat is consistent with the Comprehensive Plan.
3. The Plat meets the requirements of Chapter 58.17 RCW.
WHEREAS, insofar as the plat meets the requirements of applicable codes
and plans, and the conditions and requirements of the preliminary plat, it is
incumbent on the City Council to approved the final plat, as no new conditions or
requirements can be added at this point.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Approval. Wyncrest, a subdivision involving property
located within the City of Auburn, Washington, which plat is legally described on
Sheet 1 of 5 of the Final Plat and set forth below:
PARCEL.A:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE W.M. IN
KING COUNTY, WASHINGTON;
EXCEPT THE NORTH 98 FEET OF THE WEST 230 FEET THEREOF;
AND EXCEPT THE WEST 30 FEET LYING SOUTH OF SAID NORTH 98
FEET;
AND EXCEPT THE EAST 15 FEET THEREOF.
PARCEL B:
LOT 1, KING COUNTY SHORT PLAT NO. 283065, ACCORDING TO
PLAT RECORDED JANUARY 4, 1984 UNDER RECORDING NO.
8401040734, IN KING COUNTY, WASHINGTON; AND
LOTS 3 AND 4, TOGETHER WITH AN UNDIVIDED INTEREST IN
TRACT X, KING COUNTY SHORT PLAT NO. 283065, ACCORDING TO
PLAT RECORDED JANUARY 4, 1984 UNDER. RECORDING NO.
8401040734, IN KING COUNTY, WASHINGTON.
PARCEL C:
THE WEST 15 FEET OF THE FOLLOWING:
THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
Ordinance No. 6523
July 14, 2014
ORD.1 Apo 2 of 2
Page 117 of 280
SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE W.M. IN
KING COUNTY, WASHINGTON;
AND
THE EAST 15 FEET OF THE FOLLOWING:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE W.M. IN
KING COUNTY, WASHINGTON.
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.
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
approved and ratified irrespective of the fact that any 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 King County Auditor's
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.
--------------- -
Ordinance No. 6523
July 14, 2014
ORDF �ge 3 of 3
Page 118 of 280
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.
ATTEST:
Danielle E. Daskarh,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid;
City Attorney
Published:
----------------
Ordinance No. 6523
July 14, 2014
ORDPI3ge 4 of 4
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
NANCY BACKUS
MAYOR
Page 119 of 280
Exhibit 2
ORD.D Page 120 of 280
WYNCREST
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER,
SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.,
CITY OF AUBURN, KING COUNTY, 'WASHINGTON
LEGAL DESCRIPTION:
PARCEL A:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, IN KING COUNTY, WASHNGTON;
EXCEPT THE NORTH 98 FEET OF THE WEST 230 FEET THEREOF;
AND EXCEPT ME WEST 30 FEET LUNG SOUTH OF SAID NORTH 98 FEET;
AND EXCEPT THE EAST 15 FEET THEREOF
PARCEL B:
LOT 1, KING COUNTY SHORT PLAT NO. 283085, ACCORDING TO PLAT RECORDED JANUARY 4, 1854 UNDER
RECORDING NO 8401040734, IN KING COUNTY, WASHINGTON; AND
LOTS 3 AND 4, TOGETHER WITH AN UNDIVIDED INTEREST IN TRACT X, KING COUNTY SHORT PLAT NO 283065,
ACCORDING TO PLAT RECORDED JANUARY 4, 1984 UNDER RECORDING NO. 8401040734, IN KING COUNTY,
WASHINGTON.
PARCEL. C:
THE WEST 15 FEET OF THE FOLLOWING.
THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST OUARTER OF THE SOUTHEAST QUARTER OF
SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON;
AND
THE EAST 15 OF THE FOLLOWING:
THE NORM HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M„ IN KING COUNTY, WASHINGTON.
DEDICATION:
KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY
SUBDIVIDED, HEREBY DECLARE THIS PLAT TO RE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY,
AND DO HEREBY DEDCATE TO THE USE OF THE PUBLIC FOREVER, ALL STREETS AND AVENUES NOT SHOWN AS
PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE
THEREOF FOR PUBLIC HIGHWAY PURPOSES, AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND
FIL1S UPON THE LOTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES,
AND FURTHER DEDICATE TO THE USE OF ME PUBLIC ALL EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL
PUBLIC PURPOSES AS INDICATED THEREOF. INCLUDING BUT NOT LIMITED TO PARKS, OPEN SPACES, UTILITIES AND
DRAINAGE UNLESS SUCH EASEMENTS OR RACTS ARE SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED
OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC, IN WHICH CASE WE DO HEREBY DEDICATE SUCH
STREETS, EASEMENTS, OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATEO.
FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, WAIVE FOR THEMSELVES, THEIR HEIRS AND
ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR
DAMAGES AGAINST THE CIT' OF AUBURN, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE
ESTABLISHMENT, CONSTRUCTION. OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS WITHIN THIS SUBDIVISION
OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF AUBURN
FURHER, ME UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, AGREE FOR THEMSELVES, THOR HEIRS
AND ASSIGNS TO INDEMNIFY AND HOLD THE CITY OF AUBURN, ITS SUCCESSORS AND ASSIGNS, HARMLESS FROM
ANY DAMAGE, INCLUDING THE COSTS OF DEFENSE, CLAIMED BY PERSONS WITHIN OR WITHOUT THIS SUBDIVISION TU
HAVE BEEN CAUSED BY ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE, OR SURFACE OR
SUB SURFACE WATER A OWS WITHIN THIS SUBDIVISION OR BY ESTABLISHMENT, CONSTRUCTION OR MAINTENANCE OF
THE ROADS WITHIN THIS SUSDVSION PROVIDED, THIS WAIVER AND INDEMNIFICATION SHALL NOT BE CONSTRUED AS
RELEASING THE CITY OF AUBURN, ITS SUCCESSORS OR ASSIGNS, FROM LIABIUTY FOR DAMAGES, INCLUDING THE
COST OF DEFENSE, RESULTING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY OF AUBURN, ITS
SUCCESSORS OR ASSIGNS.
THIS SUBDIVISION, DEDICATION, WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH ME FREE
CONSENT AND IN ACCORDANCE 'WITH ME DESIRES OF SAID OWNERS
IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS.
SCHNEIDER HOMES INC. UMPQUA BANK,
AN OREGON STATE – CHARTERED BANK
BY:HARRY SCHNEIDER BY:
ITS: PRESIDENT ITS
ACKNOWLEDGMENTS:
STATE OF WASHNGTON )
) 55
COUNTY OF )
I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT HARRY J. SCHNEIDER SIGNED THIS
INSTRUMENT ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND
ACKNOWLEDGED IT AS THE PRESIDENT OF SCHNEIDER HOMES, INC TO BE THE FREE AND VOLUNTARY ACT
OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THIS INSTRUMENT.
Exhibit 3
APPROVALS:
FINANCE DIRECTOR'S CERTIFCAIE
I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS FOR WHICH THE PROPERTY SUBJECT
TO THIS MAY BE LIABLE TO, AND THAT ALL SPECIAL ASSESSMENTS ON ANY PROPERTY HEREIN CONTAINED
DEDICATED AS, OR FOR ANY OTHER PUBLIC USE HAVE BEEN DULY PAID. SATISFIED OR DISCHARGED
THIS_._ —DAY OF___– 20__
AUBURN DIRECTOR OF FINANCE
CITY ENGINEERS CERTIFICATE
I HEREBY CERTIFY THAT THIS IS IN COMPLIANCE WITH THE CERTIFICATE OF ISSUED PURSUANT TO ACC 1714.015,
AND IS CONSSTENT WITH ALL APPLICABLE CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON ME
DATE OF PREUMINARY PLAT APPROVAL.,
THIS___DAY OF___ 20—
AUBURN CITY ENGINEER
COMMUNITY DEVELOPMENT SERVICES CERTIFICATE
I HEREBY CERTIFY ON THIS _, DAY O 2014, THAT THIS FINAL PLAT IS IN SUBSTANTIAL
CONFORMANCE WITH THE PRELIMINARY PLAT AND ANY CONDITIONS ATTACHED THERETO, WHICH PRELIMINARY PLAT
WAS APPROVED Br __ ON THE _ DAY OF ____ 20_
ASSISTANT DIRECTOR �«
APPROVAL
EXAMINED AND APPROVED THIS _._. DRY OF 20__. PURSUANT TO ORDINANCE NUMBER
ADOPTED BY THE AUBURN COUNCIL ON THE DAY OF 20._
___—___ —__ ATTEST.
MAYOR DEPUTY
FINANCE DIVISION CERTIFICATE
I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID. THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS
CERTIFIED TO THIS OFFICE FOR COLLECTION, AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR
COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED DEDICATED AS , OR FOR OTHER PUBLIC USE ARE PAID
IN FULL THIS _ DAY OF _.,_–, 20__
MANAGER FINANCE DIVISION —{ �A DEPUTY
ASSESSOR °S APPROVAL
EXAMINED AND APPROVED THIS , DAY OF 20__
KING COUNTY ASSESSOR DEPUTY COUNTY ASSESSOR
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THE PLAI OF WYNCREST IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF
SECTION 2, TOWNSHIP 21 NORM, RANGE 4 EAST, W.M., AS REQUIRED BY STATE STATUTES; THAT THE DISTANCES,
COURSES AN)j ANGLES ARE SH4M THEREON CORRECTLY; THAT THE MONUMENTS SHALL BE SET AND LOT AND
BLOCK CORNERS SHALL R£ STAKED CORRECTLY ON THE GROUND, AND THAT I HAVE FULLY COMPLIED WITH THE
PROV?ON .POF Tj STAIJ -1AND LOCAL STATUTES AND REGULATIONS GOVERNING PLATTING.
LA
STEPHEN J SCHREI, P OFESSIONAL LAND SURVEYOR DATE
CERTIFICATE NO. 37555
D.R. STROMa CONSULTING ENGINEERS
620 7TH AVENUE
KIRKL,AND, WASHNGTON 98033
PHONE (425) 827 -3063
NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON
RECORDING CERTIFICATE
RESUNG AT
FLED FOR RECORD AT THE REQUEST OF SCHNEIDER HOMES THIS __ DAY OF
2D__ ,
PRINTED NAME
AT __ MINUTES PAST __._M. AND RECORDED IN VOLUME ___
OF PLATS, PAGES)
COMMISSION EXPIRES ._ —`_
AFN _ RECORDS OF KING COUNTY, WASHINGTON
STAID OF WASHINGTON
SS
MANAGER SUPERINTENDENT OF RECORDS
COUNTY OF _.,, )
I DER T7 FY THAT 1 KNOW OR HAVE SATISFACTORY EVIDENCE THAT
SIGNED THIS INSTRUMENT ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND
ACKNOWLEDGED IT AS THE - -__._. „_____ —_ OF UMPQUA BANK,AN OREGON STATE – CHARTERED
BANK TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN
THIS INSTRUMENT.
1� SI'
A�
e'ff�+'
II ILL /)j!j
M
NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON
'
��
D. R. STRONG
RES'�TOING AT
E 375p5 e
PRINTED NAME
L yAND
ENGINEERS P( MIXERS SURVEYORS
_„– _�._,.,_
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520 ]T}IAVENUE KJRKtANO. WA98039
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O ETV OF AUBURN FILE NO. PLT 14 -0004 Page 121 of 280
JOB NO. 10067
WYNCREST
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, SHEET 2
SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.,
CITY OF AUBURN, KING COUNTY, WASHINGTON
HOMEOWNERS ASSOCIATION COVENANT NOTES/RESTRICTIONS
THE OWNERS OF LOTS 1 THROUGH 24 INCLUSIVE ARE RESPONSIBLE FOR PROVIDING THAT THE WYNCREST 1. IF AT THE TIME THE NUMBER OF LOTS ACCESSING THE PUBLIC RIGHT OF WAY WITHIN 'HIS PLAT REACHES 24
HOMEOWNERS ASSOCIATION CONTINUES TO BE A VIABLE AND FUNCTIONING LEGAL ENTITY. SAID HOMEOWNERS AND A SECOND RIGHT OF WAY ACCESS TO 64TH AVENUE S. HAS NOT BEEN DEVELOPED, PRIOR TO THE ISSUANCE
ASSOCIATION SHALL OWN AND MAINTAIN THE TRACTS AND EASEMENTS AS INDICATED AND CONVEYED HEREIN, OF THE 24TH BUILDING PERMIT THE DEVELOPER WALL COMPLETE THE IMPROVEMENTS OF THE 20 FOOT EMERGENCY
UNLESS OTHERWISE APPROVED BY THE CITY OF AUBURN OR ITS SUCCESSOR AGENCY. THIS COVENANT SHALL RUN VEHICLE ACCESS EASEMENT IN ACCORDANCE WITH CITY OF AUBURN STANDARDS.
WTI] THE LAND AND SHALL BE ENDING UPON THE OWNERS OF LOTS 1 THROUGH 24 NCLUSIVE. THEIR HEIRS,
SUCCESSORS AND ASSIGNS. SHOULD THE WYNCREST HOMEOWNERS ASSOCIATION BE DISSOLVED OR OTHERWISE 2. IN ACCORDANCE WITH RCW 5517.255 IT IS HEREBY NOTED THAT A DRIVEWAY ENCROACHMENT EXISTED AT THE
CEASE TO FUNCTION, OWNERSHIP OF LOTS 1 THROUGH 24, INCLUSIVE WILL INCLUDE AN EQUAL AND UNDIVIDED TIME OF DEVELOPMENT IN THE AREA OF TRACT C. THE DRIVEWAY WAS APPURTENANT TO THE EAST ADJOINING
INTEREST IN TRACTS A, B AND D, TOGETHER WITH AN EQUAL RESPONSIBILITY FOR THE MAINTENANCE PROPERTY, PARCEL NUMBER 0221049152. THIS ENCROACHMENT SHALL BE DISCLOSED IN ANY TITLE REPORT
RESPONSITOU TIES FOR SAID TRACTS. PREPARED BY A TITLE INSURER AND IS ISSUED AFTER THE FILING OF THIS PLAT. TO FACILITATE THE CONTINUED
ACCESS TO THE PUBLIC RIGHT OF WAY SAID TRACT WILL BE CONVEYED BY SEPARATE CONVEYANCE
TRACT NOTES
1 TRACTS A. BAND D ARE SENSITIVE AREA. TRACTS AND ARE HEREBY CONVEYED TO THE WYNCREST HOMEOWNERS
ASSOCIATION UPON THE RECORDING OF THIS PLAT SAID HOMEOWNERS ASSOCIATION IS HEREBY RESPONSIBLE FOR
THE MAINTENANCE ASSOCIATED WITH SAID TRACTS. THE WYNCREST HOMEOWNERS ASSOCIATION WILL ALLOW THE
CITY OF AUBURN TO ENTER UPON SAID TRACTS A. B AND D N CONNECTION WITH MONITORING, MAINTAINING,
PRESERVING AND ENHANCING THE ON -SITE WETLANDS AND SLOPES, AND THE ASSOCIATED BUFFER AREAS.
2 TRACT C IS A PRIVATE ACCESS TRACT TO BE RETAINED BY THE DEVELOPER FOR FUTURE CONVEYANCE TO THE
ADJOINING PROPERTY OWNER BY SEPARATE CONVEYANCE FOLLOWNG THE RECORDING OF THIS PLAT THE WYNCREST
HOMEOWNERS ASSOCIATION IS HEREBY RESPONSIBLE FOR THE MAINTENANCE ASSOCIATED WITH SAID TRACT UNTIL
SAN FUTURE CONVEYANCE IS EXECUTED.
3. TRACT E IS A PUBLIC STORM DRAINAGE TRACT AND IS CONVEYED TO THE CITY OF AUBURN OR ITS SUCCESSOR
AGENCY FOR PUBLIC DRAINAGE PURPOSES UPON THE RECORDING OF THIS PLAT.
4 TRACT F IS A PRIVATE PARK TRACT ME IS HEREBY CONVEYED TO THE WYNCREST HOMEOWNERS ASSOCIATION
UPON THE RECORDING OF THIS PLAT. SAID HOMEOWNERS ASSOCIATION 15 HEREBY RESPONSIBLE FOR THE
MAINTENANCE ASSOCIATED WITH SAID TRACT.
5. TRACT G IS A FUTURE DEVELOPMENT TRACT AND IS RETANED BY THE DEVELOPER FOR FUTURE DEVELOPMENT
SAID DEVELOPER IS HEREBY RESPONSIBLE FOR THE MAINTENANCE ASSOCIATED WITH SAID TRACT, THE TRACT G
AREA WAS ACQUIRED BY KING COUNTY SUPERIOR COURT JUDGEMENT COURT CASE NUMBER 14-2- 00575 -0 KNIT
FIELD MAY 12, 2014.
PRIVATE DRAINAGE EASEMENT COVENANT
THE OWNERS OF PRIVATE PROPERTY WTIHIN THIS PLAT ENCUMBERED WITH DRAINAGE EASEMENTS SHOWN AS
'PRIVATE" HEREBY GRANT AND CONVEY TO THE CITY OF AUBURN, A POLITICAL SUBDIVISION OF THE STATE OF
WASHINGTON, THE RIGHT BUT NOT THE OBLIGATION TO CONVEY OR STORE STORM AND SURFACE WATER PER THE
ENGINEERING PLANS APPROVED FOR THIS PLAT BY THE CITY OF AUBURN, TOGETHER WITH THE RIGHT OF
REASONABLE ACCESS ACCESS AND EGRESS) -10 ENTER SAID DRAINAGE EASEMENT FOR THE PURPOSE OF
OBSERVING THAT THE OWNERS) ARE PROPERLY OPERATING AND MAINTAINING THE DRAINAGE FACILITIES CONTAINED
THEREIN
TINE OWNERS OF SAID PRIVATE PROPERTY ARE RESPONSIBLE FOR OPERATING, MAINTAINING, AND REPAIRING THE
DRAINAGE FACILITIES CONTAINED WTHIN SAID DRAINAGE EASEMENT AND ARE HEREBY REQUIRED TO OBTAIN ANY
REQUIRED PERMITS FROM THE 'CITY OF AUBURN PRIOR TO FILLING, PIPING, CUTTING OR REMOVING VEGETATION
(ExCEPT FOR ROUTINE LANDSCAPE MAINTENANCE SUCH AS LAWN MOWING) IN OPEN VEGETATED DRAINAGE
FACILITIES (SUCH AS $WALES, CHANNELS, DITCHES PONDS ETC.) OR PERFORMING ANY ALTERATIONS OR
MODIFICATIONS TO THE DRAINAGE FACILITIES CONTAINED WITHIN SAID DRAINAGE EASEMENT.
THIS COVENANT SHALL RUN WITH THE LAND AND IS BINDING UPON THE OWNER(S) OF SAID PRIVATE PROPERTY,
THEIR HEIRS, SUCCESSORS AND ASSIGNS.
EASEMENT PROVISIONS
1 A PRIVATE EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOUND ENERGY COMPANY, LAKEHAVEN
UTILITY DISTRICT, CENTURY LINK, COMCAST AND ANY OTHER PRIVATE UTILITY, AND THEIR RESPECTIVE SUCCESSORS
AND ASSIGNS, UNDER AND UPON THE EXTERIOR 10 FEET OF ALL LOTS AND TRACTS, PARALLEL WITH AND
ADJOWNG THE EXISTING OR PROPOSED PUBLIC RIGHT -OF -WAY, IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW,
OPERATE AND MAINTAIN UNDERGROUND DISTRIBUTION SYSTEMS WITH NECESSARY FACILITIES. SIDEWALKS AND OTHER
EQUIPMENT FOR THE PURPOSE OF SERVING WI
G THIS SUBSION AND OTHER PROPERTY TH UTILITY SERVICES AND
SIDEWALKS, TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSE HEREIN
STATED. NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT, OR FOR TELEPHONE USE, CABLE
TELEVISION, FIRE OR POLICE SIGNAL OR FOR OTHER PURPOSES, SHALL BE PLACED OR HE PERMITTED TO BE
PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING.
3. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 3 AND 4 IS FOR THE BENEFIT OF LOTS 2,
3 AND 5 FOR PRIVATE STORM DRAINAGE FACILTIZ& THE OWNERS OF SAID LOTS 2, 3. 4 AND 5 ARE HEREBY
RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE
EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN
SAID EASEMENT.
3. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOTS 19 AND 20 IS FOR THE BENEFIT OF LOTS
20 AND 21 FOR PRIVATE STORM DRAINAGE FACIUTIES. THE OWNERS OF SAID LOTS 19, 20 AND 21 ARE HEREBY
RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACdUTIES AND SHALL SHARE
EQUALLY IN THE THE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN
SAID EASEMENT.
4. THE 10 FOOT PRIVATE_ STORM DRAINAGE EASEMENT SHOWN ON LOTS 23 AND 24 IS FOR THE BENEFT OF LOTS
22 AND 23 FOR PRIVATE STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOTS 22, 23 AND 24 ARE HEREBY
RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE
EOU ALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN
SAID EASEMENT.
5. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOT 9 IS FOR THE BENEFIT OF LOT 5 FOR
PRIVATE STORM DRAINAGE FACILITIES THE OWNERS OF SAID LOTS 8 AND 9 ARE HEREBY RESPONSIBLE FOR THE
MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN 114E
MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT.
6. FEE TO FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOT 10 IS FOR THE BENEFIT OF LOT 11 FOR
PRVATE STORM DRAINAGE FACILITIES, THE OWNERS OF SAID LOTS 10 AND 11 ARE HEREBY RESPONSIBLE FOR THE
MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE
MANTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT
7. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOT 14 IS FOR THE BENEFIT OF LOT 15 FOR
PRIVATE STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOTS 14 AND 15 ARE HERENY RESPONSIBLE FOR THE
MAINTENANCE OF THEIR RESPECTIVE PRVAT€ DRAINAGE FACILITIES AND SHALL SHARE EQUALLY IN THE
MAINTENANCE RESPONSIBILITIES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT.
LITHE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT SHOWN ON LOT 18 IS FOR THE BENEFIT OF LOT 17 FOR
PRIVATE STORM DRAINAGE FACILITIES. THE OWNERS OF SAID LOTS 17 AND 18 ARE HEREDY RESPONSIBLE FOR THE
MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE FACILCDES AMC SMALL SHARE EQUALLY IN THE
MAINTENANCE RESPON5,31 ITES OF THE PRIVATE DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT.
9. TIE PRIVATE ENTRY SIGN EASEMENT SHOWN ON LOT 1 IS HEREBY RESERVED FOR AND GRANTED TO THE
WYNCREST HOMEOWNERS ASSOCIATION, SAID HOMEOWNERS ASSOCIATION 15 HEREBY RESPONSIBLE FOR THE
MAINTENANCE OF THE ENTRY SIGN FACILITIES "TWIN SAID EASEMENT
10. THE 5 FOOT PUBLIC PEDESTRIAN ACCESS EASETMENT SHOWN ON LOT 18 IS HEREBY RESERVED FOR AND
GRANTED TO THE CITY OF AUBURN FOR PUBLIC PEDESTRIAN ACCESS PURPOSES. THE WYNCREST HOMEOWNERS
ASSOCIATION IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF TITHE PUBLIC PEDESTRIAN ACCESS FACILITIES
WTMN SAID EASEMENT
CGI60 OF AUBURN FILE NO. PLT 14 --0004 Page 122 of 280
3. THE ROAD AND STORM DRAINAGE SYSTEMS SHALL BE CONSTRUCTED ACCORDING TO THE APPROVED PLAN AND
PROFILE PLAN NO. FAC11 -0004 ON FILE WITH THE CITY OF AUBURN. ANY DEVIATION FROM THE APPROVED PLAN
WILL REQUIRE WRITTEN APPROVAL FROM THE CITY,
4. IN CONJUNCTION WITH OR UPON COMPLETION OF RESIDENTIAL BUILDING CONSTRUCTION, BFSF MANAGEMENT
PRACTICE (BMP) C126. TOPSODUNG REQUIREMENTS PER THE SURFACE WATER MANAGEMENT MANUAL (SWMM), SHALT-
BE INCORPORATED WITH LANDSCAPE PLANTINGS IN PERVIOUS AREAS OF EACH INDIVIDUAL LOT.
5. PRIOR TO BUILDING CONSTRUCTION ON ALL LOTS, TEMPORARY EROSION RAID SEDIMENTATION CONTROL MEASURES,
PER THE CONSTRUCTION STORM WATER POLLUTION PREVENTION PLAN (CSWPPP) WILL BE CONSTRUCTED AND
MAINTAINED THROUGH FINAL LOT STABILIZATION. PRIOR TO FINAL BUILDING INSPECTION FOR THE STRUCTURE(S) ON
ALL LOTS, ROOF DRAIN DOWNSPOUTS, FOOTING DRAINS, AND ALL LANDSCAPED AREAS NOT DESIGNATED FOR SHEEI
FLOW TO THE ADJACENT SENSITIVE AREAS, OR ALLOWED TO BE TREATED ONSITE, SHALL BE TIGHTLINED TO THE
PUBLIC ROADWAY DRAINAGE SYSTEM AND SHALL BE INSPECTED BY CITY OF AUBURN FOR COMPLIANCE WITH THE
CSWPPP PRIOR FINAL APPROVAL.
6. THE DEPARTMENT OF ECOLOGY CONSTRUCTION STORMWATER GENERAL PERMIT 15 LINKED TO THE PROJECT SITE.
ANY TRANSFER OF OWNERSHIP, PARTTAL OR COMPLETE, REQUIRES A TRANSFER OF COVERAGE THROUGH THE
DEPARTIMENT OF ECOLOGY AND IS APPLICABLE UNTIL COMPLETE PROJECT FINALIZATION.
RESTRICTIONS FOR SENSITIVE AREA
TRACTS AND SENSITIVE AREAS AND BUFFERS
DEDICATION OF A SENSTIVE AREA TRACT/SENSITTVE AREA AND BUFFER CONVEYS TO THE PUBLIC A BENEFICIAL
INTEREST IN THE LAND WITHIN THE SENSITIVE AREA TRACT/SENSITIVE AREA AND BUFFER. THIS INTEREST INCLUDES
THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND
WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, AND
PROTECTION OF PLANT AND ANIMAL HABITAT.
THE SENSITIVE AREA TRACT /SENSITIVE AREA AND BUFFER IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND
OCCUPIERS OF THE LAND SUBJECT TO THE TRACT /SENSITIVE AREA AND BUFFER THE OBLIGATION, ENFORCEABLE ON
BEHALF OF THE PUBLIC BY THE CITY OF AUBURN, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION
WITHIN THE TRACT/SENSTVE AREA AND BUFFER THE VEGETATION WITHIN THE TRACT /SENSITIVE AREA AND BUFFER
MAY NOT BE CUT, PRUNFJ3, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE
CITY OF AUBURN OR ITS SUCCESSOR AGENCY, UNLESS OTHERWISE PROVIDED BY LAW
HE COMMON BOUNDARY BETWEEN THE TRACT /SENSITIVE AREA AND BUFFER AND THE AREA OF DEVELOPMENT
ACT.VITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF AUBURN PRIOR TO ANY
CLEARING, GRADING BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY ON A LOT SUBJECT TO THE
SENSITIVE AREA TRACT /SENSITIVE AREA AND BUFFER THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN
PLACE UNTIL ALL DEVELOPMENT PROPOSAL ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA ARE COMPLETED.
NO BUILDING FOUNDATIONS ARE AL.0 VED BEYOND THE REQUIRED 15 -FOOT BUILDING SETBACK LINE, UNLESS
OTHERWISE PROVIDED BY LAW.
CITY OF AUBURN EASEMENT PROVISION
ALL PUBLIC WATER, SANITARY SEWER AND STORM DRAINAGE EASEMENTS AS SHOWN ARE HEREBY GRANTED AND
CONVEYED TO THE CITY OF AUBURN, A MUNICIPAL CORPORATION OF KING COUNTY, WASHINGTON, ITS SUCCESSORS
AND ASSIGNS, A PERPETUAL NONEXCLUSIVE EASEMENT UNDER, OVER, THROUGH AND ACROSS THE REAL PROPERTY
AS DESCRIBED HEREIN FOR TEL PURPOSE OF LAYING. MAINTAINING. INSTALLING, AND CONVEYING WATER AND
SANITARY SEWER, AND APPURTENANCES THEREOF, AND LAYING, MAINTAINING INSTALLING, CONVEYING, STORING,
MANAGING, AND FACILITATING STORM AND SURFACE WATER, PER THE ENGINEERING PLANS APPROVED BY THE CITY
OF AUBURN FOR THIS PLAT, TOGETHER WITH THE ABSOLUTE RIGHT, AT ALL TIMES AS NECESSARY FOR IMMEDIATE
ACCESS (INGRESS AND EGRESS), TO ENTER SAID EASEMENT FOR THE PURPOSE OF INSPECTING, OPERATING,
MAINTAINING, REPAIRING, RECONSTRUCTING, AND IMPROVING THE WATER, SANITARY SEWER AND STORM DRAINAGE
FACILITIES CONTAINED THEREIN WITHOUT INCURRING ANY LEGAL OBLIGATION OR LIABILITY THEREFORE,
THE CITY OF AUBURN SHALL HAVE THE ABSOLUTE RIGHT TO PLACE ANY TYPE OF DRIVING SURFACE WITHIN SAID
EASEMENT AREA DEEMED NECESSARY BY THE CITY OF AUBURN
THE OWNERS OF SAID PRIVATE PROPERTY SHALL NOT IN ANY WAY BLOCK, RESTRICT OR IMPEDE ACCESS EGRESS
TO OR FROM SAID EASEMENT AREA, AND /OR N ANY WAY BLOCK, RESTRICT OR IMPEDE FULL USE OF THE REAL
PROPERTY THE ABOVE DESCRIBED EASZME34T AREA BY THE CITY OF AUBURN FOR THE ABOVE DESCRIBED
PURPOSE$. NO BUILDING, WALL ROCKERY, PENCE, TREES, OR STRUCTURE OF ANY KIND SHALL BE ERECTED OR
PLANTED, NOR SHALL ANY FILL MATERIAL BE PLACED WITHIN THE BOUNDARIES OF SAID EASEMENT AREA, WITHOUT
THE EXPRESS WRITTEN CONSENT OF THE CITY OF AUBURN. WITH CITY OF AUBURN PERMISSION, THE OWNERS OF
SAID PRIVATE PROPERTY MAY FENCE ACROSS SAID EASEMENT AREA AND /OR ALONG THE BOUNDARIES OF SAID
EASEMENT AREA, PROVIDED THAT A GATE IS CONSTRUCTED IN SAID FENCE. SAID GATE SHALL BE OF SUFFICIENT
LENGTH AND LOCATION TO ALLOW THE GRANTEE FULL USE OF, AND ACCESS AND EGRESS TO AND FROM THE REAL
PROPERTY WITHIN THE EASEMENT AREA. IF SAID GATE IS TO BE LOCKED, KEYS SHALL BE PROVIDED TO THE CITY
OF AUBURN,
NO EXCAVATION SHALL BE MADE WITHIN THREE (3) FEET OF SAID WATER, SANITARY SEWER AND STORM DRAINAGE
FACILITIES AND THE SURFACE LEVEL OF THE GROUND WITHIN THE EASEMENT AREA SHALL BE MAINTAINED AT THE
ELEVATIONS AS CURRENT Y EXISTING.
THE OWNERS OF SAID PRIVATE PROPERTY GRANTS TO THE CITY OF AUBURN THE RIGHT OF INGRESS AND EGRESS
TO THE EASEMENT AREA OVER AND ACROSS ALL PAVED, GRAVELED, OR OTHERWSE IMPROVED DRIVEWAYS OR
PARKING LOTS WTHdN THE PARENT PARCEL. IF DIRECT ACCESS TO THE EASEMENT AREA IS NOT AVAILABLE FROM
SUM DRIVEWAYS OR PARKING LOTS, THE CITY OF AUBURN'S RIGHT OF INGRESS AND EGRESS SHALL INCLUDE SUCH
OTHER AREAS OF THE PARENT PARCEL AS THE CITY OF AUBURN DETERMINES ARE NECESSARY TO ACCESS THE
EASEMENT AREA MGM SUCH DRIVEWAYS AND PARKING LOTS OR FROM THE PARENT PARCELS BOUNDARIES IN THE
CASE OF ANY DAMAGE OR DISRUPTION OF THE PARENT PARCEL, THE CITY OF AUBURN SHALL RETURN THE
PROPERTY TO A CONDITION REASONABLY COMPARABLE TO ITS CONDITION AS IT EXISTED IMMEDIATELY BEFORE
ENTRY AND /OR WORK WAS MADE THEREON BY THE CITY OF AUBURN OR ITS AGENTS,
THE OWNERS OF SAID PRIVATE PROPERTY ADDITIONALLY GRANTS TO THE CITY OF AUBURN, THE USE OF SUCH
ADDITIONAL AREA IMMEDIATELY ADJACENT TO SAID EASEMENT AREA AS SHALL BE REQUIRED FOR THE
CONSTRUCTION, RECONSTRUCTION, MAINTENANCE AND OPERATION OF SAID WATER, SANITARY SEWER AND STORM
DRAINAGE FACILITIES. THE USE OF SUCH ADDITIONAL AREA SHALL BE HELD TO REASONABLE MINIMUM AND IN THE
CASE OF ANY DAMAGE OR DISRUPTION OF THE PARENT PARCEL, THE CITY OF AUBURN SHALL RETURN THE
PROPERTY TO A CONDITION REASONABLY COMPARABLE TO ITS CONDITION AS IT EXISTED IMMEDIATELY BEFORE
ENTRY AND /OR WORK WAS MADE :HEREON BY THE CITY OF AUBURN OR ITS AGENTS IN ADDITION TO THE OTHER
RESTRICTIONS HEREIN, THE OWNERS OF SAID PRIVATE PROPERTY SHALL NOT CONVEY TO A THIRD PARTY ANY
EASEMENT OR OTHER RIGHT OF THE EASEMENT AREA
THIS EASEMENT AND COVENANT SHALL RUN WITH THE PARENT PARCEL AND IS BINDING ON THE OWNERS OF SAID
PR'VATE PROPERTY, HFIR HEIRS, SUCCESSORS AND ASSIGNS
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CCMSUL7WG ENGINEERS
ENGINEERS PLANNERS SURVEYORS
EM NTH A—E KIRKLAND, WA 88033
04_xv 73= F4E,5 2423
wroTVA/stm'19 —
JOB NO. 10067
WYNCREST
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER,
SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.,
CITY OF AUBURN, KING COUNTY, 'WASHINGTON
3 2 N6954'3o'w
1 Y 2604.05'
`— MONUMENT NOT
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�C)CATION PER REF 2
N Q I -", 1 1
GRAPHIC SCALE
0 100' 2.00' 400'
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1 INCH = 200 FT
BASIS OF BEARINGS
N0P53'05"E BETWEEN THE MONUMENTS FOUND IN
PLACE AT THE SOUTHEAST SECTION CORNER AM THE
EAST QUARTER CORNER OF SECTION 2 -21 -4
SURVEYOR'S NOTE
1. ALL TITLE INFORMATION SHOWN ON THIS MAP HAS
BEEN EXTRACTED FROM FIRST AMERICAN TIRE
INSURANCE COMPANY SUBDIVISION GUARANTEE SEVENTH
REPORT ORDER NUMBER 2002472 DATED JUNE 6, 2014
AND SUPPLEMENTAL REPORTS NUMBERS I AND 2
THERETO DATED JUNE 18, 2014 AND JUNE 27, 2014
RESPECTIVELY, IN PREPARING THIS MAP, D.R STRONG
CONSULTING ENGINEERS INC. HAS CONDUCTED NO
INDEPENDENT TITLE SEARCH NOR IS D.R STRONG
CONSULTING ENGINEERS INC. AWARE OF ANY TITLE
ISSUES AFFECTING THE SURVEYED PROPERTY OTHER
THAN THOSE SHOWN ON THE MAP AND DISCLOSED BY
REFERENCED FIRST AMERICAN TITLE INSURANCE
COMPANY GUARANTEE. D.R. STRONG CONSULTING
ENGINEERS INC. HAS RELIED WHOLLY ON FIRST
AMERICAN TITLE COMPANY REPRESENTATIONS OF THE
TITLE'S CONDITION TO PREPARE THIS SURVEY AND
THEREFOR D.R STRONG GONSUI.TING ENGINEERS INC.
QUALIFIES THE MAP'S ACCURACY AND COMPLETENESS
TO RHAT EXTENT.
Z ALL SURVEY CONTROL INDICATED AS "FOUND' WAS
RECOVERED FOR THIS PROJECT IN MARCH, 2005.
3 PROPERTY AREA - 384,456± SQUARE FEET
(8.82593 ACRFS).
C ALL DISTANCES ARE IN FEET.
5 THIS IS A FIELD TRAVERSE SURVEY A LEICA FIVE
SECOND COMBINED ELECTRONIC TOTAL STATION WAS
USED TO MEASURE THE ANGULAR AND DISTANCE
RELATIONSHIPS BETWEEN THE CONTROLLING
MONUMENTATION AS SHOWN, CLOSURE RATIOS OF THE
TRAVERSE MET OR EXCEEDED THOSE SPECIFIED IN WAC
332 -130 -090. ALL MEASURNG INSTRUMENTS AND
EQUIPMENT ARE MAINTAINED IN ADJUSTMENT
ACCORDING TO MANUFACTURER'S SPECIFICATIONS
REFERENCES
1. KING COUNTY SHORT PLAT NUMBER 283065,
RECORDED UNDER RECORDING NUMBER 8401040734
2. THE PLAT OF BRISTOL HEIGHTS RECORDED IN
VOLUME '46 OF PLATS, PAGES 44 THROUGH 46,
UNDER RECORDING NUMBER 8906270743.
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1298.41 ^ —
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FOUND 6" CONCRETE -J
MONUMENT WITH COPPER PLUG
STAMPED "X"
` —FOUND 4" CONCRETE MONUMENT WITH
2" BRASS DISK AND SCRIBED "X" IN
MONUMENT CASE
I
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FOUND 4" CONCRETE MONUMENT WTH
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CORNER
CORNER
/—FOUND
COPPER PLUG.
6503 S. 29 TH PLACE
_ _1300.62
1 T
930063
N$958'35 "E
TITLE RESTRICTIONS
I THIS SITE IS SUBJECT TO FACILITY CHARGES, IF ANY, INCLUDING BUT NOT LIMITED TO HOOK —UP, OR
CONNECTION CHARGES AND LATECOMER CHARGES FOR SEWER, WATER AND PUBUC FACILITIES OF
FEDERAL WAY AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 8905120210
2, THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT FOR PASS AND RE —PASS
AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 909952 THE LEGAL DESCRIPTION
CONTAINED WITHIN SAID INSTRUMENT IS INSUFFICIENT TO DETERMINE THE EASEMENTS EXACT LOCATION
WITHIN THIS SITE
3. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT TO PUGET SOUND POWER
AND LIGHT COMPANY FOR ELECTRICAL TRANSMISSION LINE FACILITIES AS CONDEMNED N KING COUNTY
SUPERIOR COURT CAUSE NUMBER 50-2- 18784 -1 AND IS SHOWN HEREON.
+ 4. THIS SITE IS SUBJECT TO ANY AMID ALL OFFERS OF DEDICATION, CONDITIONS, RESTRICTIONS,
EASEMENTS, FENCE UNE/BOUNOARY DISCREPANCIES, NOTES AND /OR PROVISIONS AS SHOWN OR
DISCLOSED BY THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 8401040734
5. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED
"AGREEMENT" AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 20120216002348.
6. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT IN FAVOR OF PUGET SOUND
ENERGY, INC FOR AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION SYSTEM AS DISCLOSED BY
INSTRUMENT RECORDED UNDER RECORDING NUMBER 20130425000378
7 THIS SITE �S SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT IN FAVOR IN FAVOR OF
CITY OF THE OTY OF AUBURN FOR A TEMPORARY EMERGENCY VEHICLE ACCESS AND FIRE ACCESS AS
DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 2CI30MBOU1023
CQTib OF AUBURN FILE NO. PLT 14 -0004
123 of 280
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CITY OF AUBURN STREET ADDRESS
LOT NO.
ADDRESS
LOT NO.
ADDRESS
1
6401 S. 299TH STREET
IS
29904 65TH AVENUE S.
2
5415 S. 299TH STREET
14
6503 S. 29 TH PLACE
3
6429 5 299TH STREET
15
"17 & 298TIl PLAgE
6443 S. 299TH STREET
16
29842 65TH AVENUE S
5
6457 S. 299TH STREET
17
29828 65TH AVENUE
fi
29935 65TH AVENUE S
18
29814 65TH AVENUE 5.
3
1 29949 65TH A NUE .
19
9817 65TH AVENU S.
8
29974 35TH AVENUE S.
0
29 31 6 TH AVEN E S.
0 65TH AVENUE S,
21
4 65TH AVENUE S
10
6 TH A E S.
22
29859 65TH S.
11
29932 65TH AVENUE S.
23
29 73 65TH AVENUE S.
12
29 I, , TM AVENUE S.
24
29887 65TH AVENUE S.
rt TITLE NOTE
THE SHORT PLAT RECORDED UNDER RECORDING
NUMBER 840'040734 PRODUCES A NATIVE
GROWTH PROTECTION EASEMENT AND BUiLD'NG
SETBACK LINE AND ARE SHOWN ON SHEET 5
HEREIN. UPON THE APPROVAL BY THE CITY OF
AUBURN AND THE RECORDING OF THIS PLAT
SAID NATIVE GROWTH PROTECTION EASEMENT
AND BUILDING SETBACK LINE ARE HEREBY
RELINQUISHED AND SUPERSEDED BY THE STEEP
SLOPE BUFFER AND CITY OF AUBURN BUILDING
SETBACK LINE AS SHOWN ON SHEET 5.
N J.
C¢'I
j
D.R. STRONG
CONSU47WG ENGINEERS
1�+`ALsLAiRJ
ENGINEERS RLANNFRS SURUG'YORS
6207TNAUFNUE KIRKGAND, W4 MI33
O4T5.82] 3 F425SC72423
wswv1 --v-
JOB NO. 10067
WYNCREST
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER,
SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.,
CITY OF AUBURN, KING COUNTY, WASHINGTON
N. LINE, SW
N04 °2 i°
I 853'
D,
2,
S. 2987H PL. s
I I
'jam -FOUND 4' CONCRETE MONUMENT
WITH 2" BRASS DISK AND SCRIBED
"V EN IN MONUMENT CASE 0.2'S. X
0.1'OF CALCULATED PLgT TRACT E
INTERSECTION PUBLIC STORM
\1 DRAINAGE
362783 S.F.
SEE TRACT NOTE
N0, 3, SHEET 2
13
f N85'22'46 "W 1487'16'4
A 15.11 N86'Q8'42 °E 7454
ui 144.21'
R= 19.$0'
( d= 91'03'56"
1 =31.99'
VOL. /PAGE
SHEET 4 OF 5
UNPLATTED
NE. 174, SE 1/4. SEC 2 -21 -4 1489'S8'45°E 433.62' - --
7' 4'HWF 23 .66' 2 . 0' ( 1 2V.00
FENCE
SS PROP THE 25' 25'
a� 10960* SF. I �I I 1&
h
a I
19.00'
N89'04'09 "W
10.10
7' ISDE
190.Sk'
E P 3,
20 SHEET 2 of I
f 98584 S.F. I Q I 17
F=- a
-321' 167.97' v5
21 loso' x---
�`�'• 7932* S F. I I
o qV gI
TRACT D k >. �- BELOw_TAIL
SENSITIVE AREA 70. 10.53' 9
343312k S.F.
\ SEE TRACT NOTE 19 08,
N0. 1, SHEET 2
------------------
to
m u S. 299TH ST. {'
28153'
24 e
1E' LITILI`V
EASEMENT (TYP'
R =16.50'
1 � e 4- 88'56'04" c
L= 30.27' 2
`3o
_ - 66861 S.F.
25
C 8107* S.F.
_ I
62.44 50.00'
°z tl ,.� N8952'C
28 I i
P X
e 55.00' 2.32' 54.73'
10' P5DE J j A= 03'07' 1.
SEE E 2. L =23.6
SHEET _ a /�- -. 10 PUBLIC
o STORM
n OFAINACE
3 0 $ 4 Nj EASEMENT
72781 SF 0 6001* SF _ 5J
E
� �I 6777* SF
d =gL 1746 1448'16'3` "E --,' I J m1
21 62' ' w
A-21 10.8 4' \ _ ?3j bg '
R 6
25.00' 7`lOg, o
6=)16'07'33° N' 66•
=50.67 6184' f
51.]8'
TRACT A -
SENSITIVE AREA
76D53 S.F.
SEE TRACT NOTE
140. 1, SNEET 7
LOT 2
�m KING COUNTY SHORT PLAT m
NO. 2B3065,
REC. NO. 8401040734 yt
27 v
1 I 30' I
TE1rw 11111 EM_RGEN11 VE- IICA'_ AIC133 R =25.00' -�
ESM'T RE' NO "e0130916001GL3 (ST x79'24'47"
NOTE i /PESTRICTIONS 1 SHEET 2) L °34.85'
' 30 01 2. LWE
1 S. LM1E NE. I /4, SE. 1/4 SEC. 2 -21 -4
` UNPLATTED
FOUND 4" CONCRETE
p MONUMENT PATH 2' BRASS
DISK AND SCRIBED "X" IN
MONUMENT CASE
OINffD OF AUBURN FILE NO. PLT 14 -0004
r >n 21
N89'p4'09"W
0.87' 919.08'
TRACT D w
22
DETAIL
NOT 6ggA,1124 of 280
? 10' JTILI'1
FASEMENT TYP) Z
m 22 ° 1 298TH PL. °
-
w11 �
y, 111.42' N89.04'09'W n =
108.76' vi Q
10 PSD-
23 SEE E.= 4. of Im 2S
N 6297* S.F SHEET 2 n1
2 .7 05' 1489'04'09 "W 1
LU
1^ 122.68' 4.10' 14 W
R =9.90' N
Al 24 (p943440"
b 83923 5 I l.0 25' m 25' yd
L =14.88' I 1
e I I rn
8=13 °2D'pT L � a
I C
26.61• I � ry I
R =460. W' ( ]3'20_'07"
=197.06'
11.25' ;k 76°4$ 13 "W(R) I
n 61.97• 10.3 13
",
3•J
12
6 m zs
W 85941 S.F. A e ®°�-
E V ®F',
GRAPHIC SCALE_
Q
62711 SF 4/ Y-., 1 INCH = 40 FT
d 021916' e { / BASIS OF BEARINGS:
/ N00'5 BETWEEN THE SOUTHEAST O TS
NS�S23g, i b 1D € PT
SECTION IN CORNER AM EAST
QUARTER CORNER OF SLCNON 2 -21 -4
�'° LEGEND°
TRACT F
b
PARK - ry i�d FOUND MONUMENT AS NOTED
7561* S.F }' A ti /
°¢ aSEc TRACT NOTE /Wry 2� 1 SET STANDARD CITY OF AUBURN
°m 140, 4, SHEET 2 7 / �" MONUMENT WFRi BRASS DISK STAMPED
/ 9 "ORS 37555" IN MONUMENT CASE.
F
{'• / Q FOUND CORNER MONUMENI AS AS
% NOTED
4
� � • SET 5/8" X 24" REBAR WITH PLPSIIC
CAP STAMPED "DRS 37555"
ry ro�
2 \ SET TACK AND LEAD R.S BRASS
WASHER STAMPED "U.R.S 37585" ON
' D9 PROPERTY LINE EXTENDED 10.75' IN
LEAD OF CORNERS UNLESS OTHERWISE
PIP; / 6 NOTED.
' P PSUE PRIVATE STORM DRANAGE EASEMENT
�S•
EP EASEMENT PRONSON
3615' 34.20' HWF HOG WIRE. FENCE
N89"52'6YE
SIC
crI
EZA rq �� 0.R. STRONGO
CaVSULTpMG ENGIMEERS
ww EN INEERS PLANNERS .StMVF-
6207Th'ARCIIE IORKLRNO, WA 88033
0 425 827 3063 E425-827.2423
P-d -P.
SOB NO, 10067
200.03'
FOUND 1 -1/4" IRON PIPET
0.3'5 X 0.4'E. OF PROP, '
01'S. X 0.4'£.
UNPLATTED !
!m'+
FOUND 7/2 REBAR WITH F
FOUND 1 -1/4" IRON PIPE z
`DEI 18SD9', 0.3'S. X O.8'E. OF C
0,3'S, X 0.4 E OF PROP. �
15 N
03'5. X 0.8'E \
N895B'45$ 200.03° 1L
4'HWF 0.01'
VOL. /PAGE
SHEET 4 OF 5
UNPLATTED
NE. 174, SE 1/4. SEC 2 -21 -4 1489'S8'45°E 433.62' - --
7' 4'HWF 23 .66' 2 . 0' ( 1 2V.00
FENCE
SS PROP THE 25' 25'
a� 10960* SF. I �I I 1&
h
a I
19.00'
N89'04'09 "W
10.10
7' ISDE
190.Sk'
E P 3,
20 SHEET 2 of I
f 98584 S.F. I Q I 17
F=- a
-321' 167.97' v5
21 loso' x---
�`�'• 7932* S F. I I
o qV gI
TRACT D k >. �- BELOw_TAIL
SENSITIVE AREA 70. 10.53' 9
343312k S.F.
\ SEE TRACT NOTE 19 08,
N0. 1, SHEET 2
------------------
to
m u S. 299TH ST. {'
28153'
24 e
1E' LITILI`V
EASEMENT (TYP'
R =16.50'
1 � e 4- 88'56'04" c
L= 30.27' 2
`3o
_ - 66861 S.F.
25
C 8107* S.F.
_ I
62.44 50.00'
°z tl ,.� N8952'C
28 I i
P X
e 55.00' 2.32' 54.73'
10' P5DE J j A= 03'07' 1.
SEE E 2. L =23.6
SHEET _ a /�- -. 10 PUBLIC
o STORM
n OFAINACE
3 0 $ 4 Nj EASEMENT
72781 SF 0 6001* SF _ 5J
E
� �I 6777* SF
d =gL 1746 1448'16'3` "E --,' I J m1
21 62' ' w
A-21 10.8 4' \ _ ?3j bg '
R 6
25.00' 7`lOg, o
6=)16'07'33° N' 66•
=50.67 6184' f
51.]8'
TRACT A -
SENSITIVE AREA
76D53 S.F.
SEE TRACT NOTE
140. 1, SNEET 7
LOT 2
�m KING COUNTY SHORT PLAT m
NO. 2B3065,
REC. NO. 8401040734 yt
27 v
1 I 30' I
TE1rw 11111 EM_RGEN11 VE- IICA'_ AIC133 R =25.00' -�
ESM'T RE' NO "e0130916001GL3 (ST x79'24'47"
NOTE i /PESTRICTIONS 1 SHEET 2) L °34.85'
' 30 01 2. LWE
1 S. LM1E NE. I /4, SE. 1/4 SEC. 2 -21 -4
` UNPLATTED
FOUND 4" CONCRETE
p MONUMENT PATH 2' BRASS
DISK AND SCRIBED "X" IN
MONUMENT CASE
OINffD OF AUBURN FILE NO. PLT 14 -0004
r >n 21
N89'p4'09"W
0.87' 919.08'
TRACT D w
22
DETAIL
NOT 6ggA,1124 of 280
? 10' JTILI'1
FASEMENT TYP) Z
m 22 ° 1 298TH PL. °
-
w11 �
y, 111.42' N89.04'09'W n =
108.76' vi Q
10 PSD-
23 SEE E.= 4. of Im 2S
N 6297* S.F SHEET 2 n1
2 .7 05' 1489'04'09 "W 1
LU
1^ 122.68' 4.10' 14 W
R =9.90' N
Al 24 (p943440"
b 83923 5 I l.0 25' m 25' yd
L =14.88' I 1
e I I rn
8=13 °2D'pT L � a
I C
26.61• I � ry I
R =460. W' ( ]3'20_'07"
=197.06'
11.25' ;k 76°4$ 13 "W(R) I
n 61.97• 10.3 13
",
3•J
12
6 m zs
W 85941 S.F. A e ®°�-
E V ®F',
GRAPHIC SCALE_
Q
62711 SF 4/ Y-., 1 INCH = 40 FT
d 021916' e { / BASIS OF BEARINGS:
/ N00'5 BETWEEN THE SOUTHEAST O TS
NS�S23g, i b 1D € PT
SECTION IN CORNER AM EAST
QUARTER CORNER OF SLCNON 2 -21 -4
�'° LEGEND°
TRACT F
b
PARK - ry i�d FOUND MONUMENT AS NOTED
7561* S.F }' A ti /
°¢ aSEc TRACT NOTE /Wry 2� 1 SET STANDARD CITY OF AUBURN
°m 140, 4, SHEET 2 7 / �" MONUMENT WFRi BRASS DISK STAMPED
/ 9 "ORS 37555" IN MONUMENT CASE.
F
{'• / Q FOUND CORNER MONUMENI AS AS
% NOTED
4
� � • SET 5/8" X 24" REBAR WITH PLPSIIC
CAP STAMPED "DRS 37555"
ry ro�
2 \ SET TACK AND LEAD R.S BRASS
WASHER STAMPED "U.R.S 37585" ON
' D9 PROPERTY LINE EXTENDED 10.75' IN
LEAD OF CORNERS UNLESS OTHERWISE
PIP; / 6 NOTED.
' P PSUE PRIVATE STORM DRANAGE EASEMENT
�S•
EP EASEMENT PRONSON
3615' 34.20' HWF HOG WIRE. FENCE
N89"52'6YE
SIC
crI
EZA rq �� 0.R. STRONGO
CaVSULTpMG ENGIMEERS
ww EN INEERS PLANNERS .StMVF-
6207Th'ARCIIE IORKLRNO, WA 88033
0 425 827 3063 E425-827.2423
P-d -P.
SOB NO, 10067
------------------
to
m u S. 299TH ST. {'
28153'
24 e
1E' LITILI`V
EASEMENT (TYP'
R =16.50'
1 � e 4- 88'56'04" c
L= 30.27' 2
`3o
_ - 66861 S.F.
25
C 8107* S.F.
_ I
62.44 50.00'
°z tl ,.� N8952'C
28 I i
P X
e 55.00' 2.32' 54.73'
10' P5DE J j A= 03'07' 1.
SEE E 2. L =23.6
SHEET _ a /�- -. 10 PUBLIC
o STORM
n OFAINACE
3 0 $ 4 Nj EASEMENT
72781 SF 0 6001* SF _ 5J
E
� �I 6777* SF
d =gL 1746 1448'16'3` "E --,' I J m1
21 62' ' w
A-21 10.8 4' \ _ ?3j bg '
R 6
25.00' 7`lOg, o
6=)16'07'33° N' 66•
=50.67 6184' f
51.]8'
TRACT A -
SENSITIVE AREA
76D53 S.F.
SEE TRACT NOTE
140. 1, SNEET 7
LOT 2
�m KING COUNTY SHORT PLAT m
NO. 2B3065,
REC. NO. 8401040734 yt
27 v
1 I 30' I
TE1rw 11111 EM_RGEN11 VE- IICA'_ AIC133 R =25.00' -�
ESM'T RE' NO "e0130916001GL3 (ST x79'24'47"
NOTE i /PESTRICTIONS 1 SHEET 2) L °34.85'
' 30 01 2. LWE
1 S. LM1E NE. I /4, SE. 1/4 SEC. 2 -21 -4
` UNPLATTED
FOUND 4" CONCRETE
p MONUMENT PATH 2' BRASS
DISK AND SCRIBED "X" IN
MONUMENT CASE
OINffD OF AUBURN FILE NO. PLT 14 -0004
r >n 21
N89'p4'09"W
0.87' 919.08'
TRACT D w
22
DETAIL
NOT 6ggA,1124 of 280
? 10' JTILI'1
FASEMENT TYP) Z
m 22 ° 1 298TH PL. °
-
w11 �
y, 111.42' N89.04'09'W n =
108.76' vi Q
10 PSD-
23 SEE E.= 4. of Im 2S
N 6297* S.F SHEET 2 n1
2 .7 05' 1489'04'09 "W 1
LU
1^ 122.68' 4.10' 14 W
R =9.90' N
Al 24 (p943440"
b 83923 5 I l.0 25' m 25' yd
L =14.88' I 1
e I I rn
8=13 °2D'pT L � a
I C
26.61• I � ry I
R =460. W' ( ]3'20_'07"
=197.06'
11.25' ;k 76°4$ 13 "W(R) I
n 61.97• 10.3 13
",
3•J
12
6 m zs
W 85941 S.F. A e ®°�-
E V ®F',
GRAPHIC SCALE_
Q
62711 SF 4/ Y-., 1 INCH = 40 FT
d 021916' e { / BASIS OF BEARINGS:
/ N00'5 BETWEEN THE SOUTHEAST O TS
NS�S23g, i b 1D € PT
SECTION IN CORNER AM EAST
QUARTER CORNER OF SLCNON 2 -21 -4
�'° LEGEND°
TRACT F
b
PARK - ry i�d FOUND MONUMENT AS NOTED
7561* S.F }' A ti /
°¢ aSEc TRACT NOTE /Wry 2� 1 SET STANDARD CITY OF AUBURN
°m 140, 4, SHEET 2 7 / �" MONUMENT WFRi BRASS DISK STAMPED
/ 9 "ORS 37555" IN MONUMENT CASE.
F
{'• / Q FOUND CORNER MONUMENI AS AS
% NOTED
4
� � • SET 5/8" X 24" REBAR WITH PLPSIIC
CAP STAMPED "DRS 37555"
ry ro�
2 \ SET TACK AND LEAD R.S BRASS
WASHER STAMPED "U.R.S 37585" ON
' D9 PROPERTY LINE EXTENDED 10.75' IN
LEAD OF CORNERS UNLESS OTHERWISE
PIP; / 6 NOTED.
' P PSUE PRIVATE STORM DRANAGE EASEMENT
�S•
EP EASEMENT PRONSON
3615' 34.20' HWF HOG WIRE. FENCE
N89"52'6YE
SIC
crI
EZA rq �� 0.R. STRONGO
CaVSULTpMG ENGIMEERS
ww EN INEERS PLANNERS .StMVF-
6207Th'ARCIIE IORKLRNO, WA 88033
0 425 827 3063 E425-827.2423
P-d -P.
SOB NO, 10067
P X
e 55.00' 2.32' 54.73'
10' P5DE J j A= 03'07' 1.
SEE E 2. L =23.6
SHEET _ a /�- -. 10 PUBLIC
o STORM
n OFAINACE
3 0 $ 4 Nj EASEMENT
72781 SF 0 6001* SF _ 5J
E
� �I 6777* SF
d =gL 1746 1448'16'3` "E --,' I J m1
21 62' ' w
A-21 10.8 4' \ _ ?3j bg '
R 6
25.00' 7`lOg, o
6=)16'07'33° N' 66•
=50.67 6184' f
51.]8'
TRACT A -
SENSITIVE AREA
76D53 S.F.
SEE TRACT NOTE
140. 1, SNEET 7
LOT 2
�m KING COUNTY SHORT PLAT m
NO. 2B3065,
REC. NO. 8401040734 yt
27 v
1 I 30' I
TE1rw 11111 EM_RGEN11 VE- IICA'_ AIC133 R =25.00' -�
ESM'T RE' NO "e0130916001GL3 (ST x79'24'47"
NOTE i /PESTRICTIONS 1 SHEET 2) L °34.85'
' 30 01 2. LWE
1 S. LM1E NE. I /4, SE. 1/4 SEC. 2 -21 -4
` UNPLATTED
FOUND 4" CONCRETE
p MONUMENT PATH 2' BRASS
DISK AND SCRIBED "X" IN
MONUMENT CASE
OINffD OF AUBURN FILE NO. PLT 14 -0004
r >n 21
N89'p4'09"W
0.87' 919.08'
TRACT D w
22
DETAIL
NOT 6ggA,1124 of 280
? 10' JTILI'1
FASEMENT TYP) Z
m 22 ° 1 298TH PL. °
-
w11 �
y, 111.42' N89.04'09'W n =
108.76' vi Q
10 PSD-
23 SEE E.= 4. of Im 2S
N 6297* S.F SHEET 2 n1
2 .7 05' 1489'04'09 "W 1
LU
1^ 122.68' 4.10' 14 W
R =9.90' N
Al 24 (p943440"
b 83923 5 I l.0 25' m 25' yd
L =14.88' I 1
e I I rn
8=13 °2D'pT L � a
I C
26.61• I � ry I
R =460. W' ( ]3'20_'07"
=197.06'
11.25' ;k 76°4$ 13 "W(R) I
n 61.97• 10.3 13
",
3•J
12
6 m zs
W 85941 S.F. A e ®°�-
E V ®F',
GRAPHIC SCALE_
Q
62711 SF 4/ Y-., 1 INCH = 40 FT
d 021916' e { / BASIS OF BEARINGS:
/ N00'5 BETWEEN THE SOUTHEAST O TS
NS�S23g, i b 1D € PT
SECTION IN CORNER AM EAST
QUARTER CORNER OF SLCNON 2 -21 -4
�'° LEGEND°
TRACT F
b
PARK - ry i�d FOUND MONUMENT AS NOTED
7561* S.F }' A ti /
°¢ aSEc TRACT NOTE /Wry 2� 1 SET STANDARD CITY OF AUBURN
°m 140, 4, SHEET 2 7 / �" MONUMENT WFRi BRASS DISK STAMPED
/ 9 "ORS 37555" IN MONUMENT CASE.
F
{'• / Q FOUND CORNER MONUMENI AS AS
% NOTED
4
� � • SET 5/8" X 24" REBAR WITH PLPSIIC
CAP STAMPED "DRS 37555"
ry ro�
2 \ SET TACK AND LEAD R.S BRASS
WASHER STAMPED "U.R.S 37585" ON
' D9 PROPERTY LINE EXTENDED 10.75' IN
LEAD OF CORNERS UNLESS OTHERWISE
PIP; / 6 NOTED.
' P PSUE PRIVATE STORM DRANAGE EASEMENT
�S•
EP EASEMENT PRONSON
3615' 34.20' HWF HOG WIRE. FENCE
N89"52'6YE
SIC
crI
EZA rq �� 0.R. STRONGO
CaVSULTpMG ENGIMEERS
ww EN INEERS PLANNERS .StMVF-
6207Th'ARCIIE IORKLRNO, WA 88033
0 425 827 3063 E425-827.2423
P-d -P.
SOB NO, 10067
TRACT A -
SENSITIVE AREA
76D53 S.F.
SEE TRACT NOTE
140. 1, SNEET 7
LOT 2
�m KING COUNTY SHORT PLAT m
NO. 2B3065,
REC. NO. 8401040734 yt
27 v
1 I 30' I
TE1rw 11111 EM_RGEN11 VE- IICA'_ AIC133 R =25.00' -�
ESM'T RE' NO "e0130916001GL3 (ST x79'24'47"
NOTE i /PESTRICTIONS 1 SHEET 2) L °34.85'
' 30 01 2. LWE
1 S. LM1E NE. I /4, SE. 1/4 SEC. 2 -21 -4
` UNPLATTED
FOUND 4" CONCRETE
p MONUMENT PATH 2' BRASS
DISK AND SCRIBED "X" IN
MONUMENT CASE
OINffD OF AUBURN FILE NO. PLT 14 -0004
r >n 21
N89'p4'09"W
0.87' 919.08'
TRACT D w
22
DETAIL
NOT 6ggA,1124 of 280
? 10' JTILI'1
FASEMENT TYP) Z
m 22 ° 1 298TH PL. °
-
w11 �
y, 111.42' N89.04'09'W n =
108.76' vi Q
10 PSD-
23 SEE E.= 4. of Im 2S
N 6297* S.F SHEET 2 n1
2 .7 05' 1489'04'09 "W 1
LU
1^ 122.68' 4.10' 14 W
R =9.90' N
Al 24 (p943440"
b 83923 5 I l.0 25' m 25' yd
L =14.88' I 1
e I I rn
8=13 °2D'pT L � a
I C
26.61• I � ry I
R =460. W' ( ]3'20_'07"
=197.06'
11.25' ;k 76°4$ 13 "W(R) I
n 61.97• 10.3 13
",
3•J
12
6 m zs
W 85941 S.F. A e ®°�-
E V ®F',
GRAPHIC SCALE_
Q
62711 SF 4/ Y-., 1 INCH = 40 FT
d 021916' e { / BASIS OF BEARINGS:
/ N00'5 BETWEEN THE SOUTHEAST O TS
NS�S23g, i b 1D € PT
SECTION IN CORNER AM EAST
QUARTER CORNER OF SLCNON 2 -21 -4
�'° LEGEND°
TRACT F
b
PARK - ry i�d FOUND MONUMENT AS NOTED
7561* S.F }' A ti /
°¢ aSEc TRACT NOTE /Wry 2� 1 SET STANDARD CITY OF AUBURN
°m 140, 4, SHEET 2 7 / �" MONUMENT WFRi BRASS DISK STAMPED
/ 9 "ORS 37555" IN MONUMENT CASE.
F
{'• / Q FOUND CORNER MONUMENI AS AS
% NOTED
4
� � • SET 5/8" X 24" REBAR WITH PLPSIIC
CAP STAMPED "DRS 37555"
ry ro�
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SOB NO, 10067
WYNCREST
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTIEAST QUARTER,
SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 FAST, W.M.,
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JOB NO. 10067
IWINUISTEA1
CITY OF
UBUCERTIFICATE OF IMPROVEMENTS
WASHINGTON
FINAL PLAT APPLICATION
FAC11-0004
PLT10-0010 (Preliminary Plat)
In lieu of the required public improvements for the Final Plat of WYNCREST, the
following bonds have been submitted and approved by the City Engineer.
An approved Plat Security Bond for $84,237.00 which is 150% of the estimated
costs of improvements.
• A separate Performance Bond for $47,849.31 which is 150% of the estimated
costs of improvements for the completion of the emergency vehicle access
required to be completed prior to the issuance of the 25th Building Permit.
�Eity ,n5i*& Date'
1. The developer has provided references and demonstrated a minimum of 3 years successful,
non-defaulted plat development experience in the Puget Sound region.
2. The plat security bond is based on the following costs:
ONE PHASE:
• TOP LIFT of ASPHALT and RAISING UTILITY CASTINGS
• MONUMENT INSTALLATION
Tax
Subtotal
Total @ 150%
SEPARATE BOND for the:
EMERGENCY VEHICLE ACCESS - PER PLAT REQUIREMENT
Tax
Subtotal
Total @ 150%
cc: FAC1 1-0004
Elizabeth Chamberlain, Planning Service Manager
Harry J. Schneider, Schneider Homes Inc.
$46,885.00
$ 4,400.00
$ 4,873.00
$56,158.00
$29,132.00
$ 2,767.5
$31,899.54
$47,849.31
ORD.D Page 126 of 280
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Exhibit 5
BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
Phil Olbrechts, Hearing Examiner
RE: Wyncrest
FINDINGS OF FACT, CONCLUSIONS
Preliminary Plat OF LAW AND RECOMMENDATION.
PLT10 -0010
INTRODUCTION
The Applicant has proposed to subdivide 8.60 acres into 24 single - family residential
lots. Two deviations to street standards are also included in the application for 64 "'
Avenue South and 67t1' Avenue South, an external access road and an internal access
road, respectively. Specifically the deviations are to (1) allow the Applicant to
improve 60' Avenue South without a center turn lane; and (2) allow the Applicant to
reduce the intersection spacing between South 298t1' Place and South 299t' Street on
67"' Avenue South from 250 feet to 194. The preliminary plat and deviations are
approved with conditions.
ORAL TESTIMONY
Hilary Taylor, Senior Planner, summarized the staff report. She noted'on page 8, of
the staff report there is a reference to Exhibit 9 where instead it should be Exhibit 14,
Ms. Taylor noted there are two deviations from city code proposed by the Applicant,
The first deviation requested is from the minimum intersection spacing as required by
city code. Ms. Taylor explained that city code requires 250 feet of intersection
spacing and the Applicant has proposed 194 feet. The City Engineer has reviewed
this deviation and has approved it. The second deviation proposed deals with
roadway width. The Applicant is required to provide a center -turn lane as part of the
requirements of the development of the subdivision The Applicant proposes to not
provide a center -turn lane, but instead accominodatelimprove a bike lane as supported
by the city's comprehensive plan. The City Engineer recommends approval of this
deviation because the traffic volumes in that area are not expected to warrant a center -
turn lane.
Ms. Taylor also noted a supplemental information memo that is being added to the
staff report outlining a discussion with the Muckleshoot Indian Tribe Fisheries
division (Exhibit 15). The discussion began on dune 300' after the Muckleshoot
Fisheries Division emailed questions regarding the culvert that would be built
underneath 64"' Avenue South. The Applicant and city staff responded to these
questions regarding the fact that the culvert will be extending an existing utility. The
affected stream was originally identified as a Class N stream by Ding County in a
2004 -2005 assessment In Dec 7, 2010 it was identified in a critical areas report and
{PA0757324.D0Q 1100083.9000001 }
Preliminary Plat P. 1 Findings, Conclusions and Decision
Page )27 of 280
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described as a seasonal surface water drainage area. It is classified as a Class 4
stream per Auburn city code ACC 16.10.080.D.4. The memo also details the concern
raised by the Muckleshoot Indian Tribe Fisheries Division regarding buffer - averaging
in an email dated July 5, 2011. The Applicant responded that they plan on using
buffer- averaging which would be addressed during the time of construction drawing.
Staff proposed a preliminary condition that no more than 35% of the stream buffer
would be impacted. This condition noted "through a combination of averaging and
buffer -width reduction the Applicant shall demonstrate to the planning director at the
time of submittal for a facilities extension agreement that a reduction and averaging
will not result in any adverse impacts to the stream and complies with the intent of
section ACC 16.10.090.E.2.D and section ACC 16.10.090.E.2.E."
Joe Welsh, Senior Traffic Advisor for City of Auburn, testified that no physical
access is needed for a second emergency roadway until a minimum of 25 lots would
be served by the emergency access roadway. The current proposal is for 24 lots but
future development of neighboring parcels will eventually increase the number of lots
serviced by the emergency access beyond the 25 lot threshold. City staff is working
to ensure the easement is clearly defined and that the Applicant will provide the
easement according to the city standards. City standards require that a secondary
emergency access be provided at the time 25 lots are served by it.
Additionally, Mr. Welsh testified that the traffic volumes and the number of cars that
would be turning and number that would be opposing on 601 Avenue South would
not warrant a center -turn lane. Mr. Welsh notes that typically the intersection spacing
minimum is 250ft, but the turn volumes are so low there is no spacing concern.
Regarding the continuance of low traffic volume, Welsh comments that an existing
development off of 60h Avenue South is finished, and the Applicant's development is
building east towards a slope so traffic volumes are not expected to increase
exponentially.
Maher Joudi, the Applicant's civil engineer on the project, added that impacts to the
stream (noted in Exhibit 15) will be very limited, but the improvements required on
601 Avenue South will impact the stream directly. These impacts will be taken into
account with the culvert design.
EXHIBITS
The exhibits listed at pages 10 -11 of the June 24, 2011 staff report as well as the July
20, 2011 memorandum from Hillary Taylor to the Hearing Examiner (Exhibit 15) are
all admitted into evidence.
FINDINGS OF FACT
{PA0757324.DOC;1100083.9000001)
Preliminary Plat p. 2 Findings, Conclusions and Decision
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Procedural:
1, Applicant, Schneider Homes, Inc.
2. Hearing. The Hearing Examiner conducted a hearing on the application at
5:30 p.m. at Auburn City Hall in the Council Chambers on July 20, 2011.
Substantive:
3. Site /Proposal Description. The Applicant has proposed to subdivide 8.60
acres into 24 single - family residential lots with new public right of way, storm
drainage facilities, and sensitive areas tracts.
4. Deviation Requests. Wyncrest involves two requests for deviation. In one
deviation request, the Applicant requests a deviation to Auburn's Design Standards,
Table 10 -1 Roadway Width, which requires construction of a center turn lane as part
of a 34 foot wide Residential Collector road. The Applicant proposes to not provide a
center -turn lane, but instead accommodate /improve a bike lane as supported by the
city's comprehensive plan. The site is constrained along 64th Avenue South by the
presence of a wetland (Tract A). Were the Applicant to provide both the six foot bike
lane and the center turn lane, the wetland would be impacted much more severely.
Additionally, the provision of both facilities would require the developer to move the
stormwater detention facility (Tract E? as well as lose at least one development lot on
the south side of proposed South 299'' Street. The location of the proposed detention
tract is constrained by the presence of a second wetland (Tract D). If the detention
facility were to be moved, it would have to move to the other side of Tract D. This
would result in the loss of up to six additional development lots. The City's engineers
have reviewed the proposed changes and have found the provision of "a single
through land in either direction on 64th Avenue South is supportable due to the
projected traffic volumes in the vicinity." The City Engineer concurs with this
deviation request.
In the other deviation request, the Applicant requests a deviation fiom Auburn's
Design Standards Table 10 -3 Minimum Intersection Spacing. The deviation requested
is from the minimum intersection spacing as required by city code. The city code
requires 250 feet of space between intersections. The Applicant has proposed
reducing the intersection spacing between South 298th Place and South 2990' Street on
67t'' Avenue South from 250 feet to 194 feet,
The developable portion of the site is constrained by the presence of a critical steep
slope on the southeast portion of the site (Tract B) and a wetland on the southwestern
portion of the site (Tract A). The proposed location of South 298"' Place is fixed in
that it matches the proposed centerline of the adjoining Frederic Allen Preliminary
Plat (King County) to the east of the site. Staff supports the Applicant's analysis that
"the purpose of providing minimum intersection spacing is to ensure that queue
(PA0757324,DOC,1100083.9000001)
Preliminary Plat p. 3 Findings, Conclusions and Decision
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lengths for left turns into respective streets do no interfere with one another." In this
case, the relevant left turn movements do not intersect. Additionally, the roads in
question have very light traffic. The staff have concluded "left turn queue lengths for
these streets will not impact one another and the reduced intersection spacing will not
create an adverse impact on public safety." The City Engineer concurs with the
deviation request.
5. Characteristics of the Area. Single - family homes are located to the west
on R -5 zoned property. Undeveloped land and detached single family homes on R -5
zoned property surround the remainder of the subject property.
6. Adverse Impacts. All adverse impacts have been identified and
adequately mitigated.
As discussed in Finding of Fact No. $ below, the project encompasses several critical
areas, but all these critical areas are protected by placing them in critical area tracts or
subjecting them to development buffers. As discussed in Finding of Fact No. 4 above
and in Finding of Fact No. 7 below, all traffic and other infrastructure needs have
been assessed and mitigated as well.
The Muckleshoot Tribe expressed concern that the culvert under 64th Avenue South
would impose a complete fish passage barrier. The Tribe was also interested in
receiving more information regarding the stream buffer. Staff noted that the stream
was already impassable to fish due to the design of a downstream culvert at 65th
Avenue South, the intermittent nature of the stream and a 16% gradient downstream
of 64th Avenue South. In response to the Tribe's concern regarding the stream
buffer and buffer averaging, the staff suggested a condition of approval for the
decision. As conditioned, the potential environmental impacts to the stream are
mitigated.
The preliminary plat site map demonstrates the potential lot layout for 24 proposed
lots and five tracts (Tracts A -E). A few of these proposed lots, including Lots 4, 7
and 13, have irregular lot lines. The dimensions of these particular lots appear to be
influenced by the adjoining critical areas, or in the case of Lot 13, by an access tract
for an off -site lot as well as an adjoining critical area. The creation of lots with
irregular lot lines can be problematic because they may create confusion over
boundary lines. Boundary line disputes may result. Irregular lot lines near critical
areas can also unintentionally create an opportunity for encroachment on critical areas
tracts. It is possible the staff have already considered this issue and found the
proposed lots are the most feasible alternative. In the event the issue of irregular lot
lines has not already been considered, a condition of approval addresses the issue.
The Federal Way School District has requested the Applicant provide raised and
lighted crosswalks across 64th Avenue South based on their site review and the
District's requirements for student safety. Specifically, they have recommended,
"this crosswalk should be raised, as on a speed bump, to encourage slower speed in
(PA0757324.DOC;1100083.9000001)
Preliminary flat p. 4 Findings, Conclusions and Decision
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the neighborhood. Signage indicating a crosswalk ahead should also be placed in the
neighborhood.. It would also be beneficial to use LED lights on the signage to
indicate student use." There is nothing in the record to counter the findings made by
the School District on the need for an enhanced crosswalk. A condition of approval
will be to either comply with the School District's request for a raised, lighted and
signed crosswalk or demonstrate to the satisfaction of staff that enhancements are not
reasonably necessary for child safety.
7. Adequacy of Infrastructure. Specific issues on infrastructure are
addressed below:
A. Road Design. With the exception of the deviations requested, all
frontage improvements and internal road improvements satisfy City code
requirements. The City determined a traffic study was not required. With the
exception of the deviations noted above, the project complies with all applicable City
of Auburn road standards.
B. . imergency Access. The preliminary plat proposes a 20 foot wide
emergency access easement opposite the current alignment of South 300 "' Street on
64th Avenue South. The staff report notes the easement is sufficient at this tiune;
however, a condition of approval will require construction of the access when the
number of lots utilizing this access reaches 25. The present proposal is for a 24 lot
subdivision. The subject property is adjacent to undeveloped land on the north, south
and east. The property to the cast is owned by the Applicant. Though this project is
not part of a phased development, this project's internal road network and the zoning
and ownership status of surrounding properties indicate future subdivision
development will occur on the north, east and south of the property. At some point in
the future, the proposed emergency access easement will service more than the 24 lots
currently proposed. At such time, the Applicant will be required to develop the
emergency access easement to City standards.
C Drainage. The Applicant submitted a Preliminary Storin Report (Exhibit
10). Staff have found that the proposed drainage plan complies with the 2009 Auburn
Surface Water Management Manual, ACC 13.48 and the City of Auburn Design
Standards which prohibit any increase in any off-site stormwater run -off or any
change in the off-site flow patterns. As proposed, the project has adequate drainage
facilities.
D. Sewer. Sewer will be provided by the Lakehaven Utility District, who has
issued a certificate of sewer availability for the project. See Ex. 9.
E. Water. Water will be provided by the Lakehaven Utility District, who has
issued a certificate of water availability for the project. See Ex. 8.
F. Sidewalks. Sidewalks will be provided for the internal roads (67th Avenue
South, South 298t' Place and South 299`' Place) and along 60 Avenue South. As pant
of the deviation request, the Applicant proposes to provide a six foot bike lane along
64th Avenue South. There are no connecting sidewalks in the vicinity. Children will
walk to school. The Applicant submitted a School Walkway Analysis (Exhibit 13).
The Federal Way School District responded to the School Walkway Analysis in an
(PA0757324.DOC;1100083.9000001)
ORD.D 11 Preliminary Plat P. 5 Findings, Conclusions and Decision I
Page 131 of 280
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email on March 21, 2011 requesting a raised cross walk on 640' Avenue South.
Compliance with this request will be a condition of approval.
G. Schools. School impact fees are assessed at the time of building permit
issuance to pay for school facilities. Since school impact fees are used to fund adopted
level of service standards, it is presumed in the absence of further evidence that the
impact fees assure adequate school facilities.
1I. Parks. Park impact fees are assessed at the time of building permit
issuance to pay for park facilities. Since park impact fees are used to fund adopted
level of service standards, it is presumed in the absence of further evidence that the
impact fees assure adequate park facilities.
I Tire. Fire impact fees are assessed at the time of building permit
issuance to pay for fire and emergency services facilities. Since fire impact fees are
used to fund adopted level of service standards, it is presumed in the absence of
further evidence that the impact fees assure adequate fire and emergency services
facilities.
8. Critical Areas. The Applicant submitted a Critical Areas Report for
Wetlands, Streams and Wildlife Habitats (Exhibit 11) as well as a Geotechnical
Report (Exhibit 12). There are two wetlands, a seasonal stream and steep slopes
located on the property. In accordance with ACC 16.10.090.E.f, both wetlands and
their associated buffers will be placed in critical areas tracts (Tract A and Tract D).
The steep slopes and their associated buffer will be placed in a separate critical areas
tract (Tract B). Though the on -site stream was identified in the Critical Areas Report,
no provisions for protection of the stream were noted in the staff report. A
supplement to the staff report (Exhibit 15) was prepared in response to questions
about regarding the stream treatment from the Muckleshoot Tribe. In the supplement,
staff suggests an additional condition of approval to protect the stream and its buffer.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ACC 17.10.050 grants the Hearing Examiner
with the authority to issue final decisions on preliminary plat applications.
Unfortunately, the Examiner's authority on deviation requests is not as clear as that
for review of subdivision applications. ACC 17.18.010 requires the Hearing
Examiner to review and decide upon deviations to the City's design standards with
the concurrence of the City Engineer. However, Section 1.03 of the City's Design
Standards provides that the City Engineer shall approve deviations to the Design
Standards and the decision is not subject to Hearing Examiner review. Rules of
statutory construction provide that the more recently adopted provision supersedes the
older provision and the more specific provision supersedes the more general
provision. These two rules of construction also conflict in this case. The ordinances
adopting ACC 17.10.050 (Ordinance No. 6239) and the City's design standards
{PA0757324.DOC;1100083.9000001 }
Preliminary Plat p. 6 Findings, Conclusions and Decision
Page 132 of 280
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(Ordinance No. 6283) were both approved by the City Council in 2009, with the
design standards the more recently adopted. Of the two provisions, ACC 17.10.050
is the more specific since it only applies to short subdivisions and subdivisions
whereas Section 1.03 applies to any development involving infrastructure
improvements. Since the Examiner concurs with the recommendations of the City
Engineer on the deviation requests of this application, this conflict of authority does
not need to be resolved at this time. However, the next time that a deviation request
is submitted to the Examiner staff is requested to provide more background on the
legislative history of the two provisions so that a decision can be made as to which
controls. Consultation with the City Attorney's Office may be necessary to clear up
this ambiguity.
Substantive:
2. Zoning Designation. The property is zoned Single Family Residential
District, R -5. The Auburn Comprehensive Plan designation for the property is Single
Family Residential.
3. Review Criteria and Application. The criteria for preliminary plat
applications are governed by ACC17.10.070. The criteria for deviations are governed
by ACC 17.18.030. The criteria for preliminary plat and deviation approval are
satisfied as outlined below where each criterion is quoted in italics and applied
through corresponding Conclusions of Law.
ACC 17.10.070: Prelinzinm y plats shall only be approved if findings of fact are
drawn to support the following:
ACC 17.10.070(A): Adequate provisions are made for the public health, safety and
general }velfare and for open spaces, drainage ways, streets, alleys other public ways,
hater supplies, sanitary wastes, parks, play grounds and sites for schools and school
grounds.
4. As discussed in the Findings of Fact, adequate infrastructure serves the
project while at the same time the project creates no significant adverse impact. The
project's higher densities also accommodate urban growth and thereby fiuther the
public policy considerations of the Growth Management Act, Chapter 36.70A RCW.
Given all these factors, adequate provision is also made for the public health, safety
and general welfare. The criterion is satisfied.
ACC 17.10.070(B): Conformance of the proposed subdivision to the general
purposes of the comprehensive plan
5. As discussed in depth in the staff report for the proposal and incorporated
in this conclusion by reference, the purposes of the comprehensive plan have been
met by this application,
(PA0757324.DOC; 1100083.9000001 }
Preliminary Plat p. 7 Findings, Conclusions and Decision
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ACC 17.10.070(C): Conformance of the proposed subdivision to the general
purposes of any other applicable policies or plans which have been adopted by the
city council
6. The proposed street system that serves the project is consistent with the
Comprehensive Transportation Plan adopted by the City Council.
ACC 17.10.070(D): Conformance of the proposed subdivision to the general
purposes of this title as enumerated in ACC 17.02.030
7. As discussed in depth in the staff report for the proposal and incorporated
in this conclusion by reference, the project is in conformance with the general
purposes of Title 17 ACC. Conclusions of law related to the request for deviations
are discussed below under Deviations.
ACC 17.10.070(E): Conformance of the proposed subdivision to the Auburn zoning
ordinance and any other applicable planning or engineering standards and
specifications as adopted by the city or as modified and approved as part of a
previously approved PUD
8. As discussed in depth in the staff report for the proposal and incorporated
in this conclusion by reference (including staff's analysis of ACC 17.16), the project
is in conformance with City development standards as required in the criterion quoted
above.
ACC 17.10.070(F): The potential environmental impacts of the proposed subdivision
are mitigated such that the preliminary plat will not have an unacceptable adverse
effect upon the quality of the environment
9. The Applicant has thoroughly mitigated all impacts to critical areas as outlined in
Finding of Fact No. 8 and all infrastructure needs are addressed as identified in
Finding of Fact No. 7. The project also been through review under the State
Environmental Policy Act, Chapter 43.21C RCW, and no other environmental
impacts were identified in that process or otherwise evident from the record. The
project was issues a SEPA DNS on June 21, 2011 with no development conditions
imposed, The criterion is satisfied.
ACC 17.10.070(G): Adequate provisions are made so the preliminary plat will
prevent or abate public nuisances
10. No public nuisances are discernable from the record.
DEVIATIONS
{PA0757324.DOC;M083.9000001 }
Preliminary Plat p. 8 Findings, Conclusions and Decision
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ACC 17.18.030(A): Such modification is necessary because of special circumstances
related to the size shape topography location or surroundings of the subject property
to provide the owner with development rights and privileges permitted to other
properties in the vicinity and in the zoning district in which the subject property is
located.
11. For the intersection spacing deviation, the topography, location and
surroundings of the property justify the request. The developable portion of the site is
constrained by the presence of a critical steep slope on the southeast portion of the
site (Tract B) and a wetland on the southwestern portion of the site (Tract A). The
proposed location of South 298"' Place is fixed in that it matches the proposed
centerline of the adjoining Frederic Allen Preliminary Plat (King County) to the cast
of the site. Were the location of South 299"' Street moved south to accommodate the
City's required intersection spacing, the result would be the loss of at least five lots
because the remaining developable area would be inadequate to provide lots which
meet the minimum dimensional requirements of the City code. Staff supports the
Applicant's analysis that "the purpose of providing ininimum intersection spacing is
to ensure that queue lengths for left turns into respective streets do no interfere with
one another." In this case, the relevant left turn movements do not intersect.
Additionally, the roads in question have very light traffic. The staff have concluded
"left turn queue lengths for these streets will not impact one another and the reduced
intersection spacing will not create an adverse impact on public safety." The
deviation is necessary to provide for usable development space between the southern
boundary of the plat and South 299 "' Street without adversely affecting traffic flow or
safety and while preserving the critical steep slopes and wetlands on site.
As to the roadway width deviation, the typical road standard for a Residential
Collector includes three Ianes, two thru lanes and a center turn lane as well as curb,
gutter and sidewalk. The City's comprehensive plan also calls for a six foot bike lane
in this area. The Applicant proposes to provide the required width for the Residential
Collector but change the configuration to remove the center turn land and add a six
foot bike lane. The site is constrained along 64"' Avenue South by the presence of a
wetland (Tract A). Were the Applicant to provide both the six foot bile lane and the
center turn lane, the wetland would be impacted much more severely. Additionally,
the provision of both facilities would require the developer to move the stornlwater
detention facility (Tract E) as well as lose at least one development lot on the south
side of proposed South 299"' Street. The location of the proposed detention tract is
constrained by the presence of a second wetland (Tract D). If the detention facility
were to be moved, it would have to move to the other side of Tract D. This would
result in the loss of up to six additional development lots. The City's engineers have
reviewed the proposed changes and have found the provision of "a single through
land in either direction on 64t" Avenue South is supportable due to the projected
traffic volumes in the vicinity." The proposed change implements the comprehensive
plan, provides greater protection to the wetland and preserves the development rights
{PA0757324.DOC; 800083.9000001 t
Preliminary Plat P. 9 Findings, Conclusions and Decision
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and privileges of the developer while not adversely affecting traffic safety and flow.
This criterion is satisfied.
ACC 17.18.030(B): That because of such special circumstances the development of
the property in strict conformity with the provision of this title will not allow a
reasonable and harmonious use of the property.
12. As described in detail above (Conclusion 11), for the intersection spacing
deviation, adherence to the applicable intersection spacing requirement would reduce
the usable area of the land without providing a safety benefit or preserving critical
areas. Additionally, deviation from the intersection spacing will allow the Applicant
to create South 298t" Place in such a manner that it matches the proposed road
centerline for the Frederic Allen Preliminary Plat, a harmonious continuation of a
public street through multiple private developments. Adherence to the intersection
spacing requirements would not only deprive the Applicant of reasonable and
harmonious use, but would also adversely affect the preservation of the onsite steep
slopes and wetlands and their associated buffers by forcing the roadway toward them.
As to the roadway width deviation, strict adherence to the applicable road profile
requirements would require the construction of an unnecessary center turn land while
precluding the construction of a six foot bike lane. A wider street profile would also
increase the impact on the onside wetlands and associated buffers while reducing the
number of lots the developer could create. Staff are not concerned about safety or
other adverse impacts because 60 Avenue South selves relatively little traffic.
Given these factors, the deviances requested are necessary for reasonable use and
harmonious use of the property. This criterion is satisfied.
ACC 17.18.030(C): That the modification if granted will not alter the character of
the neighborhood or be detrimental to surrounding properties in which the property
is located
13. The deviations will not be detrimental to the surrounding properties or the
safe flow of traffic as the roadway width will be the same with a slightly different
configuration and left turns from the various streets will not impact each other. This
criterion is satisfied.
ACC 17.18.030(D): Such modification will not be materially detrimental to the
implementation of the policies and objectives of the comprehensive land use
circulation and utility plans of the city
14. There is nothing in the record to suggest that the requested deviations will
adversely impact the implementation of the comprehensive and utility plans of the
City. This Criterion is Satisfied.
(PA0757324.DOC;1100083.9000001)
Preliminary Plat P. 10 Findings, Conclusions and Decision
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ACC 17.18.030(E): Literal interpretation of the provisions of this title li,ould deprive
the Applicant of rights commonly enjoyed by other properties in the saute zoning
district.
15. As previously discussed, the deviations will enable the Applicant to
construct a six foot bike lane in conformance with the comprehensive plan, protect
on -site critical steep slopes and wetlands, provide a continuous public roadway
between the Applicant's development and the adjacent approved plat and maintain
usable space between the southern boundary of the plat and South 299th Street, The
Applicant is providing the same road width in a safe and efficient configuration and
has proven the reduced intersection spacing will not present a safety hazard. Literal
interpretation of the provisions of the title would result in the loss of at least five lots
while providing no public benefit. The criterion is satisfied.
ACC 17.18.030(F): The approval of the modification will be consistent with the
purpose of this title
16. The approvals of the modifications are consistent with the purpose of the
subdivision code as detailed in ACC 17.02.030 because they provide for adequate
infrastructure while not materially compromising on safety or public convenience.
ACC 17.18.030(G): The modification cannot lessen the requirements of the zoning
ordinance.
19. The modifications do not violate any Zoning Ordinance provisions.
DECISION
The preliminary plat application and requested deviations are approved subject to
the following conditions:
1. On -site drainage flows will be engineered to funnel stormwater to the
proposed Tract "E" detention facility, which will be engineered to allow water to
flow into the existing wetland in proposed Tract "D" at no greater flow than the
existing flows from the property.
2. The Applicant shall provide sewer stubs to the parcels adjacent to all
sewer main extensions.
3. Half street improvements shall be required for 60' Avenue South in
accordance with City Design and Construction Standards with the exception of the
approved deviation to allow for no center turn lane and the addition of a six foot bike
lane.
{PA0757324.D0C;1100083.9000001 }
Preliminary Plat P. 11 Findings, Conclusions and Decision
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4. The final plat of Wyncrest will carry a plat condition requiring
improvement of the emergency access easement, in accordance with City standards,
when the number of lots utilizing said access reaches 25.
5. All tracts not dedicated to the City of Auburn shall be maintained by the
future Homeowners' Association.
6. If generated, the proposed Conditions, Covenants and Restrictions
(CC &R) for the future Homeowners' Association shall be submitted for review and
approval by the City prior to final plat approval. This document shall specify the
financial means of maintenance of all common open spaces.
7. The Applicant shall include on the face of the final plat a note that a
driveway encroachment exists and is being shown pursuant to RCW 58.17.255. Ex.
Encroachment Note: "Existing Driveway Encroachments have been shown pursuant
to RCW 58.17.255 and shall be disclosed in the title report prepared by the title
insurer and issued after the filing of the final plat ".
8. The Applicant shall seek Hydraulic Project Approval from the
Washington State Department of Fish and Wildlife, if applicable.
9. At the time of submittal for the facilities extension agreement, the
Applicant shall provide evidence that no more than 35% of the stream buffer will be
impacted, and the proposed impacts will not result in any adverse impacts to the
stream.
10. Prior to final plat approval, the Applicant shall either comply with the
School District's request for a raised crosswalk with lighted signing or demonstrate
to the satisfaction of staff that enhancements are not reasonably necessary for child
safety.
11. Prior to final plat approval, the staff shall work with the Applicant to
adjust lot lines to ensure each proposed lot is functional with as few angles as is
reasonably practicable while still meeting minimum lot size, width and other
dimensional requirements. Particular emphasis should be placed on proposed Lots 4,
7 and 13.
Dated this 1st day of August 2011.
Phil Dlbreclits
City of Auburn Hearing Examiner
{PA0757324.DOC,1100083.9000001)
Preliminary Plat p. 12 Findings, Conclusions and Decision
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Appeal
18.70.060 Appeal of hearing examiner's decision: The hearing examiner's decisions
may be appealed to superior court in the manner prescribed in Chapter 18.66 ACC.
Change in Valuation
Notice is given pursuant to RCW 36.70B,130 that property owners who are affected
by this decision may request. a change in valuation for property tax purposes
notwithstanding any program of revaluation.
(PA0757324DOC,A00083,90000M )
I I Preliminary Plat p. 13
ORD.D
Findings, Conclusions and Decision
Page 139 of 280
,IIYO1:
'A U, B UR . N
VVA S 1 I I N61 CI ,
Agenda Subject:
Resolution No. 4959
Department:
Community Development &
Public Works
AGENDA BILL APPROVAL FORM
Attachments:
P,c�enda dill
Resolution No. 4959 with agreement
Date:
July 16, 2014
Budget Impact:
$0
Administrative Recommendation:
City Council to adopt Resolution No. 4959.
Background Summary:
Please see the attached Agenda Bill
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Legal, Environmental
Services
Councilmember: Holman Staff: Snyder
Meeting Date: July 21, 2014 Item r: RES.A
RES.A AUBURN * MORE THAN YOU IMAGINED Page 140 of 280
A UBURN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution No. 4959
1 Date: July 21, 2014
Department: Community
Attachments: Resolution No. 4959,
Budget Impact:
Development & Public Works
Exhibit A - PPA
Administrative Recommendation: City Council to introduce and adopt Resolution No. 4959
Background Summary:
The purpose of Resolution No. 4959 is for the City Council to authorize the City of Auburn to enter into a
Project Partnership Agreement (PPA) with the U.S. Army Corps of Engineers to construct the Mill Creek
Wetland 5K project.
The City of Auburn is the local sponsor for a US Army Corps of Engineers (Corps) Ecosystem Restoration
Project (ERP) on Mill Creek. The purpose of the project is to restore stream habitat for salmon and other
fish and wildlife. The project involves habitat enhancement along approximately one mile of Mill Creek, a
tributary of the Green River that flows north through the City. The project is located on the "Wetland 5K"
reach of Mill Creek, so named for the identification number of the wetland that the stream is located
adjacent to. The Wetland 5K reach is located west of SR 167 extending from SR 18 north past 15th
Street NW.
The design of the Wetland 5K project was conducted under a 2010 Design Agreement between the City
and the Corps. The 100 - Percent design package for the project was transmitted to the City on July 8,
2014.
For the project to proceed with finalizing real estate acquisitions and construction, the City will need to
enter into a Project Partnership Agreement (PPA) with the Corps. The PPA defines the roles and
responsibilities of the City and Corps including:
• 65% federal / 35% non - federal cost share for total project costs; and
• City responsibility to acquire necessary property interests to conduct the project.
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 E Planning & CD
❑ Fire E Planning
❑ Park Board E Public Works
E Legal ❑ Police
❑ Planning Comm. ❑ Other
E Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Holman
Staff: Snyder
Meeting Date: July 21, 2014
Item Number:
RES.A AUBURN* 1�1. I�,E TH � YOU IM) 'Y41 of 280
Agenda Subject: Resolution No. 4959
Date: July 21, 2014
Project Purpose:
The Mill Creek Wetland 5K Reach Project (Project) is one element of the Green /Duwamish River
Ecosystem Restoration Project, led by the Corps under authorization from the Water Resources
Development Act (VVRDA). The effort is focused on restoration of critical habitat for ESA - listed salmon
within the Green /Duwamish River Watershed.
Mill Creek (Creek) presents an excellent habitat restoration opportunity. The Creek has been channelized
to facilitate agricultural activities that ceased in the 1980s and early 1990s. Currently, invasive plant
species have overrun the channel and floodplain, interrupting natural riparian processes and significantly
degrading habitat function within the Creek. The primary Project objectives are as follows:
Re- establish the functions of this segment of Mill Creek to serve for passage of anadromous
salmonids for spawning and rearing;
Establish accessible refugia for the fry and juveniles of these fish species; and
• Eliminate invasive noxious weed plants (particularly reed canarygrass [Phalaris arundinacea])
within a discrete project corridor approximately 200 to 250 feet wide, allowing reestablishment of
native wetland and woody riparian species.
Secondary Project objectives are those that must be considered in the design and may affect the degree
to which the primary Project objectives can be implemented. Those objectives include the following:
• Create an end state condition that can be effectively managed and maintained by the local
sponsor as a functional ecological preserve and an educational or experiential opportunity for
residents of the City;
• Maintain the regional floodplain and floodway;
• Maintain or increase the level of flood storage commensurate with the City's flood and stormwater
management plans;
• Maintain design functionality of existing drainage control structures while limiting the extent of and
providing access for required maintenance;
• Protect, incorporate, or enhance existing wetland mitigation sites in the Project area;
• Prevent adverse effects associated with surface water inundation and flooding to adjacent and
downstream properties.
Project History:
1996 — 2000: The Corps conducted a Feasibility Study for ecosystem restoration in Green /Duwamish
Watershed. The study identified 45 site - specific restoration projects including the Mill Creek Wetland 5K
reach. Enhancements downstream of the Wetland 5 Reach were also identified as the Merlino Reach and
Schuler Brothers Reach;
2010: City entered Design Agreement with the Corps for the Mill Creek Wetland 5K Project;
2011: 35% design plan set prepared;
2012: Draft 95% design plans and specifications prepared;
2013: Additional hydraulic and hydrologic analysis conducted;
January — July 2014: 100% design plans and specifications prepared.
Elements of Project:
The Project is focused on Mill Creek and the adjacent riparian corridor. The design focuses on improving
floodplain connectivity, providing refuge from high -flow events, and creating conditions to re- establish
riparian cover over the Creek to reduce water temperatures and improve water quality for rearing. The
key elements of the restoration design include:
Page 2 of 4
RES.A Page 142 of 280
Agenda Subject: Resolution No. 4959
Date: July 21, 2014
• Creating a new, meandering stream channel in sections of the project reach and enhancing the
existing channel in other sections;
• Building earthen berms adjacent to the stream to provide higher ground for establishing trees and
shrubs that provide shading and habitat diversity;
• Creating new side channels and connecting existing tributary channels to provide rearing habitat
and refuge from high stream flow events;
• Clearing reed canarygrass and scraping shallow soil to remove root mass
• Re- planting with mix of native trees, shrubs, and herbaceous vegetation;
• Install a new clear -span, three -sided box culvert under 15th Street NW for improved fish passage
and flood flows conveyance;
• Conduct performance monitoring at 1,3, and 5 years post- construction; and
• Conduct limited maintenance to suppress invasive plants and keep culvert clear of debris.
Auburn City Council Resolution No. 4959: Project Partnership Agreement
In 2010, the City entered into a Green /Duwamish ERP Program Design Agreement (DA) with the Corps.
The DA specified Corps and City roles and responsibilities, and cost shares, for the design of the Mill
Creek Wetland 5K project. Now that the design has been completed, a similar agreement, called a
Project Partnership Agreement (PPA) is required for construction of the project.
Roles and Responsibilities
Construction of the project would be conducted as a federal and local partnership between the Corps and
the City. The partnership is formalized by the PPA, which addresses construction, maintenance, and
monitoring of the project. Under the terms of the PPA, the Corps is the federal lead for the project and the
City is considered the Non - federal Sponsor (NFS) of the project.
Responsibility
Corps of Engineers
City of Auburn
Engineering Design
Lead
Review and Comment
Lands, Easements, Right -of-
Certify
Lead — obtain property access
Way, Relocations, and Disposal
through acquisition or perpetual
Areas (LERRD)
easement
Permitting
Lead
Review and comment as
requested
Contracting
Lead
Review and comment on
solicitations, bid documents and
specifications. Provide written
notice of concurrence to proceed
prior to issuance of construction
contract solicitation
Construction Oversight
Lead
Support
Crediting (Lands Easements
Accounting
Packaging, reporting
and Rights of Way)
Maintenance
Create plan
Implement plan
Monitoring (funded within total
Lead
Support
construction costs)
The PPA also includes a cost sharing provision that specifies the following costs shares for the partners:
• Federal funds (Corps) 65%
• Non - Federal Sponsor funds (City) 35%
Page 3 of 4
RES.A Page 143 of 280
Agenda Subject: Resolution No. 4959
Benefits to City
Date: July 21, 2014
The Project provides a number of benefits to the /city and aligns with public policy goals, including:
• Contributes to regional salmon recovery efforts and the Restoration Plan element of the City of
Auburn Shoreline Master Program;
• Improves water quality, assisting the City in compliance with NPDES Phase II requirements;
• Improves flood flow conveyance, and creates over 17 acre -feet of additional flood storage;
• Creates potential for future passive recreation and educational opportunities associated with the
Auburn Environmental Park.
Cost to City
Based on cost estimates developed by the Corps, the estimated total project costs reflected in the PPA,
including design, construction, construction management, real estate acquisition, monitoring and
maintenance, and the City of Auburn cost share are listed below:
Total Estimated Project Cost:
City 35% Share (including credits for real estate and staff time)
$5,738,048.00
$2,008,317.00
City Cash Funding Sources for Mill Creek Wetland 5K Proiect
The City has obtained grant funding to offset costs of the project including a $532,000 grant from the
Washington State Department of Ecology earlier this year. Project funding sources are listed below:
Design- King Conservation District $200,000.00
Design- King County Flood Control District Opportunity Fund $69,693.00
Construction /Real Estate- City Stormwater Utility Fund $1,250,000.00
Construction /Real Estate- Department of Ecology Floodplains Grant $ 532,000.00
Total $2,051,693.00
With the exception of the $532,000 from the Department of Ecology Floodplain Grant, all cash funding
sources identified above have been secured. The revenue and expenses associated with the Floodplain
Grant have previously been included in the City's 2014 budget and identified in the City's 2014 -2019
Capital Facilities Plan as "Grants, Other Sources ". The Floodplain Grant agreement between the City and
the Washington State Department of Ecology will be presented to the City Council under a separate
resolution (Resolution No. 5082) for acceptance consideration.
Other City Funding for the Proiect
Under the terms of the PPA, the City would also receive credit toward its cost share for certain staff time
(VVIK- Work in Kind) during design and construction, and for real estate interests (referred to as LERRD
credit) that it makes available for the project. Estimates of these credit amounts prepared by the Corps
are provided below:
Design- Staff time WIK for design team coordination $20,000.00
Construction- Staff time WIK for construction coordination $40,000.00
LERRD (Real Estate) Credit $900,000.00
Total $960,000.00
Page 4 of 4
RES.A Page 144 of 280
RESOLUTION NO.4 9 5 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A PROJECT
PARTNERSHIP AGREEMENT FOR SPECIFICALLY
AUTHORIZED ECOSYSTEM RESTORATION PROJECTS
AND SEPARABLE ELEMENTS
WHEREAS, the Auburn City Council finds that restoration of that portion of Mill
Creek located within the City will benefit the citizens of Auburn by enhancing flood
control within the City and by improving fish habitat; and
WHEREAS, the Auburn City Council previously adopted Resolution No. 4558
authorizing the execution of a Design Agreement between the City of Auburn and the
Department of the Army for design of the Mill Creek Wetland 5K Green Duwamish
Ecosystem Restoration Project on February 12, 2010; and
WHEREAS, the design for construction of the Mill Creek Wetland 5K Green
Duwamish Ecosystem Restoration Project has been completed under the Design
Agreement; and
WHEREAS, U.S. Army Corps of Engineers has received federal funding to
complete the design for the Mill Creek Wetland 5K Green Duwamish Ecosystem
Restoration Project and construct the project; and
WHEREAS, under the Water Resources Development Act of 1986, local
governments wishing to have such projects constructed within their jurisdictions must
contribute a portion of the project design costs; and
WHEREAS, the City of Auburn has included the Mill Creek Wetland 5K Reach
restoration as a project in its 2014 -2019 Capital Facility Plan;
Resolution No. 49.5.9
July 10, 2014
RLPS+W of 1
Page 145 of 280
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and City Clerk are hereby authorized to execute a
Project Partnership Agreement for Specifically Authorized Ecosystem Restoration
Projects and Separable Elements, which agreement shall be in substantial conformity
with the agreement attached hereto as Exhibit A and incorporated herein by this
reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation_.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of
ATTEST:
Danielle E. Daskam, City Clerk
APP OVED AS TO FORM:
Wi- .- - -
Resolution No. 4959
July 10, 2014
RENA2 of 2
2013.
CITY OF AUBURN
NANCY BACKUS, MAYOR
Page 146 of 280
Exhibit A
PROJECT PARTNERSHIP AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
CITY OF AUBURN
FOR
CONSTRUCTION
OF THE
DUWAMISH/MILL CREEK WETLAND 5K REACH
ECOSYSTEM RESTORATION PROJECT
THIS AGREEMENT is entered into this day of , by
and between the Department of the Army (hereinafter the "Government "), represented by
the U.S. Army Engineer, Seattle District, and City of Auburn (hereinafter the "Non -
Federal Sponsor "), represented by the Mayor.
WITNESSETH, THAT:
WHEREAS, construction of the Duwarnish/Green River Basin Project for
ecosystem restoration (hereinafter the "Authorized Project ") at King County, Washington
was authorized by Section 101(b)(26) of the Water Resources Development Act of 2000,
Public Law 106 -51 in accordance with the plans, and subject to the conditions,
recommended in a final report of the Chief of Engineers if a favorable report to the Chief is
completed not later than December 31, 2000;
WHEREAS, a favorable final report of the Chief of Engineers was completed on
December 29, 2000;
WHEREAS, the Government was authorized to perform monitoring and adaptive
management (as defined in Article I.M. and Article I.N. of this Agreement, respectively)
as part of the Authorized Project;
WHEREAS, the Government and the Non - Federal Sponsor desire to enter into a
Project Partnership Agreement (hereinafter the "Agreement") for construction of the
Duwamish/ Mill Creek Wetland 5K Reach Ecosystem Restoration Project (a separable
element of the Authorized Project and hereinafter the "Project ", as defined in Article LA of
this Agreement);
WHEREAS, Section 103 of the Water Resources Development Act of 1986, Public
Law 99 -662, as amended, (33 U.S.C. 2213) specifies the cost- sharing requirements
applicable to the Project;
WHEREAS, Section 902 of the Water Resources Development Act of 1986,
Public Law 99 -662, as amended (33 U.S.C. 2280), establishes the maximum amount of
costs for the Authorized Project and sets forth procedures for adjusting such maximum
amount;
RES.A Page 147 of 280
WHEREAS, the Government and a non - Federal interest entered into an
agreement, dated February 1, 2010 for engineering and design of the Project (hereinafter
the "Design Agreement "), under the terms of which the non - Federal interest contributed a
portion of the costs for engineering and design;
WHEREAS, Section 221 of the Flood Control Act of 1970, Public Law 91 -611, as
amended (42 U.S.C. 1962d -5b), and Section 1030) of the Water Resources Development
Act of 1986, Public Law 99 -662, as amended (33 U.S.C. 22130)), provide, inter alga, that
the Secretary of the Army shall not commence construction of any water resources project,
or separable element thereof, until each non - Federal interest has entered into a written
agreement to furnish its required cooperation for the project or separable element;
WHEREAS, the Government and Non - Federal Sponsor have the full authority and
capability to perform as hereinafter set forth and intend to cooperate in cost - sharing and
financing of the Project in accordance with the terms of this Agreement; and
WHEREAS, the Government and the Non- Federal Sponsor, in connection with
this Agreement, desire to foster a partnering strategy and a working relationship between
the Government and the Non - Federal Sponsor through a mutually developed formal
strategy of commitment and communication embodied herein, which creates an
environment where trust and teamwork prevent disputes, foster a cooperative bond
between the Government and the Non - Federal Sponsor, and facilitate the successful
implementation of the Project.
NOW, THEREFORE, the Government and the Non- Federal Sponsor agree as
follows:
ARTICLE I - DEFINITIONS
A. The term "Project" shall mean construction of a meandering stream channel,
dendrites, culvert replacement, and large woody debris placement at the Auburn
Environmental Park (Mill Creek Wetland 5K) site, as generally described in the final report
of the Chief of Engineers, dated December 29, 2000, and in the "Green/Duwamish River
Basin Ecosystem Restoration Study, Final Feasibility Report," dated October 2000.
B. The term "total project costs" shall mean the sum of all costs incurred by the
Non - Federal Sponsor and the Government in accordance with the terms of this Agreement
directly related to construction of the Project. Subject to the provisions of this Agreement,
the term shall include, but is not necessarily limited to: the Government's share of
Preconstruction Engineering and Design costs pursuant to the terms of the Design
Agreement; the value of the contribution_ s provided by anon- Federal interest pursuant to
the terms of the Design Agreement; the Government's engineering and design costs during
construction; the Non - Federal Sponsor's and the Government's costs of investigations to
identify the existence and extent of hazardous substances in accordance with Article XIV.A.
of this Agreement; the Government's costs of historic preservation activities in accordance
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with Article XVII.A. and Article XVI1.B.1. of this Agreement; the Government's costs of
monitoring in accordance with Article II.H. and Article 11.1. of this Agreement; the
Government's costs of adaptive management in accordance with Article II.J. and Article
II.K. of this Agreement; the Government's actual construction costs; the Government's
supervision and administration costs; the Non - Federal Sponsor's and the Government's
costs of participation in the Project Coordination Team in accordance with Article V of this
Agreement; the Government's costs of contract dispute settlements or awards; the value of
lands, easements, rights -of -way, relocations, and improvements required on lands,
easements, and rights -of -way to enable the disposal of dredged or excavated material for
which the Government affords credit in accordance with Article N of this Agreement or for
which reimbursement by the Government is required pursuant to Article II.13.3. of this
Agreement; and the Non - Federal Sponsor's and the Government's costs of audit in
accordance with Article X.B. and Article X.C. of this Agreement. The term does not
include any costs for operation, maintenance, repair, rehabilitation, or replacement of the
Project; any costs of betterments under Article II.G.2. of this Agreement; any costs of
dispute resolution under Article VII of this Agreement; the Government's costs for data
recovery activities associated with historic preservation in accordance with Article
XVII.B.2. and Article XVII.B.3. of this Agreement; or the Non - Federal Sponsor's costs
of negotiating this Agreement.
C. The term `-`period of construction" shall mean the time from the date the
Government issues the solicitation for the first construction contract for the Project or
commences construction of the Project using the Government's own forces, whichever is
earlier, to the date that construction, monitoring, and, if necessary, adaptive management
of the Project are complete, as determined by the Government, or the date that this
Agreement is terminated in accordance with Article XIII or Article XIV.C. of this
Agreement, whichever is earlier.
D. The term 'financial obligations for construction" shall mean the financial
obligations of the Government that result or would result in costs that are or would be
included in total project costs except for obligations pertaining to the provision of lands,
easements, and rights -of -way, the performance of relocations, and the construction of
improvements required on lands, easements, and rights -of -way to enable the disposal of
dredged or excavated material.
E. The term "non - Federal proportionate share" shall mean the ratio of the Non -
Federal Sponsor's total contribution of funds required by Article II.B.2. of this Agreement
to financial obligations for construction, as projected by the Government.
F. The term "highway" shall mean any highway, roadway, street, or way, including
any bridge thereof, that is owned by a public entity.
G. The ter m "relocation" shall mean providing a functionally equivalent facility
to the owner of a utility, cemetery, highway, railroad, or public facility when such action is
authorized in accordance with applicable legal principles of just compensation; or providing
a functionally equivalent facility when such action is specifically provided for, and is
RES.A Page 149 of 280
identified as a relocation, in the authorizing legislation for the Project or any report
referenced therein. Providing a functionally equivalent facility may take the form of
alteration, lowering, raising, or replacement and attendant demolition of the affected facility
or part thereof.
H. The term "functional portion of the Project" shall mean a portion of the Project
for which construction has been completed and that can function independently, as
determined by the U.S. Army Engineer, Seattle District (hereinafter the "District
Engineer ") in writing, although the remainder of the Project is not complete.
1. The term "betterment" shall mean a difference in the construction of an element
of the Project that results from the application of standards that the Government determines
exceed those that the Government would otherwise apply to the construction of that
element. The term does not include any construction for features not included in the
Project as defined in paragraph A. of this Article.
J. The term "Federal program funds" shall mean funds provided by a Federal
agency, other than the Department of the Army, plus any non - Federal contribution
required as a matching share therefor.
K. The term_ `fiscal year" shall mean one year beginning on October 1 and ending
on September 30.
L. The term "monitoring" shall mean activities, including the collection and
analysis of data, that are necessary to determine if predicted outputs of the Project are
being achieved and to determine if adaptive management is necessary.
M. The term "adaptive management" shall mean measures taken to adjust the
Project in response to the monitoring results so that the predicted outputs of the Project are
achieved following its construction. The term includes, but is not necessarily limited to,
modifications of structures, or adjustments to operation or management, of the Project.
ARTICLE Il - OBLIGATIONS OF THE GOVERNMENT AND
THE NON - FEDERAL SPONSOR
A. The Government, subject to receiving funds appropriated by the Congress of the
United States (hereinafter the "Congress ") and using those funds and funds provided by the
Non - Federal Sponsor, expeditiously shall construct the Project, applying those procedures
usually applied to Federal projects, in accordance with Federal laws, regulations, and
policies.
1. The Government shall not issue the solicitation for the first contract for
construction of the Project or commence construction of the Project using the
Government's own forces until the Non - Federal Sponsor has confirmed in writing its
will to proceed with the Project.
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2. The Government shall afford the Non - Federal Sponsor the opportunity to
review and comment on the solicitations for all contracts, including relevant plans and
specifications, prior to the Government's issuance of such solicitations. To the extent
possible, the Government shall afford the Non - Federal Sponsor the opportunity to review
and comment on all proposed contract modifications, including change orders. In any
instance where providing the Non - Federal Sponsor with notification of a contract
modification is not possible prior to execution of the contract modification, the Government
shall provide such notification in writing at the earliest date possible. To the extent possible,
the Government also shall afford the Non - Federal Sponsor the opportunity to review and
comment on all contract claims prior to resolution thereof. The Government shall consider
in good faith the comments of the Non - Federal Sponsor, but the contents of solicitations,
award of contracts or commencement of construction using the Government's own forces,
execution of contract modifications, resolution of contract claims, and performance of all
work on the Project shall be exclusively within the control of the Government.
3. At the time the District Engineer furnishes the contractor with the
Govern ment's Written Notice of Acceptance of Completed Work for each contract awarded
by the Government for the Project, the District Engineer shall furnish a copy thereof to the
Non - Federal Sponsor.
4. As of the effective date of this Agreement, $18,1 15,600 of Federal
funds have been provided by Congress for the Authorized Project of which $5,000,000 is
currently projected to be available for the Project. The Government makes no
commitment to request Congress to provide additional Federal funds for the Authorized
Project or the Project. Further, the Government's financial participation in the Project is
limited to the Federal funds that the Government makes available to the Project.
B. The Non- Federal Sponsor shall contribute 35 percent of total project costs in
accordance with the provisions of this paragraph.
1. In accordance with Article III of this Agreement, the Non - Federal
Sponsor shall provide all lands, easements, and rights -of -way, including those required for
relocations, the borrowing of material, and the disposal of dredged or excavated material,
shal I perform or ensure performance of all relocations, and shall construct improvements
required on lands, easements, and rights -of -way to enable the disposal of dredged or
excavated material that the Government determines to be required or to be necessary for
construction, operation, and maintenance of the Project.
2. The Non - Federal Sponsor shall provide funds in accordance with Article
VI.B. of this Agreement in the amount necessary to meet the Non- Federal Sponsor's
required share of 35 percent of total project costs if the Government projects at any time that
the collective value of the following contributions will be less than such required share: (a)
the value of the contributions provided by a non - Federal interest pursuant to the terms of
the Design Agreement; (b) the value of the Non - Federal Sponsor's contributions under
paragraph B.1. of this Article, as determined in accordance with Article IV of this
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Agreement; and (c) the value of the Non - Federal Sponsor's contributions under Article V,
Article X, and Article XIV.A. of this Agreement.
3. The Government, subject to the availability of funds, shall refund or
reimburse to the Non- Federal Sponsor any contributions in excess of 35 percent of total
project costs if the Government determines at any time that the collective value of the
following contributions has exceeded 35 percent of total project costs: (a) the value of the
Non - Federal Sponsor's contributions under paragraph B.2. of this Article; (b) the value of
the contributions provided by a non - Federal interest pursuant to the terms of the Design
Agreement; (c) the value of the Non - Federal Sponsor's contribution_ s under paragraph B. I .
of this Article, as determined in accordance with Article IV of this Agreement; and (d) the
value of the Non - Federal Sponsor's contributions under Article V, Article X, and Article
XfV.A. of this Agreement. After such a determination, the Government, in its sole
discretion, may acquire any remaining lands, easements, and rights -of -way required for the
Project, perform any remaining relocations necessary for the Project, or construct any
remaining improvements required on lands, easements, and rights -of =way to enable the
disposal of dredged or excavated material required for the Project on behalf of the Non -
Federal Sponsor. Notwithstanding the acquisition of lands, easements, and rights -of -way,
performance of relocations, or construction of improvements required on lands,
easements, and rights -of -way to enable the disposal of dredged or excavated material by the
Government under this paragraph, the Non - Federal Sponsor shall be responsible, as
between the Government and the Non - Federal Sponsor, for any costs of cleanup and
response in accordance with Article XIV.C. of this Agreement.
C. When the District Engineer determines that, except for monitoring and
adaptive management, the entire Project, or a functional portion of the Project, is
complete, the District Engineer shall so notify the Non - Federal Sponsor in writing and
furnish the Non - Federal Sponsor with a final Operation, Maintenance, Repair,
Rehabilitation, and Replacement Manual (hereinafter the "OMRR &R Manual ") or, if the
final OMRR &R Manual is not available, an interim OMRR &R Manual for the entire
Project or such completed portion. Upon such notification, the Government also shall
furnish to the Non - Federal Sponsor a copy of all final as -built drawings for the entire
Project or such completed portion if such drawings are available. Not later than 6
months after such notification by the Government that the entire Project is complete, the
Government shall furnish the Non - Federal Sponsor with the final OMRR &R Manual and
all final as -built drawings for the entire Project. In the event the final OMRR &R Manual
or all final as -built drawings for the entire Project cannot be completed within the 6
month period, the Government shall provide written notice to the Non - Federal Sponsor,
and the Government and the Non - Federal Sponsor shall negotiate an acceptable
completion date for furnishing such documents. Further, after completion of all contracts
for the Project, copies of all of the Government's Written Notices of Acceptance of
Completed Work for all contracts for the Project that have not been provided previously
shall be provided to the Non - Federal Sponsor.
D. Upon notification from the District Engineer in accordance with paragraph C.
of this Article, the Non - Federal Sponsor shall operate, maintain, repair, rehabilitate, and
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RES.A Page 152 of 280
replace the entire Project, or the junctional portion of the Project as the case may be, in
accordance with Article VIII of this Agreement. Concurrent with the Non - Federal
Sponsor's perform_ ance of operation, maintenance, repair, rehabilitation, and replacement
for the completed Project or such completed portion, the Government shall perform
monitoring and, if necessary, adaptive management in accordance with the provisions of
this Agreement.
E. Upon the District Engineer's determination that, except for monitoring and
adaptive management, the entire Project is complete, the Government shall conduct an
interim accounting, in accordance with Article VI.C. of this Agreement, and famish the
results to the Non - Federal Sponsor. Further, upon conclusion of the period of construction
the Government shall amend the interim accounting to complete the final accounting, in
accordance with Article VI.C. of this Agreement, and furnish the results to the Non - Federal
Sponsor.
F. The Non - Federal Sponsor shall not use Federal program funds to meet any of its
obligations for the Project under this Agreement unless the Federal agency providing the
funds verifies in writing that such funds are authorized to be used to carry out the Project.
G. The Non - Federal Sponsor may request the Government to perform or provide,
on behalf of the Non - Federal Sponsor, one or more of the services (hereinafter the
"additional work ") described in this paragraph. Such requests shall be in writing and
shall describe the additional work requested to be performed or provided. If in its sole
discretion the Government elects to perform or provide the requested additional work or
any portion thereof, it shall so notify the Non - Federal Sponsor in a writing that sets forth
any applicable terms and conditions, which must be consistent with this Agreement. In
the event of conflict between such a writing and this Agreement, this Agreement shall
control. The Non - Federal Sponsor shall be solely responsible for all costs of the
additional work performed or provided by the Government under this paragraph_ and shall
pay all such costs in accordance with Article VI.D. of this Agreement.
1. Acquisition of lands, easements, and rights -of -way; performance of
relocations; or construction of improvements required on lands, easements, and rights -of-
way to enable the disposal of dredged or excavated material for the Project.
Notwithstanding acquisition of lands, easements, and rights-of-way, performance of
relocations, or construction of improvements by the Government, the Non - Federal
Sponsor shall be responsible, as between the Government and the Non - Federal Sponsor,
for any costs of cleanup and response in accordance with Article XIV.C. of this
Agreement.
2. Inclusion of betterments in the construction of the Project. [n the event
the Government elects to include any such betterments, the Government shall allocate the
costs of the Project features that include betterments between total project costs and the
costs of the betterments.
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H. Prior to completion of construction of the Project, the Govemment, in
consultation with the Non - Federal Sponsor and, as appropriate, other concerned agencies,
shall finalize the plan for monitoring of the Project. The monitoring plan shall describe
the specific parameters to be monitored; how these parameters relate to achieving the
desired outcomes and to ascertaining whether adaptive management measures for the
Project will be necessary; methods for measuring those parameters; frequency and
duration of monitoring of the Project; criteria for measuring the success of the Project;
preparation and distribution of monitoring reports and other coordination requirements;
and estimated monitoring costs.
1. Upon providing notification to the Non - Federal Sponsor that the Project is
complete in accordance with paragraph C. of this Article, the Government shall perform
monitoring of the Project in accordance with the monitoring plan for a period of 5
consecutive years from the date of such notification. However, the monitoring of the
Project by the Govemment shall end prior to the expiration of such period upon the
occurrence of either of the following events: (l) the award of the next contract for
monitoring of the Project, or continuation of monitoring of the Project using the
Government's own forces, would result in the costs incurred for monitoring and adaptive
management of all the features for ecosystem restoration in the Authorized Project
exceeding 7 percent of the amount equal to total project costs of the Project plus the
costs for all other ecosystem restoration separable elements of the Authorized Project
minus the costs for monitoring and adaptive management of all the features for ecosystem
restoration in the Authorized Project; or (2) the District Engineer determines that
continued monitoring of the Project is not necessary.
J. Applying the criteria specified in the monitoring plan, the Government shall
determine whether adaptive management of the Project is necessary. The Govemment
may make such a determination at any time during the monitoring period described in
paragraph 1. of this Article. Within 120 calendar days after the expiration or termination
of such monitoring period, the Govemment shall make a final determination of whether
adaptive management of the Project is necessary. In making such determinations, the
Government shall consult with the Non - Federal Sponsor and, as appropriate, with other
concerned agencies. Upon any determination by the Government that adaptive
management of the Project is necessary, the Government shall notify the Non - Federal
Sponsor in writing of its determination and expeditiously shall perform such adaptive
management in accordance with paragraph K. of this Article. If, after the expiration or
termination of such monitoring period, the Government determines that adaptive
management of the Project is not necessary, the Govemment shall notify the Non - Federal
Sponsor in writing of its determination and shall conduct a final accounting in accordance
with paragraph E. of this Article.
K. If the Government determines, pursuant to paragraph J. of this Article, that
adaptive management of the Project is necessary, the Government, in consultation with
the Non - Federal Sponsor and, as appropriate, other concerned agencies, shall perform
adaptive management of the Project in accordance with the provisions of this paragraph
and paragraph A. of this Article.
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1. In no event shall the award of any contract for adaptive management of
the Project, or continuation of adaptive management of the Project using the
Government's own forces, result in the costs incurred for monitoring and adaptive
management of all the features for ecosystem restoration in the Authorized Project
exceeding 7 percent of the amount equal to total project costs of the Project plus the
costs for all other ecosystem restoration separable elements of the Authorized Project
minus the costs for monitoring and adaptive management of all the features for ecosystem
restoration in the Authorized Project. As of the effective date of this Agreement, the costs
of monitoring and adaptive management of the entire Authorized Project are estimated to
be $$,240,000. As of the effective date of the Agreement, the costs of monitoring and
adaptive management of this Project are estimated to be $60,000.
2. When the District Engineer determines that adaptive management of
the Project is complete, or that the costs for monitoring and adaptive management have
or will exceed the 7 percent amount determined in accordance with sub - paragraph 1. of
this paragraph, the District Engineer shall: a) notify the Non- Federal Sponsor in writing
of such completion; b) furnish the Non - Federal Sponsor with an amended OMRR &R
Manual that reflects any modifications to structures or adjustments to operation or
management methods; c) furnish the Non - Federal Sponsor with a copy of any new or
revised as -built drawings for the Project; and d) within 30 calendar days after such notice,
conduct a final accounting in accordance with paragraph E. of this Article.
3. Upon notification from the District Engineer in accordance with sub-
paragraph 2. of this paragraph, the Non - Federal Sponsor shall operate, maintain, repair,
rehabilitate, and replace the entire Project in accordance with Article Vlll of this
Agreement.
L. The Non - Federal Sponsor shal I prevent obstructions or encroachments on the
Project (including prescribing and enforcing regulations to prevent such obstructions or
encroachments) such as any new developments on Project lands, easements, and rights -of-
way or the addition of facilities which might reduce the outputs produced by the Project,
hinder operation and maintenance of the Project, or interfere with the Project's proper
function.
M. The Non - Federal Sponsor shall not use the Project, or the lands, easements,
and rights -of -way required pursuant to Article III of this Agreement, as a wetlands bank
or mitigation credit for any other project.
ARTICLE III - LANDS, EASEMENTS, RIGHTS -OF -WAY,
RELOCATIONS, DISPOSAL AREA IMPROVEMENTS, AND
COMPLIANCE WITH PUBLIC LAW 91 -646, AS AMENDED
A. The Government, after consultation with the Non - Federal Sponsor, shall
determine the lands, easements, and rights -of -way required for construction, operation, and
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maintenance of the Project, including those required for relocations, the borrowing of
material, and the disposal of dredged or excavated material. The Government in a timely
manner shall provide the Non - Federal Sponsor with general written descriptions, including
maps as appropriate, of the lands, easements, and rights -of -way that the Government
determines the Non - Federal Sponsor must provide, in detail sufficient to enable the Non -
Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non -
Federal Sponsor with a written notice to proceed with acquisition of such lands, easements,
and rights -of -way. Prior to the issuance of the solicitation for each Government contract
for construction of the Project, or prior to the Government incurring any financial
obligations for construction of a portion of th_ e Project using the Government's own
forces, the Non = Federal Sponsor shall acquire all lands, easements, and rights -of -way the
Government determines the Non - Federal Sponsor must provide for that work and shall
provide the Government with authorization for entry thereto. Furthermore, prior to the
end of the period of construction, the Non - Federal Sponsor shall acquire all lands,
easements, and rights -of -way required for construction, operation, and maintenance of the
Project, as set forth in such descriptions, and shall provide the Government with
authorization for entry thereto. The Non - Federal Sponsor shall ensure that lands,
easements, and ri ghts -of -way that the Government determines to be required for the Project
and that were provided by the Non - Federal Sponsor are retained in public ownership for
uses compatible with the authorized purposes of the Project.
B. The Government, after consultation with the Non- Federal Sponsor, shall
determine the relocations necessary for construction, operation, and maintenance of the
Project, including those necessary to enable the borrowing of material or the disposal of
dredged or excavated material. The Government in a timely manner shall provide the Non -
Federal Sponsor with general written descriptions, including maps as appropriate, of such
relocations in detail sufficient to enable the Non - Federal Sponsor to fulfill its obligations
under this paragraph, and shall provide the Non - Federal Sponsor with a written notice to
proceed with such relocations. Prior to the issuance of the solicitation for each Government
contract for construction of the Project, or prior to the Government incurring any financial
obligations for construction of a portion of the Project using the Government's oven
forces, the Non - Federal Sponsor shall prepare or ensure the preparation of plans and
specifications for, and perform or ensure the performance of, all relocations the Government
determines to be necessary for that work. Furthermore, prior to the end of the period of
construction, the Non - Federal Sponsor shall perform or ensure performance of all
relocations as set forth in such descriptions.
C. The Government, after consultation with the Non - Federal Sponsor, shall
determine the improvements required on lands, easements, and rights-of-way to enable the
disposal of dredged or excavated material associated with construction, operation, and
maintenance of the Project. Such improvements may include, but are not necessarily
limited to, retaining dikes, wasteweirs, bulkheads, embankments, monitoring features,
stilling basins, and de- watering pumps and pipes. The Government in a timely manner shall
provide the Non - Federal Sponsor with general written descriptions, including maps as
appropriate, of such improvements in detail sufficient to enable the Non - Federal Sponsor to
fulfill its obligations under this paragraph, and shall provide the Non - Federal Sponsor with a
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written notice to proceed with construction of such improvements. Prior to the issuance of
the solicitation for each Government contract for construction of the Project, or prior to the
Government incurring any financial obligations for construction of a portion of the
Project using the Government's own forces, the Non - Federal Sponsor shall prepare plans
and specifications for all improvements the Government determines to be required for the
disposal of dredged or excavated material under that contract, submit such plans and
specifications to the Government for approval, and provide such improvements in
accordance with the approved plans and specifications. Furthermore, prior to the end of the
period of construction, the Non - Federal Sponsor shall provide all improvements set forth in
such descriptions.
D. The Non- Federal Sponsor shall comply with the applicable provisions of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public
Law 91 -646, as amended (42 U.S.C. 46014655), and the Uniform Regulations contained in
49 C.F.R. Part 24, in acquiring lands, easements, and rights -of -way required for
construction, operation, and maintenance of the Project, including those required for
relocations, the borrowing of material, or the disposal of dredged or excavated material, and
shall inform all affected persons of applicable benefits, policies, and procedures in
connection with said Act.
ARTICLE IV - CREDIT FOR VALUE OF LANDS, EASEMENTS, RIGHTS -OF -WAY,
RELOCATIONS, AND DISPOSAL AREA IMPROVEMENTS
A. The Government shall include in total project costs and afford credit toward the
Non - Federal Sponsor's share of total project costs• for the value of the lands, easements, and
rights- of-way that the Non - Federal Sponsor must provide pursuant to Article III.A. of this
Agreement; for the value of the relocations that the Non - Federal Sponsor must perform or
for which it must ensure performance pursuant to Article III.B. of this Agreement; and for
the value of the improvements required on lands, easements, and rights -of -way to enable the
disposal of dredged or excavated material that the Non - Federal Sponsor must provide
pursuant to Article III.C. of this Agreement. However, no amount shall be included in total
project costs, no credit shall be afforded, and no reimbursement shall be provided for the
value of any lands, easements, rights -0f - -way, relocations, or improvements required on
lands, easements, and rights-of-way to enable the disposal of dredged or excavated material
that have been provided previously as an item of cooperation for another Federal project. In
addition, no amount shall be included in total project costs, no credit shall be afforded, and
no reimbursement shall be provided for the value of lands, easements, rights -of -way,
relocations, or improvements required on lands, easements, and rights -of -way to enable the
disposal of dredged or excavated material that were acquired or performed using Federal
program funds unless the Federal agency providing the funds verifies in writing that such
funds are authorized to be used to carry out the Project.
B. The Non - Federal Sponsor in a timely manner shall provide the Government with
such documents as are sufficient to enable the Government to determine the value of any
contribution provided pursuant to Article III.A., Article I II.B., or Article III.C. of this
RES.A Page 157 of 280
Agreement. Upon receipt of such documents, the Government in a timely manner shall
determine the value of such contributions for the purpose of including such value in total
project costs and for determining the amount of credit to be afforded or reimbursement to
be provided in accordance with the provisions of this Agreement.
C. For the purposes of determining the value to be included in total project costs
and the amount of credit to be afforded or reimbursement to be provided in accordance with
this Agreement and except as otherwise provided in paragraph G. of this Article, the value
of lands, easements, and rights -of -way, including those required for relocations, the
borrowing of material, and the disposal of dredged or excavated material, shall be the fair
market value of the real property interests, plus certain incidental costs of acquiring those
interests, as determined in accordance with the provisions of this paragraph.
1. Date of Valuation. The fair market value of lands, easements, or rights -
of -way owned by the Non - Federal Sponsor on the effective date of this Agreement shall be
the fair market value of such real property interests as of the date the Non- Fed era] Sponsor
provides the Government with authorization for entry thereto. The fair market value of
lands, easements, or rights -of -way acquired by the Non - Federal Sponsor after the effective
date of this Agreement shall be the fair market value of such real property interests at the
time the interests are acquired.
2. General Valuation Procedure. Except as provided in paragraph C.3. or
paragraph C:5. of this Article, the fair market value of lands, easements, or rights -of -way
shall be determined in accordance with the provisions of this paragraph.
a. The Non - Federal Sponsor shall obtain, for each real property
interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non -
Federal Sponsor and the Government. The Non - Federal Sponsor shall provide the
Government with the appraisal no later than 5 months after the Non - Federal Sponsor
provides the Government with an authorization for entry for such real property interest.
The appraisal must be prepared in accordance with the applicable rules of just
compensation, as specified by the Government. The fair market value shall be the amount
set forth in the Non - Federal Sponsor's appraisal, if such appraisal is approved by the
Government. In the event the Government does not approve the Non - Federal Sponsor's
appraisal, the Non - Federal Sponsor may obtain a second appraisal, and the fair mark_ et value
shall be the amount set forth in the Non - Federal Sponsor's second appraisal, if such
appraisal is approved by the Government. In the event the Government does not approve
the Non - Federal Sponsor's second appraisal, the Non - Federal Sponsor chooses not to obtain
a second appraisal, or the Non - Federal Sponsor does not provide the first appraisal as
required in this paragraph, the Government shall obtain an appraisal, and the fair market
value shall be the amount set forth in the Government's appraisal, if such appraisal is
approved by the Non - Federal Sponsor. In the event the Non - Federal Sponsor does not
approve the Government's appraisal, the Government, after consultation with the Non -
Federal Sponsor, shall consider the Government's and the Non - Federal Sponsor's appraisals
and determine an amount based thereon, which shall be deemed to be the fair market value.
12
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b. Where the amount paid or proposed to be paid by the Non - Federal
Sponsor for the real property interest exceeds the amount determined pursuant to paragraph
C.2.a. of this Article, the Government, at the request of the Non - Federal Sponsor, shall
consider all factors relevant to determining fair market value and, in its sole discretion, after
consultation with the Non - Federal Sponsor, may approve in writing an amount greater than
the amount determined pursuant to paragraph C.2.a. of this Article, but not to exceed the
amount actually paid or proposed to be paid. If the Government.approves such an amount,
the fair market value shall be the lesser of the approved amount or the amount paid by the
Non - Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.a.
of this Article.
3. Eminent Domain Valuation Procedure. For lands, easements, or rights -
of -way acquired by eminent domain proceedings instituted after the effective date of this
Agreement, the Non - Federal Sponsor, prior to instituting such proceedings, shall submit to
the Government notification in writing of its intent to institute such proceedings and an
appraisal of the specific real property interests to be acquired in such proceedings. The
Government shall have 60 calendar days after receipt of such a notice and appraisal within
which to review the appraisal, if not previously approved by the Government in writing.
a. If the Government previously has approved the appraisal in
writing, or if the Government provides written approval of, or takes no action on, the
appraisal within such 60 day period, the Non - Federal Sponsor shall use the amount set forth
in such appraisal as the estimate of just compensation for the purpose of instituting the
eminent domain proceeding.
b. If the Government provides written disapproval of the appraisal,
including the reasons for disapproval, within such 60 day period, the Government and the
Non - Federal Sponsor shall consult in good faith to promptly resolve the issues or areas of
disagreement that are identified in the Government's written disapproval. If, after such
good faith consultation, the Government and the Non- Federal Sponsor agree as to an
appropriate amount, then the Non - Federal Sponsor shall use that amount as the estimate of
just compensation for the purpose of instituting the eminent domain proceeding. If, after
such good faith consultation, the Government and the Non - Federal Sponsor cannot agree as
to an appropriate amount, then the Non - Federal Sponsor may use the amount set forth in its
appraisal as the estimate of just compensation for the purpose of instituting the eminent
domain proceeding.
c. For lands, easements, or rights -of -way acquired by eminent
domain proceedings instituted in accordance with paragraph C.3. of this Article, fair market
value shall be either the amount of the court award for the real property interests taken, to
the extent the Government determined such interests are required for construction,
operation, and maintenance of the Project, or the amount of any stipulated settlement or
portion thereof that the Government approves in writing.
4. Incidental Costs. For lands, easements, or rights -of -way acquired by the
Non - Federal Sponsor within a five year period preceding the effective date of this
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Agreement, or at any time after the effective date of this Agreement, the value of the interest
shall include the documented incidental costs of acquiring the interest, as determined by the
Government, subject to an audit in accordance with Article X.C. of this Agreement to
determine reasonableness, allocability, and allowability of such costs. In the event the
Government modifies its determination made pursuant to Article III.A. of this
Agreement, the Government shall afford credit for the documented incidental costs
associated with preparing to acquire the lands, easements, or rights -of -way identified in
the original determination, subject to an audit in accordance with Article X.C. of this
Agreement to determine reasonableness, allocability, and allowability of such costs.
Such incidental costs shall include, but not necessarily be limited to, closing and title costs,
appraisal costs, survey costs, attorney's fees, plat maps, mapping costs, actual amounts
expended for payment of any relocation assistance benefits provided in accordance with
Article ULD. of this Agreement, and other payments by the Non- Federal Sponsor for
items that are generally recognized as compensable, and required to be paid, by
applicable state law due to the acquisition of a real property interest in accordance with
Article III of this Agreement. The value of the interests provided by the Non - Federal
Sponsor in accordance with Article II1.A. of this Agreement shall also include the
documented costs of obtaining appraisals pursuant to paragraph C.2. of this Article, as
determined by the Government, and subject to an audit in accordance with Article X.C.
of this Agreement to determine reasonableness, allocability, and allowability of such
costs.
5. Waiver of Appraisal. Except as required by paragraph C.3. of this
Article, the Government may waive the requirement for an appraisal pursuant to this
paragraph if it determines that an appraisal is unnecessary because the valuation is
uncomplicated and that the estimated fair market value of the real property interest is
$10,000 or less based upon a review_ of available data. In such event, the Government
and the Non - Federal Sponsor must agree in writing to the value of such real property
interest in an amount not in excess of $10,000.
D. After consultation with the Non- Federal Sponsor, the Government shall
determine the value of relocations in accordance with the provisions of this paragraph.
1. For a relocation other than a highway, the value shall be only that portion
of relocation costs that the Government determines is necessary to provide a functionally
equivalent facility, reduced by depreciation, as applicable, and by the salvage value of any
removed items.
2. For a relocation of a highway, the value shall be only that portion of
relocation costs that would be necessary to accomplish the relocation in accordance with the
design standard that the State of Washington would apply under similar conditions of
geography and traffic load, reduced by the salvage value of any removed items.
3. Relocation costs shall include, but not necessarily be limited to, actual
costs of performing the relocation; planning, engineering and design costs; supervision and
administration costs; and documented incidental costs associated with performance of the
relocation, as determined by the Government. Relocation costs shal I not include any costs
RES.A Page 160 of 280
due to betterments, as determined by the Government, nor any additional cost of using new
material when suitable used material is available. Relocation costs shall be subject to an
audit in accordance with Article X.C. of this Agreement to determine reasonableness,
allocability, and allowability of such costs.
E. The value of the improvements required on lands, easements, and rights -of -way
to enable the disposal of dredged or excavated material shall be the costs of the
improvements, as determined by the Government, subject to an audit in accordance with
Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of
such costs. Such costs shall include, but not necessarily be limited to, actual costs of
providing the improvements; planning, engineering and design costs; supervision and
administration costs; and documented incidental costs associated with providing the
improvements, but shall not include any costs due to betterments, as determined by the
Government.
F. Any credit afforded or reimbursement provided under the terms of this
Agreement for the value of relocations, or improvements required on lands, easements,
and rights -of -way to enable the disposal of dredged or excavated material, performed within
the Project boundaries is subject to satisfactory compliance with applicable Federal labor
laws covering non - Federal construction, including, but not limited to, 40 U.S.C. 3141-
3148 and 40 U.S.C. 3701 -3708 (revising, codifying and enacting without substantive
change the provisions of the Davis -Bacon Act (formerly 40 U.S.C. 276a et seq.), the
Contract Work Hours and Safety Standards Act (formerly 40 U.S.C. 327 et seq.) and the
Copeland Anti - Kickback Act (formerly 40 U.S.C. 276c)). Notwithstanding any other
provision of this. Agreement, credit or reimbursement may be withheld, in whole or in
part, as a result of the Non - Federal Sponsor's failure to comply with its obligations under
these laws.
G. Where the Government, on behalf of the Non - Federal Sponsor pursuant to
Article II.G. 1. of this Agreement, acquires lands, easements, or rights-of-way, performs
relocations, or constructs improvements required on lands, easements, or rights -of -way to
enable the disposal of dredged or excavated material, the value to be included in total
project costs and the amount of credit to be afforded or the amount of reimbursement
provided in accordance with this Agreement shall be the costs of such work performed or
provided by the Government that are paid by the Non - Federal Sponsor in accordance
with Article VI.D. of this Agreement. In addition, the value to be included in total
project costs and the amount of such credit to be afforded or the amount of
reimbursement provided in accordance with this Agreement shall include the documented
costs incurred by the Non - Federal Sponsor in accordance with the terms and conditions
agreed upon in writing pursuant to Article II.G.1. of this Agreement subject to an audit in
accordance with Article X.C. of this Agreement to determine reasonableness, allocability,
and allowability of such costs.
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ARTICLE V - PROJECT COORDINATION TEAM
A. To provide for consistent and effective communication, the Non - Federal Sponsor
and the Government, not later than 30 calendar days after the effective date of this
Agreement, shall appoint named senior representatives to a Project Coordination Team.
Thereafter, the Project Coordination Team shall meet regularly until the end of the period of
construction. The Government's Project Manager and a counterpart named by the Non -
Federal Sponsor shall co -chair the Project Coordination Team.
B. The Government's Project Manager and the Non- Federal Sponsor's counterpart
shall keep the Project Coordination Team informed of the progress of construction and of
significant pending issues and actions, and shall seek the views of the Project Coordination
Team on matters that the Project Coordination Team generally oversees.
C. Until the end of the period of construction, the Project Coordination Team shall
generally oversee the Project, including matters related to: plans and specifications;
scheduling; real property and relocation requirements; real property acquisition; contract
awards and modifications; contract costs; the application of and compliance with 40
U.S.C. 3141 -3148 and 40 U.S.C. 3701 -3708 (revising, codifying and enacting without
substantive change the provisions of the Davis -Bacon Act (formerly 40 U.S.C. 276a et
seq.), the Contract Work Hours and Safety Standards Act (formerly 40 U.S.C. 327 et
seq.) and the Copeland Anti- Kickback Act (formerly 40 U.S.C. 276c)) for relocations and
improvements required on lands, easements, and rights -of -way to enable the disposal of
dredged or excavated material; the investigations to identify the existence and extent of
hazardous substances in accordance with Article XfV.A. of this Agreement; historic
preservation activities in accordance with Article XVIi of this Agreement; the
Government's cost projections; final inspection of the entire Project or functional portions
of the Project; preparation of the proposed OMRR &R Manual; finalization of the
monitoring plan; performance of monitoring and adaptive management; anticipated
requirements and needed capabilities for performance of operation, maintenance, repair,
rehabilitation, and replacement of the Project including issuance of permits; and other
matters related to the Project. This oversight of the Project shall be consistent with a project
management plan developed by the Government after consultation with the Non - Federal
Sponsor.
D. The Project Coordination Team may make recommendations to the District
Engineer on matters related to the Project that the Project Coordination Team generally
oversees, including suggestions to avoid potential sources of dispute. The Government in
good faith shall consider the recommendations of the Project Coordination Team.. The
Government, having the legal authority and responsibility for construction of the Project,
has the discretion to accept or reject, in whole or in part, the Project Coordination Team's
recommendations.
E. The Non - Federal Sponsor's costs of participation in the Project Coordination
Team shall be included in total project costs and shared in accordance with the provisions
of this Agreement, subject to an audit in accordance with Article X.C. of this Agreement
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to determine reasonableness, allocability, and allowability of such costs. The
Government's costs of participation in the Project Coordination Team shall be included
in total project costs and shared in accordance with the provisions of this Agreement.
ARTICLE VI - METHOD OF PAYMENT
A. In accordance with the provisions of this paragraph, the Government shall
maintain current records and provide to the Non - Federal Sponsor current projections of
costs, financial obligations, contributions provided by the parties, and the value included
in total project costs for lands, easements, rights -of =way, relocations, and improvements
required on lands, easements, and rights -of -way to enable the disposal of dredged or
excavated material determined in accordance with Article IV of this Agreement.
1. As of the effective date of this Agreement, total project costs are
projected to be $5,738,048; the value included in total project costs for lands, easements,
rights -of -way, relocations, and improvements required on lands, easements, and rights -of-
way to enable the disposal of dredged or excavated material determined in accordance with
Article IV of this Agreement is projected to be $900,000; the value of the Non - Federal
Sponsor's contributions under Article V, Article X, and Article XIV.A. of this Agreement is
projected to be $40,000; the Non - Federal Sponsor's contribution of funds required by
Article II.B.2. of this Agreement is projected to be $707,101.80; the non- Federal
proportionate share is projected to be 22.26 percent; the Non - Federal Sponsor's
contribution of funds required by Article XVII.B.3. of this Agreement is projected to be
$0; and the Government's total financial obligations for the additional work to be
incurred and the Non- Federal Sponsor's contribution of funds for such costs required by
Article 1I.G. of this Agreement are projected to be $0. These amounts and percentage are
estimates subject to adjustment by the Government, after consultation with the Non -
Federal Sponsor, and are not to be construed as the total financial responsibilities of the
Government and the Non - Federal Sponsor.
2. By January 2015 and by each quarterly anniversary thereof until the
conclusion of the period of construction and resolution of all relevant claims and appeals
and eminent domain proceedings, the Government shall provide the Non - Federal Sponsor
with a report sett.ing forth all contributions provided to date and the current projection_ s of
the following: total project costs; the value included in total project costs for lands,
easements, rights -of -way, relocations, and improvements required on lands, easements,
and rights -of -way to enable the disposal of dredged or excavated material determined in
accordance with Article IV of this Agreement; the value of the Non - Federal Sponsor's
contributions under Article V, Article X, and Article XIV.A. of this Agreement; the Non -
Federal Sponsor's total contribution of funds required by Article II.B.2. of this
Agreement; the non- Federal proportionate share; the Non- Federal Sponsor's total
contribution of funds required by Article XVII.B.3. of this Agreement; the total
contribution of funds required from the Non - Federal Sponsor for the upcoming fiscal
year; the maximum amount determined in accordance with Article XX of this
Agreement; and the Government's total financial obligations for additional work incurred
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RES.A Page 163 of 280
and the Non- Federal Sponsor's contribution of funds for such costs required by Article
II.G. of this Agreement.
B. The Non - Federal Sponsor shall provide the contributions of funds required by
Article II.B.2. and Article XVII.B.3. of this Agreement in accordance with the provisions
of this paragraph.
1. Not less than 30 calendar days prior to the scheduled date for issuance
of the solicitation for the first contract for construction of the Project or commencement
of construction of the Project using the Government's own forces, the Government shall
notify the Non - Federal Sponsor in writing of such scheduled date and the funds the
Government determines to be required from the Non - Federal Sponsor, after consideration
of any cash contribution provided by a non - Federal interest pursuant to the terms of the
Design Agreement, to meet: (a) the non - Federal proportionate share of financial
obligations for construction incurred prior to the commencement of the period of
construction; (b) the projected non - Federal proportionate share offinancral obligations
for construction to be incurred in the first fiscal year; or, if use of a continuing contract
has been approved pursuant to Federal laws, regulations, and policies, the projected non-
Federal proportionate share of financial obligations for construction through the first
fiscal year; and (c) the Non - Federal Sponsor's share of the projected financial obligations
for data recovery activities associated with historic preservation pursuant to Article
XVII.B.3. of this Agreement to be incurred in the first fiscal year; or, if use of a
continuing contract has been approved pursuant to Federal laws, regulations, and policies,
the Non - Federal Sponsor's share of the projected financial obligations for data recovery
activities associated with historic preservation pursuant to Article XVI1.B.3. of this
Agreement through the first fiscal year. Not later than such scheduled date, the Non -
Federal Sponsor shall provide the Government with the full amount of such required
funds by delivering a check payable to "FAO, USAED, Seattle District " to the District
Engineer, or verifying to the satisfaction of the Government that the Non - Federal
Sponsor has deposited such required funds in an escrow or other account acceptable to
the Government, with interest accruing to the Non - Federal Sponsor, or by presenting th_ e
Government with an irrevocable letter of credit acceptable to the Government for such
required funds, or by providing an Electronic Funds Transfer of such required funds in
accordance with procedures established by the Government.
2. Thereafter, until the construction of the Project is complete, the
Government shall notify the Non - Federal Sponsor in writing of the funds the Government
determines to be required from the Non- Federal Sponsor, and the Non - Federal Sponsor
shall provide such funds in accordance with the provisions of this paragraph.
a. Where the Govern ment will use a continuing contract approved
pursuant to Federal laws, regulations, and policies to make financial obligations for
construction of the Project or financial obligations for data recovery activities associated
with historic preservation pursuant to Article XVII.B.3. of this Agreement, the
Government shall notify the Non - Federal Sponsor in writing, no later than 60 calendar
days prior to the beginning of each fiscal year in which the Government projects that it
18
RES.A Page 164 of 280
Will make such financial obligations, of the funds the Government determines to be
required from the Non - Federal Sponsor, after consideration of any cash contribution
provided by a non - Federal interest pursuant to the terms of the Design Agreement, to
meet: (a) the projected non - Federal proportionate share of financial obligations for
construction for that fiscal year for such continuing contract and (b) the Non - Federal
Sponsor's share of the projected financial obligations for data recovery activities
associated with historic preservation pursuant to Article XVII.B.3. of this Agreement for
that fiscal year for such continuing contract. No later than 30 calendar days prior to the
beginning of that fiscal year, the Non - Federal. Sponsor shall make the full amount of such
required funds for that fiscal year available to the Government through any of the
payment mechanisms specified in paragraph B.1. of this Article.
b. For each contract for the Project where the Government will
not use a continuing contract to make financial obligations for construction or financial
obligations for data recovery activities associated with historic preservation pursuant to
Article XVII.B.3. of this Agreement, the Government shall notify the Non - Federal
Sponsor in writing, no later than 60 calendar days prior to the scheduled date for issuance
of the solicitation for such contract, of the funds the Government determines to be
required from the Non - Federal Sponsor, after consideration of any cash contribution
provided by a non - Federal interest pursuant to the terms of the Design Agreement, to
meet: (a) the projected non - Federal proportionate share of financial obligations for
construction to be incurred for such contract and (b) the Non - Federal Sponsor's share of
the projected financial obligations for data recovery activities associated with historic
preservation pursuant to Article XVII.B.3. of this Agreement to be incurred for such
contract. No later than such scheduled date, the Non - Federal Sponsor shall make the full
amount of such required funds available to the Government through any of the payment
mechanisms specified in paragraph B.I I. of this Article.
c. Where the Government projects that it will make financial
obligations for construction of the Project using the Government's own forces or
financial obligations for data recovery activities associated with historic preservation
pursuant to Article XVII.B.3. of this Agreement using the Government's own forces, the
Government shall notify the Non - Federal Soonsor in writing, no later than 60 calendar
days prior to the beginning of each fiscal year in which the Government projects that it
will make such fin_ ancial obligations, of the funds the Government determines to be
required from the Non - Federal Sponsor, after consideration of any cash contribution
provided by a non- Federal interest pursuant, to the terms of the Design Agreement, to
meet: (a) the projected non - Federal proportionate share of financial obligations for
construction using the Government's own forces for that fiscal year and (b) the Non -
Federal Sponsor's share of the projected financial obligations for data recovery activities
associated with historic preservation pursuant to Article XVII:B.3. of this Agreement
using the Government's own forces for that fiscal year. No later than 30 calendar days
prior to the beginning of that fiscal year, the Non - Federal Sponsor shall make the full
amount of such required funds for that fiscal year available to the Government through
any of the payment mechanisms specified in paragraph B.1. of this Article.
19
RES.A Page 165 of 280
3. The Government shall draw from the fiinds provided by the Non -
Federal Sponsor such sums as the Government deems necessary, after consideration of
any contributions provided by a non - Federal interest pursuant to the terms of the Design
Agreement, to cover: (a) the non- Federal proportionate share of financial obligations for
construction incurred prior to the commencement of the period of construction; (b) the
non - Federal proportionate share of f nancial obligations for construction as financial
obligations for construction are incurred; and (c) the Non - Federal Sponsor's share of
financial obligations for data recovery activities associated with historic preservation
pursuant to Article XVII.B.3. of this Agreement as those financial obligations are
incurred. If at any time the Government determines that additional funds will be needed
from the Non - Federal Sponsor to cover the Non - Federal Sponsor's share of such
financial obligations in the current fiscal year, the Government shall notify the Non -
Federal Sponsor in writing of the additional funds required and provide an explanation of
why additional funds are required. Within 60 calendar days from receipt of such notice,
the Non - Federal Sponsor shall provide the Government with the full amount of such
additional required funds through any of the payment mechanisms specified in paragraph
B. 1. of this Article.
C. Upon the District Engineer's determination that, except for monitoring and
adaptive management, the entire Project is complete and all relevant claims and appeals
and eminent domain proceedings have been resolved, the Government shall conduct an
interim accounting and furnish the results to the Non - Federal Sponsor. Further, upon
conclusion of the period of construction and resolution of all relevant claims and appeals
and eminent domain proceedings, the Government shall amend the interim accounting to
complete the final accounting and furnish the results to the Non - Federal Sponsor. If
outstanding relevant claims and appeals or eminent domain proceedings prevent a final
accounting from being conducted in a timely manner, the Government shall conduct an
interim accounting or amend the previous interim accounting, as applicable, and furnish
the Non - Federal Sponsor with written notice of the results of such interim or amended
interim accounting, as applicable. Once all outstanding relevant claims and appeals and
eminent domain proceedings are resolved, the Government shall complete the final
accounting and furnish the Non - Federal Sponsor with written notice of the results of such
final accounting. The interim or final accounting, as applicable, shall determine total
project costs and the costs of any data recovery activities associated with historic
preservation. In addition, for each set of costs, the interim or final accounting, as
applicable, shall determine each party's required share thereof, and each party's total
contributions thereto as of the date of such accounting.
1. Should the interim or final accounting, as applicable, show that the
Non- Federal Sponsor's total required shares of total project costs and the costs of any
data recovery activities associated with historic preservation exceed the Non - Federal
Sponsor's total contributions provided thereto, the Non - Federal Sponsor, no later than 90
calendar days after receipt of written notice from the Government, shall make a payment
to the Government in an amount equal to the difference by delivering a check payable to
"FAO, USAED, Seattle District" to the District Engineer or by providing an Electronic
Funds Transfer in accordance with procedures established by the Government.
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RES.A Page 166 of 280
2. Should the interim or final accounting, as applicable, show that the
total contributions provided by the Non - Federal Sponsor for total project costs and the
costs of any data recovery activities associated with historic preservation exceed the Non -
Federal Sponsor's total required shares thereof, the Government, subject to the availability
of funds, shall refund or reimburse the excess amount to the Non - Federal Sponsor within
90 calendar days of the date of completion of such accounting. In the event the Non -
Federal Sponsor is due a refund or reimbursement and funds are not available to refund
or reimburse the excess amount to the Non - Federal Sponsor, the Government shall seek
such appropriations as are necessary to make the refund or reimbursement.
D. The Non - Federal Sponsor shall provide the contribution of funds required by
Article H.G. of this Agreement for additional work in accordance with the provisions of
this paragraph.
1. Not less than 90 calendar days prior to the scheduled date for the first
financial obligation for additional work, the Government shall notify the Non - Federal
Sponsor in writing of such scheduled date and of the full amount of funds the
Government determines to be required from the Non - Federal Sponsor to cover the costs
of the additional work. No later than 30 calendar days prior to the Government incurring
any financial obligation for additional work, the Non - Federal Sponsor shall provide the
Government with the full amount of the funds required to cover the costs of such
additional work through any of the payment mechanisms specified in paragraph B.1. of
this Article.
2. The Government shall draw from the funds provided by the Non -
Federal Sponsor such sums as the Government deems necessary to cover the
Governmert's financial obligations for such additional work as they are incurred. If at
any time the Government determines that the Non - Federal Sponsor must provide
additional funds to pay for such additional work, the Government shall notify the Non -
Federal Sponsor in writing of the additional funds required and provide an explanation of
why additional funds are required. Within 30 calendar days from receipt of such notice,
the Non - Federal Sponsor shall provide the Government with the full amount of such
additional required funds through any of the payment mechanisms specified in paragraph
B.1. of this Article.
3. At the time the Government conducts the interim or final accounting,
as applicable, the Government shall conduct an accounting of the Government's financial
obligations for additional work incurred and furnish the Non - Federal Sponsor with
Written notice of the results of such accounting. If outstanding relevant claims and
appeals or eminent domain proceedings prevent a final accounting of additional work
from being conducted in a timely manner, the Government shall conduct an interim
accounting of additional work and furnish the Non - Federal Sponsor with written notice of
the results of such interim accounting. Once all outstanding relevant claims and appeals
and eminent domain proceedings are resolved, the Government shall amend the interim
accounting of additional work to complete the final accounting of additional work and
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RES.A Page 167 of 280
furnish the Non - Federal Sponsor with written notice of the results of such final
accounting. Such interim or final accounting, as applicable, shall determine the
Government's total financial obligations for additional work and the Non - Federal
Sponsor's contribution of funds provided thereto as of the date of such accounting.
a. Should the interim or final accounting, as applicable, show that
the total obligations for additional work exceed the total contribution of funds provided
by the Non - Federal Sponsor for such additional work, the Non - Federal Sponsor, no later
than 90 calendar days after receipt of written notice from the Government, shall make a
payment to the Government in an amount equal to the difference by delivering a check
payable to "FAO, USAED, Seattle District" to the District Engineer or by providing an
Electronic Funds Transfer in accordance with procedures established by the Government.
b. Should the interim or final accounting, as applicable, show that
the total contribution of funds provided by the Non - Federal Sponsor for additional work
exceeds the total obligations for such additional work, the Government, subject to the
availability of funds, shall refund the excess amount to the Non- Federal Sponsor within
90 calendar days of the date of completion of such accounting. In the event the Non -
Federal Sponsor is due a refund and funds are not available to refund the excess amount
to the Non - Federal Sponsor, the Government shall seek such appropriations as are
necessary to make the refund.
ARTICLE VII - DISPUTE RESOLUTION
As a condition precedent to a party bringing any suit for breach of this
Agreement, that party must first notify the other party in writing of the nature of the
purported breach and seek in good faith to resolve the dispute through negotiation. If the
parties cannot resolve the dispute through negotiation, they may agree to a mutually
acceptable method of non- binding alternative dispute resolution with a qualified third
party acceptable to both parties. Each party shall pay an equal share of any costs for the
services provided by such a third party as such costs are incurred. The existence of a
dispute shall not excuse the parties from performance pursuant to this Agreement.
ARTICLE VIII - OPERATION, MAINTENANCE, REPAIR, REHABILITATION,
AND REPLACEMENT (OMRR &R)
A. Upon receipt of the notification from the District Engineer in accordance with
Article II.C. of this Agreement and for so long as the Project remains authorized, the Non -
Federal Sponsor, pursuant to Article II.D. of this Agreement, shall operate, maintain,
repair, rehabilitate, and replace the entire Project or functional portion of the Project, at no
cost to the Government. The Non - Federal Sponsor shall conduct its operation,
maintenance. repair, rehabilitation, and replacement responsibilities in a manner
compatible with the Project's authorized purposes and in accordance with applicable
Federal and State laws as provided in Article XI of this Agreement and specific directions
prescribed by the Government in the interim or final OMRR &R Manual and any
subsequent amendments thereto.
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B. The Non - Federal Sponsor hereby gives the Government a right to enter, at
reasonable times and in a reasonable manner, upon property that the Non- Federal Sponsor
now or hereafter owns or controls for access to the Project for the purpose of inspection and,
if necessary, for the purpose of completing, operating, maintaining, repairing, rehabilitating,
or replacing the Project. If an inspection shows that the Non - Federal Sponsor for any
reason is failing to perform its obligations under this Agreement, the Government shall send
a written notice describing the non - performance to the Non - Federal Sponsor. If, after 30
calendar days from receipt of such written notice by the Government, the Non - Federal
Sponsor continues to fail to perform, then the Government shall have the right to enter, at
reasonable times and in a reasonable mariner, upon property that the Non - Federal Sponsor
now or hereafter owns or controls for the purpose of completing, operating, maintaining,
repairing, rehabilitating, or replacing the Project. No completion, operation, maintenance,
repair, rehabilitation, or replacement by the Government shall relieve the Non - Federal
Sponsor of responsibility to meet the Non - Federal Sponsor's obligations as set forth in this
Agreement, or to preclude the Government from pursuing any other remedy at law or equity
to ensure faithful performance pursuant to this Agreement.
ARTICLE IX — HOLD AND SAVE
The Non - Federal Sponsor shall hold and save the Government free from all damages arising
from construction, monitoring, adaptive management, operation, maintenance, repair,
rehabilitation, and replacement of the Project and any betterments, except for damages due
to the fault or negligence of the Government or its contractors.
ARTICLE X - MAINTENANCE OF RECORDS AND AUDIT
A. Not later than 60 calendar days after the effective date of this Agreement, the
Government and the Non - Federal Sponsor shall develop procedures for keeping books,
records, documents, or other evidence pertaining to costs and expenses incurred pursuant to
this Agreement. These procedures shall incorporate, and apply as appropriate, the standards
for financial management systems set forth in the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments at 32 C.F.R. Section
33.20. The Government and the Non - Federal Sponsor shall maintain such books, records,
documents, or other evidence in accordance with these procedures and for a minimum of
three years after completion of the accounting for which such books, records, documents, or
other evidence were required. To the extent permitted under applicable Federal laws and
regulations, the Government and the Non - Federal Sponsor shall each allow the other to
inspect such books, records, documents, or other evidence.
B. In accordance with 32 C.F.R. Section 33.26, the Non - Federal Sponsor is
responsible for complying with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-
7507), as implemented by Office of Management and Budget (OMB) Circular No. A -133
and Department of Defense Directive 7600.10. Upon request of the Non - Federal Sponsor
and to the extent permitted under applicable Federal laws and regulations, the Govemment
23
RES.A Page 169 of 280
shall provide to the Non - Federal Sponsor and independent auditors any information
necessary to enable an audit of the Non - Federal Sponsor's activities under this Agreement.
The costs of any non - Federal audits performed in accordance with this paragraph shall be
allocated in accordance with the provisions of OMB Circulars A -87 and A -133, and such
costs as are allocated to the Project shall be included in coral project costs and shared in
accordance with the provisions of this Agreement.
C. In accordance with 31 U.S.C. 7503, the Government may conduct audits in
addition to any audit that the Non - Federal Sponsor is required to conduct under the Single
Audit Act Amendments of 1996. Any such Government audits shall be conducted in
accordance with Government Auditing Standards and the cost principles in OMB Circular
No. A -87 and other applicable cost principles and regulations. The costs of Government
audits performed in accordance with this paragraph shall be included in total project costs
and shared in accordance with the provisions of this Agreement.
ARTICLE XI - FEDERAL AND STATE LAWS
In the exercise of their respective rights and obligations under this Agreement, the
Non - Federal Sponsor and the Government shall comply with all applicable Federal and
State laws and regulations, including, but not limited to: Section 601 of the Civil Rights
Act of 1964, Public Law 88 -352 (42 U.S.C. 2000d) and Department of Defense Directive
5500.11 issued pursuant thereto; Army Regulation 600 -7, entitled "Nondiscrimination on
the Basis of Handicap in Programs and Activities Assisted or Conducted by the
Department of the Army "; and all applicable Federal labor standards requirements
including, but not limited to, 40 U.S.C. 3141 -3148 and 40 U.S.C. 3701 -3708 (revising,
codifying and enacting without substantive change the provisions of the Davis -Bacon Act
(formerly 40 U.S.C. 276a et seq.), the Contract Work Hours-and Safety Standards Act
(formerly 40 U.S.C. 327 et seq.) and the Copeland Anti - Kickback Act (formerly 40
U.S.C. 276c)).
ARTICLE X11 - RELATIONSHIP OF PARTIES
A. In the exercise of their respective rights and obligations under this Agreement,
the Government and the Non - Federal Sponsor each act in an independent capacity, and
neither is to be considered the officer, agent, or employee of the other.
B. In the exercise of its rights and obligations under this Agreement, neither party
shall provide, without the consent of the other party, any contractor with a release that
waives or purports to waive any rights the other party may have to seek relief or redress
against that contractor either pursuant to any cause of action that the other party may have or
for violation of any law.
24
RES.A Page 170 of 280
ARTICLE XIII - TERMINATION OR SUSPENSION
A. If at anytime the Non - Federal Sponsor fails to fulfill its obligations under this
Agreement, the Assistant Secretary of the Army (Civil Works) shall terminate this
Agreement or suspend future performance under this Agreement unless the Assistant
Secretary of the Army (Civil Works) determines that continuation of work on the Project is
in the interest of the United States or is necessary in order to satisfy agreements with any
other non - Federal interests in connection with the Project.
B. In the event the Government projects that the amount of Federal funds the
Government will make available to the Project through the then - current fiscal year, or the
amount of Federal funds the Government will make available for the Project through the
upcoming fiscal year, is not sufficient to meet the Federal share of total project costs and
the Federal share of costs for data recovery activities associated with historic preservation
in accordance with Article XVII.B.2. and Article XVII.B.3. of this Agreement that the
Government projects to be incurred through the then - current or upcoming fiscal year, as
applicable, the Goverrfinent shall notify the Non - Federal Sponsor in writing of such
insufficiency of funds and of the date the Government projects that the Federal funds that
will have been made available to the Project will be exhausted. Upon the exhaustion of
Federal funds made available by the Government to the Project, future performance
under this Agreement shall be suspended. Such suspension shall remain in effect until
such time that the Government notifies the Non-Federal Sponsor in writing that sufficient
Federal funds are available to meet the Federal share of total project costs and the
Federal share of costs for data recovery activities associated with historic preservation in
accordance with Article XVII.B.2. and Article XVII.B.3. of this Agreement the
Government projects to be incurred through the then - current or upcoming fiscal year, or
the Govemment or the Non - Federal Sponsor elects to terminate this Agreement.
C. In the event that the Government and the Non - Federal Sponsor determine to
suspend future performance under this Agreement in accordance with Article XIV.C. of
this Agreement, such suspension shall remain in effect until the Government and the
Non - Federal Sponsor agree to proceed or to terminate this Agreement. In the event that
the Government suspends future performance under this Agreement in accordance with
Article XIV.C. of this Agreement due to failure to reach agreement with the Non - Federal
Sponsor on whether to proceed or to terminate this Agreement, or the failure of the Non -
Federal Sponsor to provide funds to pay for cleanup and response costs or to otherwise
discharge the Non - Federal Sponsor's responsibilities under Article XIV.C. of this
Agreement, such suspension shall remain in effect until: l) the Government and Non -
Federal Sponsor reach agreement on how to proceed or to terminate this Agreement; 2)
the Non - Federal Sponsor provides funds necessary to pay for cleanup and response costs
and otherwise discharges its responsibilities under Article XIV.C. of this Agreement; 3)
the Government continues work on the Project; or 4) the Government terminates this
Agreement in accordance with the provisions of Article XIV.C. of this Agreement.
D. In the event that this Agreement is terminated pursuant to this Article or Article
XIV.C. of this Agreement, both parties shall conclude their activities relating to the Project
25
RES.A Page 171 of 280
and conduct an accounting in accordance with Article VI.C. of this Agreement. To provide
for this eventuality, the Government may reserve a percentage of total Federal funds
made available for the Project and an equal percentage of the total funds contributed by
the Non - Federal Sponsor in accordance with Article 11.13.2. and Article XVII.B.3. of this
Agreement as a contingency to pay costs of termination, including any costs of resolution
of contract claims and contract modifications.
E. Any termination of this Agreement or suspension of Future performance under
this Agreement in accordance with this Article or Article XIV.C. of this Agreement shall
not relieve the parties of liability for any obligation previously incurred. Any delinquent
payment owed by the Non - Federal Sponsor shall be charged interest at a rate, to be
determined by the Secretary of the Treasury, equal to 150 per centum of the average bond
equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on
which such payment became delinquent, or auctioned immediately prior to the beginning of
each additional 3 month period if the period of delinquency exceeds 3 months.
ARTICLE XIV - HAZARDOUS SUBSTANCES
A. After execution of this Agreement and upon direction by the District Engineer,
the Non- Federal Sponsor shall perform, or ensure performance of, any investigations for
hazardous substances that the Government or the Non - Federal Sponsor determines to be
necessary to identify the existence and extent of any hazardous substances regulated under
the Comprehensive Environmental Response, Compensation, and Liability Act (hereinafter
"CERCLA ") (42 U.S.C. 9601 - 9675), that may exist in, on, or under lands, easements, and
rights -of -way that the Government determines, pursuant to Article Ill of this Agreement, to
be required for construction, operation, and maintenance of the Project. However, for lands,
easements, and rights -of -way that the Government determines to be subject to the navigation
servitude, only the Government shall perform such investigations unless the District
Engineer provides the Non - Federal Sponsor with prior specific wri tten direction, in which_
case the Non - Federal Sponsor shall perform such investigations in accordance with such
written direction.
1. All actual costs incurred by the Non - Federal Sponsor for such
investigations for hazardous substances shall be included in total project costs and shared in
accordance with the provisions of this Agreement, subject to an audit in accordance with
Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of
such costs.
2. All actual costs incurred by the Government for such investigations for
hazardous substances shall be included in total project costs and shared in accordance
with the provisions of this Agreement.
B. In the event it is discovered through any investigation for hazardous substances
or other means that hazardous substances regulated under CERCLA exist in, on, or under
any lands, easements, or rights -of -way that the Government determines, pursuant to Article
Ill of this Agreement, to be required for construction, operation, and maintenance of the
26
RES.A Page 172 of 280
Project, the Non - Federal Sponsor and the Government, in addition to providing any other
notice required by applicable law, shall provide prompt written notice to each other, and the
Non - Federal Sponsor shall not proceed with the acquisition of the real property interests
until the parties agree that the Non - Federal Sponsor should proceed.
C. The Government and the Non - Federal Sponsor shall determine whether to
initiate construction of the Project, or, if already in construction, whether to continue with
construction of the Project, suspend future performance under this Agreement, or terminate
this Agreement for the convenience of the Government, in any case where hazardous
substances regulated under CERCLA are found to exist in, on, or under any lands,
easements, or rights -of -way that the Government determines, pursuant to Article III of this
Agreement, to be required for construction, operation, and maintenance of the Project.
Should the Government and the Non - Federal Sponsor determine to initiate or continue with
construction of the Project after considering any liability that may arise under CERCLA, the
Non - Federal Sponsor shall be responsible, as between the Government and the Non- Federal
Sponsor, for the costs of cleanup and response, including the costs of any studies acid
investigations necessary to determine an appropriate response to the contamination. Such
costs shall not be considered apart of total project costs. In the event the Non - Federal
Sponsor does not reach agreement with the Government on whether to proceed or to
terminate this Agreement under this paragraph, or fails to provide any funds necessary to
pay for cleanup and response costs or to otherwise discharge the Non - Federal Sponsor's
responsibilities under this paragraph upon direction by the Government, the Government, in
its sole discretion, may either terminate this Agreement for the convenience of the
Government, suspend future performance under this Agreement, or continue work on the
Project.
D. The Non - Federal Sponsor and the Government shall consult with each other in
accordance with Article V of this Agreement in an effort to ensure that responsible parties
bear any necessary cleanup and response costs as defined in CERCLA. Any decision made
pursuant to paragraph C. of this Article shall not relieve any third party from any liability
that may arise under CERCLA.
E. As between the Government and the Non - Federal Sponsor, the Non - Federal
Sponsor shall be considered the operator of the Project for purposes of CERCLA liability.
To the maximum extent practicable, the Non - Federal Sponsor shall operate, maintain,
repair, rehabilitate, and replace the Project in a manner that will not cause liability to arise
under CERCLA.
ARTICLE XV - NOTICES
A. Any notice, request, demand., or other communication required or permitted to be
given under this Agreement shall be deemed to have been duly given if in writing and
delivered personally or sent by telegram or mailed by first- class, registered, or certified mail,
as follows:
27
RES.A Page 173 of 280
If to the Non - Federal Sponsor:
Environmental Services Manager
City of Auburn
25 West Main Street
Auburn, WA 98001
If to the Government:
Chief, Planning Branch, PPMD
Seattle District, Corps of Engineers
P.O. Box 3755
Seattle, WA 98124 -3755
B. A party may change the address to which such communications are to be
directed by giving written notice to the other party in the manner provided in this Article.
C. Any notice, request, demand, or other communication made pursuant to this
Article shall be deemed to have been received by the addressee at the earlier of such time as
it is actually received or seven calendar days after it is mailed.
ARTICLE XVI - CONFIDENTIALITY
To the extent permitted by the laws governing each parry, the parties agree to
maintain the confidentiality of exchanged inform_ ation when requested to do so by the
providing party.
ARTICLE XVII - HISTORIC PRESERVATION
A. The Government, as it determines necessary for the Project, shall perform any
identification, survey, or evaluation of historic properties. Any costs incurred by the
Government for such work shall be included in total project costs and shared in
accordance with the provisions of this Agreement.
B. The Government, as it determines necessary for the Project, shall perform or
ensure the performance of any mitigation activities or actions for historic properties or
that are otherwise associated with historic preservation including data recovery activities.
1. Any costs incurred by the Government for such mitigation activities,
except for data recovery activities associated with historic preservation, shall be included
in total project costs and shared in accordance with the provisions of this Agreement.
2. As specified in Section 7(a) of Public Law 86 -523, as amended by Public
Law 93 -291 (16 U.S.C. 469c(a)), the costs of data recovery activities associated with
28
RES.A Page 174 of 280
historic preservation shall be borne entirely by the Government and shall not be included in
total project costs, up to the statutory limit of one percent of the total amount authorized to
be appropriated to the Government for the Project.
3. The Government shall not incur costs for data recovery activities
associated with historic preservation that exceed the statutory one percent limit specified in
paragraph B.2. of this Article unless and until the Assistant Secretary of the Army (Civil
Works) has waived that limit and the Secretary of the Interior has concurred in the waiver
in accordance with Section 208(3) of Public Law 96 -515, as amended (16 U.S.C. 469c-
2(3)). Any costs of data recovery activities associated with historic preservation that exceed
the one percent limit shall not be included in total project costs but shall be shared between
the Non - Federal Sponsor and the Government consistent with the cost sharing requirements
for ecosystem restoration, as follows: 35 percent will be borne by the Non - Federal Sponsor
and 65 percent will be borne by the Government.
C. If, during its performance of relocations or construction of improvements
required on lands, easements, and rights -of -way to enable the disposal of dredged or
excavated material in accordance with Article III of this Agreement, the Non - Federal
Sponsor discovers historic properties or other cultural resources that have not been evaluated
by the Govemment pursuant to this Art icle, the Non - Federal Sponsor shall provide prompt
written notice to the Government of such discovery. The Non - Federal Sponsor shall not
proceed with performance of the relocation or construction of the improvement that is
related to such discovery until the Government provides written notice to the Non - Federal
Sponsor that it should proceed with such work.
ARTICLE XVIII - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES
Nothing in this Agreement is intended, nor may be construed, to create any rights,
confer any benefits, or relieve any liability, of any kind whatsoever in any third person
not party to this Agreement.
ARTICLE XIX- NON- LIABILITY OF OFFICERS AND EMPLOYEES
No officer, agent, consultant, or employee of the Non - Federal Sponsor, nor any
officer, agent, consultant, or employee of the Government, may be charged personally, or
held liable, under the terms or provisions of this Agreement because of any breach_ ,
attempted breach, or alleged breach thereof, except as provided in Section 912(b) of the
Water Resources Development Act of 1986, Public Law 99 -662, as amended (42 U.S.C.
1962d -5b note), or other applicable law.
ARTICLE XX - SECTION 902 MAXIMUM COST OF PROJECT
The Non - Federal Sponsor understands that Section 902 of the Water Resources
Development Act of 1986, Public Law 99 -662, as amended (33 U.S.C. 2280) establishes
the maximum amount of total costs for the Authorized Project, of which the Project is a
separable element. On the effective date of this Agreement, the maximum amount of total
29
RES.A Page 175 of 280
costs for the Authorized Project, which is the sum_ of 191al project costs for the Project and
the costs for all other separable elements of the Authorized Project, is estimated to be
$215,454,000, as calculated in accordance with Engineer Regulation 1105 -2 -100, using
October 1, 2013 price levels, and including allowances for projected future inflation. The
Government shall adjust such maximum amount of total costs for the Authorized Project, in
accordance with Section 902 of the Water Resources Development Act of 1986, Public
Law 99 -662, as amended (33 U.S.C. 2280), when necessary.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which
shall become effective upon the date it is signed by the District Engineer.
DEPARTMENT OF THE ARMY CITY OF AUBURN
BY: BY:
John G. Buck
Colonel, Corps of Engineers
District Engineer
DATE:
DATE:
Kul
Nancy Backus 0i� ,---
Mayor
RES.A Page 176 of 280
CERTIFICATE OF AUTHORITY
I, , do hereby certify that I am the principal legal officer of
the City of Auburn, that the City of Auburn is a legally constituted public body with full
authority and legal capability to perform the terms of the Agreement between the
Department of the Army and the City of Auburn in connection with the DuwamishlM.i.11
Creek Wetland 5K Reach Ecosystem Restoration Project, and to pay damages, if
necessary, in the event of the failure to perform accordance with the terms of this
Agreement, as required by Section 221 of the Flood Control Act of 1970, Public Law
91 -611, as amended (42 U.S.C. 19624 -5b), and that the persons who have executed this
Agreement on behalf of the City of Auburn have acted within their statutory authority.
IN WITNESS WHEREOF, I have made and executed this certification this
day of
20_
Daniel B. Heid
Senior Counsel
t11
RES.A Page 177 of 280
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief that:
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension_ , continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and d.isclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is
a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
Nancy Backus
Mayor, City of Auburn
DATE:
32
RES.A Page 178 of 280
NON - FEDERAL SPONSOR'S
SELF - CERTIFICATION OF FINANCIAL CAPABILITY
FOR AGREEMENTS
do hereby certify that 1 am the Chief Financial Officer of the City
of Auburn (the "Non- Federal Sponsor "); that I am aware of the financial obligations of the Non - Federal
Sporisor for the Du�vamish/Mill Creek Wetland 5K Reach Ecosystem Restoration Project; and that the
Non - Federal Sponsor has the financial capability to satisfy the Non- Federal Sponsor's obligations under the
Project Partnership Agreement Between the Department of the Army and the City of Auburn For
Construction of the 136vamish/Mill Creek Wetland 5K Reach Ecosystem Restoration Project.
IN WITNESS WHEREOF, I have made and executed this certification this day of
BY:
TITLE: Finance Director, City of Auburn
DATE:
33
RES.A Page 179 of 280
,IIY01:
'A U, B UR . N
VVAS 11 I I N61"CI ,
Agenda Subject:
Resolution No. 5078
Department:
Public Works
Attachments:
x # # L#
H
AGENDA BILL APPROVAL FORM
Date:
July 10, 2014
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5078 setting the date of the public hearing for
Franchise Agreement No. 13 -28 for Electric Lightwave LLC for September 2, 2014.
Background Summary:
Resolution No. 5078 sets the date of the public hearing for Franchise Agreement No.
13 -28 Electric Lightwave LLC for September 2, 2014 at 7:30 pm in Council Chambers.
Franchise Agreement No. 13 -28, Draft Ordinance No. 6513 is attached as back up
documentation for Resolution No. 5078. Per Auburn City Code Chapter 20.06.010, a
franchise shall be required of any commercial utility or telecommunications operator or
carrier or other person who desires to occupy public ways of the city and to provide
telecommunications or commercial utility services to any person or area in the city.
Electric Lightwave LLC (ELI) has applied for a Franchise Agreement to be able to
operate and build within the City's rights of way a telecommunications network. The
applicant will offer telecommunications services to customers within Auburn. The
proposed franchise area is all rights of way in the City, as ELI leases facilities from
CenturyLink and BPA throughout the City to provide service. Should ELI wish to build
their own facilities they would need and amendment to this agreement and would need
to obtain permits as required by the agreement. Exact locations, plans, engineering and
construction schedules of any future ELI owned facilities would be reviewed, approved
and managed through the City's permitting processes that are a requirement of the
Franchise Agreement.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember: Osborne Staff: Snyder
RES.B AUBURN * MORE THAN YOU IMAGINED Page 180 of 280
Meeting Date: July 21, 2014 Item r: RES.B
RES.B AUBURN * MORE THAN YOU IMAGINED Page 181 of 280
RESOLUTION NO. 5 0 7 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A PUBLIC HEARING
TO CONSIDER A FRANCHISE AGREEMENT WITH
ELECTRIC LIGHTWAVE, LLC, A WHOLLY OWNED
SUBSIDIARY OF INTEGRA TELECOM HOLDINGS, INC.
WHEREAS, Electric Lightwave, LLC (ELI) has applied to the City for a non-
exclusive Franchise Agreement for the right of entry, use, and occupation of certain public
rights -of -way within the City of Auburn, expressly to install, construct, erect, operate,
maintain, repair, relocate and remove its facilities in, on, upon, along and /or across those
right(s) -of -way; and
WHEREAS, the Public Works Committee of the Auburn City Council has reviewed
ELI's application materials, and, pursuant to ACC 20.06.040, the Public Works Committee
has recommended to the City Council that it schedule a public hearing on the application;
and
WHEREAS, the City Council agrees with the recommendation of the Public Works
Committee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That a hearing on the application by Electric Lightwave, LLC for a
Franchise Agreement with the City of Auburn is hereby set for 7:30 p.m. on the 2nd day of
September, 2014, at the City Council Chambers at 25 West Main Street, Auburn,
Washington, 98001, with all persons wishing to speak to the application at the public
Resolution No. 5078
Franchise Agreement No. 13 -28
June 9, 2014
Page 1
RES.B Page 182 of 280
hearing being invited to attend.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
posting notice of such public hearing as required by State law and City Ordinance.
Section 3. This Resolution shall be in full force in effect upon passage and
signatures hereon.
DATED and SIGNED this day of , 2014
CITY OF AUBURN
Nancy Backus
Mayor
Attest:
Danielle E. Daskam, City Clerk
Resolution No. 5078
Franchise Agreement No. 13 -28
June 9, 2014
Page 2
RES.B Page 183 of 280
ORDINANCE NO. 6513
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
ELECTRIC LIGHTWAVE, LLC, A WHOLLY OWNED
SUBSIDIARY OF INTEGRA TELECOM HOLDINGS,
INC, A DELEWARE CORPORATION, A FRANCHISE
FOR TELECOMMUNICATIONS TYPE OF UTILITY
WHEREAS, Electric Lightwave LLC ( "ELI ") ( "Grantee ") has applied to the
City of Auburn ( "City ") for a non - exclusive Franchise for the right of entry, use,
and occupation of certain public right(s) -of -way within the City, expressly to
install, construct, erect, operate, maintain, repair, relocate and remove its
facilities in, on, over, under, along and /or across those right(s) -of -way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee's request for a Franchise, at which time representatives of Grantee
and interested citizens were heard in a full public proceeding affording
opportunity for comment by any and all persons desiring to be heard; and
WHEREAS, from information presented at such public hearing, and from
facts and circumstances developed or discovered through independent study and
investigation, the City Council now deems it appropriate and in the best interest
of the City and its inhabitants that the franchise be granted to Grantee,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated herein, the City grants to
the Grantee general permission to enter, use, and occupy the right(s) -of -way
and /or other public property within the City of Auburn (the "Franchise Area ").
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate and repair the types of facilities specified in Exhibit
"B," attached hereto and incorporated by reference, and all necessary
appurtenances thereto, ( "Grantee Facilities ") for provision of those services set
forth in Exhibit "C" ( "Grantee Services ") in, along, under and across the
Franchise Area.
C. At the time of initial application Grantee represented that it did not
currently own, lease, or have indefeasible rights of use for any facilities that
would be defined as Grantee Facilities under this Franchise. This Franchise does
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 1 of 19
RES.B Page 184 of 280
not authorize the use of the Franchise Area for any facilities or services other
than Grantee Facilities and Grantee Services, and it extends no rights or
privilege relative to any facilities or services of any type, including Grantee
Facilities and Grantee Services, on public or private property elsewhere within
the City. If Grantee intends to install, construct, erect, operate, or maintain new
Grantee Facilities, it shall submit an application to amend this Franchise, which
amendment may be approved by the City administratively.
D. This Franchise is non - exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, unless the City determines that entering into such agreements interferes
with Grantee's right set forth herein.
E. Except as explicitly set forth herein, this Franchise does not waive
any rights that the City has or may hereafter acquire with respect to the
Franchise Area or any other City roads, rights -of -way, property, or any portions
thereof. This Franchise shall be subject to the power of eminent domain, and in
any proceeding under eminent domain, the Grantee acknowledges its use of the
Franchise Area shall have no value.
F. The City reserves the right to change, regrade, relocate, abandon,
or vacate any right -of -way within the Franchise Area. If, at any time during the
term of this Franchise, the City vacates any portion of the Franchise Area
containing Grantee Facilities, the City shall reserve an easement for public
utilities within that vacated portion, pursuant to RCW 35.79.030, within which the
Grantee may continue to operate any existing Grantee Facilities under the terms
of this Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public's need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2. Notice
A. Written notices to the parties shall be sent by certified mail to the
following addresses, unless a different address shall be designated in writing and
delivered to the other party.
City.. Engineering Aide,
Community Development and
Public Works Department - Transportation
City of Auburn
25 West Main Street
------------------------------
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 2of19
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Auburn, WA 98001 -4998
Telephone: (253) 931 -3010; Fax: (253) 931 -3048
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001 -4998
Grantee: Electric Lightwave LLC, ( ELI)
1201 NE Lloyd Blvd, Suite 500
Portland, OR 97232
Attn: Contract Administration
Telephone: 503 - 453 -8000
Fax: 503 - 453 -8221
B. Any changes to the above - stated Grantee information shall be sent
to the City's Engineering Aide, Community Development and Public Works
Department — Transportation Division, with copies to the City Clerk, referencing
the title of this agreement.
C. The above - stated Grantee voice and fax telephone numbers shall
be staffed at least during normal business hours, Pacific time zone.
Section 3. Term of Agreement
A. This Franchise shall run for a period of five (5) years, from the date
of execution specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise
for an additional five (5) year period upon submission and approval of the
application specified under ACC 20.06.130, as it now exists or is amended,
within the timeframe set forth therein (currently 240 to 180 days prior to
expiration of the then - current term). Any materials submitted by the Grantee for
a previous application may be considered by the City in reviewing a current
application, and the Grantee shall only submit those materials deemed
necessary by the City to address changes in the Grantee Facilities or Grantee
Services, or to reflect specific reporting periods mandated by the ACC.
C. Failure to Renew Franchise — Automatic Extension. If the Parties
fail to formally renew this Franchise prior to the expiration of its term or any
extension thereof, the Franchise automatically continues month to month until
Ordinance No. 6513
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June 9, 2014
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renewed or either party gives written notice at least one hundred and eighty (180)
days in advance of intent not to renew the Franchise.
Section 4. Definitions
For the purpose of this agreement:
"ACC" means the Auburn City Code.
"Emergency" means a condition of imminent danger to the health, safety and
welfare of persons or property located within the City including, without limitation,
damage to persons or property from natural consequences, such as storms,
earthquakes, riots, acts of terrorism or wars.
"Maintenance or Maintain" shall mean examining, testing, inspecting, repairing,
maintaining and replacing the existing Grantee Facilities or any part thereof as
required and necessary for safe operation.
"Relocation" means permanent movement of Grantee facilities required by the
City, and not temporary or incidental movement of such facilities, or other
revisions Grantee would accomplish and charge to third parties without regard to
municipal request.
"Rights -of -Way" means the surface and the space above and below streets,
roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements,
rights -of -ways and similar public properties and areas.
Section 5. Acceptance of Franchise
A. This Franchise, and any rights granted hereunder, shall not
become effective for any purpose unless and until Grantee files with the City
Clerk (1) the Statement of Acceptance, attached hereto as Exhibit "D," and
incorporated by reference, (2) all verifications of insurance coverage specified
under Section 15, and (3) the financial guarantees specified in Section 16
(collectively, "Franchise Acceptance "). The date that such Franchise Acceptance
is filed with the City Clerk shall be the effective date of this Franchise.
B. Should the Grantee fail to file the Franchise Acceptance with the
City Clerk within 30 days after the effective date of the ordinance approving the
Franchise, the City's grant of the Franchise will be null and void.
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
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Section 6. Construction and Maintenance
A. The Grantee shall apply for, obtain, and comply with the terms of all
permits required under ACC Chapter 12.24 for any work done within the City.
Grantee shall comply with all applicable City, State, and Federal codes, rules,
regulations, and orders in undertaking such work, which shall be done in a
thorough and proficient manner.
B. Grantee agrees to coordinate its activities with the City and all other
utilities located within the public right -of -way within which Grantee is under taking
its activity.
C. The City expressly reserves the right to prescribe how and where
Grantee Facilities shall be installed within the public right -of -way and may from
time to time, pursuant to the applicable sections of this Franchise, require the
removal, relocation and /or replacement thereof in the public interest and safety at
the expense of the Grantee.
D. Before commencing any work within the public right -of -way, the
Grantee shall comply with the One Number Locator provisions of RCW Chapter
19.122 to identify existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City and in
accordance with City ordinances, Grantee shall have the authority to reasonably
trim trees upon and overhanging streets, public rights -of -way, and places in the
Franchise Area so as to prevent the branches of such trees from coming in
physical contact with the Grantee Facilities. Grantee shall be responsible for
debris removal from such activities. If such debris is not removed within twenty -
four (24) hours of completion of the trimming, the City may, at its sole discretion,
remove such debris and charge Grantee for the cost thereof. This section does
not, in any instance, grant automatic authority to clear vegetation for purposes of
providing a clear path for radio signals. Any such general vegetation clearing will
require a land clearing permit.
Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence such repair
and emergency response work as required under the circumstances, provided
that the Grantee shall notify the City Engineering Aide in writing as promptly as
possible, before such repair or emergency work commences, or as soon
thereafter as possible, if advance notice is not practical. The City may act, at
any time, without prior written notice in the case of emergency, but shall notify
the Grantee in writing as promptly as possible under the circumstances.
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Section 8. Damages to City and Third -Party Property
Grantee agrees that if any of its actions under this Franchise impairs or
damages any City property, survey monument, or property owned by a third -
party, Grantee will restore, at its own cost and expense, said property to a safe
condition. Such repair work shall be performed and completed to the satisfaction
of the City Engineer.
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee's, which was installed, constructed, completed or in
place prior in time to Grantee's application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning
and location with respect to the Grantee Facilities. However, to the extent that
the Grantee Facilities are completed and installed prior to another utility's
submittal of a permit for new or additional structures, equipment, appurtenances
or tangible property, then the Grantee Facilities shall have priority. These rules
governing preference shall continue in the event of the necessity of relocating or
changing the grade of any City road or right -of -way. A relocating utility shall not
necessitate the relocation of another utility that otherwise would not require
relocation. This Section shall not apply to any City facilities or utilities that may in
the future require the relocation of Grantee Facilities. Such relocations shall be
governed by Section 11.
B. Grantee shall maintain a minimum underground horizontal
separation of five (5) feet from City water, sanitary sewer and storm sewer
facilities and ten (10) feet from above - ground City water facilities; provided, that
for development of new areas, the City, in consultation with Grantee and other
utility purveyors or authorized users of the Public Way, will develop guidelines
and procedures for determining specific utility locations.
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested by the City Engineering Aide to coordinate municipal
functions with Grantee's activities and fulfill any municipal obligations under state
law. Said information shall include, at a minimum, as -built drawings of Grantee
Facilities, installation inventory, and maps and plans showing the location of
existing or planned facilities within the City. Said information may be requested
either in hard copy or electronic format, compatible with the City's data base
system, as now or hereinafter existing, including the City's geographic
information Service (GIS) data base. Grantee shall keep the City Engineering
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Aide informed of its long -range plans for coordination with the City's long -range
plans.
B. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City.
Accordingly, the City agrees to notify the Grantee of requests for public records
related to the Grantee, and to give the Grantee a reasonable amount of time to
obtain an injunction to prohibit the City's release of records.
Grantee shall indemnify and hold harmless the City for any loss or liability
for fines, penalties, and costs (including attorneys fees) imposed on the City
because of non - disclosures requested by Grantee under Washington's open
public records act, provided the City has notified Grantee of the pending request.
Section 11. Relocation of Grantee Facilities
A. Except as otherwise so required by law, Grantee agrees to
relocate, remove, or reroute its facilities as ordered by the City Engineer at no
expense or liability to the City, except as may be required by RCW Chapter
35.99. Pursuant to the provisions of Section 14, Grantee agrees to protect and
save harmless the City from any customer or third -party claims for service
interruption or other losses in connection with any such change, relocation,
abandonment, or vacation of the Pubic Way.
B. If a readjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City, that party shall pay
the Grantee the actual costs thereof.
Section 12. Abandonment and or Removal of Grantee Facilities
A. Within one hundred and eighty days (180) of Grantee's permanent
cessation of use of the Grantee Facilities, or any portion thereof, the Grantee
shall, at the City's discretion, either abandon in place or remove the affected
facilities.
B. The parties expressly agree that this Section shall survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City's
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
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June 9, 2014
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B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Grantee shall underground the Grantee Facilities in the
manner specified by the City Engineer at no expense or liability to the City,
except as may be required by RCW Chapter 35.99 Where other utilities are
present and involved in the undergrounding project, Grantee shall only be
required to pay its fair share of common costs borne by all utilities, in addition to
the costs specifically attributable to the undergrounding of Grantee Facilities.
Common costs shall include necessary costs for common trenching and utility
vaults. Fair share shall be determined in comparison to the total number and
size of all other utility facilities being undergrounded.
Section 14. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, employees, and volunteers harmless from any and all
costs, claims, injuries, damages, losses, suits, or liabilities of any nature including
attorneys' fees arising out of or in connection with the Grantee's performance
under this Franchise, except to the extent such costs, claims, injuries, damages,
losses, suits, or liabilities are caused by the negligence of the City. Should a
court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent
negligence of the Contractor and the City, its officers, officials, employees, and
volunteers, the Contractor's liability hereunder shall be only to the extent of the
Contractor's negligence.
B. The Grantee shall hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Grantee Facilities caused
by maintenance and /or construction work performed by, or on behalf of, the City
within the Franchise Area or any other City road, right -of -way, or other property,
except to the extent any such damage or loss is directly caused by the
negligence of the City, or its agent performing such work.
C. The Grantee acknowledges that neither the City nor any other
public agency with responsibility for fire fighting, emergency rescue, public safety
or similar duties within the City has the capability to provide trench, close trench
or confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the
provision of such services. The Grantee shall hold the City harmless from any
liability arising out of or in connection with any damage or loss to the Grantee for
the City's failure or inability to provide such services, and, pursuant to the terms
of Section 14(A), the Grantee shall indemnify the City against any and all third-
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party costs, claims, injuries, damages, losses, suits, or liabilities based on the
City's failure or inability to provide such services.
D. Acceptance by the City of any work performed by the Grantee shall
not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee's waiver of immunity
under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this
Agreement.
Section 15. Insurance
A. The Grantee shall procure and maintain for the duration of this
Franchise, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work
hereunder by the Grantee, its agents, representatives, or employees in the
amounts and types set forth below:
1. Automobile Liability insurance covering all owned, non -
owned, hired, and leased vehicles with a minimum combined single limit for
bodily injury and property damage of $1,000,000.00 per accident. 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.
2. Commercial General Liability insurance with limits no less
than $1,000,000.00 each occurrence, $2,000,000.00 general aggregate and a
$2,000,000.00 products - completed operations aggregate limit. Coverage shall
be written on ISO occurrence form CG 00 01 or a substitute form providing
equivalent coverage and shall cover liability arising from premises, operations,
independent contractors, products - completed operations, stop gap liability, and
personal injury and advertising injury and liability assumed under an insured
contract. The Commercial General Liability insurance shall be endorsed to
provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an
equivalent form. There shall be no endorsement or modification of the
Commercial General Liability insurance for liability arising from explosion,
collapse, or underground property damage. The City shall be named as an
additional insured under the Grantee's Commercial General Liability insurance
policy with respect to the work performed under this Franchise using ISO
Additional Insured Endorsement CG 20 10 10 01 and Additional Insured-
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Completed Operations endorsement CG 20 37 10 01 or substitute endorsements
providing equivalent coverage.
3. Professional Liability insurance with limits no less than
$1,000,000.00 per claim for all professional employed or retained Grantee to
perform services under this Franchise.
4. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. The insurance policies are to contain, or be endorsed to contain,
the following provisions for Automobile Liability, Professional Liability, and
Commercial General Liability insurance:
1. The Grantee's insurance coverage shall be primary
insurance as respects the City. Any insurance, self- insurance, or insurance pool
coverage maintained by the City shall be in excess of the Grantee's insurance
and shall not contribute with it.
2. The Grantee's insurance shall be endorsed to state that
coverage shall not be cancelled by the insurers except after thirty (30) days' prior
written notice has been given to Grantee. Upon receipt of such notice, Grantee
shall immediately notify by certified mail, return receipt requested, the City.
C. Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best rating of not less than A:VII.
D. Verification of Coverage. Grantee shall furnish the City with
documentation of insurer's A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
Grantee before commencement of the work.
E. Grantee shall have the right to self- insure any or all of the above -
required insurance. Any such self insurance is subject to approval by the City.
F. Grantee's maintenance of insurance as required by this Franchise
shall not be construed to limit the liability of Grantee to the coverage provided by
such insurance, or otherwise limit the City's recourse to any remedy to which the
City is otherwise entitled at law or in equity.
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 10 of 19
RES.B Page 193 of 280
Section 16. Performance Security
The Grantee shall provide the City with a financial guarantee in the amount of
Fifty Thousand Dollars ($50,000.00) running for, or renewable for, the term of this
Franchise, in a form and substance acceptable to the City. In the event Grantee
shall fail to substantially comply with any one or more of the provisions of this
Franchise, then there shall be recovered jointly and severally from the principal
and any surety of such financial guarantee any damages suffered by City as a
result thereof, including but not limited to staff time, material and equipment
costs, compensation or indemnification of third parties, and the cost of removal or
abandonment of facilities hereinabove described. Grantee specifically agrees
that its failure to comply with the terms of Section 19 shall constitute damage to
the City in the monetary amount set forth therein. Such a financial guarantee
shall not be construed to limit the Grantee's liability to the guarantee amount, or
otherwise limit the City's recourse to any remedy to which the City is otherwise
entitled at law or in equity.
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns of, and independent
contractors of the Grantee, and all rights and privileges, as well as all obligations
and liabilities of the Grantee shall inure to its successors, assignees and
contractors equally as if they were specifically mentioned herein wherever the
Grantee is mentioned.
B. This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (a) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (b) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (c) An application fee which shall be set by the City, plus any
other costs actually and reasonably incurred by the City in processing, and
investigating the proposed assignment or transfer.
D. Prior to the City's consideration of a request by Grantee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee shall
file with the City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor's state of
compliance and failure of the City to insist on full compliance prior to transfer
Ordinance No. 6513
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June 9, 2014
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does not waive any right to insist on full compliance thereafter.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising
by reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to
achieve a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this
manner, either party may then pursue any available judicial remedies. This
Franchise shall be governed by and construed in accordance with the laws of the
State of Washington. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically
understand and agree that venue shall be exclusively in King County,
Washington. The prevailing party in any such action shall be entitled to its
attorneys' fees and costs of suit, which shall be fixed by the judge hearing the
case, and such fees shall be included in the judgment.
Section 19. Enforcement and Remedies
A. If the Grantee shall willfully violate, or fail to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or should
it fail to heed or comply with any notice given to Grantee under the provisions of
this agreement, the City may, at its discretion, provide Grantee with written notice
to cure the breach within thirty (30) days of notification. If the City determines the
breach cannot be cured within thirty days, the City may specify a longer cure
period, and condition the extension of time on Grantee's submittal of a plan to
cure the breach within the specified period, commencement of work within the
original thirty day cure period, and diligent prosecution of the work to completion.
If the breach is not cured within the specified time, or the Grantee does not
comply with the specified conditions, the City may, at its discretion, either (1)
revoke the Franchise with no further notification, or (2) claim damages of Two
Hundred Fifty Dollars ($250.00) per day against the financial guarantee set forth
in Section 16 for every day after the expiration of the cure period that the breach
is not cured.
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities and Grantee Services, the
City reserves the right to cancel this Franchise and require the Grantee to apply
for, obtain, and comply with all applicable City permits, franchises, or other City
Ordinance No. 6513
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June 9, 2014
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permissions for such actions, and if the Grantee's actions are not allowed under
applicable federal and state or City laws, to compel Grantee to cease such
actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Grantee shall comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with
federal laws and regulations, affecting performance under this Franchise.
Furthermore, notwithstanding any other terms of this agreement appearing to the
contrary, the Grantee shall be subject to the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the
general public in relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any hereafter enacted, amended, or adopted federal or state statute
or regulation relating to the public health, safety, and welfare, or relating to
roadway regulation, or a City Ordinance enacted pursuant to such federal or
state statute or regulation upon providing Grantee with thirty (30) days written
notice of its action setting forth the full text of the amendment and identifying the
statute, regulation, or ordinance requiring the amendment. Said amendment
shall become automatically effective upon expiration of the notice period unless,
before expiration of that period, the Grantee makes a written call for negotiations
over the terms of the amendment. If the parties do not reach agreement as to
the terms of the amendment within thirty (30) days of the call for negotiations, the
City may enact the proposed amendment, by incorporating the Grantee's
concerns to the maximum extent the City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written
notice to the Grantee, if the Grantee fails to comply with such amendment or
modification.
Section 21. License, Tax and Other Charges
This Franchise shall not exempt the Grantee from any future license, tax,
or charge which the City may hereinafter adopt pursuant to authority granted to it
under state or federal law for revenue or as reimbursement for use and
occupancy of the Franchise Area.
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 13 of 19
RES.B Page 196 of 280
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
shall remain in effect.
Section 24. Titles
The section titles used herein are for reference only and should not be
used for the purpose of interpreting this Franchise.
Section 25. Implementation.
The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 26. Effective date.
This Ordinance shall take effect and be in force five days from and after its
passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
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APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 15 of 19
RES.B Page 198 of 280
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Ordinance No 6513
Frenchise Agreement No. 13-28
June 9, 2014
Page 16 of 19
Exhibit B
Grantee Facilities
Leased and owned telecommunication and communication conduit and fiber
facilities within the Right of Ways. As of the date of this Ordinance ELI does not
own facilities but may at a future date install ELI owned facilities at and pursuant
to the lawful permitting process of the City.
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 17 of 19
RES.B Page 200 of 280
Exhibit C
Grantee Services
Telecommunications and communication services.
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 18 of 19
RES.B Page 201 of 280
EXHIBIT "D"
STATEMENT OF ACCEPTANCE
Electric Lightwave, LLC. ( ELI), for itself, its successors and assigns, hereby
accepts and agrees to be bound by all lawful terms, conditions and provisions of
the Franchise attached hereto and incorporated herein by this reference.
Electric Lightwave LLC ( ELI)
By: Date:
Name:
Title:
STATE OF )
)ss.
COUNTY OF )
On this day of 2014, before me the undersigned, a
Notary Public in and for the State of , duly commissioned and sworn,
personally appeared, of , the company that
executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the
uses and purposes therein mentioned, and on oath stated that he /she is
authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal on the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
, residing at
MY COMMISSION EXPIRES:
Ordinance No. 6513
Franchise Agreement No. 13 -28
June 9, 2014
Page 19 of 19
RES.B Page 202 of 280
,IIYO1:
'A U, B UR . N
VVA S 1 I I N61 CI ,
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Resolution No. 5081 July 1, 2014
Department: Attachments: Budget Impact:
Information Services Resolution No. $0
Administrative Recommendation:
City Council adopt Resolution No. 5081.
Background Summary:
Innovation & Technology currently provides IT related support and services to 4 other
agencies. Due to technology, we are able to support a majority of these agencies
remotely. Due to economy of scale, and efficiencies IT is able to provide this support
and has been successful identifying cost recovery which includes annual CPI, off -hours
fees, mileage reimbursement, administrative costs, and ongoing recovery costs.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember: Wales Staff: Tiedeman
Meeting Date: July 21, 2014 Item r: RES.0
RES.0 AUBURN * MORE THAN YOU IMAGINED Page 203 of 280
RESOLUTION NO. 5 0 8 1
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF AUBURN
AND THE CITY OF MILTON FOR INFORMATION
SERVICES TECHNOLOGY SERVICES
WHEREAS, RCW 39.34 authorizes public agencies to enter into
interlocal agreements; and
WHEREAS, the City of Milton has the need for professional information
technology services; and
WHEREAS, the City of Auburn is able and willing to provide those
services, at a cost that its acceptable to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn is hereby authorized to
execute an Interlocal Agreement between the City of Auburn and the City of
Milton for Information Technology Services in substantial conformity with the
Agreement attached hereto as Exhibit "A" and incorporated herein by this
reference.
Section 2. The Mayor is , hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Resolution No. 5081
June 30, 2014
RES.�oge 1 of 2
Page 204 of 280
Section 3. This resolution shall be in full force and effect upon
passage and s.ignatures hereon.
Dated and Signed this day of , 2014.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Da . Heid, City Attorney
Resolution No. 5081
Jube 30, 2014
RES.tge2of2
Page 205 of 280
EXHIBIT A
CITY OF AUBURN — CITY OF MILTON
INTERLOCAL AGREEMENT FOR
INFORMATION SERVICES TECHNOLOGY
THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the lnterlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of
2014, by and between the CITY OF AUBURN, a municipal
corporation of the State of Washington (hereinafter referred to as "Auburn "), and the CITY
OF MILTON, a municipal corporation of the State of Washington (hereinafter referred to
as "Milton "),
WITNESSETH:
WHEREAS, Milton seeks professional information technology ( "IT ") services; and
WHEREAS, Auburn has the requisite skills, resources, and experience necessary to
provide such services and is willing and agreeable to provide such services upon the
terms and conditions herein contained.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
the parties hereto do hereby agree as follows:
1. SCOPE OF SERVICES
Auburn agrees to perform for Milton, in a good and professional manner the tasks
specific to IT support of the City of Milton described on Exhibit A which is attached
hereto and by this reference made a part of this Agreement. (The tasks described on
Exhibit A shall be individually referred to as a "task," and collectively referred to as the
"services. ") Auburn shall perform the services as an independent contractor and shall
not be deemed, by virtue of this Agreement and the performance thereof, to have
entered into any partnership, joint venture, employment or other relationship with Milton.
Auburn shall perform the services described in Exhibit A which is attached hereto and
by this reference made a part of this Agreement.
2. AMENDMENT REQUIRED FOR ADDITIONAL SERVICES
In the event additional IT services are required by Milton or reduction in services are
necessary beyond those specified in Exhibit A and the compensation listed in this
Agreement, and further provided that Auburn has the time and resources to provide
such additional services and is willing to provide such services, a contract amendment
shall be set forth in writing and shall be executed by the respective parties prior to
Auburn's performance of the additional IT services, except as may be provided to the
contrary in Section 3 of this Agreement. Upon proper completion and execution of an
Amendment for additional services, such Amendment shall be incorporated into this
Agreement and shall have the same force and effect as if the terms of such
(BFP1179559. DOC :1113018.9000001)
INTERLOCAL AGREEMENT
Draft City of Milton IT ILA, June 25, 2014
REPTIV 1 °f 1 Page 206 of 280
Amendment were a part of this Agreement as originally executed. The performance of
services pursuant to an Amendment shaft be subject to the terms and conditions of this
Agreement except where the Amendment provides to the contrary, in which case the
terms and conditions of any such Amendment shall control. In all other respects, any
Amendment shall supplement and be construed in accordance with the terms and
conditions of this Agreement.
-3. PERFORMANCE OF ADDITIONAL SERVICES PRIOR TO EXECUTION OF AN
AMENDMENT
The parties hereby agree that situations may arise in which IT services other than those
described on Exhibit A are desired by Milton and the time period for the completion of
such services makes the execution of Amendment impractical prior to the
commencement of Auburn's performance of the requested services. Auburn hereby
agrees that it shall perform such services upon the request of an authorized
representative of Milton at a rate of compensation to be mutually negotiated in
connection therewith. Any such additional IT services shall be memorialized in a written
amendment in accordance with Section 2 of this Agreement. The invoice procedure for
any such additional services shall be as described in Section 6 of this Agreement.
4. MILTON'S RESPONSIBILITIES
Milton shall do the following in a timely manner so as not to delay the services of
Auburn:
a. Designate in writing a person to act as Milton's representative with respect
to the services described in Exhibit A. Milton's designee shall have complete
authority to transmit instructions, receive information, interpret and define
Milton's policies and decisions with respect to the services, except in the event of
an emergency as described in Exhibit A.
b. Furnish Auburn with all information, criteria, objectives, schedules and
standards for the services provided for herein.
C. Arrange for access to the property or facilities as required for Auburn to
perform the services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches,
and other documents prepared by Aubum and render decisions regarding such
documents in a timely manner to prevent delay of the services including
passwords, facility access and data systems to which Milton is requesting
support. Auburn shall use "remote access" technology to support Milton systems
where possible to limit onsite costs. Such examples include Firewall, router,
computer, Domain controller, active directory, law enforcement support and
secured/encrypted access to systems designated by Milton to be supported by
Auburn.
t$FP1179559.DOC;1/13018.900000/ }
INTERLOCAL AGREEMENT
Draft City of Milton It ILA, .tune 25, 2014
RPG of 2 Page 207 of 280
e.. Milton Police Department must complete, and authorize necessary state
documents related to "Agency Authorization" designating City of Auburn as IT
Technical contact and complete a "Management Control Agreement" filed with
Washington State Patrol that will allow Auburn IT staff to work with CJIS and
ACCESS information including SSID, Mnemonics and ORI information to support
the law enforcement systems.
5. ACCEPTABLE STANDARDS
Auburn shall be responsible to provide, in connection with the services
contemplated in this Agreement, work products and services of a quality and
professional standard acceptable to Milton.
6. COMPENSATION
Compensation for Auburn's performance of the services provided for herein are
attached as Exhibit B. One -time setup, administration and remote license fee of
$1500.00 due on contract execution. Annual sum shall be increased January 1,
2015, and each January 1 thereafter, by an amount equal to 2% or the most
recent Seattle- Tacoma- Bremerton Consumer Price Index - U whichever is
greater for the term of this Agreement.
Auburn shall submit to Milton a monthly invoice and Milton shall process the
invoice or statement in the next billing /claim cycle following receipt of the invoice
or statement, and shall remit payment to Auburn thereafter in the normal course,
subject to any conditions or provisions in this Agreement or Amendment.
7. TIME FOR PERFORMANCE AND TERM OF AGREEMENT
Auburn shall perform the services provided for herein in accordance with the
direction and scheduling provided in Exhibit A, unless otherwise agreed to in
writing by the parties. The initial term of this agreement shall be twelve (12)
months and may be extended thereafter by written agreement of the Parties 60
days prior to term end. It is provided, however, that either party may cancel this
Agreement upon sixty (60) days written notice to the other party.
8. OWNERSHIP AND USE OF DOCUMENTS
All documents, reports, memoranda, diagrams, sketches, plans, design
calculations, working drawings and any other materials created or otherwise
prepared by Auburn as part of its performance of this Agreement (the "Work.
Products ") shall be owned by and become the property of Milton, and may be
used by Milton for any purpose beneficial to Milton. Public records requests shall
be the responsibility of Milton; however Auburn may assist at Milton request at
hourly rates provided under exhibit B for onsite support.
(BFP1179559. HOC; 9113018.9000001 )
INTER LOCAL AGREEMENT
Draft City of Milton IT ILA, June 25, 2014
RtV Of 3 Page 208 of 280
J
10
11
12
RECORDS INSPECTION AND AUDIT
All compensation payments shall be subject to the adjustments for any amounts
found upon audit or otherwise to have been improperly invoiced, and all records
and books of accounts pertaining to any work performed under this Agreement
shall be subject to inspection and audit by Milton for a period of up to three (3)
years from the final payment for work performed under this Agreement.
CONTINUATION OF PERFORMANCE
In the event that any dispute or conflict arises between the parties while this
Contract is in effect, Auburn agrees that, notwithstanding such dispute or
conflict, Auburn shall continue to make a good faith effort to cooperate and
continue work toward successful completion of assigned duties and
responsibilities. Provided that if Milton fails to pay for the services provided by
Auburn, Auburn can cease providing such services until payment is made.
ADMINISTRATION OF AGREEMENT
This Agreement shall be administered by Ron Tiedeman, Innovation &
Technology Director or designee on behalf of Auburn, and by Mark Langford,
City Administrator or designee on behalf of Milton. Any written notices required
by the terms of this Agreement shall be served on or mailed to the following
addresses:
CITY OF AUBURN
Innovation & Technology
Ron Tiedeman
25 W Main St
Auburn, WA 98001 -4998
Phone: 253 - 288 -3160
Fax: 253- 804 -3116
E -mail: rtiedeman @auburnwa.gov
NOTICES
CITY OF MILTON
City Administration
Mark Langford
1000 Laurel Street
Milton, WA 98354
253- 922 -8733
miangford@cityofmilton.net
All notices or communications permitted or required to be given under this
Agreement shall be in writing and shall be deemed to have been duly given if
delivered in person or deposited in the United States mail, postage prepaid, for
mailing by certified mail, return receipt requested, and addressed, if to a party of
this Agreement, to the address for the party set forth above.
Either party may change his, her or its address by giving notice in writing, stating
his, her or its new address, to the other party, pursuant to the procedure set forth
above.
{BFP1179559_DOC;1/13018.900000/ 1
INTERLOCAI_ AGREEMENT
Draft City of Milton IT ILA, June 25, 2014
R�VV o14 Page 209 of 280
13. INSURANCE
Milton shall maintain in full force throughout the duration of this Agreement
comprehensive general liability insurance with a minimum coverage of
$1,000,000.00 per occurrencelaggregate for personal injury and pro_ perry
damage. This requirement shall be deemed satisfied by evidence of Milton's
membership in a municipal self - insurance pool, including evidence of limits of
coverage's, exclusions and limits of liability satisfactory to Auburn.
Auburn shall maintain in full force throughout the duration of this Agreement
comprehensive general liability insurance with a minimum coverage of
$1,000,000.00 per occurrencelaggregate for personal injury and property
damage. This requirement shall be deemed satisfied by evidence of Auburn's
membership in a municipal self - insurance pool, including evidence of limits of
coverage's, exclusions and limits of liability satisfactory to Milton.
14. INDEMNIFICATION
a. Milton shall indemnify and hold Auburn and its agents, employees, and/or
officers, harmless from and shall process and defend at its own expense any and
all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or
costs, of whatsoever kind or nature, brought against Auburn arising out of, in
connection with, or incident to the execution of this Agreement and/or Milton's
performance or failure to perform any aspect of this Agreement; provided,
however, that if such claims are caused by or result from the concurrent
negligence of Auburn, its agents, employees, and/or officers, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of
Milton; and provided further, that nothing herein shall require Milton to hold
harmless or defend Auburn, its agents, employees and /or officers from any claims
arising from the sole negligence of Auburn, its agents, employees, and/or officers.
No liability shall attach to Auburn by reason of entering into this Agreement except
as expressly provided herein.
b. Auburn shall indemnify and hold Milton and its agents, employees, and /or
officers, harmless from and shall process and defend at its own expense any and
all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or
costs, of whatsoever kind or nature, brought against Milton arising out of, in
connection with, or incident to the execution of this Agreement and /or Auburn's
performance or failure to perform any aspect of this Agreement; provided,
however, that if such claims are caused by or result from the concurrent
negligence of Milton, its agents, employees, and /or officers, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of
Auburn; and provided further, that nothing herein shall require Auburn to hold
harmless or defend Milton, its agents, employees and/or officers from any claims
arising from the sole negligence of Milton, its agents, employees, and/or officers.
{BFP 1179559. ❑OC;1! 13018.9000001 }
INTERLOCAL AGREEMENT
Draft City of Milton IT ILA, June 25, 2014
RP .6 of 5 Page 210 of 280
No liability shall attach to Milton by reason of entering into this Agreement except
as expressly provided herein.
15. WAIVER OF SUBROGATION
Milton and Auburn hereby mutually release each other from liability and waive all right of
recovery against each other for any loss caused by fire or other perils which can be
insured against under fire insurance contracts including any extended coverage
endorsements thereto which are customarily available from time to time in the State of
Washington, provided, that this paragraph shall be inapplicable to the extent that it would
have the effect of invalidating any insurance coverage of Milton or Auburn.
16. COMPLIANCE WITH REGULATIONS AND LAWS
The parties shall comply with all applicable rules and regulations pertaining to them in
connection with the matters covered herein.
17. ASSIGNMENT
The parties shall not assign this Agreement or any interest, obligation or duty therein
without the express written consent of the other party.
18. ATTORNEYS' FEES
If either party shall be required to bring any action to enforce any provision of this
Agreement, or shall be required to defend any action brought by the other party with
respect to this Agreement, and in the further event that one party shall substantially
prevail in such action, the losing party shall, in addition to all other payments required
therein, pay all of the prevailing party's reasonable costs in connection with such action,
including such sums as the court or courts may adjudge reasonable as attorney's fees in
the trial court and in any appellate courts.
19. NONDISCRIMINATION
Each of the parties, for itself, its heirs, personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant and agree that
it will comply with pertinent statutes, Executive Orders and such rules as are promulgated
to assure that no person shall, on the grounds of race, creed, color, national origin, sex,
sexual orientation, age, or the presence of any sensory, mental or physical handicap be
discriminated against or receive discriminatory treatment by reason thereof.
20. MISCELLANEOUS
a. All of the covenants, conditions and agreements in this Agreement shall
extend to and bind the legal successors and assigns of the parties hereto.
(BFP1179559.DOC;1113018.900000/ )
INTERLOCAL AGREEMENT
Draft City of Milton IT ILA, June 25, 2014
RPeG6 of 6 Page 211 of 280
b. This Agreement shall be deemed to be made and construed in accordance
with the laws of the State of Washington. Jurisdiction and venue for a.ny action
arising out of this Agreement shall be in King County, Washington.
C. The captions in this Agreement are for convenience only and do not in any
way limit or amplify the provisions of this Agreement.
d. Unless otherwise specifically provided herein, no separate legal entity is
created hereby, as each of the parties is contracting in its capacity as a municipal
corporation of the State of Washington. The identity of the parties hereto is as set
forth hereinabove.
e. The performances of the duties of the parties provided hereby shall be
done in accordance with standard operating procedures and customary practices
of the parties. Semi - annual operational review and service meetings shall be held
with representatives from both cities to review and discuss service and support
delivery.
f. No provision of this Agreement shall relieve either party of its public agency
obligations and or responsibilities imposed by law.
g. If any term or provision of this Agreement or the application thereof to any
person or circumstance shall, to any extent, be held to be invalid or unenforceable
by a final decision of any court having jurisdiction on the matter, the remainder of
this Agreement or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable shall
not be affected thereby and shall continue in full force and effect, unless such
court determines that such invalidity or uneriforceability materially interferes with or
defeats the purposes hereof, at which time either party shall have the right to
terminate the Agreement.
h. This Agreement constitutes the entire agreement between the parties.
There are no terms, obligations, covenants or conditions other than those
contained herein. No modifications or amendments of this Agreement shall be
valid or effective unless evidenced by an agreement in writing signed by both
parties.
i. Copies of this Agreement shall be fisted by the parties on their websites as
provided for in RCW 39.34.040.
{B FP 1179559. DOC :1/13018.9000001 }
INTERLOCAL AGREEMENT
Draft City of Milton IT ILA, June 25, 2014
RP§.V of 7 Page 212 of 280
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
CITY OF AUBURN
Nancy Backus
Auburn Mayor
Attest:
Danielle Daskam,
Auburn City Clerk
roved form:
Daniel B. H6—id
Auburn City Attorney
CITY OF MILTON
Debra Perry
Milton Mayor
Attest:
Katie Bolam,
Milton City Clerk
Approved as to form:
Print Name:
Title:
{BFP 1179559. DOC;1 /13018.9000001 }
INTERLOCAL AGREEMENT
Draft City of Milton IT ILA, June 25, 2014
R of 8 Page 213 of 280
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
ON THIS day of
appeared
to me known to be the
and
and
2014, before me personally
of , a municipal corporation, the corporation that
executed the within and foregoing instrument, and acknowledged said instrument to be
the free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that they were authorized to execute said instrument, and
the seat of said municipal corporation is affixed hereon.
WITNESS my hand and official seal hereto the day and year in this certificate first above
written.
STATE OF WASHINGTON
ss.
COUNTY OF KING
ON THIS day of
appeared
to me known to be the and
of a municipal corporation, the corporation that
executed the within and foregoing instrument, and acknowledged said instrument to be
the free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that they were authorized to execute said instrument, and
the seat of said municipal corporation is affixed hereon.
NOTARY PUBLIC in and for the State
of Washington, residing at
My Commission Expires.
2014, before me personally
and
WITNESS my hand and official seal hereto the day and year in this certificate first above
written.
NOTARY PUBLIC in and for the State
of Washington, residing at
My Commission Expires:
{8 FP 1179559. DOC ;1113018.9000001. }
INTERL'OCAL AGREEMENT
Draft City of Milton IT ILA, June 25, 2014
RNIV of 9 Page 214 of 280
EXHIBIT B
SCOPE OF SERVICES
Services Provided:
• Onsite Auburn IT Staff Presence: Auburn primary support function will be via
remote access and administration with primary contact and support provided
through email: Milton ITSuPPort0_)Auburnwa. _qov and phone support. Remote
login and various types of technical configuration management will be utilized to
minimize onsite and travel charges. Under this service level, City of Milton will
be allotted "onsite presence" 1 day (7.5 hours) per week for 3 months or up to
97.5 hours per year specific to meeting onsite support and technical
requirements. Day and times will be coordinated with Auburn IT availability and
may be altered th.rough written request process identified in section 11 above.
Auburn IT staff will also respond onsite to all technical matters not repairable
remotely utilizing allotted onsite hours or through authorized request at stated
rate, and will attempt to respond to non - critical items in multiples to minimize
trips where possible. All other support shall be provided remotely where possible.
• General network and desktop support including setup, configuration, and o.nsite
handling. Special projects, or "last minute" projects may incur charges based on
an individual and mutually agreed basis.
• GIS and Mapping Services shall be provided on a per project basis, with printing
costs the responsibility of Milton based on current Auburn rate schedules.
• Maintenance and management of Servers and "back -end" equipment to include:
• Telephones, servers, network equipment (routers, firewalls, switches)
• Server administration, including user setup, access, email and help desk
functionality
• Purchasing: Recommendations, quotes, vendor discussions shall be provided by
Auburn IT. Purchasing, purchase orders and requisitions will be the responsibility
of Milton.
o Milton can be added to certain City of Auburn software and hardware
agreements to receive similar volume and cost savings where applicable.
Such areas including Microsoft volume licensing, Springbrook, Sharepoint,
Antivirus protection, Netmotion and others.
• Web Services —
o Services may be available at Milton request.
• Backup operations, offsite storage and disaster recovery
o Auburn will evaluate current backup and d.isaster contingency plans and
make recommendations. Typically this includes weekly offsite storage
which is paid for by customer including configuration of daily incremental
and differential backups.
o Disaster recovery may result in an addition of services, or evaluation and
recommendation to enhance business continuity and operations based on
current procedures.
• Application and software end user support
• Vendor coordination and management as needed
• Operating system, and software patch management
(BF P 1179559. DOC;1 113018.9000001)
INTERLOCAL AGREEMENT
Draft City of Milton IT ILA, June 25, 2014
RESM1 a 0f 10 Page 215 of 280
• Technical recommendations including:
• Long and short term strategic planning
• Disaster recovery and business continuity planning
• Technology budget recommendations and planning
o Audit documentation and assistance with CJIS and WCIA annual audits
Requesting support:
All requests for service should be emailed to Milton ITSupportCa�auburnwa.ctov. Phone
calls will be accepted as Well, however tracking tickets and support via our help desk
system is preferred With a follow up phone call from Auburn staff. The request will be
forwarded to City of Auburn technical staff for resolution. Persons authorized to request
support on a non - emergency basis are City of Milton employees or their designee.
Service levels:
For requests e- mailed Monday through Friday from 7:00 am to 5:00 pm, we will try to
respond Within 30 minutes. During high call volumes, we will assist you as soon as
possible.
With authorization of Mayor, City Administrator or Police Chief, support outside regular
business hours will be provided on an emergency basis. If you need an immediate
response during off hours and have the appropriate authorization, please email
Milton ITSupportC�auburnwa.gov with the name of authorizing person and nature of
issue or call 253 - 876 -1947. Your issue will be forwarded to the on -call technician for
resolution.
Service Limitations:
e City of Auburn Will assist and provide recommendations on network security but
security remains the responsibility of City of Milton.
o City of Auburn will document, and present information relevant to technical audits
however compliance will be the responsibility of Milton, including CJIS and
ACCESS Audits.
• City of Auburn will assist and provide installation and recommendations on
hardware and software purchases. All hardware and software purchases are the
responsibility of City of Milton.
Additional Services:
City of Auburn may provide additional services, or alter existing services through the
appropriate approval process and addendum.
Additional services include but are not limited to:
GIS Services
Licensing Support: Netmotion and Virus Protection
{BFP1179559.DOC;1/13018.900000/ }
INTERLOCAL AGREEMENT
Draft City of Milton IT ILA, ,tune 25, 2014
REV.V 1 of 11 Page 216 of 280
Web Application and Design Services
Publishing and Design Services
Multimedia/ Film Services
Billing:
All service will be billed monthly according to Attachment B. Services that are billed on
an hourly basis will include a brief description of the service and the department where
the service was performed.. Monthly charges for service are based on an estimated 300
helpdesk requests annually. In the event annual helpdesk requests exceed 300 tickets,
City of Milton agrees to negotiate these additional services which may include mutually
agreed adjustments to monthly service charges.
(BFP1179559.DOC;1113018.900000/ )
INTERI.00AL AGREEMENT
Draft City of Milton IT ILA, June 25, 2014
Rffaj.Et12 of 12 Page 217 of 280
EXHIBIT C
COST OF SERVICES
Support Function
Operating Hours
Billing rate
Monthly cost
General Network and desktop
M - F, 7 a.m. - 5 p.m.
$2800.00 / month
$2600.00
maintenance and support including
excluding holidays
effective July 2,
operating system patch management,
2014 and monthly
virus system software management,
thereafter plus
general troubleshooting and problem
mileage based on
resolution that can be via remote
IRS standard
access /phone and minimal Milton office
mileage rate
visits where deemed possible allowing
equipment drop off and minimal hands on
configuration support.
One -time administration, setup and
N/A
$1500.00
remote license fee
Network and desktop repair and
M - F, 7 a.m. - 5 p.m.
Included. Mileage
Billed
maintenance that require onsite support
excluding holidays
billed separately
separately
or special projects with proper approval.
and based on IRS
standard mileage
rates
All support responses by City of Auburn
Non business hours,
$110.001 hour
Per incident as
technical support staff.
afterhours,
with one hour
required
emergency response
minimum plus
Note: COA technical support staff will not
mileage based on
respond without authorization from City of
IRS standard
Milton Mayor, Police Chief or City
mileage rate
Administrator,
Netmotion Client Software
nla
Evaluation Option
Per Client
Virus Protection Software
n/a
Evaluation Option
Yearly
{BFP 1179559.DOC;1 / 13018.900000/ )
INTERLOCAL AGREEMENT
Draft City of Milton IT ILA, June 25, 2014
RL89C13 of 13 Page 218 of 280
,IIYO1:
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Agenda Subject:
Resolution No. 5082
Department: Attachments:
Community Development & Resolution No. 5084
Public Works Exhibit
Administrative Recommendation:
City Council to adopt Resolution No. 5082.
Background Summary:
AGENDA BILL APPROVAL FORM
Date:
July 16, 2014
Budget Impact:
$0
The purpose of Resolution No. 5082 is for the City Council to authorize the City to
execute a Floodplain Management and Control Grant Agreement between the City of
Auburn and the Department of Ecology to assist the City with costs associated with real
estate acquisition, pre- construction site preparation activities, and construction of the
Mill Creek Wetland 5K Green Duwamish Ecosystem Restoration Project.
Under the terms of a Project Partnership Agreement (PPA), the City would be the Non-
federal Sponsor (NFS) and the Army Corps of Engineers would be the federal lead
agency for construction of the project. City of Auburn execution of the PPA and
participation in the construction of the project will be presented to the City Council for
consideration under Resolution No. 4959.
This project is listed in the City of Auburn 2014 -2019 Capital Facilities Plan as project
number CP0746. The grant would provide $532,000.00 to the City for use in acquiring
the real estate real estate interests needed, and to conduct pre- construction removal of
invasive plant species prior to construction of other project improvements. There are no
budget impacts associated with this grant. Revenue and expenses associated with the
Floodplain Management and Control Grant have previously been included in the City's
2014 budget and identified in the City's 2014 -2019 Capital Facilities Plan as "Grants,
Other Sources ".
The Floodplain Management and Control Grant has a 20 percent minimum match
funding requirement, which equals $106,400.00. This requirement will be met with a
portion of the $5,206,048.00 in other federal and City funds budgeted for the project.
RES.D AUBURN * MORE THAN YOU IMAGINED Page 219 of 280
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Legal,
Councilmember: Wales Staff: Coleman
Meeting Date: July 21, 2014 Item r: RES.D
RES.D AUBURN * MORE THAN YOU IMAGINED Page 220 of 280
RESOLUTION NO. 5082
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
GRANT AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE STATE DEPARTMENT OF
ECOLOGY
WHEREAS, the Auburn City Council finds that restoration of that portion of
Mill Creek located within the City will benefit the citizens of Auburn by enhancing
flood control within the City and by improving fish habitat; and
WHEREAS, the Auburn City Council previously adopted Resolution No.
4558 authorizing the execution of a Design Agreement between the City of
Auburn and the Department of the Army for design of the Mill Creek Wetland 5K
Green Duwamish Ecosystem Restoration Project on February 12, 2010; and
WHEREAS, the design for construction of the Mill Creek Wetland 5K
Green Duwamish Ecosystem Restoration Project has been completed under the
Design Agreement; and
WHEREAS, U.S. Army Corps of Engineers has received federal funding to
construct the Mill Creek Wetland 5K Green Duwamish Ecosystem Restoration
Project; and
WHEREAS, under the Water Resources Development Act of 1986, local
governments wishing to have such projects constructed within their jurisdictions
must contribute a portion of the project costs; and
WHEREAS, the City of Auburn has included the Mill Creek Wetland 5K
Green Duwamish Ecosystem Restoration Project in its 2014 -2019 Capital Facility
Resolution No. 5082
July 16, 2014
RES.D Page 1 of 3
Page 221 of 280
Plan, subject to securing additional grant funding to assist with paying project
costs; and
WHEREAS, the city applied for and was awarded a Floodplain
Management and Control Grant from the Department of Ecology; and
WHEREAS, the Floodplain Management and Control Grant would provide
$532,000.00 to the City to assist with real estate acquisition, pre- construction site
preparation activities, and construction of the Mill Creek Wetland 5K Green
Duwamish Ecosystem Restoration Project
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. That the Mayor of the City of Auburn and the Auburn City
Clerk are hereby authorized to execute a Floodplain Management and Control
Grant Agreement between the City of Auburn and the Department of Ecology
which agreement shall be in substantial conformity with the Agreement attached
hereto as Exhibit "A" and incorporated herein by this reference..
Section 2. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Resolution No. 5082
July 16, 2014
RES.D Page 2 of 3
Page 222 of 280
Dated and Signed this day of , 2014
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Resolution No. 5082
July 16, 2014
RES.D Page 3 of 3
Page 223 of 280
Exhibit A
ECOLOGY Grant Agreement No. G140OXXXX
between the
State of Washington Department of Ecology and
City of Auburn
Project Title: Mill Creek Restoration
THIS is a binding agreement entered into by and between the state of Washington, Department of
ECOLOGY, (PO Box 47600, Olympia, Washington, 98504 -7600) hereinafter referred to as
"ECOLOGY" and City of Auburn, hereinafter referred to as the "RECIPIENT" to carry out the
651 activities described herein.
RECIPIENT Name: City of Auburn
25 West Main Street
Auburn, WA 98001
RECIPIENT Project Coordinator:
Telephone Number:
E -mail address:
Fiscal Contact for RECIPIENT:
Telephone:
E -mail address:
Payee on Warrant
Project Manager for ECOLOGY:
E -mail address
Chris Andersen
Environmental Services Program
Community Development & Public Works Dept
(253) 876 -1962
candersen @auburnwa.gov
(same)
City of Auburn
(address as above)
The source of funds provided by ECOLOGY are authorized by the 2013 Washington State
Legislature, §3069 of the Capital Budget.
Maximum Capital Investment Funding:
Maximum Eligible Project Cost:
$532,000
$5,738,048
State Maximum Cost Share Rate: 80% UP TO a maximum State Share of $532,000
The start date of this agreement is May 1, 2014; the end date is June 30, 2015
RES.D Page 1 of 23 Page 224 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
Scope of Work
Project Title: Mill Creek Restoration
Description Background
Mill Creek was historically an active floodplain surrounded by a broad wetland
community. As the area developed, Mill Creek has been straightened and the land
cleared; first for agricultural purposes and then urban and industrial development. In
the project reach, Mill Creek has been channelized to facilitate agricultural activities
that ceased by the early 1990s. Currently, invasive plant species have overrun the
channel and floodplain; thereby interrupting natural riparian processes and significantly
degrading habitat function within the Creek. The project reach is currently
characterized by a wide, flat plain; dominated by non - native invasive reed canary
grass. Reed canary grass chokes the undersized stream channel and contributes to
frequent flood events.
Project
The project would restore stream and floodplain along an estimated one mile of Mill
Creek. The project would create and enhance stream channel, increase floodplain
connectivity and storage (approximately 17.5 acre -feet of new storage), and re-
vegetate approximately 19 acres of riparian habitat. This project is a joint effort
between the City of Auburn and the United States Army Corps of Engineers
(USACOE).
Scope of Work
The design of the project has been completed and a plan set is currently under review.
The funding provided by this grant agreement will be applied to the costs of pre -
construction activities (invasive species removal) and property acquisition necessary to
implement the project.
The property to be acquired (King County Assessor's parcel numbers: 1221049037,
1221049038, 1221049039, 1221049007) is a vacant 21.12 -acre site consisting of four
degraded wetland parcels located between State Route -167 (SR -167) and West Valley
Highway N in Auburn. The site is dominated with invasive, non - native reed canary
grass, and native willow species are found along portions of Mill Creek. The existing
stream channel has aggraded with sediments transported from its upper reaches on
West Hill, which then settle out in the project reach as the gradient of the stream bed
decreases markedly. The existing 6' x 8' culvert crossing at 15th Street NW has
approximately 30% of its volume filled with sediment, and is a documented hydraulic
conveyance restriction.
Mill Creek, a salmonid- bearing stream, currently flows along the eastern portion of the
property, ranging between 150 -300 feet from SR -167. The property is critical to the
project as it is required to facilitate the project's planned relocation of the Mill Creek
stream channel 300 -500 feet further to the west, away from SR -167 and the
replacement of the existing 6' x 8' box culvert at 15th Street NW with a 20 -foot wide, fish
passable stream simulation culvert. Without the acquisition of the property, the
RECIPIENT would not be able to construct the project.
Location Latitude: 47.3210 Longitude - 121.247
River: Mill Creek River Mile: 4.1 - 5.1
RES.D Page 225 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
Work Program The RECIPIENT shall perform the following work tasks:
Task 1: Project Coordination, Management, and Administration
The RECIPIENT will coordinate throughout the grant period with ECOLOGY's
Floodplain Program Manager and other state agencies and Indian tribes as applicable
to ensure the objectives of this funding opportunity are met.
Coordination issues include but are not limited to flood plain management, permit,
construction / restoration, habitat, and public access recreation issues.
Deliverables: Updates in Quarterly Progress Reports as follows:
Progress Report
Reporting Period
Date Due
First Quarter (Year 1)
April 1 — June 30, 2014
July 30, 2014
Second Quarter
Jul 1 — September 30
October 30, 2014
Third Quarter
October 1- December 31
January 30, 2015
Fourth Quarter (Year 2)
January 1 — March 30
April 30, 2015
First Quarter
April 1 — June 30, 2015
July 30, 2015
See Special Terms and Conditions for details on progress reporting.
Due Date: 30 days following end of each quarter.
Task Cost: $7,000
Cost to ECOLOGY: $0
RECIPIENT Cost: $7,000
Task 2: Pre- Construction - Invasive Plant Species Removal
RECIPIENT will conduct invasive plant species removal throughout the project site to
prepare for project construction. The project site is predominantly vegetated with
invasive, non - native Reed canary grass (Phalaris arundinacea). This invasive plant
species will be removed prior to project construction consistent with the guidelines and
requirements of the City of Auburn municipal code. If any herbicide or pesticides will be
used during invasive species removal, this shall be conducted by an
herbicide /pesticide applicator licensed in the State of Washington. Prior to
commencement of any invasive plant species removal activities, the RECIPIENT shall
secure the necessary approvals and permits required by authorities having jurisdiction
over the project, provide assurance to Ecology that all approvals and permits have
been secured, and make copies available to ECOLOGY.
RES.D Page 226 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
Deliverables: • Copies of permits necessary to conduct pre- construction activities, if
applicable
• One set: Digital photographic documentation of the project before,
during, and after pre- construction to effectively illustrate important pre -
construction activities and project progress. Each image will be labeled
with the date, location and features represented. Updates in progress
reports due quarterly.
• Updates in Quarterly Progress Reports to include a permit table
depicting all necessary permits and issuing agencies required for project
completion.
• Copy of an executed construction agreement (Project Partnership
Agreement) between the USACOE and the Recipient.
Due Date: Quarterly- Submitted with Quarterly Progress Reports, per the matrix in Task 1
Task Cost: $50,000
Cost to ECOLOGY: $20,000
RECIPIENT Cost: $30,000
Task 3 Property Acquisition
RECIPIENT will acquire all necessary property or easements required to construct
the project. All properties acquired will be used to enhance the restoration project
or used in perpetuity for open space purposes only. Restrictions from future
development will be placed on the deed and will be recorded on the title. See
Exhibit A for the Restrictive Covenant and related documents which shall become
part of this acquisition. ECOLOGY shall be in receipt of complete documentation
before payment is released for the acquisition.
Deliverables: (Two copies) Acquisition Report to include but not limited to:
1. A project vicinity map
2. A project detail map showing the location of properties purchased;
3. List of properties acquired with (previous owner) names / addresses
4. Right of Way plans
5. Acquisition documents for each property including:
a. Title Reports139,048
b. Appraisals
c. Appraisal Reviews
d. Environmental Assessments, if necessary
RES.D Page 227 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
e. Clean Site Certifications, if necessary
f. Closing Statements
g. Offer Letters
h. Recorded Deeds and Easements with title restrictions
i. (Digital) photographic documentation of project properties
before project implementation in sufficient quantity /
quality to effectively illustrate existing features on the
property.
Due Date: February 2015
Task Cost: $651,048
Cost to ECOLOGY: $512,000
RECIPIENT Cost: $139,048
Task 4 Planning, Design, Construction, and Monitoring
Recipient will prepare final design plans for project construction. Under the terms of the
Project Partnership Agreement between the RECIPIENT and USACOE, USACOE is
responsible for obtaining all required regulatory permits and approvals for construction
of the project. Prior to commencement of any construction, the Recipient shall provide
assurance to Ecology that all approvals and permits have been secured, and make
copies available to Ecology.
The USACOE will lead the contractor procurement process following federal guidelines
and regulations. The USACOE will be the lead for construction oversight, with the
Recipient providing support as needed. As -built surveys will be prepared following
completion of construction, in order to document final locations of all elements and
associated topography.
Key elements include:
2.1 Creating a new meandering stream channel in sections of the project reach, and
enhance the existing channel in other sections.
2.2 Building earthen berms in strategic locations to provide higher ground for trees
and shrubs.
2.3 Creating new side channels and connecting existing tributary channels to
increase connectivity and provide fish habitat and refuge.
2.4 Clearing non - native plants, and establishing native trees, shrubs and vegetation
long a 200 foot wide corridor on both sides of Mill Creek.
2.5 Installing a new streambed simulation culvert under 15th ST NW for improved fish
passage and flood flows conveyance. Modifying and maintaining the existing
culvert.
RES.D Page 228 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
Recipient will prepare a monitoring plan to ensure the viability of plantings; with
recommendations for corrective action if re- vegetation fails to thrive.
Deliverables: • Final Design plan(s)
• One hard copy of the as -built or final construction plan set
• Copy of Monitoring Plan
Due Date: January 2016'
Task Cost: $5,030,000
Cost to ECOLOGY: $0
RECIPIENT Cost:
Task 5
$5,030,000
Final Report
The RECIPIENT will prepare a brief narrative final report detailing the completed
project activities during the performance period of this agreement. The final report
shall also include digital photos of the acquired parcels during project
implementation in sufficient quantity / quality to effectively illustrate existing features
on the property.
Deliverables: Final Report- including digital photos of acquired parcels during project
implementation
Due Date: January 20162
Task Cost: Included in Task 1, Project Coordination, Management, and Administration
Cost to ECOLOGY Included in Task 1, Project Coordination, Management, and Administration
RECIPIENT Cost: Included in Task 1, Project Coordination, Management, and Administration
Note: Although no Ecology funding is requested for Task 4, Planning, Design, Construction, and
Monitoring, this grant agreement will not conclude prior to receipt of all deliverables described in Tasks 1-
5.
2 Note: Although no Ecology funding is requested for Task 5, Final Report, this grant agreement will not
conclude prior to receipt of all deliverables described in Tasks 1 -5
RES.D
Page 229 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
Note': The RECIPIENT shall notify ECOLOGY in writing of the project's completion and
arrange for final inspection of the project by ECOLOGY.
Note 2: All deliverables are to be sent to ECOLOGY's Project Manager as listed on page one
of this agreement.
Schedule I]
RES.D Page 230 of 280
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RES.D Page 230 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
BUDGET
Budget Conditions
Failure to comply with required permits constitutes a breach of contract, which may result
in termination of this agreement.
2. Project Administration:
For the administration of this agreement the RECIPIENT must follow the current edition
of the Administrative Requirements for RECIPIENTs of ECOLOGY Grants and Loans
(Yellow Book). http: / /www.ecy.wa.gov /biblio /9118.html. Please note that this document
is being updated. In the event of inconsistency between these documents, unless
otherwise provided herein, the inconsistency will be resolved by giving precedence in the
following order:
a) Applicable Federal and State statutes and regulations.
b) Scope of Work.
c) Special Terms and Conditions.
d) Any terms incorporated herein by reference including the "Administrative
Requirements for RECIPIENTs of ECOLOGY Grants and Loans."
e) The General Terms and Conditions.
3. Invoicing:
• Grants are awarded on a reimbursable basis. The RECIPIENT initially pays project
costs as they incur. Invoicing to ECOLOGY is usually by quarter but not more often
than once per month. Upon presentation of an invoice to the RECIPIENT,
ECOLOGY's share of the project is reimbursed to the RECIPIENT.
• The RECIPIENT must submit complete backup documents with each invoice
including but not limited to all invoiced costs and time sheets - signed and dated by
employee and supervisor. The RECIPIENT must keep these expenses in grant
files according to budget task for a period of three years after project completion
and make them available at any time for inspection by ECOLOGY.
Expenditures will be monitored by ECOLOGY for compliance with the budget as listed on
page 8. When submitting invoices to ECOLOGY, the RECIPIENT shall highlight (or
otherwise indicate) all costs on backup documentation to avoid data searches for cost
verification by ECOLOGY. These costs will be listed on ECOLOGY's Voucher Support
Form (C2 form) with subtotals. All payment requests must have forms A, B, C (and D if
applicable for consultant services), be accompanied by a commensurate progress report, and
receive ECOLOGY Project Manager approval before payment can be released.
• Budget deviations are allowed between budget objects (mobilization, equipment,
etc) e.g., a grantee may spend less money on one object and more on another),
but in no circumstances may the RECIPIENT exceed the total project cost. If the
total of all budget deviations exceeds 10 percent of the entire project cost, the
ECOLOGY Project Manager may require a written budget redistribution.
RES.D Page 231 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
• NOTE: For payment requests, the RECIPIENT must use the ECOLOGY forms
provided. Otherwise, ECOLOGY will return requests to the RECIPIENT for
submittal on the correct forms.
• Requests for reimbursement must be submitted at least quarterly but not more
than once per month by the RECIPIENT on state invoice voucher forms.
• Right to Audit: The RECIPIENT agrees that payment(s) made under this grant
shall be subject to reduction for amount charged thereto which are found after audit
examination not to constitute allowable costs under this grant. The RECIPIENT
shall refund by check payable to ECOLOGY the amount of such reduction of
payments under completed or terminated grants.
• All travel costs shall not exceed State travel rates:
httD://www.ofm.wa.aov/resources/travel.asD
• Payment of invoices is contingent on receipt of viable deliverables as determined
by ECOLOGY's Project Manager.
4. The source of funds provided by ECOLOGY are authorized by the 2013 Washington State
Legislature, §3069 of the Capital Budget.
5. Expenditure Budget: (for RECIPIENT reporting and ECOLOGY tracking purposes):
Maximum Eligible Project Cost $5,738,048
State Maximum Cost Share Rate:
80% UP TO a maximum State Share of $532,000
See matrix that follows on page 10 for budget breakout.
RES.D Page 232 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
Budget Matrix
TASK
Work Item
Unit
Qty
Unit Cost
Extended
Cost
Ecology
City
1
Project Coordination
LS
1
$7,000
$7,000
Subtotal
$7,000
$0
$7,000
2
Pre - Construction
Acre
22
$2,274
$50,000
Subtotal
$50,000
$20,000
$30,000
3
Acquisition
Acre
21.1
$30,855
$651,048
Subtotal
$651,048
$512,000
$139,048
4
Construction
LS
1
$5,030,000
$5,030,000
Subtotal
$5,030,000
$0
$5,030,000
Project Subtota Is
$5,738,048
$532,000
$5,206,048
Total Project
$5,738,048
RES.D Page 233 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
Special Terms and Conditions
AGREEMENT PROVISIONS
Compliance with all Laws: The RECIPIENT shall comply fully with all applicable
federal, state and local laws, orders, regulations and permits.
2. Restrictions on Lobbying: The RECIPIENT of this agreement is prohibited from
using funds provided by this agreement for lobbying purposes in accordance with
the "Administrative Requirements for Recipients of ECOLOGY Grants and Loans ",
Publication No. 91 -18, current edition, Part III, Section G.
3. Local Decision: This grant is made in response to a request for financial
assistance from the RECIPIENT to undertake an Integrated Floodplain Restoration
project. The choice of floodplain management activities addressed by this grant is
a local decision made solely by the RECIPIENT. The RECIPIENT is not acting as
an agent of the State.
4. Lawsuits: ECOLOGY shall not be responsible for any non - contractual damage or
inverse condemnation claims resulting from the structures or works constructed,
repaired, restored, maintained, or improved pursuant to this grant.
5. Indemnification, Hold Harmless and Duty to Defend
a. ECOLOGY shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein,
except as provided in the scope of work.
b. This paragraph applies to negligence based claims only. All other claims are
governed by paragraph 4 of this section. To the extent the constitution and
laws of the State of Washington permit, RECIPIENT shall indemnify, defend
and hold harmless the State, its agencies, officers and employees, from all
claims, suits or actions brought for any or all injuries to persons or property
arising from, or as a consequence of, negligent acts or omissions related to the
construction, restoration, repair, maintenance, improvement or operation of the
structures or works for which this grant is provided. If the structures or works
for which this grant is received are a portion of an integrated flood protection
system, RECIPIENT agrees to indemnify, defend and hold harmless the State
of Washington, its agencies, employees, and officers against any and all
liability arising out of the operation, maintenance, or repair of that integrated
flood protection system; PROVIDED, however, that this provision is not
intended to and shall not be construed as a waiver by RECIPIENT of any
immunities conferred upon the RECIPIENT by RCW 86.13.037 nor is it
intended to, and it shall not be construed to, confer any rights upon third
parties.
The RECIPIENT will not be required to indemnify, defend, or hold harmless the
State, its agencies, officers or employees as provided in the preceding
paragraph of this section if the claim, suit, or action for injuries, death, or
damages is caused by the sole negligence of the State. Where such claims,
suits, or actions result from the concurrent negligence of (a) the State, or the
RES.D Page 234 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
State's agents or employees and (b) the RECIPIENT or the RECIPIENT's
agents or employees, the indemnity provisions provided in the preceding
paragraphs of this section shall be valid and enforceable only to the extent of
the RECIPIENT' negligence or the negligence of its agents and employees.
C. To the extent that the constitution and laws of the State of Washington permit,
RECIPIENT shall indemnify and hold harmless the State of Washington, its
agencies, employees, and officers against any and all liability arising out of the
continued operation, maintenance, or repair of the structures or works
constructed, restored, repaired, maintained or improved as a result of this
grant. If the structures or works for which this grant is received are portions of
an integrated flood protection system, RECIPIENT agrees to indemnify, defend
and hold harmless the State of Washington, its agencies, employees, and
officers against any and all liability arising out of the operation, maintenance, or
repair of that integrated flood protection system; PROVIDED, however, that the
indemnity provisions of this paragraph are not intended to and shall not be
construed as a waiver by RECIPIENT of any immunities conferred upon the
RECIPIENT by RCW 86.13.037 nor are they intended to, and they shall not be
construed to, confer any rights upon third parties. This agreement applies to all
non - negligent, non - contractually based claims including, but not limited to,
inverse condemnation, contribution, indemnification, trespass and /or nuisance.
6. Responsibilities of the Project Manager: The RECIPIENT' Project Manager
shall be responsible for the procedural obligations under this agreement in
addition to his /her duty to coordinate the project hereunder. He /She shall
cooperate with all parties concerned in every way possible to promote
successful completion of the services described in the Scope of Work.
7. Environmental Standards
a. RECIPIENTS who collect environmental- monitoring data must provide
these data to ECOLOGY using the Environmental Information Management
System (EIM). To satisfy this requirement these data must be successfully
loaded into EIM, see instructions on the EIM website at:
http: / /www.ecy.wa.gov /eim.
b. RECIPIENTS are required to follow ECOLOGY's data standards when
Geographic Information System (GIS) data are collected and processed.
More information and requirements are available at:
http://www.ecy.wa.gov/services/gis/data standards/standards. htm.
RECIPIENTS shall provide copies to ECOLOGY of all final GIS data layers,
imagery, related tables, raw data collection files, map products, and all
metadata and project documentation.
C. RECIPIENTS must prepare a Quality Assurance Project Plan (QAPP) when
a project involves the collection of environmental measurement data.
QAPP is to ensure the consistent application of quality assurance principles
to the planning and execution of all activities involved in generating data.
RECIPIENTS must follow ECOLOGY's Guidelines for Preparing Quality
Assurance Project Plans for Environmental Studies, July 3004 (ECOLOGY
Publication No. 04 -03 -030). ECOLOGY shall review and approve the
QAPP prior to start of work. The size, cost, and complexity of the QAPP
should be in proportion to the magnitude of the sampling effort.
RES.D Page 235 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
8. Quarterly Reporting: Quarterly Reports are contingent on the start date of the
agreement. For timely preparation and review, quarterly reports shall convey
essential information in a simple, concise manner through the use of bulleted
summary statements, lists, and tables and include the following:
a. A comparison of actual accomplishments to the objectives established for the
reporting period including a description of issues on fisheries resources;
b. For any work related to GIS, designate data standard utilized and associated
data documentation.
c. Status of project schedule
d. Personnel changes
e. Any difficulties encountered during the quarter.
f. Environmental benefits being achieved by the project
Note: A quarterly progress report is required for each quarter of this agreement. If
no work was conducted in that quarter, state that and submit the report.
Reporting Periods (sample)
Progress Report
Reporting Period
Date Due
First Quarter (Year 1)
August 1 — September 30
October 30
Second Quarter
October 1 — December 31
January 30
Third Quarter (Year 2)
January 1 — March 31
April 30
Fourth Quarter
April 1 — June 30
July 30
First Quarter
Jul 1 — September 30
October 30
Second Quarter
October 1- December 31
January 30
Third Quarter (Year 3)
January 1 — March 31
April 30
Fourth Quarter
April 1 — June 30
July 30
For Report Contents and ECOLOGY's form: Please visit our website at:
htt: / /www.ecy.wa.�ov /�ro� rams/ sea /rants /flooddama�e�revention
9. Identification of Project Materials: All reports, maps, and other documents
published as part of this grant agreement shall carry the name of the RECIPIENT,
ECOLOGY's grant number (in the upper right hand corner), title, the specific task
number of the product and date centered on the front cover or title page (or in the
case of maps, the block which contains the name of the Government unit or
Department).
10. Format for Publications and Brochures: Any (hard copy) publications or
brochures required as a product of this agreement shall conform to minimum
standards of size, 8 -1/2" x 11" white, recycled paper equivalent in weight to 30 lb.
bond, single spaced, printed both sides, no less than 1" margins. Photos, il-
lustrations, and graphs must be of reproducible quality.
RES.D Page 236 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
11. Amendments and Modifications: This Agreement may be altered, amended, or
waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect
unless in writing and signed by authorized representatives of both parties.
ECOLOGY and the RECIPIENT may change their respective staff contacts and
administrative information without the concurrence of either party.
12. Minority And Women's Business (MWBE) Participation: The RECIPIENT
agrees to solicit and recruit, to the maximum extent possible, certified minority -
owned (MBE) and women -owned (WBE) businesses in purchases and contracts
initiated after the effective date of this Agreement.
In the absence of more stringent goals established by the RECIPIENT's jurisdiction,
the RECIPIENT agrees to utilize ECOLOGY'S goals for minority- and women -
owned business participation in all bid packages, request for proposals, and
purchase orders. These goals are expressed as a percentage of the total dollars
available for the purchase or contract and are as follows:
Construction /Public Works
Architecture /Engineering
Purchased Goods
Purchased Services
Professional Services
10% MBE
6 %WBE
10% MBE
6 %WBE
8% MBE
4 %WBE
10% MBE
4 %WBE
10% MBE
4 %WBE
Meeting these goals is voluntary and no contract award or rejection shall be made
based on achievement or non - achievement of the goals. Achievement of the goals
is encouraged, however, and the RECIPIENT and ALL prospective bidders or
persons submitting qualifications shall take the following affirmative steps in any
procurement initiated after the effective date of this Agreement:
a. Include qualified minority and women's businesses on solicitation lists.
b. Assure that qualified minority and women's businesses are solicited whenever
they are potential sources of services or supplies.
c. Divide the total requirements, when economically feasible, into smaller tasks
or quantities, to permit maximum participation by qualified minority and
women's businesses.
d. Establish delivery schedules, where work requirements permit, which will
encourage participation of qualified minority and women's businesses.
e. Use the services and assistance of the State Office of Minority and Women's
Business Enterprises (OMWBE) and the Office of Minority Business
Enterprises of the U.S. Department of Commerce, as appropriate.
By signing this Agreement, the RECIPIENT certifies that the above steps were, or
will be followed. Any contractor engaged by the RECIPIENT under this agreement
shall be required to follow the above five affirmative steps in the award of any
subcontract(s).
RES.D Page 237 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
The RECIPIENT shall report to ECOLOGY at the time of submitting each invoice,
on forms provided by ECOLOGY, payments made to qualified firms. The report will
address:
Name and state OMWBE certification number of any qualified firm receiving
funds under the voucher, including any sub - and /or sub - subcontractors.
g. The total dollar amount paid to qualified firms under this invoice.
13. Right to Audit: The RECIPIENT agrees that payment(s) made under this grant
shall be subject to reduction for amount charged thereto which are found after audit
examination not to constitute allowable costs under this grant. The RECIPIENT
shall refund by check payable to ECOLOGY the amount of such reduction of pay-
ments under completed or terminated grants.
14. Grant Closeout: The end date for this project is June 30, 3015. A grace period
of 453 days for all deliverables and invoice vouchers is allowed as stipulated in the
scope of work or by the State Office of Financial Management (OFM) through
ECOLOGY's Fiscal Office.
15. All Writings Contained Herein: This agreement, the appended "General Terms
and Conditions ", and ECOLOGY's current edition of "Administrative Requirements
for RECIPIENTs of ECOLOGY Grants and Loans" contain the entire understanding
between the parties, and there are no other understandings or representations
except those set forth or incorporated by reference herein. No subsequent
modification(s) or amendments to this agreement shall be of any force or effect
unless in writing, signed by authorized representatives of the RECIPIENT and
ECOLOGY and made a part of this agreement.
IN WITNESS WHEREOF, the parties hereby sign this Grant Agreement:
State of Washington
Department of ECOLOGY
Gordon White Date
Program Manager
Shorelands and Environmental
Assistance Program
Approved as to form only by
The Assistant Attorney General
City of Auburn
Signature, Authorized Official Date
Print Name of Authorized Official
Title of Authorized Official
(Note: Insert additional signature
blocks(s) and /or pages if more than one
signature block is required)
3 In the event the agreement ends at June 30, at the end of the State biennium, the RECIPIENT will
be required to submit both payment request and all deliverables by July 18 or the date as decided by
the ECOLOGY Fiscal Office.
RES.D Page 238 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
Exhibit A: Restrictive Covenant Template for Property Acquisition
Restrictive Covenant for the City of
Upon recording return to:
(Project Manager)
(Department of)
(City of)
(address)
(City) WA 98
Restrictive Covenant for the City of
For the
Levee Right of Way
Tax Lot 4
Notice is hereby given that the property acquisition
hereinafter referred to as the " " property and legally described below, is subject to
certain use restrictions. The purpose of these restrictions is to prevent this land from future
development and to ensure that the property will be used to enhance the
restoration project in perpetuity while allowing public access.
These restrictions are a condition of the grant funding appropriated by the Department of
ECOLOGY through the 2013 Washington State Legislature under § 3069 of the Capital Budget to
restore the stream and floodplain and are enforceable by ECOLOGY.
Uses of the property are restricted to those set forth below. These
restrictions and obligations are intended to run with the land and shall be binding on the City
of , its heirs, successors, and assigns:
1) Restoring the land to natural habitat conditions by removing human structures,
2)
materials, waste, etc.;
Enhancing the
Auburn from flooding;
stream and floodplain to protect the City of
3) Re- vegetation of the stream and floodplain to prevent erosion;
4) Providing vegetation management of exotic species (such as Reed Canary
grass, purple loosestrife, etc.);
5) Allowing for maintenance, repair, and necessary reconstruction of the
restoration project and all associated elements;
6) Allowing for pervious site access;
7) Enhancement of the stream and floodplain for fish and wildlife habitat; and
8) Providing open space and recreation.
Legal Description of Acquisition Area for the
RES.D Page 239 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and
Project Title: Mill Creek Restoration
That portion of the
In witness whereof, the City of
, 30
Signature, Authorized Official,
Print Name of Authorized Official
Title of Authorized Official
Attest:
STATE OF WASHINGTON
CITY OF SS.
City of Auburn
has executed this document this
day of
On this day before me personally appeared , to me known to be the
Mayor of the City of that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of such municipality, for
the uses and purposes therein mentioned, and on oath stated that the execution of the instrument
was duly authorized.
In witness whereof I have hereunto set my hand and affixed my official seal this day of
, 30
Notary Signature
Notary name printed or typed
NOTARY PUBLIC in and for the State of Washington
Residing at:
RES.D Page 240 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
ATTACHMENT II: General Terms And Conditions
Pertaining To Grant And Loan Agreements Of The Department Of ECOLOGY
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and
RECIPIENT's employees. The RECIPIENT shall only use contractor /consultant assistance if that has
been included in the agreement's final scope of work and budget.
B. SUBGRANTEE /CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions
of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this
agreement, the state of Washington is named as an express third -party beneficiary of such subcontracts
with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering
services shall be awarded through a competitive process, if required by State law. RECIPIENT shall
retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the
RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals
and permits required by authorities having jurisdiction over the project, provide assurance to the
DEPARTMENT that all approvals and permits have been secured, and make copies available to the
DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State
laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively
support the program of the Office of Minority and Women's Business Enterprises to the maximum
extent possible. If the agreement is federally- funded, the RECIPIENT shall report to the
DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses.
3. Wages and Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and
policies of the United States and the State of Washington which affect wages and job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial
insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall
have the right to immediately terminate this agreement for cause as provided in Section K.1, herein.
RES.D Page 241 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in
this project to give up any part of the compensation to which he /she is otherwise entitled or, receive any
fee, commission or gift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this agreement.
Such records shall clearly indicate total receipts and expenditures by fund source and task or object.
All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All
records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work accomplished under
this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly
authorized audit representative of the State of Washington for a period of at least three years after the
final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify
discrepancies in the financial records, the RECIPIENT shall provide clarification and /or make
adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be made available to
the DEPARTMENT and to any authorized state, federal or local representative for inspection at any
time during the course of this agreement and for at least three years following grant/loan termination
or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A -133 (Audits of States, Local Governments &
Non Profit Organizations), including the compliance Supplement to OMB Circular A -133, if the
RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each
year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy
of the audit along with the RECIPIENT'S response and the final corrective action plan to the
DEPARTMENT within ninety (90) days of the date of the audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such
other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the
DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to
meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the
action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation.
Payments may be withheld if required progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1
through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days
following the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in
the grant agreement and no more often than once per month. Each request for payment will be
submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along
with documentation of the expenses. Payments shall be made for each task /phase of the project, or
portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as
satisfactory by the Project Manager.
The payment request form and supportive documents must itemize all allowable costs by major
elements as described in the Scope of Work. Instructions for submitting the payment requests are
found in "Administrative Requirements for Recipients of ECOLOGY Grants and Loans ", Part IV,
published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT.
When payment requests are approved by the DEPARTMENT, payments will be made to the mutually
agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to
the Project Manager assigned to administer this agreement.
RES.D Page 242 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the
grant/loan agreement and performed after the effective date and prior to the expiration date of this
agreement, unless those dates are specifically modified in writing as provided herein.
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within
forty -five (45) days after the expiration date of this agreement and within fifteen (15) days after the
end of a fiscal biennium. Failure to comply may result in delayed reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent
(10 %) of each reimbursement payment as security for the RECIPIENT's performance. Monies
withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein,
or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is
reasonable and approved according to this agreement and, as appropriate, upon completion of an
audit as specified under section J.S. herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the
DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to
the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other
public entities, it shall not exceed the amount allowed under state law for state employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the
Scope of Work hereunder.
K. TERMINATION
For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory
performance by the RECIPIENT of all of its obligations under this agreement. In the event the
RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required
of it by this agreement, the DEPARTMENT may refuse to pay any further funds there under and /or
terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the effective date of
termination. In that event, all finished or unfinished documents, data studies, surveys, drawings,
maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this
agreement, at the option of the DEPARTMENT, shall become DEPARTMENT property and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for
damages sustained by the DEPARTMENT and /or the State of Washington because of any breach of
agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff
until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is
determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the
availability of state and federal funds through legislative appropriation and state allotment. When this
agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the
appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall
be good cause to terminate this agreement as provided in paragraph K.1 above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to
continue or complete the project described herein shall be contingent upon appropriation of funds by
the RECIPIENT's governing body; provided, however, that nothing contained herein shall preclude
the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance
with Section O herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project
funded herein within four months after the effective date of this agreement, or by any date agreed
upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this
agreement.
RES.D Page 243 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any
provision of this agreement is not a waiver of any subsequent breach and will not be construed as a
modification of the terms of this agreement unless stated as such in writing by the authorized
representative of the DEPARTMENT.
M. PROPERTY RIGHTS
Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any
patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains
a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use
the material(s) or property and to authorize others to use the same for federal, state or local
government purposes. Where federal funding is involved, the federal government may have a
proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as
provided in 35 U.S.C. 200 -212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish
information of the DEPARTMENT; present papers, lectures, or seminars involving information
supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs,
brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for
Recipients of ECOLOGY Grants and Loans ", Part V, shall control the use and disposition of all real
and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the
absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific
instructions with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal
property directly to the RECIPIENT for use in performance of the project, it shall be returned to the
DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or
damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or
by setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement
includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that
the cost of land /or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel
prior to disbursement of funds provided by this agreement. Such evidence may include title
insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the
land is free from any impediment, lien, or claim which would impair the uses contemplated by this
agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT
shall not at any time convert any equipment, property or facility acquired or developed pursuant to this
agreement to uses other than those for which assistance was originally approved without prior written
approval of the DEPARTMENT. Such approval may be conditioned upon payment to the
DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance
which monies granted pursuant to this agreement bear to the total acquisition, purchase or
construction costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to
implement sustainable practices where and when possible. These practices include use of clean energy,
and purchase and use of sustainably produced products (e.g., recycled paper). For more information, see
http. / /www.ec .wa oov /sustainability /.
RES.D Page 244 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon
satisfactory performance of this agreement including the satisfactory completion of the project described
in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of
it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to
the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are
rendered worthless in the opinion of the DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent (12 %) per year from the time the DEPARTMENT
demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to
insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which
had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement,
at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S
liability to repay monies shall be reduced by an amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the
RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project
Manager or other designated official to whom the RECIPIENT shall report and be responsible. In the
event there is a dispute with regard to the extent and character of the work to be done, the determination
of the Project Manager or other designated official as to the extent and character of the work to be done
shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under
this agreement which is not disposed of in writing shall be decided by the Project Manager or other
designated official who shall provide a written statement of decision to the RECIPIENT. The decision of
the Project Manager or other designated official shall be final and conclusive unless, within thirty days
from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of
the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity
to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized
representative for the determination of such appeals shall be final and conclusive. Appeals from the
Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision
of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline
Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with
the performance of this agreement and in accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any function or
responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision
which affects his /her personal interest or the interest of any corporation, partnership or association in
which he /she is, directly or indirectly interested; nor shall he /she have any personal or pecuniary interest,
direct or indirect, in this agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees,
and other costs related to the project described herein, except as provided in the Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party shall
indemnify and hold the other harmless from and against any liability for any or all injuries to persons
or property arising from the negligent act or omission of that party or that party's agents or employees
arising out of this agreement.
RES.D Page 245 of 280
Agreement No. G1400xxx between the
Washington State Department of ECOLOGY and City of Auburn
Project Title: Mill Creek Restoration
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this agreement which can be given
effect without the invalid provision, and to this end the provisions of this agreement are declared to be
severable.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall
be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and
regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by
reference including the "Administrative Requirements for RECIPIENTs of ECOLOGY Grants and Loans ";
and (e) the General Terms and Conditions.
W. FUNDING AVAILABILITY
The DEPARTMENT's ability to make payments is contingent on availability of funding. In the event
funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the
effective date and prior to completion or expiration date of this agreement, the DEPARTMENT, at its sole
discretion, may elect to terminate the agreement, in whole or part, or to renegotiate the agreement
subject to new funding limitations and conditions. The DEPARTMENT may also elect to suspend
performance of the agreement until the DEPARTMENT determines the funding insufficiency is resolved.
The DEPARTMENT may exercise any of these options with no notification restrictions.
SS -010 Rev. 04/04
MODIFIED 12/13
RES.D Page 246 of 280
,IIYO1:
'A U, B UR . N
VVAS 11 I I N61"CI ,
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Resolution No. 5084 July 14, 2014
Department: Attachments: Budget Impact:
Administration Resolution No. 5 054 with agreement $0
Administrative Recommendation:
City Council adopt Resolution No. 5084.
Background Summary:
The City of Auburn is currently part of the King County Consortium for HOME
funding. This Housing and Urban Development program is specifically designed to
address affordable housing in communities and support for developers that can meet
the local goals.
Auburn, with Kent, Federal Way and Bellevue, rotate a voting seat on the Joint
Recommendations Committee (JRC) of King County to represent its interests and
maintain a position on the Consortium's official voting body.
Passage of this agreement will simply renew our seat on the JRC and recommit our
partnership.
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Human Services, Mayor, Legal
Councilmember: Holman Staff: Hursh
Meeting Date: July 21, 2014 Item r: RES.E
RES.E AUBURN * MORE THAN YOU IMAGINED Page 247 of 280
RESOLUTION NO. 5 0 8 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
THE CITY CLERK OF THE CITY OF AUBURN TO ENTER INTO
AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE
CITY AND KING COUNTY, FOR THE PURPOSES OF
ADMINISTERING THE FEDERAL HOME INVESTMENT
PARTNERSHIPS PROGRAM (HOME)
WHEREAS, the City of Auburn, Washington is a participant in the King
County HOME Consortium, which provides for Federal funds to be used for
low- income housing rehabilitation and construction; and
WHEREAS, King County currently administers this program on behalf of
the Consortium; and
WHEREAS, the U.S. Department of Housing and Urban Development
(HUD) requires each jurisdiction to sign an agreement as a condition for
participating in the partnership and receiving these federal funds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, IN A REGULAR MEETING DULY
ASSEMBLED, HEREWITH RESOLVES THAT:
Section 1. The Mayor and City Clerk of the City of Auburn,
Washington are herewith authorized to execute the "HOME Investment
Resolution No. 5084
July 10, 2014
Page I
RES.E Page 248 of 280
Partnerships Program Interlocal Cooperation Agreement ", in substantial
conformity with the Agreement attached hereto as Exhibit "A ".
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This Resolution shall be in full force in effect upon passage
and signatures hereon.
DATED and SIGNED this day of August, 2014.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
Danielle Daskam
City Clerk
• - - -• ■ •'
Daniel Attorney
Resolution No. 5084
July 10, 2014
Page 2
RES.E Page 249 of 280
Exhibit A
NOME, INVES'I'Mrg N'I' I'AIZ'I'N]OIISHII'S PROGRAM
INTERLOCAL COOPELRATJON AGZtii,'LMENT
THIS AGRr -,EMI NT is entered into between King County, hercin.afler referred to as the
"County," and [lie City of
hereinafter referred to as (lie "City," said parties to the Agrcciiient each being a unit of general
local government of the State of Washington.
RECITALS
WHEREAS, King County is an urban county, as defined by 24 CFR 92.2 and 24 CFR 570.3; and
WHEREAS, a obit of general local government tl.at is located within in an urban county may be
part of a HOME consortium only through the urban county; and
WHEREAS, the City and King County agree that it is mutually desirable and beneficial to enter
into a consortium arrangement for purposes of the HOME Investment Partnerships Program,
hereinafter referred to as "HOME Program ";
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES,
AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS
AGREED THAT;
1. This Agreement is made pursuant to the Natio3ial Affordable Housing Act of 1990, as
amended, 42 USC § 12701 et. seq. (the "Act ") and RCW 39.31, the Intergovernmental
Cooperation Act.
2. The City and the County agree to cooperate to undertake or assist in undertaking HOME
Program housing assistance activities which are eligible under 24 CFR Part 92.
3. The County is hereby authorized to act as the representative member on behalf of the
Consortium for the purposes of the HOME Program. The County as the applicant, grantee
and lead entity for the HOME Program funds has responsibility for and assumes all
obligations in the executing the HOME Program, including the ability to adopt amendments
to this Agreement for the purpose of adding new members on behalf of the HOME
Consortium and for the purpose of incorporating changes necessary to meet U.S. Department
of Housing grid Urban Development (HUD) requirements for consortium agreements under
the applicable HUD notice of procedures for designation of consortia as a participating
jurisdiction for HOME; final responsibility for selecting and executing activities; ensuring
compliance with federal requirements and submitting to HUD the Consolidated Housing and
Community Development Plan (Consolidated Plan), Annual Action Plans, and related plans
and reports, including the Analysis of Impediments to Fair Housing Choice and the Fair
Housing Action Plan. Nothing contained in this Agreement shall be construed as an
abdication of those responsibilities and obligations.
ReglAphilertocal Agreement I of5 2015 -20 "Page 250 of 280
The City agrees to coos)cratc fully with the CdOnly in the development and preparalion of the
Consolidated Plan and related plans, and to prepare and provide those elements specifically
pertaining to the City.
4. ']'his Agreement shall remain in roll force and effect for (lie period necessary to plait find curry
out all activities that will be fundcd from HOM1. funds awarded for the 2015, 2016 And 2017
federal fiscal years, (lie three -year gtialiiicatioii period that coincides with the A6recriwilt for
the Distrilrt1601t and Adiiiin.islration of 1.1).c King County Con soil ium's Community
Development Block Grant, or until the County's designation as a participating HOME
jurisdiction or an urban county is rescinded by the United States Deparlriicnt of I-lo0sing and
Urban Development, whichever is shorter.
5. This Agrcentcnt will be automatically renewed for participation in successive qualification
periods of three federal fiscal years each. No later than the date specified by HUD's consorlla
designation notice or HOME Consortia web page, King County shall notify each 1 -10MC
consortium member in writing of its right to decide not to participate in the Consortium for
the next qualification period, and King County will send copies of those written notices to the
1-IUD local field office by the date specified in the qualification notice. Unless the County or
the City provides written notice it wishes to amend the Agreement, or elects not to participate
in the new qualification period in writing to both King County and the HUD local field office
by the date set forth in the HUD qualification notice applicable to subsequent three -year
qualification periods, this Agreement shall automatically renew. Before the beginning of each
new qualification period, King County shall submit to HUD a statement of whether or not
ally amendments have been made to this Agreement, a copy of each amendment, and if the
Consortium's membership has changed, the state certification required under 24 CFR,
Section 92. 1 01(a)(2)(i). This automatic renewal provision will be void if King County fails to
submit a copy of each amendment to this Agreement as required under this automatic renewal
provision.
6. The City and the County agree to adopt any amendments to this Agreement other than the
incorporation of changes necessary to meet the requirernents for cooperation agreements set
forth in the applicable HUD HOME consortia qualification notice for a subsequent three -year
qualification period, which King County as the lead entity shall act upon pursuant to Section
3 of this Agreement. King County shall submit any other amendments adopted by the City
and County to the HUD local field office by the applicable deadline.
7. During the term of this Agreement, neither the County nor the City may withdraw from
participation from their respective obligations under this Agreement.
8. By executing the HOME Agreement, the City understands that it may not participate in a
HOME consofflutn except through the County, regardless of whether the County receives a
HOME formula allocation.
9. This Agreement shall be executed in three counterparts, each of which shall be deemed an.
original, by the chief executive officers of the County and the City, pursuant to the authority
granted them by their respective governing bodies. One of the signed Agreements shall be
filed by the County with the Region X office of HUD, one shall be filed with the City and
one shall be filed with the County. Prior to its taking effect, the fully executed Agreement
RkIQ 4Enccrlocal Aareenionl 2 of 5 20, s - 2017 Page 251 of 280
shall be filed with the County Auditor, or, alters :atively, listed by subject on it public agency's
web site or other electronically retrievable public source.
10. The parties to this Agreement hereby agree. to affirmatively further fair housing and to ensure
that no I-IOMF funds are expended for activities that do not affirmatively lurlher fair housing
within the boundaries of their jurisdiction or for activities that impede the County's actions to
comply with its fair housing certification. For piii-poses of (his section, "affirmatively
furthering fair housing" includes participation in the process of developing an Analysis of
Impediments to Fair blousing Choice and it lair Housing Action Plan. While King County
has (lie primary responsibility for the developiiiei t'of these reports to I] UD pursuant to
Section 3 of this Agreement, upon request, Ilse City shall provide assistance to the County in
preparing such reports,
11. Joint Recommendations Committee Composition. An inter ,jurisdictional Joint
Recommendations Conmti.i4pe ( "JRC ") shall be established through the 2015 — 2017
Consortium Interlocal Cooperation Agreement.
The JRC shall be composed of tlirec county representatives and eight cities representatives
The three county representatives shall be King County Executive staff with broad policy
responsibilities and/or department directors. County representatives shall be specified in
writing and, where possible, shall be consistently the same persons from meeting to meeting.
Four of (he cities representatives shall be f-orn non - entitlement consortium cities signing the
King County Consortium Regular Interlocal Cooperation Agreement Regarding the
Community Development Block Grant (CDBG} Program, two from each sub- region, as
appointed by Sound Cities Association.
The remaining four cities representatives shall be fiem cities that qualify to receive CDBG
funds directly from HUD, but are signing a Joint Agreement Regarding the CDBG Program
and a HOME Program Agreement with King County; or receive their own CDBG grant
directly from HUD and signing a HOME Program -only Agreement with King County. These
latter four representatives shall have no vote on matters specific to the jurisdictions of the
King County Consortium Regular Interlocal Cooperation Agreement Regarding the CDBG
Program.
Two of the eight cities representatives shall be rotated among the HOME Program -only
Agreeni ent Cities, and two of the eight cities representatives shall be rotated among the cities
signing a Joint Agreement Regarding the CDBG Program and a HOME Program Agreement.
Those four representatives will vote on issues affecting HOME Program Agreement Cities
that are specific to this Agreement.
For the HOME Program -only Agreement Cities' rotating positions, the HOME Program
Agreement Cities will notify the County by the end of the second week in February of each
year, who the two HOME Program -only Agreement City representatives will be for that year.
The chairperson and vice - chairperson of the JRC shall be chosen from among the members
of the JRC by a majority vote of (lie members for a term of one year beginning with the first
meeting of the calendar year. Attendance of five members shall constitute a quorum.
RnVntcrlocal AgrecincM 3 ors 2015-2017 Page 252 of 280
12. JRC Appointments. The King Counly F'Xecutivc shall appoint the Ihrcc county
representatives. Tlie ptrticip,-tting c ilics of the King Counly Consortium Interlocal
Cooperation Agreement for the Community Development Block Gran( Program shall provide
liu the appointment or their shared representatives in a mafificr to be determined by those
cities through the Suburban Cities Association or olhcr agreed -upon mechanism For the
exceution of shared appointing aulhority. The Suburban Cities Association or other agreed
mechanism will select Four jurisdictions of-varying size from arrnong those signing this
agreement, two from the north /east sub - region and two from the south sub - region. The cities
representatives shall be elected officials, chief administrative officers, or persons who report
directly to the chief adihinislrative officer and who have broad policy responsibilities; e.g.,
plan -ring directors, department directors, etc. Members of the JRC shall serve for two years,
or at the pleasure of their respective appointing authorities.
13. Powers and Duties of the JRC. The JRC shall be empowered to:
a. Review and recommend to the King County Executive all policy matters concerning the
King County CDBG Consortium and HOME Program Consortium, including but not
lihiiied to the Consolidated Plan and related plans and policies,
b. Review and recommend to the King County Executive the projects and programs to be
undertaken with King County CDBG Consortium funds and HOME Program Consortium
funds, including the Administrative Set - aside.
c. Monitor and ensure that all geographic areas and participating jurisdictions benefit fairly
from King County CDBG Consortium and HOME Program Consortium funded activities
over the three -year agreement period, so far as is feasible and within the goals and
objectives of the Consolidated Plan,
14. Advisory Committees to the JRC. In fulfilling its duty to review and recommend projects and
programs to be undertaken with HOME Program funds, the JRC shall consider the advice of
inter- jurisdictional advisory committees. Sdb- regional advisory committees, made up of one
representative from each participating jurisdiction in a sub- region that wishes to participate,
shall be convened to assist in the review and recommendation of projects and programs to be
undertaken in that sub - region. The JRC may also solicit recommendations from other inter -
jurisdictional housing and community development committees.
15. The City shall assist the County in developing the Consortium's HOME Program by
participating in development of the Consolidated Plan to accommodate both the collective
and individual housing objectives contained within local comprehensive plans or other
adopted plans of the City and the County.
16, The City and County shall each assign a staff person to serve as the primary contact for the
administration of this Agreement. The assigned contact person is responsible for
communicating relevant information to their respective jurisdiction.
17. This Agreement applies to the Consortium's acceptance of other federal housing - related funds
which may be allocated by formula to the Consortium. Allocation decisions for these funds
Will be subject to policies and procedures developed by the advisory committees to the JRC
and adopted by the JRC.
HOME Interloud Agreement 4 of 5 2015 — 2017
RES.E Page 253 of X80
1 S. This Agreement is made and entered into I'or the sole protection and benefit of the parties
hereto and their successors and assigns. No other person shall have any right of action based
on any provision of this Agreeniont.
KING COUNTY, WASHINGTON CITY OF
for King County Executive
Adrienne Quinn
Printed Name
Director, Department of Community and
Human Services
Title
By: Signature
Printed Name
Title
Date Date
Approved as to Form: Approved as to F nn:
OFFICE OF THE KING COUNTY CITY OF
PROSECUTING ATTORNEY CITY Y
City Attorpey
ATTEST:
CITY OF
City Clerk
REH@I+ Interlocal Agreement 5 of 2015-201 ?Page 254 of
,IIYO1:
'A U, B UR . N
VVAS 11 I I N61"CI ,
Agenda Subject:
Resolution No. 5086
Department:
Administration
Attachments:
x # # L# M
, T.-M WI
,z
z
Administrative Recommendation:
City Council adopt Resolution No. 5086.
Background Summary:
AGENDA BILL APPROVAL FORM
Date:
July 14, 2014
Budget Impact:
$3,200
Mr. Armijo owns an adjacent property to the city's SE 309th Street storm water pond. His
property contains a single family residence that Mr. Armijo leases, as he is a resident of
California. The backyard of the house is fenced and the fence extends east -west in a
straight line. However, Mr. Armijo's rear property line is not straight. It jogs 9 feet north
at one point. Since the fence does not follow the property line, it eventually encroaches
upon the city's storm pond property. The fence cuts away approximately 550 square feet
of the city's property.
This encroachment has existed for at least a decade, apparently unknown to the city or
Mr. Armijo until the city recently surveyed the property lines of the storm pond
property. Since the encroachment is small and is some distance from the actual storm
ponds, it hasn't affected the use of the ponds to date.
The Public Works department is proposing granting Mr. Armijo an easement to resolve
the encroachment. Granting Mr. Armijo an easement allows him to retain his fence and
landscaping in the 550 square feet portion of his backyard. It gives the city the option to
obtain exclusive use of the property again if it ever needs it. Mr. Armijo has agreed to
pay $3,200.00 for the easement. The price is based upon the per foot value of his
property.
Reviewed by Council Committees:
Finance, Public Works
RES.F AUBURN * MORE THAN YOU IMAGINED Page 255 of 280
Councilmember: Osborne
Meeting Date: July 21, 2014
Staff: Heid
Item r: RES.F
RES.F AUBURN * MORE THAN YOU IMAGINED Page 256 of 280
RESOLUTION NO. 5 0 8 6
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT WITH
JACOB ARMIJO TO CONVEY AN EASEMENT
OVER A PORTION OF CITY STORM WATER
RENTENTION PROPERTY
WHEREAS, the city owns property on SE 3091h Street upon which it
operates a storm water pond; and
WHEREAS, Mr. Armijo owns a residence on an adjacent lot to the city's
property, at 11209 SE 309th Street; and
WHEREAS, a recent survey revealed that 550 square feet of the fenced
backyard of Mr. Armijo's residence is part of the city's property; and
WHEREAS, both the city and Mr. Armijo desire that Mr. Armijo retain use
of the 550 square feet of property through an easement granted to Mr. Armijo by
the city; and
WHEREAS, the easement price offered by the city is the fair market value
for use of the land based upon the county assessor's valuation of Mr. Armijo's
property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to negotiate and
execute both an agreement and an easement between the City of Auburn and
Jacob Armijo in substantial conformity with the agreement and easement
attached hereto, marked as exhibit "A" and "B ", respectively, and incorporated
herein by this reference.
Resolution No. 5086
July 14, 2014
RES.F ,ge 1 of 2
Page 257 of 280
Section 2. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of
CITY OF AUBURN
, 2014.
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APRROVED -AS TO FORM:
For, alM-
Resolution No. 5086
July 14, 2014
RESP 2 of 2
Page 258 of 280
EXHIBIT "A"
EASEMENT PURCHASE AND SALE AGREEMENT
CITY OF AUBURN AND JACOB ARMIJO
THIS AGREEMENT is made and entered into by and between the sellers, CITY
OF AUBURN (the "City "), and JACOB ARMIJO ( "the Buyer ").
W I T N E S S E T H :
WHEREAS, the City owns a certain piece of real property that serves as a storm
water pond at SE 309th Street, Auburn, parcel number 1446110140, and the Buyer
owns a neighboring property, parcel number 1446110120, and
WHEREAS, the Buyer has encroached upon approximately 550 square feet of
the City's storm water pond property by installing, maintaining, and enjoying a fence and
landscaping on the land, and
WHEREAS, the City does not actively need use of the 550 square feet of its
property for its municipal functions; and
WHEREAS, both Buyer and the City are desirous of avoiding the necessity of
litigation; and
WHEREAS, the City valued the easement according to the King County
Assessor's valuation of the Buyer's property and the Buyer has agreed to purchase the
easement for the valued amount.
NOW, THEREFORE, in consideration of the following terms, conditions and
covenants and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, IT IS AGREED by the parties as follows:
1. GRANT OF EASEMENT. The City shall sell, convey, and grant to the Buyer,
and the Buyer shall purchase, acquire, and take from the City, an easement that is
legally described in Exhibit A, ( "Easement "), which exhibit is incorporated by this
reference.
2. PURCHASE PRICE. The Buyer promises to pay three thousand, two
hundred dollars ($3,200.00) and the recording fees by check in exchange for the city
executing an Easement giving Buyer the rights described in Exhibit A. The Buyer
agrees that the amount is payable by the Buyer prior to recording of the Easement and
within 10 days of the City's execution of the Easement.
Easement Sale Agreement 1
RE�Vy 13, 2014
Page 259 of 280
3. CLOSING. The closing date shall be mutually agreed upon by the parties. At
the date of closing, the City shall produce to Buyer a copy of a executed and
acknowledged Easement conveying to the Buyer the rights described in Exhibit A. The
Easement will not be in a recordable form, but shall be identical to the one attached as
Exhibit A.
Within 10 days of the City executing the Easement, the Buyer shall pay the
purchase price, plus the recording fees, to the City.
Within 5 days of receipt of the purchase price and fees, the City shall record the
executed Easement with the King County Recorder's Office. The City shall provide the
Buyer with a copy of the officially recorded easement.
Both parties shall be responsible and entitled to have all closing documents
reviewed by their own counsel or agent prior to closing.
4. EXPENSES.
City's Expenses: The City shall pay all expenses incurred by the City which
relate to the Easement, including attorney fees;
Buyer's Expenses: The Buyer shall pay all recording fees and buyer's attorney
fees;
5. HAZARDOUS WASTE. The City warrants it has not received notice of, and to
the best of the City's knowledge the property is not in violation of any federal, state or
local law, ordinance, or regulation relating to the environmental conditions on, under, or
about the property, including but not limited to, soil and surface and ground water
conditions, and that during the time in which the City has owned the property, neither
the City nor, to the best of the City's knowledge, any third party has used, generated,
stored, or disposed of, on, under, or about the property or transported to or from the
property any hazardous waste, toxic substances, or related materials (the "Hazardous
Materials "). For the purposes of this paragraph, Hazardous Materials shall include, but
is not limited to, substances defined as "Hazardous Substances," "Hazardous
Materials," "Hazardous Waste," "Toxic Substances," in the Comprehensive
Environmental Response Compensation and Liability Act of 1980, as amended, and
RCW Title 7 and the regulations promulgated pursuant to such laws.
If prior to the closing date the Buyer discover that the property contains any
Hazardous Waste, of which it has not been previously advised, the Buyer may terminate
this Agreement.
6. NOTICES. Any notices required or permitted to be given shall be in writing and
delivered either in person or by certified mail, return receipt requested, postage pre-
paid, addressed as follows or such other address as may be designated by either party:
Easement Sale Agreement 2
RE�Yy 13, 2014
Page 260 of 280
City:
City of Auburn
City Clerk
25 W. Main St.
Auburn WA 98001
Buyer
Jacob Armijo:
881 Custer Ave.
San Marcos, CA 92078
858 - 500 -2828
Any notice given pursuant to this Agreement shall be deemed effective the day it
is personally delivered or three (3) business days after the date it is deposited in the
United States mail.
7. ENTIRE AGREEMENT. This written Agreement constitutes the entire and
complete Agreement between the parties hereto and supersedes any prior oral or
written agreements between the Parties with respect to the Property. It is expressly
agreed that there are no verbal understandings or agreements, which in any way
change the terms, covenants, and conditions herein set forth. This Agreement
constitutes the legal, valid and binding obligation of the parties enforceable against each
party in accordance with the terms hereof.
8. CITY COUNCIL APPROVALS. The Buyer acknowledges that this Agreement
does not bind the City until (1) the Mayor of the City of Auburn executes the Agreement
and (2) the Auburn City Council approves the Agreement.
9. GOVERNING LAW. This agreement shall be governed and construed
according to the laws of the State of Washington without giving effect to its conflicts of
law provisions. If any dispute arises between the parties under any of the provisions of
this agreement, resolution of that dispute shall be exclusively through the jurisdiction,
venue, and rules of the King County Superior Court.
10. DEFAULT AND ATTORNEY'S FEES. In the event that any party fails,
without legal excuse, to perform any obligation under this Agreement, then the other
party may, at their option, bring suit against the defaulting party for the other parties'
actual damages and for specific performance, or pursue any other rights or remedies
available at law or in equity.
If one or more parties institute suit concerning this Agreement, the prevailing
party shall be entitled to court costs and reasonable attorney's fees. In the event of trial,
the court shall fix the amount of the attorney's fees.
Easement Sale Agreement 3
RE�Yy 13, 2014
Page 261 of 280
11. LEGAL RIGHTS AND CONSTRUCTION. The terms of this Agreement are
deemed to have been explicitly negotiated between the Parties, and the language in all
parts of this Agreement will, in all cases, be construed according to its fair meaning and
not strictly for or against either Party. Both Parties acknowledge and represent, as an
express term of this Agreement, that they have had the opportunity to obtain and utilize
legal counsel to review of the terms and conditions outlined in this Agreement, although
each Party must determine if they wish to obtain and pay for such legal review. NO
REPRESENTATIONS OR WARRANTIES ARE MADE BY ONE PARTY TO THE
OTHER PARTY AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT OR TAX
CONSEQUENCES OF THIS AGREEMENT, THE TRANSACTION DESCRIBED
HEREIN, OR ANY ATTACHMENTS TO THIS AGREEMENT.
12. ASSIGNMENT. No party shall assign any right or obligation hereunder in
whole or in part, without the prior written consent of the other party.
13. AMENDMENT, MODIFICATION OR WAIVER. No amendment, modification
or waiver of any condition, provision or term of this Agreement shall be valid or of any
effect unless made in writing, signed by the parties to be bound, or such parties' duly
authorized representative(s) and specifying with particularity the nature and extent of
such amendment, modification or waiver. Any waiver by any party of any default of
another party shall not effect or impair any right arising from any subsequent default.
14. COUNTERPARTS. This Agreement may be executed in multiple
counterparts, each of which shall be one and the same Agreement and shall become
effective when one or more counterparts have been signed by each party and delivered
to the other party.
15. COOPERATION. Prior to and after Closing each Party shall cooperate, shall
take such further action and shall execute and deliver further documents as may be
reasonably requested by the other Party in order to carry out the provisions and
purposes of this Agreement.
16. NON - MERGER. The terms and provisions of this Agreement will not merge
in, but will survive, the closing of the transaction contemplated under this Agreement.
SIGNATURES:
BUYER
JACOB ARMIJO
Date
Easement Sale Agreement 4
RE�Vy 13, 2014
Page 262 of 280
CITY OF AUBURN
Nancy Backus, Mayor
Date
Attest:
Danielle E. Daskam, City Clerk
Approved as to Form
Daniel B. Heid, City Attorney
Easement Sale Agreement 5
RE�Yy 13, 2014
Page 263 of 280
Exhibit "B"
After recording return to:
EASEMENT
Reference No. of related documents:
Grantors: CITY OF AUBURN
Grantee: JAKE ARMIJO
Short Legal: A portion of Tract A of King County Boundary Line Agreement LOOL0003, SE 1/4 8-
21N -5E
Property Tax
Parcel No.: 1446110140
For and in consideration of Ten Dollar ($10.00) and other valuable consideration
in hand paid, CITY OF AUBURN, a municipal corporation of the State of Washington,
(`Grantor" herein), hereby conveys and Warrants to Jacob Armijo, an individual
(`Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual access
easement over, across and through the real property described in Exhibit A and shown in
Exhibit B (`Easement Area" herein).
Scope of Easement. Said Grantee shall have the right to access the Easement
Area for all legal uses that do not interfere With the Grantor's full use and enjoyment and
functioning of its storm Water pond or impede Grantor's other governmental functions,
provided, however, Grantee shall not construct or maintain any buildings or other
structures, release any hazardous Waste, nor plant any tree Within the Easement Area.
Grantee may specifically maintain, reconstruct, repair, replace, and remove the existing
fence and landscaping in the Easement Area.
Entry Upon and Disturbance of Easement Area. Said Grantor shall have the
absolute right, at times as may be necessary, for immediate entry upon said Easement
Area for the purpose of maintenance, inspection, construction, repair or reconstruction of
its utilities located under the Easement Area, and may remove, disturb, and relocate the
soil and any personal property, including fencing, Within the Easement Area to permit
Page 1 of 3
Tuly 7, 2014
309th St. Storm Water Pond Access Easement
Resolution No. 5086
RES.F Page 264 of 280
Exhibit "B"
access to its utilities, provided Grantor takes reasonable care to not unnecessarily damage
the property. Grantor's sole obligation in the event of any damage, relocation, or
disruption of the Easement Area by Grantor, its employees, contractors, or agents shall be
to re- establish existing grades and provide for adequate site stabilization. Upon such
disturbance by Grantor, Grantee shall bear all other responsibility to return the Easement
Area to a condition comparable to the condition that existed prior to Grantor's use of the
Easement Area.
Should the Grantor exercise its right to conduct Work on its utilities Within the
Easement Area, Grantor shall provide Written notice and a Written schedule to Grantee.
Grantor shall conduct any repairs, maintenance, reconstruction or replacement Within a
reasonable time.
Termination. Grantor may terminate this Easement by Written notice to the
Grantee at any time. In such event, at City's request, the Grantee shall record a
termination of easement With the King County Recorder. Upon termination, Grantee
shall promptly remove from the Easement Area its improvements. Grantor, at its sole
expense, shall remove and reinstall any fencing Within Easement Area to a location of the
Grantee's choosing outside the Area.
Indemnity. Said Grantee shall indemnify, defend, and hold harmless Grantor, its
employees, officers, and agents from any and all liability, damages, expenses, causes of
action, suits, claims, costs, fees (including attorney's fees), penalties, or judgments, of any
nature Whatsoever, arising out of the use, occupation, or control of the Easement Area by
Grantee, his tenants, contractors, invitees, agents, employees, guests or permittees,
including but not limited to the use, storage, generation, processing, transportation,
handling, disposal, or release of any hazardous substance or materials, as defined in the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended ("CERCLA "). This indemnification shall survive the termination of the
Easement.
Attorney Fees. Should it be necessary for either party to enforce their rights
under this agreement, then in the event of litigation the prevailing party shall be entitled
to recover and collect all costs and reasonable attornev's fees as determined by the court
resolving the litigation. As used in this paragraph, "costs" shall include all out of pocket
expenses and charges incurred that related to pursuing enforcement or the breach of the
terms and conditions of this easement.
Successors and Assigns. This easement and the covenants herein shall be
covenants running With the land and shall inure to the benefit of and be binding on the
successors, heirs, and assigns of both parties hereto, provided that Grantee's rights
Page 2 of 3
Tulv 7, 2014
309th St. Storm Water Pond Access Easement
Resolution No. 5086
RES.F Page 265 of 280
Exhibit "B"
hereunder shall not be assigned to any other entity Without the prior Written consent of
Grantor Which consent shall not be unreasonablv Withheld.
IN WITNESS WHEREOF, said Municipality has caused this instrument to be
executed by its proper officer(s) this day of 2014
GRANTOR:
City of Auburn, a Washington municipal corporation
BY:
Nancv Backus, Mayor
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
On this dav_ of 2014, before me, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared Nancy Backus, to me known to be the Mayor of the municipal
corporation that executed the Within and foregoing instrument, and acknowledged the
same to be the free and voluntary act and deed of said municipal corporation, for the uses
and purposes therein mentioned and on oath stated that they are authorized to execute
said instrument.
WITNESS my hand and official seal hereto affixed the dav and vear first above Written.
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires
Page 3 of 3
Tulv 7, 2014
309th St. Storm Water Pond Access Easement
Resolution No. 5086
RES.F Page 266 of 280
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�iir�� E��pAU4�N(� I EXHIBIT MAP PRa:,,orn<3z
AUBUIV V CITY OF AUBURN FCN�E FOR PROPERTY LINES ENCROACHMENTS AT STORM POND SITE >>rosrzoia
wnsHwcroH PUBLIC VJORKS DEPARTMENT EASEM�T CEDAR HOLLOW#2 PLAT-TRACT"A' SCALE:t'=20'
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TAX PARCEL 1446110130
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LotC Angle points existingrefalaing wall
TAX PARCEL 1446110120
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REC. N0, 20000321900006
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)TAX PARCEL 1446110140
(CITY OF AUBURN
pp North end existing wood fence
_fir 15' San Sewer Estnt Rec No.
120000301000894
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east side ofwood fence, Southeast
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on Lot "C ", per 20000321900006 Ca(c position of southwestproperty corner 20' San Sewer Esmt
Tract "A"- Southeast comer Lot "C', Rec No.20000301000894
Survey Notes: i-
1) Field work for Topographic survey performed in November, 2013
2)Refeieneefieldboo1(2013 -07 ,Pages 49 -55 �y' },i;;l(,,;, .�•" GoP`'.�
3) Parcel Rna on this exhibit map are Add King Cc un ty B oundaty Litre adjustmentL00L0003; recorded under retarding number 20000321900006
4) Drawing is prepared to illustrate existing wood fence near Lot "C" that is built on Tract "A ", and existing Public sewer and storm drainage lines in this vicinity. 42! t2 ! Z °t3
errror• *�% * . CITY OF AUBURN EXHIBIT MAP "B" PROJ: ADM 432
DETAIL OF PROPERTY LINES ENCROACHMENTS AT STORM POND SITE 12/09/2013
WASHINGTON PUBLIC WORKS DEPARTMENT CEDAR HOLLOW 92 PLAT-TRACT "A" SCALE: 1'` =10'
DRAWN BY: BLM
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Faye 268 or 280
,IIYO1:
'A U, B UR . N
VVAS 11 I I N61"CI ,
Agenda Subject:
Resolution No. 5087
Department:
Administration
Attachments:
x # # L#
W"W . M,
Administrative Recommendation:
City Council adopt Resolution No. 5087.
Background Summary:
AGENDA BILL APPROVAL FORM
Date:
July 17, 2014
Budget Impact:
$0
On May 16, 2011, the Auburn City Council adopted Resolution No. 4711 authorizing the
Mayor to negotiate and execute an agreement with the Bank of Washington for ten feet
of right -of -way required for the Promenade Project and also for a lease of the parking lot
adjacent to the Bank's property for the purpose of providing additional parking in the
downtown area accessible to City Hall and businesses in the vicinity.
The lease is due to expire, and the City and the Bank of Washington have agreed upon
the terms for the extension of the current lease.
Reviewed by Council Committees:
Finance, Public Works Other: Admin, Legal
Councilmember: Wales Staff: Hursh
Meeting Date: July 21, 2014 Item r: RES.G
RES.G AUBURN * MORE THAN YOU IMAGINED Page 269 of 280
RESOLUTION NO. 5 0 8 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING THE LEASE
EXTENSION AND ADDENDUM TO LEASE BETWEEN THE
CITY OF AUBURN AND THE BANK OF WASHINGTON
WHEREAS, the City of Auburn has rented property owned by the Bank of
Washington for downtown parking lot purposes, which lease is expiring; and
WHEREAS, it is to the advantage of the City to have avaElable in the downtown
area, parking facilities accessible to City Hall and businesses in the vicinity; and
WHEREAS, the City of Auburn and the Bank of Washington have agreed on an
extension of the current lease at terms that are acceptable to the parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Extension of Lease. The City Council hereby approves the Lease
Extension Agreement and Addendum to Lease Agreement in substantial conformity with
the copy of which is attached hereto, marked as exhibit "A" and incorporated herein by
this reference.
Section 2. Implementation. The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. Effective date. This Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of , 2014.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
--------------- -
Resolution No. 5087
R,L@13.0, 2014
Page 1
Page 270 of 280
e o-■
•
Resolution No. 5087
RIMYG5, 2014 Page 271 of 280
Rage 2
EXHIBIT "A"
Lease Extension Agreement and
Addendum to Lease Agreement
This Lease Extension Agreement and Addendum to Lease Agreement (The Agreement) was
created on July 11, 2014 between The Bank of Washington (hereafter the Landlord), and The
City of Auburn (hereafter the Tenant) for the property located at 21 South Division & 36 West
Main, Auburn WA.
The Agreement certifies that the parties agree to extend the lease agreement for an additional
time period of two years starting on August 1, 2.014 and ending on July 31, 2016.
This lease will be extended at a rate of $2500 per month
The agreement binds the Landlord and the Tenant to the terms and condition of the original
lease dated July 8, 2011. The agreement, along with the attached original lease is the entire
agreement between both parties.
Tenant and landlord agree to the following amendments /additions to the lease dated July 8,
2011:
1) Tenant is responsible for paying real estate taxes for both parcels (Assessor's parcels
#781570 -0135 & #781570 - 0115), located at 21 S. Division St. and 36 West Main Street,
respectively.
2) Tenant is granted access from landlord for use of the trash enclosures located on the
premises.. Tenant assumes responsibility for maintenance during use and any damages caused
to the trash enclosures which during the lease and /or use of the property.
Signed:
Jeanne Hansen, SVP, The Bank of Washington
Landlord Tenant
Date:
Date:
RES.G Page 272 of 280
PARKING LOTS LEASE
The Bank of Washington ("Landlord'D leases to the City of Auburn, Washington, a
municipal corporation (Tenant' I and Tenant leases from Landlord the following properties for
purposes of public parking on the following terms:
1. Premises. The Premises are comprised of two separate parking lots, one located
at 21 So. Division Street, Auburn, WA (a portion of Assessor's Parcel No. 781570 -0135)
("Parking Lot A'D, and the other located at 36 West Main Street, Auburn, WA (Assessor's Parcel
No. 781570 -0115) ("Parking Lot B "). Collectively, Parking Lots A and B are referred to herein
,as "the Parking Lots" and "the Premises" The legal description of the Parking Lots is attached
as Exhibit A.
2. Term. The term of this Lease is thirty six (36) months, commencing
-
2011 (the "Commencement Date', and terminating on the last day
of the •- - ixth (36th) month thereafter (the "Termination Date'); provided, however, that
Landlord may elect to terminate the Lease entirely or as to one of the Parking Lots upon written
notice of at least thirty (30) days to Tenant. Upon Termination, all obligations owing by either
party to the othe{ terminate, except for those obligations that expressly survive termination.,
3. Option to Renew. Nome.
4. Rent. Tenant shall pay Landlord, at Landlord's address for notice, rent in the
amount of Two Thousand Five Hundred Dollars ($2,500.00) per month for the Parking Lots,
commencing on the Commencement Date and continuing on the first day of each month during
the Term of this Lease. If the Commencement date is other than the first day of.the month, rent
for that month shall be prorated based on percentage of days left in the month. The Rent may be
paid in one payment to Landlord, but shall be apportioned for all purposes under this Lease as
follows: seventy -five percent (75 %) of the Rent, or $1,850 per month, shall be for rent on Lot A,
and the remaining twenty five percent (25 %), or $650 per month, shall be for rent on Lot B.
5. Triple Net Charges. Nome charged to Tenant.
6. Late Payment and Interest. If any amount due hereunder from Tenant is not
received by Landlord by the date such amount is due, a late charge of five percent (5 %) of the
amount due shall be charged Tenant. All amounts owing to Landlord under this Lease including
rent, shall be assessed interest from ten (10) days after the due date at nine percent (9 %) per
annum until paid.
7 Maintenance. Tenant shall be solely responsible for maintaining the Premises in
good repair. This obligation further provides for Tenant, at its sole expense, to maintain the
Premises in good condition, returning same to Landlord at the end of this lease in at least as good
condition as presently exists, normal wear and tear excepted.
8. Towing of Vehicles. Tenant shall have the right to tow vehicles at its own
PnRKtNG Lors LE,nsE PAGE 1 of 8
LANDLoxn N mAis
___P- age_273 of 280
expense and risk from the Parking Lots.
9. Delay in Delivery of Possession. Not applicable.
10. Use of Premises. The Parking Lots shall be used for public parking, vehicular
access for public parking, and related uses. Tenant shall not use the promises for parking of
buses or trucks with a gross weight exceeding ten thousand (10,000) pounds without Landlord's
prior written consent. Tenant shall promptly comply with all laws, ordinances, orders, and
regulations affecting the Parking Lots and their cleanliness, safety, occupation and use. Tenant
will not perform any act or carry on any practice that may injure the Parking Lots or be a
nuisance or menace to adjoining tenants. Tenant shall not permit any outside storage on or about
the Parking Lots. Upon termination of the Lease, Tenant shall surrender the Parking Lots to
Landlord m good condition, normal wear and tear excepted.
11. Entry by Landlord. Landlord shall have the right at reasonable times, and with
reasonable notice to Tenant in non - emergency situations, to enter the Premises to inspect the
same or to show the Premises to prospective buyers, tenants or lenders.
12. Utilities. Tenant shall arrange and pay for any utilities it chooses for the premises,
including water, power, sewer, garbage and telephone service, which shall be separately metered
in Tenant's name if delivered.
13. Acceptance of Premises. Tenant has examined the Parking Lots and accepts
them as being in the condition called for by this Lease.
14. Alterations, Mechanics' Liens. Alterations may not be made to the Parking Lots
without, the prior written consent of Landlord Tenant shall not permit any mechanic's or
matenalmen's liens of any kind to be enforced against the premises for any work done or
materials furnished thereon at the request of or on behalf of the Tenant. All costs of
improvements to make the Pading Lots useable as a parking lot, if any, shall be borne by the
Tenant and shall be constructed in accordance with local laws and codes.
15 Quiet Conduct and Possession. Neither Tenant nor Landlord shall commit or
suffer any waste upon the Parking Lots or any nuisance or other act or thing which may disturb
the quiet enjoyment of any business on the Site.
lb. Hazardous Substances. Tenant shall not cause or permit any Hazardous
substances as defined below to be brought upon kept or used in or about the premises by Tenant,
its agents, employees, contractors or invitees. Tenant shall comply with all federal, state and
local laws ordinances, codes, regulations, orders and decrees as they now e7dst, or are hereafter
amended, including all policies, interpretations, guidelines, directions or recommendations
relating to industrial hygiene, environmental protection or the use, analysis, generation,
manufacture, storage, presence, release, disposal or transportation of any petroleum products,
flammable, explosives, asbestos, urea formaldehyde, polychlorinated biphenyls, radioactive
materials or waste, or other hazardous, toxic, contaminating or lluting materials, substances or
PAPmNa LOTS LEASE PALM 2 of 8
UND[.oxn DenAM
ES.G ----- - - -- - - - - -P-age 274 of 280
wastes, including any materials defined as "hazardous substances ", "hazardous wastes",
"hazardous materials ", or "toxic substances" (collectively, `Hazardous Materials' under any
such Hazardous Materials Laws and amendments thereto.
Tenant shall defend (with counsel reasonably acceptable to Landlord) and indemnify
Landlord and Landlord's officers, directors, pwtuers, managers, members, employees, agents,
successors and assigns against any and all claims, liabilities, damages, costs, penalties,
forfeitures, losses, obligations, investigation costs, remediation and removal costs, nattual
resoume damages and expenses, including attorney's fees, arising in whole or in part, directly or
indirectly, from (a) the presence or release of Hazardous materials in, on, under, upon or from
the premises as a result of acts or omissions of Tenant or its employees, agents or invitees; (b)
the transportation or disposal of Hazardous Materials to or from the premises by at the request of
or in with the permission of Tenant or its employees, agents, or invitees; (c) the violation of any
Hazardous Materials Laws by Tenant, or its employees or agents; (d) the failure of Tenant, its
employees or agents to comply with the terms of this Section 16; or (e) the use, storage,
generation or disposal of Hazardous Materials in on or about the premises. The respective rights
and obligations of Landlord and Tenant under this Section 16 shall survive the expiration or
earlier termination of this Lease.
17 bwarance. Tenant, at its own expense, shall maintain with companies acceptable
to Landlord, insurance for the benefit of Landlord and Tenant jointly in the amount of at least
One Million Dollars ($1,000,000) per occurrence for liability from injuries to or death of a
person, and in the amount of at least Fifty Thousand Dollars ($50,000) per occurrence for
liability from damage to property Tenant shall furnish Landlord with a certificate of such policy
within 30 days of the Commencement Date and whenever required shall satisfy Landlord that
such policy is in full force and effect Such policy, shall: (a) name Landlord as an additiotml
insured, (b) be primary and non - contributing with any insurance carried by Landlord; and (c)
provide that it shall not be canceled or ahered without twenty (20) days' prior written notice to
Landlord.
18. indemniIIcation by Tenant Tenant shall defend (using legal counsel
reasonably acceptable to Landlord) and indemnify Landlord, its agents and employees from any
claims, expenses, including attorneys fees, or damages of any kind arising in connection with the
occupancy or use of the premises by Tenant, its agents, customers, employees, contractors,
subtenants or assignees; Tenant's breach of its obligations under this Lease; or any negligent or
wrongful act or omission of Tenant, its agents, customers, employees, contractors, subtenants or
assigns. The provisions of this Section 18 shall survive expiration or tenmintation of this Lease
and shall include all claims against Landlord by any employee or former employee of Tenant.
Landlord and Tenant have specifically negotiated this provision and Tenant specifically waives
any provisions of any industrial insurance act including, Title 51 of the Revised Code of
Washington, or any other employee benefit act which might otherwise operate to release or
immunize Tenant from its obligations under this Section 18.
19 No Auctions. [intentionally deleted].
PARmo LOTS LBAw PAGE 3 of 8
LAMLOr& Yr MAL5
G _
___ _ T_ ____ Page-275 of 280
24. Landscaping and Signs. Tenant shall make no other alterations or additions to
the Parking Lots landscaping. Other than towing company signs, Tenant shall place no exterior
signs on the Parking Lots without the prior written consent of Landlord. If Landlord allows
signs, Tenant will pay the costs of same.
21. Taxes. Tenant shall pay before delinquent any tax, assessment, fee, or public
charge payable for any time during the Lease term because of Tenant`s fixtures, furniture,
appliances and personal property installed or located at the Premises. Tenant will pay all taxes
imposed because of the rent payable hereunder, whether as a so -called sales tau, transaction
privilege tax, excise tax, or otherwise.
22. Abandonment [intentionally deleted].
23. Assignment. Landlord may assign its interest in this Lease as to Parking Lot A,
as to Parking Lot B, or as to both Parking Lots, to any person or entity without the consent of
Tenant. When notified of such assignment, Tenant agrees to attorn to Landlord's assignee. This
may require Tenant to pay Rent with two checks, one for each Lot, and Tenant shall do so.
24. Insolvency of Tenant. [intentionally deleted].
25. Default. The following shall be events of default:
a. Default in Rent Failure.of Tenant to pay any rent or other charges within ten
(10) days after written notice that such payment was not received when it is due.
b. Default in Other Covenants. Failure of Tenant to comply with any obligation
of the Lease after written notice from Landlord of such default and a reasonable cure period (e.g.
thirty (30) days with additional time for those events of default not reasonably subject to cure
within thirty (30) days). Failure of Landlord to comply with any obligation of the Lease after
written notice from Tenant of such default and a reasonable cure period (e.g. thirty (30) days
with additional time for those events of default not reasonably subject to cure within thirty (30)
days).
26. Remedies on Default. Upon default by Tenant, Landlord may terminate Tenant's
right to possession of the Parking Lots, upon which Tenant shall immediately surrender the
Parking Lots but remain liable to Landlord for the value of the Lease for the remainder of the
term of the Lease less any rent obtained by Landlord for the Parking Lots from another tenant
during that term, plus all costs incurred by Landlord to cause another tenant to lease the Parking
Lots. Upon default by Landlord, Tenant may immediately surrender the Premises and terminate
the Lease, in which case Landlord shall be liable to Tenant for-all costs incurred by Tenant to
relocate to comparable premises, including any additional rent Tenant will incur for the
remaining term of the J ease.
27 Attorneys' Fees and Collection Charges. if Tenant or Landlord shall bring any
action for any relief against the other, declaratory or oth sing out of this Lease,
PARKING Lors LEASE PAGE 4 of 8
LANDLORD INMALS
ES.G _. .Page 276 of 280
including, but not limited to, any suit by Landlord for the recovery of Rent or possession of the
Parking Lots, the losing party shall pay the successful party the court costs and reasonable
attorneys' and paralegal fees incurred therefor and such expenses shall be paid whether or not
such action is prosecuted to judgment.
Should Landlord, without fault on Landlord's part, be made a party to any litigation
instituted by Tenant or by any third party against Tenant, or for the foreclosure of any lien for
labor or material furnished to or for Tenant or otherwise arising out of or resulting from any act
or transaction of Tenant, Tenant agrees and covenants to save and hold Landlord harmless from
any judgment rendered against Landlord or the Parking Lots or any part thereof, and to defend
and indemnify Landlord as to any and all costs and expenses, including attorneys' and paralegal
fees and court costs, incurred by Landlord in or in connection with such litigation.
28. Condemnation. If more than twenty -five percent (25 %) of the square footage of
the Parking Lots is taken or condemned for a public or quasi public use, Tenant may terminate
this Lease with not less than thirty (30) days' written notice to Landlord. If twenty -five geroeat
(25%) o'r less of the square footage of the Parking Lots is taken or condemned for a public or
quasi -public,- or if Tenant chooses not to terminate the Lease otherwise, then the rent payable
hereunder shall be adjusted so that the Tenant shall be required to pay for the remainder of the
term only such portion of such rent as the number of square feet in the part remaining after the
condenihatioa bears to the number of square feet in the Parking Lots on the Commencement
Date. In the eve°t of a taking or condemnation, all compensation awarded for such
condenuaation or taking shall be paid to Landlord, provided, however, Tenant shall be entitled to
that portion of the award representing the value of Tenant's leasehold estate and compensation or
damages from the condemning authority for interruption of its business, its fixtures and personal
property, or for moving expenses.
29. Notices. All notices, statements, demands, requests, consents, approvals,
authorizations, offers, agreements, appointments, or designations under this Lease by either parry
to the other shall be in writing and shall be sufficiently given and served upon the other party, if
sent by certified mail, return receipt requested postage prepaid to the addresses below their
'respective signatures below
30. No Waiver The failure of either party to enforce any breach of this Lease by
Tenant shall not be a waiver of any subsequent breach.
31. Estoppel Certificates. [intentionally deleted].
32. Exclusivity [intentionally deleted].
33. Miscellaneous.
a.
b.
PARKING LOTS LEASE
Time is of the essence of each term of this Lease.
• • •J .11 1 f - 11 ' 1 6 1 • i '
Y
of this Lease shall be
PAGE 5 OF 8
i RES.G _�____ __ . -Page 277 of 280
binding upon and inure to the benefits of the heirs, executors, administrators, and assigns of
Landlord and Tenant, including purchasers of the Premises. This Lease shall run with the land.
c. This Lease may be executed in counterparts and a facsimile signature shall
be as valid as an original.
d. Should any provision of this Lease be deemed unenforceable, it shall be
stricken so that the remainder of the Lease shall remain in full force and effect,
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the day
and year set forth below next to their respective names.
LANDLORD:
The Bank of Washington
A Washington banking corporation
By.
'4VAN
4�i w�►�. � C fib'
State of Washington )
)ss
County of King )
The City of Auburn
A Washington municipal corporation
By.
its: A0
Dated:
Address: ,I, S 6J /'7,4/ z1 gT _
JQ-"e 4(C'k1 0 ►- `I �
I certify that I know or have satisfactory evidence that /� r �" is
the person who appeared before me, and said person acknowledged that she) signed this
instrument, on oath stated that jgj�hhe) was authorized to execute the instrument and
acknowledged it as the of the City of Auburn, Washington to be the
free and voluntary act of such party r the uses and purposes mentioned in the instrument.
-Y
Dated( e����
r�n�t
K. C Cite Q `-c
�N►+u��,,,(i ` y Print N a '7 . C /F;
s o� A�� `� Notary Public in and for Washington
? Residing at: n
" ' g Commission expires: U3 'Lq is-
lb
�, a►
PARKNo PATS LFsA3E I toll OF W, PAGE 6 of 8
� I.ANiDLORD TIALS
RES.G _ __. _ Page 278 of 280
State of Washington )
ciairom�h
)SS
County of King )
I certify that I know or Have satisfactory evidence that .&. is
the person who appeared before me, add said person acknowledged that (he/she) signed this
insttuinent, on oath stated that e) was authorized to execute the fi strument and
acknowledged it as the 10 of The Bank of Washington to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated.: 0 4"'
Print Name:
Notary Public in and fqr Washington
Residing at:. P m
Commission expires: 5 ' —I '"
PARIU O LOTS LEASE
LAMLOTM INITIALS TEMANT INITIALS
PAGE 7 OF $
Page 279 of 280
E3IMxT "A"
Legal Descri tion
Parking Lot A.
Lots 7 and 8, Block 2, Town of Slaughter according to the plat thereof,
recorded in Volume 2 of Plats, Page 56, Ring County, Washington.
Together with that portion of the vacated alley in said Block 2 as would
attach by operation of law, pursuant to Ordinance No. 6193 of City of
Auburn, recorded under Recording No. 20080912001319
Excepting therefrom the most easterly ten feet thereof
Assessor's Parcel No. 781570 -0135.
Parking Lot B.
Lot 4, Block 2, Town of Slaughter according to the plat thereof, recorded
in Volume 2 of Plats, Page 56, King County, Washington.
Except that portion of said Lot 4 lying east of the following described line:
Beginning at a point on the North line of said Lot 4 a distance of 58.02
feet Fast of the Northwest corner thereof; S
Thence South to a point on the South line of said Lot 4, distant 0.6 feet
West of the Southeast comer. thereof.
Together with that portion of the vacated alley in said Block 2 as would
attach by operation of law, pursuant to Ordinance No. 6193 of City of
Auburn, recorded under Recording No. 20080912001319.
Assessor's Tax Parcel No. 781570 -0115
PARMNG LOTS LEASE PAGE 8 OF 8 e�
LANDLO IN TLku TENANT INITIALS
280 of -280