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03-21-2016 CITY COUNCIL AGENDA
,A BURN ' CALL TO ORDER A. Pledge of Allegiance B. Roll Call City Council Meeting March 21, 2016 - 7:00 PM Auburn City Hall AGENDA Watch the meeting LIVE! Watch the meeting video M eeti ng vi deos are not avai I abl e unti 172 hours after the meeti na has concl uded. II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS III. APPOINTMENTS IV. AGENDA MODIFICATIONS V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing is scheduled for this evening. 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. C. Correspondence There is no correspondence for Council review. VI. COUNCIL AD HOC COMMITTEE REPORTS Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council Committees' progress on assigned tasks and may give their recommendation to the City Council, if any. VII. 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 February 16, 2016 Regular City Council Meeting* B. Minutes of the February 29, 2016 Special City Council Meeting* C. Claims Vouchers - March 7, 2016 (Coleman) Page 1 of 225 Claims voucher numbers 437534 through 437754 in the amount of $3,675,643.94 and four wire transfers in the amount of $176,501.62 and dated March 7, 2016. D. Claims Vouchers - March 21, 2016 (Coleman) Claims voucher numbers 437755 through 437939 in the amount of $2,261,477.07 and five wire transfers in the amount of $590,227.82 and dated March 21, 2016. E. Payroll Vouchers - March 7, 2016 (Coleman) Payroll check numbers 536261 through 536291 in the amount of $697,739.07 and electronic deposit transmissions in the amount of $1,431,374.97 for a grand total of $2,129,114.04 for the period covering February 11, 2016 to March 2, 2016. F. Payroll Vouchers - March 21, 2016 (Coleman) Payroll check numbers 536292 through 536323 in the amount of $563,005.87 and electronic deposit transmissions in the amount of $501,190.11 for a grand total of $1,064,195.98 for the period covering March 3, 2016 to March 16, 2016. G. Public Works Project No. CP1219* (Snyder) City Council approve Final Pay Estimate No. 6 to Contract No. 15 -03 in the amount of $908.85 and accept construction of Project No. CP1219 Valley AC Main Replacement H. Public Works Project No. CP1208* (Snyder) City Council approve Final Pay Estimate No. 11 to Contract No. 14 -10 in the amount of $2,472.42 and accept construction of Project No. CP1208, Sewer Pump Station Improvements Agreement with ESRI for GIS Software and Maintenance* (Haugan) City Council approve an agreement between the City of Auburn and Esri for GIS software and maintenance. (RECOMMENDED ACTION: City Council approve the Consent Agenda.) VIII. UNFINISHED BUSINESS IX. NEW BUSINESS X. ORDINANCES A. Ordinance No. 6586, Second Reading* (Snyder) An Ordinance of the City Council of the City of Auburn, Washington, authorizing the renewal of Franchise Agreement No. 10 -23 and amendment of Ordinance No. 6344 with New Cingular Wireless PCS, LLC (RECOMMENDED ACTION: City Council adopt Ordinance No. 6586.) B. Ordinance No. 6589, Second Reading* (Snyder) An Ordinance of the City Council of the City of Auburn, Washington, approving the Final Plat of Canyon Creek at Peasley - Division 1 Page 2 of 225 (RECOMMENDED ACTION: City Council adopt Ordinance No. 6589.) C. Ordinance No. 6590, First Reading* (Snyder) An Ordinance of the City Council of the City of Auburn, Washington, approving the Final Plat of Hazel View (RECOMMENDED ACTION: City Council adopt Ordinance No. 6590.) D. Ordinance No. 6592, First Reading* (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 6533, the 2015 -2016 Biennial Budget Ordinance, as amended by Ordinance No. 6558, Ordinance No. 6563, Ordinance No. 6570, and Ordinance No. 6571, authorizing amendment to the City of Auburn 2015 -2016 Budget as set forth in Schedule "A" and Schedule "B" (RECOMMENDED ACTION: City Council adopt Ordinance No. 6592.) XI. RESOLUTIONS A. Resolution No. 5199* (Snyder) A Resolution of the City Council of the City of Auburn, Washington, approving the 2016 Stormwater Management Program Plan and authorizing the Mayor to include a copy of the Program Plan in the National Pollutant Discharge Elimination System Western Washington Phase II Municipal Stormwater Permit Annual Report for 2015 to the Washington State Department of Ecology (RECOMMENDED ACTION: City Council adopt Resolution No. 5199.) B. Resolution No. 5210* (Coleman) A Resolution of the City Council of the City of Auburn, Washington, expressing the City's intent to procure a new solid waste collection contract through a competitive bidding process (RECOMMENDED ACTION: City Council adopt Resolution No. 5210.) C. Resolution No. 5212* (Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the dedication of a portion of City -owned property as City right of way (RECOMMENDED ACTION: City Council adopt Resolution No. 5212.) D. Resolution No. 5219* (Faber) A Resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance of a grant from the Cultural Development Authority of King County ( "4Culture ") and authorizing the Mayor and City Clerk to execute the necessary contracts to accept said funds (RECOMMENDED ACTION: City Council adopt Resolution No. 5219.) E. Resolution No. 5222* (Held) Page 3 of 225 A Resolution of the City Council of the City of Auburn, Washington, expressing the support for full state funding of the Municipal Research and Services Center with no conditions (RECOMMENDED ACTION: City Council adopt Resolution No. 5222.) XII. MAYOR AND COUNCILMEMBER REPORTS At this time the Mayor and City Council may report on their significant City- related activities since the last regular Council meeting. A. From the Council B. From the Mayor XIII. 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. Page 4 of 225 C i..i,y C�1: VVA,S p � I N G "i'( AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the February 16, 2016 Regular City Council Meeting Department: Administration Attachments: Minutes Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Meeting Date: March 21, 2016 Staff: Date: March 15, 2016 Budget Impact: $0 Item Number: CA.A CA.A AUBURN * MORE THAN YOU IMAGINED Page 5 of 225 AC V � Y (") f "' 0" B R', " WASN�NN�:,1 0N CALL TO ORDER A. Pledge of Allegiance City Council Meeting February 16, 2016 - 7:00 PM Auburn City Hall MINUTES Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the Council Chambers at Auburn City Hall, 25 West Main Street in Auburn. Mayor Backus led those in attendance in the Pledge of Allegiance. B. Roll Call City Councilmember present: Deputy Mayor Largo Wales, Bob Baggett, Claude DaCorsi, John Holman, Bill Peloza, Yolanda Trout and Rich Wagner. Department directors and staff members present: City Attorney Daniel B. Heid, Community Development and Public Works Director Kevin Snyder, Police Commander David Colglazier, Finance Director Shelley Coleman, Innovation and Technology Director Paul Haugan, Assistant Director of Engineering Services /City Engineer Ingrid Gaub, Parks, Arts and Recreation Director Daryl Faber, and City Clerk Danielle Daskam. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS There was no announcement, proclamation or presentation. III. APPOINTMENTS There was no appointment for consideration. IV. AGENDA MODIFICATIONS There was no change to the agenda. V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings Moratorium on Marijuana /Cannabis Related Businesses and Uses (Held) City Council to conduct a public hearing to receive public comments and suggestions with regard to the moratorium on the allowance, acceptance or processing of applications for business licenses and other licenses, permits and approvals for marijuana /cannabis related business and uses Community Development and Public Works Director Snyder presented the background on the public hearing. On January 4, 2016, the City Council passed Resolution No. 5194, establishing a moratorium on marijuana related businesses and uses. State law requires a public hearing on a moratorium, and the hearing was set for this evening. Director Snyder presented the City Council and members of the audience a fact sheet, titled Quick Facts - Retail Marijuana in Auburn, Washington, 9 CA.A Page 6 of 225 and read the following for the record: Initiative 502 (1 -502) approved by Washington State voters in November 2012. 1 -502 legalized the possession of specified amounts of marijuana and legalized private recreational use of marijuana (marijuana still remains illegal under federal law). 1 -502 authorized processing, production and retail sales of recreational marijuana —as distinct from medical marijuana, which is subject to separate State regulations. The Washington State Liquor and Cannabis Board ( WSLCB) is responsible for licensing of retail applications, location and number of retail stores and associated rules of conduct and operation. City Ordinance No. 6525 passed on September 2, 2014, establishes the City processes and procedures for sales, processing and production of marijuana in the City. The City does not issue business licenses for retail stores, but will issue building permits to ensure compliance to local and state building safety requirements. WSLCB initially allowed two retail store locations in Auburn. Senate Bill 5052 (effective July 24, 2015), directed WSLCB to reopen licensing for retail marijuana businesses. House Bill 2136 (effective July 2015) made changes to state law including allowing for local flexibility to reduce the current 1,000 foot buffer. Cities can adopt a buffer of between 1,000 and 100 feet from recreation centers or facilities, child care centers, public parks, public transit centers or game arcades admitting minors. The 1,000 foot buffer is still required for schools and playgrounds. The House Bill also clarified "public area" in provisions that prohibit the consumption of marijuana in a public place. Effective October 12, 2015, WSLCB announced it would no longer limit the number of licensed retails stores. City Resolution No. 5194 passed on January 4, 2016 established a one (1) year moratorium on all retail businesses that sell marijuana and /or products that utilize marijuana as an ingredient. This Resolution directed staff to work with the Planning Commission, interested citizens and other parties to hold public hearing and public meetings; review experiences of other jurisdictions, information, studies and legal cases; and develop proposals for regulation of retail marijuana. The Resolution specified that the moratorium does not prohibit operation of retail marijuana businesses that lawfully existed in the City under State law and /or City ordinances prior to the effective date of the Resolution (January 4, 2016). Current status of retail sales of marijuana in the City include: 1 open location: Stash Box at 3108 A St SE, Suite F 2 other locations currently in for building permits: The Evergreen Market of Auburn at 402 16th St NE Green Solution Place at 2801 Auburn Way South License applications for 17 potential other locations in Auburn pending before the WSLCB (includes the two that are in for building permits with the City) Page 2 of 9 CA.A Page 7 of 225 The City Attorney's Office is currently evaluating the applicability and effect of Resolution No. 5194 to The Evergreen Market of Auburn and Green Solution Place. During the time the moratorium is in effect, the City will conduct enforcement, as needed, to address compliance to the moratorium. Deputy Mayor Wales inquired regarding the status of the building permits for Evergreen Market and Green Solutions. Director Snyder reported the permits have been issued but the final approvals have not been granted. The applications were submitted prior to the effective date of the moratorium. In response to questions from Councilmember Peloza, Director Snyder reported the City Attorney is currently evaluating the applicability and effect of Resolution No. 5194 on The Evergreen Market and Green Solution Place. Director Snyder also responded that an environmental impact statement is not required of either business. Under existing city code, state environmental impact review is not required for tenant improvements. Councilmember DaCorsi inquired whether the City is aware of the status of the other 17 potential locations in Auburn. Director Snyder stated the City is notified once the State's review of an application is underway, and the City is given an opportunity to comment. In response to further questions from Councilmember DaCorsi, Director Snyder responded marijuana businesses must obtain a state retail license from the State and then a certificate of occupancy for their tenant improvements from the City. In response to questions from Councilmember Trout, Director Snyder reported Green Solution applied for and was issued a permit for tenant improvements for the interior space. No final inspection has been conducted, and no certificate of occupancy has been issued. In response to questions from Councilmember Peloza, Finance Director Coleman offered to provide information on the amount of revenue received by the City from marijuana sales. Mayor Backus opened the public hearing at 7:19 p.m. Justine Linder, 2726 Alpine Drive SE, Auburn Ms. Linder stated she lives in the Forest Ridge neighborhood. She expressed opposition to a retail marijuana store in her neighborhood (at 2801 Auburn Way South). She stated there are school bus stops at 24th and 26th Streets in her neighborhood. She spoke about the existing drug use in her neighborhood. Jay Berneburg, 705 South 9th Street, Tacoma Mr. Berneburg stated he is the attorney representing Paul Brice and Sensi Solutions. According to Mr. Berneburg, Mr. Brice has been working with Auburn since in October 2015, on a short plat, land studies and surveys. Mr. Berneburg also stated he has represented approximately 70 1 -502 businesses in production, processing and Page 3 of 9 CA.A Page 8 of 225 retailing. Mr. Berneburg stated he believes 1 -502 is about eliminating the black market for drugs. Mr. Berneburg stated there are no secondary impacts to retail stores. Mary Moon, 2720 Forest Ridge SE, Auburn Ms. Moon spoke against the location of a retail marijuana business at 2801 Auburn Way South. She questioned whether the proposed location is too close to parks, schools, and day cares. Paul Brice, 8507 SW 104th Street, Lakewood Mr. Brice is the owner of Sensi Solutions and spoke in favor of retail marijuana businesses. He is attempting to open a marijuana retail business at 1535 Auburn Way North. John Meteyer, 2618 Alpine Place SE, Auburn Mr. Meteyer spoke against the location of a retail marijuana store at 2801 Auburn Way South. Teresa Cancil, 2715 25th Street SE, Auburn Ms. Cancil stated she recently moved to the Forest Ridge neighborhood. She spoke against the location of a retail marijuana business at 2801 Auburn Way South. Michael Cancil, 2715 25th Street SE, Auburn Mr. Cancil spoke against the location of a retail marijuana business at 2801 Auburn Way South. He stated a retail marijuana business should be in an industrial area and not next to a residential neighborhood. Bryan Ebstyde, 1820 West Valley Hwy N, Auburn Mr. Ebstyde stated he is a business owner in Auburn where he operates a 70,000 square foot warehouse and is involved in the marijuana processing industry. Mr. Ebstyde spoke in favor of 1 -502. Philip Dawdy, 1608 E. Republican, Seattle Mr. Dawdy stated he is a lobbyist and his current is on the priority list for retail marijuana. He urged the Council to work swiftly on the work plan outlined in the moratorium resolution. Wanda Granquist, 2935 17th Street SE, Auburn Ms. Granquist lives in the Forest Villa neighborhood and gave a brief history of her neighborhood. She also spoke about the changes to her neighborhood. She spoke against a retail marijuana store at 2801 Auburn Way South. Kay Heckt, 1412 Elm Street SE, Auburn Ms. Heckt spoke about the loss of businesses in her neighborhood that enhance the lives of her neighbors. She spoke against the location of a retail marijuana business at 2801 Auburn Way South. Gary Murrell, 2520 Dogwood Street SE, Auburn Mr. Murrell stated he is not opposed to retail marijuana sales, but he believes a retail marijuana business is not appropriate for 2801 Auburn Way South and the entrance to a residential neighborhood. Page 4 of 9 CA.A Page 9 of 225 Jeremy Gray, 203 West Republican, Seattle Mr. Gray suggested the City Council look more closely at zoning regulation of marijuana businesses. Mr. Gray also spoke regarding the need for safe access to medicinal marijuana. Josh Lindholm, 2620 Alpine Place SE, Auburn Mr. Lindholm expressed concern about the location of a retail marijuana business at 2801 Auburn Way South. Mr. Lindholm stated a school bus stop is located less than 100 feet from the store location. Larry Linder, 2726 Alpine Drive SE, Auburn Mr. Linder spoke about his personal experience of children using marijuana and the effect of marijuana on their children. He spoke against the location of a retail marijuana business at 2801 Auburn Way South. Donna Mandrell, 2620 Forest Ridge Drive, Auburn Ms. Mandrell spoke about the homeless population in the area and incidents of crime. She spoke against locating a retail marijuana business at 2801 Auburn Way South. Dennis DeFrancesco, 2420 24th Street SE, Auburn Mr. DeFrancesco agreed with prior comments from his neighbors. He spoke against the location of a retail marijuana business at 2801 Auburn Way South. Mark Stepper, 2701 Z St SE, Auburn Mr. Stepper stated he has lived in the Riverwalk neighborhood for the past two years. He spoke against the location of a retail marijuana business at 2801 Auburn Way South. Andy Serr, 31805 109th Street SE, Auburn Mr. Serr stated retail marijuana stores should be in commercial areas and not in residential areas. Sabina Gundl, 2630 25th Street SE, Auburn Ms. Gundl, spoke against the location of a retail marijuana business near her neighborhood. Theresa Wren, 2530 Forest Ridge Drive SE, Auburn Ms. Wren spoke against the location of a retail marijuana business at the entrance to her neighborhood. Gary Moon, 2720 Forest Ridge Drive SE, Auburn Mr. Moon spoke against the location of a retail marijuana business at the entrance to his neighborhood. He expressed concern with the potential negative impact on his property value. Linda Tombarge, 2708 Fir Street SE, Auburn Ms. Tombarge spoke against the location of a retail marijuana business at 2801 Auburn Way South. Rich Rutkowski, 2554 Forest Ridge Drive SE, Auburn Mr. Rutkowski expressed concern with the increased traffic that would result from a retail store at 2801 Auburn Way South. Page 5 of 9 CA.A Page 10 of 225 George Rottle, 2500 Forest Ridge Drive SE, Auburn Mr. Rottle stated he is tired of the crime in the Forest Ridge neighborhood. He spoke against the location of a retail marijuana business at 2801 Auburn Way South and at the entrance to his neighborhood. Ann Stoker, 2525 Forest Ridge Drive SE, Auburn Ms. Stoker spoke against the location of a retail marijuana store at 2801 Auburn Way South. Jeannie Rottle, 2500 Forest Ridge Drive SE, Auburn Ms. Rottle spoke against the location of a retail marijuana store at 2801 Auburn Way South and the impact on property values in the neighborhood. Jim Fletcher, 2710 Forest Ridge Drive SE, Auburn Mr. Fletcher spoke against the location of a retail marijuana store at 2801 Auburn Way South. 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. Andy Serr, 31805 109th Avenue SE, Auburn Mr. Serr spoke regarding the proposed car tab fees discussed at the last Transportation Benefit District Board meeting. Mr. Serr suggested allowing the citizens to vote on implementation of a car tab fee. C. Correspondence There was no correspondence for City Council review. VI. COUNCIL AD HOC COMMITTEE REPORTS Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council Committees' progress on assigned tasks and may give their recommendations to the City Council, if any. Councilmember Trout reported on behalf of the Council ad hoc committee that reviews claims and payroll vouchers. Councilmember Trout reported she and Councilmember DaCorsi reviewed claims and payroll vouchers as presented and described on this evening's agenda. The Committee recommends approval of the claims and payroll vouchers as presented. Deputy Mayor Wales reported on behalf of the Council ad hoc committee on committees. Deputy Mayor Wales reported the Committee will be presenting information on the Council liaison matrix and meeting reporting form at a future study session. VII. 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 February 1, 2016 Meeting Page 6 of 9 CA.A Page 11 of 225 B. Minutes of the January 25, 2016 Special Meeting C. Minutes of the October 29 -30, 2015 Special City Council Meeting D. Claims Vouchers (Coleman) Claims voucher numbers 437349 through 437533 in the amount of $2,588,573.43 and five wire transfers in the amount of $537,699.18 and dated February 16, 2016. E. Payroll Vouchers (Coleman) Payroll check numbers 536226 through 536260 in the amount of $566,172.02 and electronic deposit transmissions in the amount of $1,408,021.39 for a grand total of $1,974,193.41 for the period covering January 28, 2016 to February 10, 2016. F. Public Works Project No. CP1414 (Snyder) City Council approve Final Pay Estimate No. 7 to Contract No. 15 -10 in the amount of $21,232.18 and accept construction of Project No. CP1414, 2015 Local Street Reconstruction Project. Deputy Mayor Wales moved and Councilmember Holman seconded to approve the Consent Agenda. In response to questions from Councilmember Peloza, Assistant Director of Engineering Services /City Engineer Gaub explained Project No. CP1414 includes reconstruction of portions of 7th Street SE, D Street SE and K Street SE. The project on 17th Street SE (not part of Project CP1414) is a storm and utility project that is still under construction and is anticipated to be completed in the next two months. MOTION CARRIED UNANIMOUSLY. 7 -0 VIII. UNFINISHED BUSINESS There was no unfinished business. IX. NEW BUSINESS There was no new business. X. ORDINANCES A. Ordinance No. 6587, Second Reading (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, authorizing the issuance of a Limited Tax General Obligation Refunding Bond of the City in the principal amount of not to exceed $4,000,000 for the purpose of refunding certain outstanding Limited Tax General Obligation Bonds of the City; providing the form of the bond; and authorizing the sale of the bond Deputy Mayor Wales spoke in favor of Ordinance No. 6587, which will allow the City to refund general obligation bonds to take advantage of the low interest rate market. MOTION CARRIED UNANIMOUSLY. 7 -0 B. Ordinance No. 6588, Second Reading (Coleman) Page 7 of 9 CA.A Page 12 of 225 An Ordinance of the City Council of the City of Auburn, Washington, establishing the Local Sales and Use Tax rate for Local Revitalization Financing for 2016 Deputy Mayor Wales spoke in favor of Ordinance No. 6588, which levies a sales tax credit against state sales tax for local revitalization financing. MOTION CARRIED UNANIMOUSLY. 7 -0 XI. RESOLUTIONS A. Resolution No. 5198 (Snyder) A Resolution of the City Council of the City of Auburn, Washington, setting a public hearing to consider the renewal of Franchise Agreement No. 10 -23 and amendment of Ordinance No. 6344 with New Cingular Wireless PCS, LLC Deputy Mayor Wales moved and Councilmember DaCorsi seconded to adopt Resolution No. 5198. MOTION CARRIED UNANIMOUSLY. 7 -0 B. Resolution No. 5201 (Haugan) 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 Valley Regional Fire Authority for GIS services Councilmember Peloza moved and Councilmember Trout seconded to adopt Resolution No. 5201. MOTION CARRIED UNANIMOUSLY. 7 -0 C. Resolution No. 5209 (Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a third amendment to the Transit Service Direct Financial Partnership Agreement between the City of Auburn, King County and Pierce County Public Transit Benefit Authority (Pierce Transit) Deputy Mayor Wales moved and Councilmember Baggett seconded to adopt Resolution No. 5209. MOTION CARRIED UNANIMOUSLY. 7 -0 XII. MAYOR AND COUNCILMEMBER REPORTS At this time the Mayor and City Council may report on their significant City- related activities since the last regular Council meeting. A. From the Council Councilmember Trout reported on her attendance at the Domestic Violence Prevention Task Force, the Senior Center coffee hour, and the Auburn Youth Resources fundraising breakfast. Councilmember Baggett reported on the Councilmembers' tour of low impact development projects in the Puyallup area, including Puyallup City Hall and the Washington State University - Puyallup campus and low impact development research center. Page 8 of 9 CA.A Page 13 of 225 Councilmember Peloza reported on his attendance at the Sound Cities Association Regional Policy Committee and the King County Solid Waste Advisory Committee meeting. Councilmember Wagner reported on the City Councilmembers' low impact development tour and the Transportation Policy Board meeting. Councilmember Holman reported on his attendance at a meeting of the King County Aerospace Alliance held at Orion Industries and his participation in a National History Day project at Mountainview High School. Councilmember DaCorsi reported on his attendance at the Regional Transit Committee meeting, the Auburn Youth Resources fundraising breakfast, and the City Councilmembers' tour of low impact development facilities. B. From the Mayor Mayor Backus announced she will deliver the State of the City Address on February 23rd at the Auburn Avenue Theater. Following the State of the City Address, the historic post office building will be open for a tour. XIII. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:49 p.m. APPROVED this 21 st day of March, 2016 NANCY BACKUS, MAYOR Danielle Daskam, City Clerk Page 9 of 9 CA.A Page 14 of 225 C i..i,y C�1: VVA,S p � I N G "i'( AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the February 29, 2016 Special City Council Meeting Department: Administration Attachments: Minutes Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Meeting Date: March 21, 2016 Staff: Date: March 15, 2016 Budget Impact: $0 CA.B AUBURN * MORE THAN YOU IMAGINED Page 15 of 225 Au""B"U"yo- Special City Council Meeting R February 29, 2016 - 5:30 PM Auburn City Hall oN" VVAS1,�IN(A1, MINUTES CALL TO ORDER Mayor Nancy Backus called the special meeting of the City Council to order at 5:30 p.m. in the Council Chambers of Auburn City Hall located at 25 West Main Street in Auburn. The purpose of the special meeting was to consider Resolution No. 5211 relating to a settlement agreement between the City and Harold Gambini. City Councilmembers present: Deputy Mayor Largo Wales, Bob Baggett, Claude DaCorsi, John Holman, Bill Peloza, and Rich Wagner. Councilmember Yolanda Trout - Manuel was excused. Department directors and staff members present included: City Attorney Daniel B. Heid, Innovation and Technology Director Paul Haugan, Human Resources and Risk Management Director Rob Roscoe, Director of Administration Dana Hinman, Community Development and Public Works Director Kevin Snyder, Police Commander Mark Caillier, and City Clerk Danielle Daskam. II. RESOLUTIONS A. Resolution No. 5211 (Held) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a settlement agreement between the City of Auburn and Harold Gambini for settlement of the lawsuit filed in the King County Superior Court under Cause Number 14 -2- 34852 -5 -KMT Deputy Mayor Wales moved and Councilmember DaCorsi seconded to adopt Resolution No. 5211. MOTION CARRIED UNANIMOUSLY. 6 -0 III. ADJOURNMENT The meeting adjourned at 5:31 p.m. APPROVED this 21 st day of March, 2016. NANCY BACKUS, MAYOR Danielle Daskam, City Clerk Page 1 of 1 CA.B Page 16 of 225 'Alu,BURN VVA,S I � I N G "i'(')N' Agenda Subject: Claims Vouchers - March 7, 2016 AGENDA BILL APPROVAL FORM Date: March 7, 2016 Department: Attachments: Budget Impact: Finance No Attachments Available $0 Administrative Recommendation: City Council approve claims vouchers. Background Summary: Claims voucher numbers 437534 through 437754 in the amount of $3,675,643.94 and four wire transfers in the amount of $176,501.62 and dated March 7, 2016. Reviewed by Council Committees: Councilmember: Staff: Coleman Meeting Date: March 21, 2016 Item Number: CA. C CA.0 AUBURN * MORE THAN YOU IMAGINED Page 17 of 225 'Alu,BURN VVA,S I � I N G "i'(')N' Agenda Subject: Claims Vouchers - March 21, 2016 AGENDA BILL APPROVAL FORM Date: March 16, 2016 Department: Attachments: Budget Impact: Finance No Attachments Available $0 Administrative Recommendation: City Council approve claims vouchers. Background Summary: Claims voucher numbers 437755 through 437939 in the amount of $2,261,477.07 and five wire transfers in the amount of $590,227.82 and dated March 21, 2016. Reviewed by Council Committees: Councilmember: Staff: Coleman Meeting Date: March 21, 2016 Item Number: CA. D CAL AUBURN * MORE THAN YOU IMAGINED Page 18 of 225 'Alu,BURN VVA,S I � I N G "i'(')N' AGENDA BILL APPROVAL FORM Agenda Subject: Date: Payroll Vouchers - March 7, 2016 March 7, 2016 Department: Attachments: Budget Impact: Administration No Attachments Available $0 Administrative Recommendation: City Council to approve payroll vouchers. Background Summary: Payroll check numbers 536261 through 536291 in the amount of $697,739.07 and electronic deposit transmissions in the amount of $1,431,374.97 for a grand total of $2,129,114.04 for the period covering February 11, 2016 to March 2, 2016. Reviewed by Council Committees: Councilmember: Staff: Coleman Meeting Date: March 21, 2016 Item Number: CA.E CA.E AUBURN * MORE THAN YOU IMAGINED Page 19 of 225 'Alu,BURN VVA,S p � I N G "i'( AGENDA BILL APPROVAL FORM Agenda Subject: Date: Payroll Vouchers - March 21, 2016 March 16, 2016 Department: Attachments: Budget Impact: Administration No Attachments Available $0 Administrative Recommendation: City Council to approve payroll vouchers. Background Summary: Payroll check numbers 536292 through 536323 in the amount of $563,005.87 and electronic deposit transmissions in the amount of $501,190.11 for a grand total of $1,064,195.98 for the period covering March 3, 2016 to March 16, 2016. Reviewed by Council Committees: Councilmember: Staff: Coleman Meeting Date: March 21, 2016 Item Number: CA.F CA.F AUBURN * MORE THAN YOU IMAGINED Page 20 of 225 'Alu,BURN VVAS p � I N G "i'( AGENDA BILL APPROVAL FORM Administrative Recommendation: City Council approve Final Pay Estimate No. 6 to Contract No. 15 -03 in the amount of $908.85 and accept construction of Project No. CP1219 Valley AC Main Replacement. Background Summary: The Valley AC Main Replacement project abandoned 6 -inch and 8 -inch asbestos cement water mains along 49th Street NW / NE, 85th Avenue S, Auburn Way N, and B Street NW and replaced them with 12 -inch ductile iron water mains. The project also included new water services, pavement restoration, and other water appurtenances associated with the replaced water mains. A project budget contingency of $30,362.00 remains in the Water 430 Fund. The final contract amount is within the budget and within the authorized contingency for the project. Reviewed by Council Committees: Councilmember: Staff: Snyder Meeting Date: March 21, 2016 Item Number: CA.G CA.G AUBURN * MORE THAN YOU IMAGINED Page 21 of 225 BUDGET STATUS SHEET Project No: CP1219 Project Title: Valley AC Main Replacement Project Manager: Joel Chalmers Initiation Date: 6/3/13 Advertisement Date: 3/24/2015 Award Date: 4/20/2015 0 Project Initiation 0 Permision to Advertise 0 Contract Award 0 Change Order Approval 136,372 Contract Final Acceptance The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Date: March 4, 2016 Funding Prior Years 2015 2016 Future Years Total 430 Fund - Water Repair and Replacement 136,372 1,175,628 0 0 1,312,000 Total 136,372 1,175,628 0 0 1,312,000 Estimated Cost (Funds Needed) Activity Prior Years 2015 2016 Future Years Total Design Engineering - City Costs 135,948 23,932 0 0 159,880 Construction Contract Bid 136,372 981,945 7,587 0 981,945 Line Item Changes 0 53,413 2,098 0 55,512 Change Order #1 0 8,375 7,587 0 8,375 Change Order #2 6,860 6,860 Change Order #3 1 +, U l 1 +, ; l Permit / Other / Testing - King County & Otto 424 857 2,178 3,458 Construction Engineering - City Costs 1 1 62,297 1 4,500 1 1 66,797 Total 1 136,372 1 1,137,680 1 7,587 1 0 1 1,281,639 430 Water Budget Status . ( # ) in the Budget Status Sections indicates Money the City has available. CA.G Page 22 of 225 Prior Years 2015 2016 Future Years Total '430 Funds Budgeted () (136,372) (1,175,628) 0 0 (1,312,000) 430 Funds Needed 136,372 1,137,680 7,587 0 1,281,639 "430 Fund Project Contingency () 0 (37,948) 0 0 (30,362) 430 Funds Required 0 0 7,587 0 0 . ( # ) in the Budget Status Sections indicates Money the City has available. CA.G Page 22 of 225 CITY OF AUBURN CP1219 PAY ESTIMATE #6 & FINAL CO. NO. 15 -03 Valley AC Main Replacement SCHEDULE A: Water Utility Improvements ITEM ESTIMATE TOTAL PERIOD UNIT NO. ITEM DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE UNIT COST TOTAL COST PERIOD COST PERCENT EST. 1 2 Minor Chan es Record Drawin s Minimum Bid $500 Utility Potholing Mobilization 1 1 18 1 1.1351556 1 36 0.06048E . Ad'. LS EA 18000.00 585.00 510.00 $ 20,432.80 $ 585.00 $ 18,360.00 $ 1,088.64 $ $ QTY. 114% 100 % 200% 3 4 $ 100% 5 Construction Site Si n s 2 1 LS 31725.00 $ 31,725.00 6 Traffic Control Supervisor 1 2 EA 935,00 $ 1,870.00 $ 100% 7 Traffic Control Labor - Flagging Min. Bid $38.00 per hour 810 1 1787 LS 16900,00 $ 16,900.00 $ 100% 8 Clearing and Grubbing 1 HR 45.55 $ 81,397.85 $ 221% 9 Roadside Cleanup Removal of Structures and Obstructions 1 1 1 1 LS LS 5250.00 5750.00 $ 5,250.00 $ 5,750.00 $ $ 100% 100% 10 $ 100% 11 Removal of Concrete or Asphalt Pavement 1348 1 LS 13535.00 $ 13,535.00 12 Removal of Cement Concrete Flat Work 100 955.28 Sy -Sy 16.00 $ 15,284.48 $ 71% 13 Removal of Curb and Gutter 122 156 19.90 $ 3,104.40 $ 156% $ 56% 14 Crushed Surfacing Top Course 41 72 92.97 LF 7.50 $ 540.00 15 HMA Cl. 1/2 -inch PG 64 -22 Class B 683 849.84 TON 38.35 $ 3,565.40 $ 227% 16 HMA Cl. 1 -inch PG 64 -22 Class E 164 TON 114.50 $ 97,306.68 $ 124% $ 204% 17 Asphalt Cold Patch 210 335.16 TON 157.00 $ 52,620.12 18 Planing Bituminous Pavement 4426 288.82 TON 115.00 $ 33,214.30 $ 138% 19 Ad Adjust Manhole 4 2557 Sy 3.90 $ 9972,30 ,EA $ 58% 20 Adjust Catch Basin 1 4 895.00 $ 3,580.00 $ 100% 21 Pipe Foundation Material 727 0 EA 560.00 $ $ 0% 22 Imported Pipe Bedding 1464 0 1409.41 TON TON 58.00 29.35 $ $ 0% 23 Select Pipe Trench Backfill Im orted Pipe Trench Backfill 375 1452 501.72 1405.8 TON 29.35 $ 41,366.18 $ 14,725.48 $ $ 90% 134% 24 $ 97% 25 Shoring or Extra Excavation Class B 38050 18641 TON 24.25 $ 34,090.65 26 Connect to Existing Water Main 9 SF 0.50 $ 9,320.50 $ 49% $ 100% Special Class 52 Ductile Iron Pipe for Water Main, 4 -inch 9 EA 3005.00 $ 27,045.00 27 Diameter Special Class 52 Ductile Iron Pipe for Water Main, 12 -inch 312 306 LF 41.40 $ 12,668.40 $ 98% 28 29 Diameter 2 -inch Blow Off Assembly 2997 2972 LF 70.00 $ 208,040.00 $ gg% 30 Gate Valve, 4 -inch Diameter 2 1 2 EA 1900.00 $ 3,800.00 $ 100% 31 Gate Valve, 8 -inch Diameter 3 1 EA 655.00 $ 655.00 $ 100% 32 Gate Valve, 12 -inch Diameter 7 4 5 1 3 3 7 1 5 1 0 EA EA EA EA EA LF 1155.00 2145.00 195.00 5190.00 1895,00 600.00 $ 3,465.00 $ 15,015.00 $ 195.00 $ 25,950.00 $ 1,895.00 $ $ $ $ $ $ $ 100% 100% 25% 100% 100% 0% 33 Valve Box 34 H dra Hydra nt Assembly 35 Resetting Existing Hydrant 36 Extensions Water Service Connection % inch Meter with 1 inch Diam. 37 38 Service Line Water Service Connection 1 inch Diam. 43 44 EA 950.00 $ 41,800.00 $ 102% 39 Water Service Connection 2 inch Diam. 2 1 2 EA 1253.00 $ 2,506.00 $ 102% 40 Trenchless Service Connection 6 1 EA 3440.00 $ 3,440.00 $ 100% 7 EA 4550.001 $ 31,850.00 $ 117% CA. G h: \proj \pe \CP1219 PE,xls Period Dates Begin: Oct 21, 2015 End: March 4, 2016 1 of 4 SCHEDULE SUBTOTAL $ Page 23 of 225 1,088.64 3/8/2016 at 11:23 AM CITY OF AUBURN CP1219 PAY ESTIMATE #6 & FINAL CO. NO. 15 -03 Valley AC Main Replacement SCHEDULE A: Water Utility Improvements ITEM N0, 41 42 43 44 45 46 47 48 49 50 EC'O�-2 ITEM DESCRIPTION Removal of Obstruction for Trenchless Service Connection Temporary Water Pollution /Erosion Control TESC Plan Miscellaneous Roadside Restoration Cement Concrete Traffic Curb and Gutter Residential Driveway Apron - HMA Industrial or Commercial Driveway Apron Cement Concrete Sidewalk Paint Line Plastic Crosswalk Stripe and Stop Bar (24 inch wide) Plastic Tr affic Arrow 1 -inch Mefer Setter Replacing 3/4" Meter Setter Trenchless Service Connection Extras ESTIMATE QUANTITY 1 1 1 1 122 150 23 100 5125 70 3 49 1 TOTAL QUANTITY 0 0.246639 1 2.451029 75 71.72222 49.76 121.66 3050 186 3 50 1 PERIOD QUANTITY 0.082764 UNIT TYPE Eq. Adj. Eq. Adj. LS Eq. Adj. LF SY SY SY LF LF EA EA LS UNIT COST 8000.00 10000.00 390.00 10000.00 52.35 21.00 120.00 99.00 0.17 5.75 690,00 156.09 6265.07 TOTAL COST $ $ 2,466.39 $ 390.00 $ 24,510.29 $ 3,926.25 $ 1,506.17 $ 5,971.20 $ 12,044.34 $ 518.50 $ 1,069.50 $ 2,070.00 $ 7,804.50 $ 6,265.07 PERIOD COST $ $ 827,64 $ $ $ $ $ $ $ $ $ $ $ PERCENT EST. QTY. 0% 25% 100% 245% 641 1% 216% 122% 60% 266% 100% 102% 100% Period Dates Begin: Oct 21, 2015 End: March 4, 2016 CA. G SCHEDULE TOTAL $ 1,916.28 Page 24 of 225 h: \proj \pe \CP1219 PE,xls 2 of 4 3/8/2016 at 11:23 AM 0 0 0 N c- r o� LO cc� O co 0 o ro co j O O 0) 0 t OD ce) v N O s Z ° Co N o a 19 o9r C') do rn: r: 4- v o ` �0 N R r � 7 b� kft (:Fy CO U to c N v t v R T O C6 { o°� y b OD co r. s a cn Y N O a p V �O O' cva to Y V 0 Z ko 7� C) O bPr O .6 es 0 's'- Z �0 0 V Z r U 0 m a � Y 7 0. o �6 O CD Y 7 7 2 U N 0 Cl) N X y 0) N d 0 0 o cL � V Co. tAo AUBURN P PY ES N �Rp G� ©R e °era1, �LG and ° °rrectthe 1 Pay estimate GO G °ast G a true s o i� atspejer p ad�gox 15JI W P x$366 e that it is aPre e carefiuiiy ex Port prcyfl'443.2� 9g ai Pay estrmaf \Vacs, that \any and aii ate m ph °ne: d t �s n er this CO urn 1) rs estrm ewed and aGity °f Pubease de G-m e n bset fiOrth in th s hick ned ha revr e #rom the hereby re ct w the undeatl m °Hies dtand it and thoUt °t this c °ntra , sh °win9 d antlers ve arisrn9 9p8.8b estimate a Gh i may ha tore wh na - .tcrP.G -T GR pate pNn S`�natures: G °ntractOr lnsPectOr pra�ect N�a Gity Engineer 40 {4 CP_Goi\Pe\GP12�9 P� X`S h M—Mom �._ Date � pate page 26 of 225 31812p16 at A 23 W A a IV4)I 1 Q (S 285TH ST) o: w a 3 th a a E� s a ST z E- A O V C7 U 277th z L) 9 VPyt3� tT� E. t%2 9 � q AUBURN WASHINGTON 0.. z P4 x E� 0 z NW ST) 30th ST NW co rn 277th z z VPyt3� tT� E. t%2 9 � q:-3�lRIal$ w-lm M 42nd ST NE C L CATI N w z El U) U A UB URN 1 30th \ ST NE BR"NAN - PARK w � z JAIRPORT 2 rdN a 22nd ST NE VALLEY AC MAIN REPLACEMENT VICINITY MAP October 2013 NOT TO SCALE co 3AALI O ST AV EuANS \ PARK v • 'Alu,BURN VVAS p � I N G "i'( AGENDA BILL APPROVAL FORM Administrative Recommendation: City Council approve Final Pay Estimate No. 11 to Contract No. 14 -10 in the amount of $2,472.42 and accept construction of Project No. CP1208, Sewer Pump Station Improvements. Background Summary: This project constructed various improvements to 11 of the City's sanitary sewer pump stations including upgrading the ability of maintenance staff to access and maintain wet wells, installed new back -up generator systems, installed site improvements such as fencing, lighting, and equipment shelters, and established cathodic protection systems. See the attached Improvement Matrix for specific improvements at each sewer pump station site. A project budget contingency of $8,667.00 remains in the Sewer 432 Fund. The final contract amount is within the budget and within the authorized contingency for the project. Reviewed by Council Committees: Councilmember: Staff: Snyder Meeting Date: March 21, 2016 Item Number: CA.H CA.H AUBURN * MORE THAN YOU IMAGINED Page 28 of 225 BUDGET STATUS SHEET Project No: CP1208 Project Title: Sewer Pump Station Improvements Project Project Manager: Joel Chalmers 2016 Total 0 Project Initiation Initiation Date: 9/3/13 0 Permision to Advertise Date: March 9, 2016 Advertisement Date: 8/26/14 0 Contract Award Award Date: 9/15/14 C) Carry Forward 2016 1,229,047 Contract Final Acceptance The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Funding Prior Years 2015 (Actual) 2016 Total 431 Fund - Sewer 201,954 1,229,047 50,000 1,431,001 Total 201,954 1,229,047 50,000 1,431,001 Estimated Cost (Funds Needed) Activity Prior Years 2015 (Actual) 2016 Total Design Engineering - City Costs 86,948 22 (50,000) 86,970 Design Engineering - Consultant Costs 94,326 2,854 77,440 97,179 Construction Contract Bid �o 1,089,274 0 1,089,274 Line Item Changes 0 2,331 15,480 17,811 Change Order No. 1 22,843 22,843 Change Order No. 2 54,681 54,681 Change Order No. 3 1 i ( ) :.' i ( :) ( :) .' Easement Acquisition 3,237 438 2,000 5,675 Construction Other - Misc. 8,849 8,849 Construction Engineering - City Costs 17,444 55,810 7,000 80,253 Construction Engineering - Consultant Costs 10,5201 8,300 18,820 Total 201,954 1,192,941 1 77,440 1,472,335 431 Sewer Budget Status . ( # ) in the Budget Status Sections indicates Money the City has available. H: \PROJ \CP1208 -Sewer Pump Station Improvements \Budget \Sewer Imp Proj BudgetStatusSheet 2011-12 - 27.xlsx 1 of 1 CA.H Page 29 of 225 Prior Years 2015 (Actual) 2016 Total '431 Funds Budgeted () (201,954) (1,229,047) (50,000) (1,481,001) 431 Funds Needed 201,954 1,192,941 77,440 1,472,334 "431 Fund Project Contingency O �o (36,106) 0 1 (8,667) 431 Funds Required 0 1 0 1 27,440 1 0 . ( # ) in the Budget Status Sections indicates Money the City has available. H: \PROJ \CP1208 -Sewer Pump Station Improvements \Budget \Sewer Imp Proj BudgetStatusSheet 2011-12 - 27.xlsx 1 of 1 CA.H Page 29 of 225 CITY OFAUBURN oP12O8 PAY ESTIMATE #11 & FINAL Sewer Pump Station Improvements 11monts-KinOCounty ITEM NO. JITEM DESCRIPTION ESTIMATE QUANTITY TOTAL QUANTITY I PERIOD I QUANTITY UNIT TYPE UNIT COST TOTAL COST PERIOD COST PERCENT EST. QTY. 5 Removal of Structures and Obstructions I I LS _Z3__Q .00 33,000.00 $ 100% Crushed Surfacing-To Course 94.66 94.66 TON 60.00 - 100% 11 Solid Wall Polyvinyl Chloride (PVC) Storm'Pipe, SDR-35, 6-inch Diam. 15 15.5 LF 97.00 $ 1,503.50 103% 12 Solid Wall Polyvinyl Chloride (PVC) Storm Pipe, SDR-35, 12-inch Diam. 8 15.5 LF 111.00 $ 1,720.50 $ 194% 20 Controlled Density Fill ( PF) for FillLiriq Fipe 2 4 CY 311.00 244.00 $ 200% 23 Hose Bib Relocation 1 1 EA 927.00 $ 927.00 $ 100% Wet Well Improvements at Rainier Ridqe (Site #3 1 1 LS 44,000.00 44,-0QQ-.00 $ 100% 31 Cathodic Protection _Systtqm&omqlete 8 8 EA 1_7 000. GO 136,000.00 $ 100% —115 34 Cement Concrete Traffic Curb and Gutter 126 LF 37.00 $ 4,662.00 $ 110% Industrial and Commercial DriyqWwLqp_rp_n_ 54 76.85 SY 50.00 $ 3,842.50 142% 36 Chain Link Fence with Black Slats 260 260 LF 1 QO.00 $ 39 Double Chain Link Gate - 20 Ft. Wide 1 1 EA $ 100% 40 lCement Concrete Sidewalk 61.59 1. SY 50.00, $ 3,079.50 aoom Jan u1.xNo End: Feb 12, 2016 CA. H Page 30Of225 h:\pm0po\Cp1oouPs.xm Imo 3/11/2016 at 11:42 AM CITY OF AUBURN CP1208 PAY ESTIMATE #11 & FINAL CO. NO. 14 -10 Sewer Pump Station Improvements 11 ments -King County ITEM NO, ITEM DESCRIPTION ESTIMATE QUANTITY TOTAL QUANTITY PERIOD QUANTITY UNIT TYPE UNIT COST TOTAL COST PERIOD COST PERCENT EST. QTY. 41.___ Equipment Shelter with Modification 2 EA 18,000.00 $ 36,000.00 $ 100% 42 Equipment Shelter, Complete 2 2_ EA _ 18,000.00 $ 36,000.00 _ 100% 43 Paint Line 137 151 LF 10.00 $ 1,510.00 _$ __ 110% 44 _ _ Removinq Paint Line 144 151 _ _ _ LF 10.00 $ _ 1,510.00 $ CO -1 -1 F Street Handrailinq_ Credit (BI #24) -1 1 _EA _ (3,000.00) $ (3,000.00) $ -100% CO -1 -2 8t_h Street Platform Credit (BI #28) -1 1 EA (10,000.00)_ $ ----00— 000_00)_ _ 100 %° _ CO -1 -3 F Street Uni -Hoist Credit (BI #24) -1 _ 1 EA _(2,000.00)__$ (2,000.00) $ Co -1 -4 _ Rainier Ridqe Uni -Hoist Credit (BI #26) -1 _ 1 EA (2 000.00) $_ (2,000.00) � -_ 100% Co -1 -5 Additional Conduits (Site's 2 & 6) 1 __. 1 _ LS 2,009.28 _ $ 2,009.28 $ _ 100% Co -1 -6 Raise Electrical Service Cabinet (Site 2 1 1 _ LS 3,381_74 $,_ 3,381.74 $ 100% CO -1 -7 Rainier Ridqe 4` Riser Installation (Site 3) 1 _ 1 LS--- 17,538 9L_$ 17,538.92 $, __ _ 100% CO -1 -8 F Street 7 "Riser Installation (Site 5) 1 1 LS 2,440.84_ $ 2,440.84 $ 100 %° CO -1 -9 _ R Street formed Manhole Section Adiustment (Site 6) _ 1 1 _ —EA— EA_ 3,378.00 $ 3,378.00 _$ ___ 100% CO -1 -10 Manhole Section Adiustment 4 4 _ 278.00 _ $ 9,112.00_ $ __ 100 %0 CO -2 -1 _ R Street Generator Move (Site 6) 1 1 LS 10,448.00 $ _ 100 % CO -2 -2 R Street_ Generator Doors Modified & Piq_tail Added (Site 1 1 LS 1,973.66 _$ 1,973.66__$ _ _ 100% Co -2-3 Generator Breaker Exchange (Site 1, 2, & 4) 1 1 LS 4,507.25 $ 4,507.25 _$ 100 °_ /° CO -2 Bid Item #6, additional quantity CSTC 0 _ _ _ _ CO -2 Bid Item #9, additional quantity hma Cl. 1/2inch 0--- CO -2 Bid Item #40, additional quantity Cement Sidewalk 0 CO-3-1 Bypass Pumping Credit -1 1_ EA (10,000.00) $ (10,000.00) _ _ - 100% q -3 -2 Reduced Generator Factory Testinq Credit -1 1 LS _(9_000.00) $ (9,000.00)_ $ - 1000/,0 _ CO-3-3 Extended Overhead Credit _ 19 19 Da s 567.54 10 783.26 $ 100% SCHEDULE TOTAL $ 2,257,92 Begin: Jan 21, 2016 End: Feb 12, 2016 CA. H Page 31 of 225 h: \proj \pe \CP1208 PE.xls 2 of 6 3/11/2016 at 11:42 AM CITY OFAUBURN CP120O PAY ESTIMATE #11 & FINAL MATERIALS ON HAND Sewer Pump Station Improvements SCHEDULE A MOH: Sanitary Sewer Utility Improvements-King County ITEM No. ITEM DESCRIPTION TOTAL QUANTITY PERIOD QUANTITY UNIT TYPE UNIT COST TOTAL COST PERIOD COST 24 F Street Ladder (Site #5) Material on Hand 1.00 EA 2,305.85 $ 2,305.85 $ 25 R Street Ladder (Site #6) 26 Rai nier Rid -ge-IL400er 27 22nd Street Ladder (Site Material on Hand 1.00 EA $ 2,305.83 $ 2,305.83 Meadows Ladder (Site #4 -Va-Ilev 29 8th Street Ladd r (S te 30 Generator, Complete Material on Hand Material Installed 1.823456 Q8.Q_Q_Q_QQ__$_ 123, (1.82) EA $ 68,000.00 $ (123,995.00 TOTAL 01 $ 41 _Eg_gi ment Shelter, with Modification 42 Equipment Shelter,. Complete Material on Hand 1.00 EA 7,488.50 $ 7,488.50 $ SCHEDULE TOTAL $ Period Dates ooum: Jan u1.001n End: Feb 12, 2016 CA. H Page 32Of225 3/11/2016 at 11:42 AM CITY OF AUBURN CO. NO. 14 -10 CP1208 Sewer Pump Station Improvements PAY ESTIMATE #11 & FINAL SCHEDULE B: Sanitary Sewer Utility Improvements- Pierce County ITEM CA. H h: \proj \pe \CP1208 PE.xls Period Dates Begin: Jan 21, 2016 End: Feb 12, 2016 4of6 UNIT COST I TOTAL COST I PERIOD COST 51 SCHEDULE TOTAL $ Page 33 of 225 3111/2016 at 11:42 AM TOTAL ITEM DESCRIPTION UANTITY NO. EESTIMATE 0 45 Minor Changes _ 3 47 Cathodic Protection S stem, Com fete CA. H h: \proj \pe \CP1208 PE.xls Period Dates Begin: Jan 21, 2016 End: Feb 12, 2016 4of6 UNIT COST I TOTAL COST I PERIOD COST 51 SCHEDULE TOTAL $ Page 33 of 225 3111/2016 at 11:42 AM SCHEDULE A: Sanitary Sewer Utility Improvements -King County Contract Sales Tax ( +9.5 %) Material on Hand (MOH) Bond in Lieu of Retainage 9 -18 -15 Retainage ( -5 %) SCHEDULE TOTAL SCHEDULEB: Sanitary Sewer Utility Improvements-Pierce County Contract Sales Tax ( +9.4 %) Bond in Lieu of Retainage 9 -18 -15 Retainage ( -5 %) SCHEDULE TOTAL CITY OF AUBURN CP1208, Sewer Pump Station Improvements PROJECT SUMMARY CO. NO. 14 -10 PAY ESTIMATE #11 & FINAL Original Contract Contract Change Amount Orders Total Payment This Period Percent /Contract $ 938,822.00 $ 62,581.35 $ 1,019,731.09 $ 2,257.92 102% $ 89,188.09 $ 4,920.82 $ 96,874.45 $ 214.50 $ - $ - $ (50,986.55) $ - $ 1,028,010.09 $ 67,502.17 $ 1,065,618.98 $ 2,472.42 $ 56,000.00 $ $ 5,264.00 $ $ 61,264.00 $ 53,000.00 $ 4,982.00 $ (2,650.00) $ 55,332.00 $ Overall Final Percentage - 95% TOTAL CONTRACT AMOUNT TO DATE (including Sales Tax) $ 1,174,587.54 TOTAL PAYMENT TO CONTRACTOR $ 1,120,950.98 $ 2,472.42 PAYMENT DUE CONTRACTOR: $ 2,472.42 Period Dates Begin: Jan 21, 2016 End: Feb 20, 2016 102% CA. H Page 34 of 225 h: \proj \pe \CP1208 PE.xls 5 of 6 3/16/2016 at 10:38 AM CITY OF AUBURN CO. NO. 14 -10 CP1208 PAY ESTIMATE # 11 & FINAL CONTRACTOR: R. L. Alia Company 107 Williams Avenue South Renton, WA 98057 Phone: 425- 226 -8100 The undersigned has reviewed and approved this final pay estimate. I agree that it is a true and correct statement showing all monies due me from the City of Auburn under this contract; that I have carefully examined the final pay estimate estimate and understand it and that 1 hereby release the City of Auburn from any and all claims of whatsoever nature which 1 may have, arising out of this contract, which are not set forth in this estimate. PAYMENT DUE TO CONTRACTOR = $ 2,472.42 Signatures: Contractor Inspector Project Manager City Engineer CAP projlpe%CP1208 PE.As V/ -P Date Date V� --G, Date 6of6 Date Page 35 of 225 311112016 at 11:42 AM CP1208 Sewer Pump Station Improvement Matrix CA. H Page 36 of 225 Generator System Cathodic Protection System Wet Well Access Improvements Site Improvements Fencing Shelter Lighting 22nd Street NE X X X X X X 8th Street NE X X X X X X Area 19 X F Street SE X X North Tapps X Peasley Ridge X R Street NE X X X X X X Rainier Ridge X X Riverside X Terrace View X Valley Meadows X X X X X X CA. H Page 36 of 225 CA.H Page 37 of 225 Sewer Pump Station Improvements Project Vicinity Map u 8th Stree t t V 22nd Street Riverside Pum p Pump , � Pump Station Station Station u Rainier Ridge Pump Station V Valley , Meadows .. ` R Street �� ��� `' Pump ; Pump i' ��„ �, Station Stations Peasley Ridge Pump p, Station `F' Street Pump y' Station Terrace Area -19 View Pump .. Pump Station °'' Station ItE W North Tapps jury, Pump „ Station CA.H Page 37 of 225 'Alu,BURN VVAS I � I N G "i'(') N' AGENDA BILL APPROVAL FORM Agenda Subject: Agreement with ESRI for GIS Software and Maintenance Department: Attachments: Information Services ESRIAgreement Administrative Recommendation: Date: March 16, 2016 Budget Impact: $15,000 City Council approve the agreement with Esri for GIS software and maintenance. Background Summary: The City has had a long relation ship with ESRI. They provide our GIS Software that is in wide use throughout the City. This agreement is for a three year term, paid annually which covers the use of software, maintenance and online training. Reviewed by Council Committees: Councilmember: Staff: Haugan Meeting Date: March 21, 2016 Item Number: CA.I CA.I AUBURN * MORE THAN YOU IMAGINED Page 38 of 225 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. 111 Market Street, Suite 250 Olympia, WA 98501 -1099 Phone: 909-793-2853 Fax: 909-307-3049 DUNS Number: 06- 313 -4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 0111512016 To: 0411412016 Quotation # 20481342 Date: January 15, 2016 Customer # 549 Contract # City of Auburn Innovation & Technology Dept 25 W Main St Auburn, WA 98001 ATTENTION: Ashley Riggs PHONE: (253) 288 -3149 FAX: 253 - 876 -1900 Material Qty Description Unit Price Total 110037 1 Year 3 - Populations of 50,001 to 100,000 Small Government Term 50,000.00 50,000.00 Enterprise License Agreement 110037 1 Year 4 - Populations of 50,001 to 100,000 Small Government Term 50,000.00 50,000.00 Enterprise License Agreement 110037 1 Year 5 - Populations of 50,001 to 100,000 Small Government Term 50,000.00 50,000.00 Enterprise License Agreement Item Total: 150,000.00 Subtotal: 150,000.00 Sales Tax: 14,250.00 Estimated Shipping & Handling(2 Day Delivery) : 0.00 Contract Pricing Adjust: 0.00 Total: $164,250.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Heather Glock Email: halock@esri.com Phone: 909 - 793 -2853 x8948 The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri, if any, or, where applicable, Esri's standard terms and conditions at www.esri.com /legal, which are incorporated by reference. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Acceptance is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services. If sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074 -4630 Thies nffpr is limitpd to the tprmc and rnnditinnc inrnrnnratpd and attached herein 25 Esri Use Only: Cust. Name C'ust. # PO # _ Esri Agreement # Esn, 380 New York St., Redlands, CA 92373 -8100 USA • TEL 909 - 793 -2853 • FAX 909 - 793 -5953 Si�I.1�,I..I.., VIVI YRPRISI'. I..If F V : IMRJFEiyIEiVI' Cfil..`N`V Y At Nf ID IkIW!NII'IIwA11,I,y (1,- 21..1.....1) This Agreement is by and between the organization identified in the Quotation ( "Licensee ") and Environmental Systems Research Institute, Inc. ( "Esri "). This Agreement sets forth the terms for Licensee's use of Products and incorporates by reference (i) the Quotation and (ii) the License Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the License Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Licensee is located without reference to conflict of laws principles, and the USA federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Li s't of Prttt(im"(S Uncapped Quantities Desktop Software and Extensions ArcGIS for Desktop Advanced ArcGIS for Desktop Standard ArcGIS for Desktop Basic ArcGIS for Desktop Extensions: AreGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager for Desktop, ArcGIS Data Reviewer Server Software and Extensions ArcGIS for Server Workgroup and Enterprise (Advanced, Standard, and Basic) ArcGIS for Server Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager for Server, ArcGIS Image Extension for Server Developer Tools ArcGIS Engine ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, AreGIS Schematics AreGIS Runtime Standard ArcGIS Runtime Standard Extensions: AreGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Network Analyst Limited Quantities One ( I ) Annual Subscription to Esri Developer Network (EDN) Standard* One (1) Esri CityEngine Advanced Single Use License One (1) Esri CityEngine Advanced Concurrent Use License One (1) ArcGIS Online Subscription One (1) Portal for ArcGIS Subscription OTHER BENEFITS One (1) ArcGIS Online subscription with specified named users and credits as determined in the program description Level 4 One (I ) Portal for ArcGIS term subscription with specified named users as determined in the program description Level 4 Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested" 2 Virtual Campus Annual User License allowance 10,000 Five percent (5 %) discount on all individual commercially available instructor -led training classes at Esri facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package.) * Maintenance is not provided for these items. * *Additional sets of backup media may be purchased for a fee. Page I oP5 12.1 2015 CA.I Page 40 of 225 Licensee may accept this Agreement by signing and returning the whole Agreement with a sales quotation, purchase order, or other document ( "Ordering Document ") that matches the Quotation and references this Agreement, ADDITIONAL OR CONFLICTING TERMS IN LICENSEE'S ORDERING DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. Unless otherwise mutually agreed to, this Agreement is effective as of the date of the last signature on the signature page ( "Effective Date ") or, if no date is provided with the signature, the date of Esri's receipt of Licensee's Ordering Document incorporating this Agreement by reference, Term of Agreement: 3 years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Licensee) By; Authorized Signature Printed Name; Title: Date: Contact: Address: City, State, Postal Code; Country: Quotation Number (if applicable); 1AC;ENS:F E CONTACT INFORMATION Telephone: Fax: E -mail: — Page 2 of 5 12.1.2015 CA.I Page 41 of 225 �X)Md' 11 bIw, qt 1)i1'.A 1Y �',p N i() ,; M, In addition to the definitions provided in the License Agreement, the following definitions apply to this Agreement: "Deploy ", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Licensee's organization(s). "Fee" means the fee set forth in the Quotation "Incident" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "License Agreement" means (i) the applicable license agreement incorporated by this reference that is found at lit tp _'www.esri.coinilegya 1,'soft ware - license; composed of the General License Terms and Conditions (E204) and Exhibit 1. Scope of Use (E300); and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed license agreement between the parties that supersedes such electronically acknowled-ed license agreement. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Licensee during the term of this Agreement. "Product(s)" means the products identified in Table r1 List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Licensee. "Technical Support" means the technical assistance for attempting resolution of a reported Incident through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Licensee's point of contact(s) to provide all Tier 1 Support within Licensee's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Technical Support provided to the Tier 1 Help Desk when an Incident cannot be resolved through Tier I Support. Licensee will receive Tier 2 Support from Esri. LO .w_..... � )y ) u 4 �o�, �� C;i �, v a ()u I a i ( q,.,,t,! L t Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Licensee a personal, nonexclusive, nontransferable license solely to use. copy, and Deploy quantities of the Products listed in Table A —List of Products for the term provided on the first page (i) for the applicable Fee and (ii) in accordance with the License Agreement. 2, 2 Consultant Access. Esri grants Licensee the right to permit Licensee's consultants or contractors to use the Products exclusively for Licensee's benefit. Licensee will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Licensee. Access to or use of Products by consultants or contractors not exclusively for Licensee's benefit is prohibited. Licensee may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third - party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor Servers for the benefit of Licensee. 3,0 ------- m,N" �Nt) rv),N� 3.. i Term. The term of this Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified on the signature page, unless this Agreement is terminated earlier as provided herein. Licensee is only authorized to use Products during the term of this Agreement. For an Agreement with a limited term, Esri does not grant Licensee an indefinite or perpetual license to Products. t,2 No Use upon Agreement Expiration or Termination. All Product licenses and all Maintenance. Esri Virtual Campus access, and Esri User Conference registrations terminate on expiration or termination of this Agreement. 33 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will be given a period of thirty (30) days from the date of written notice to cure any material breach. t.4 Termination for Lack of Finds. For an Agreement with government or government -owned entities, either party may terminate this Agreement before any subsequent year if Licensee is unable to secure Page 3 of i L'. Lao 1 S CA.I Page 42 of 225 funding through the legislative or governing body's approval process. ..0p..._ _.. -1111, mo io ( I U vl ) \ I I �, .I„ R Future Updates. Esri reserves the right to update the list of Products in Table A —List of Products by providing written notice to Licensee. Licensee may continue to use all Products that have been Deployed, but Support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Licensee via written notice for incorporation into the Products schedule at no additional charge. Licensee's use of new or updated Products requires Licensee to adhere to applicable additional or revised terms and conditions of the License Agreement. 4 2 Product Life Cycle. During the term of this Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be Subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at ])ILIM. MUppurt.esri.u�urri- n ;contei7t prud�rctlilcyl�S. Updates for Products in the mature and retired phases may not be available. Licensee may continue to use Products already Deployed for the term of this Agreement, but Licensee will not be able to Deploy retired Products. The Fee includes standard maintenance benefits Specified in the most current applicable Esri Standard Maintenance Program document (found at h(tl7_ww�% Csr1.comi1eLml). At Esri's sole discretion, Esri may make patches, hot Fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Licensee may acquire maintenance for other Software outside this .Agreement. an FieIr I Sro q)poiN L Licensee will provide Tier 1 Support through the Tier- I Help Desk to all Licensee's authorized users. g. The Tier I Help Desk will be fully trained in the Products. I. At a minimum, Tier 1 Support will include those activities that assist the user in resolving how -to and operational questions as well as questions on installation and troubleshooting procedures. The Tier I Help Desk will be the initial points of contact for all questions and reporting of an Incident. The Tier I Help Desk will obtain a bill description of each reported Incident and the system configuration from the user. This may include obtaining anv customizations, code samples, or data involved in the Incident. The Tier 1 help Desk may also use any other information and databases that may be developed to satisfactorily resolve the Incident. 5 If the Tier I Help Desk cannot resolve the Incident. an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The Tier I Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Licensee. I), Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Licensee may change the Tier I Help Desk individuals by written notice to Esri. i . Tier 2 Support will log the calls received from Tier 1 Help Desk. 1, Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier I Help Desk when Tier 2 Support is required. .I, Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to supplement any preliminary information gathering or troubleshooting performed by Tier I Help Desk. 4, "Tier 2 Support will attempt to resolve the Incident submitted by Tier I Help Desk. A. When the Incident is resolved, Tier 2 Support will communicate the information to Tier I Help Desk, and Tier I Help Desk will disseminate the resolution to the user(s). ANIP 11� w,ot. w n This Agreement will not be construed or interpreted as an exclusive dealings agreement or Licensee's endorsement of Products. Either party may publicize the existence of this Agreement. Pa--e 4 of 5 12.1 2015 CA.I Page 43 of 225 (V........ °. ,Ilt "bNtl °.w,, >IIR %ItltI, I ".tl't,Ull 9ItFNH.`VPtl 7. w OEM Licenses, Under Est-i's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model. licensing terns and conditions, and pricing are independent of this Agreement. Licensee will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Licensee will not decouple Esri products or services from the OEM partners' application or service. 71 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration date of this Agreement, Licensee will provide Esri with a written report detailing all Deployments. Upon request, Licensee will provide records Sufficient to verify the accuracy of the annual report. 8 1 Orders, Delivery, and Deployment a� Licensee will issue an Ordering Document upon execution of this Agreement and annually thereafter in accordance with the Quotation. Payment will be due and payable within thirty (30) calendar days of the anniversary date of the Effective Date, with the initial payment due within thirty (30) calendar days of execution of this Agreement. Esri's federal ID number is 95 -2775 -732. la, Upon receipt of the initial Ordering Document from Licensee, Esri will authorize download of the Products to Licensee for Deployment. If requested, Esri will ship backup media to the ship -to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. For those entities that avoid sales tax by downloading deliverables. request for delivery or receipt of tangible media may cause the Fee to be subject to taxes. Licensee acknowledges that should such taxes become due. Esri has a right to invoice and Licensee will pay any such sales or use tax associated with its receipt of tangible media. c Esri will provide Authorization Codes to activate the nondestructive copy protection program that enables the Products to operate. ,8 2 Order Requirements o, All orders pertaining to this Agreement will be processed through Licensee's centralized point of contact. h, The following information will be included in each Ordering Document: ( I ) Licensee name: Esri customer number, if known; and bill -to and ship -to addresses (2) Order number (3) Applicable annual payment due U'QUISITIONS. OR If Licensee is a commercial entity, Licensee will notify Esri in writing in the event of (i) a consolidation, merger. or reorganization of Licensee with or into another corporation or entity: (ii) Licensee's acquisition of another entity: or (iii) a transfer or sale of all or part of Licensee's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change "). There will be no decrease in Fee as a result of any Ownership Change. 9, II If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a ne\v agreement. 4),1 If an Ownership Change results in transfer or sale of a portion of Licensee's organization, that portion of Licensee's organization will uninstall, remove, and destroy or transfer the Products to Licensee. 9,3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Licensee will require any successor entity to uninstall, remove, and destroy the Products, and this Agreement will terminate upon such Ownership Change. Page 5 ot'5 12.1 2015 CA.I Page 44 of 225 'Alu,BURN VVAS p � I N G "i'( AGENDA BILL APPROVAL FORM Administrative Recommendation: City Council adopt Ordinance No. 6586. Background Summary: Per Auburn City Code Chapter 20.06.130 and Section 3 B of existing Franchise Agreement No. 10 -23, Ordinance No. 6344, the Grantee may renew this Franchise for an additional five year period upon submission and approval of the application specified under ACC 20.06.130. New Cingular Wireless PCS, LLC has applied for renewal and correction to their existing Franchise Agreement to continue to operate within the City's rights of way a wireless telecommunications facility adjacent to 2604 Auburn Way North. The existing facilities consist of wireless telecommunications antennas mounted on top of a 94 foot 7 -inch Puget Sound Energy (PSE) pole and associated transmission equipment and conduit located in the City's right -of -way. During review of the application and existing Agreement it was determined that the location description for the coordinates of the facilities listed in Exhibit A of Ordinance No 6344 was incorrect. Correction to this exhibit to reflect the actual location of the facilities is required to correctly identify them in the agreement. The applicant is currently in compliance with all licensing, bonding and insurance requirements of the existing Franchise Agreement and Auburn City Code. Any future changes to the facilities would be managed through the City's permitting processes that are a requirement of the existing Franchise Agreement. Approval of Ordinance No.6586 would renew Franchise Agreement No. 10 -23 for an additional five years from the effective date of Ordinance No. 6586 and correct the location description in Exhibit A of the Agreement. Reviewed by Council Committees: ORD.A AUBURN * MORE THAN YOU IMAGINED Page 45 of 225 Councilmember: Meeting Date: Staff: Snyder March 21, 2016 Item Number: ORD.A ORD.A AUBURN * MORE THAN YOU IMAGINED Page 46 of 225 ORDINANCE NO. 6586 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE RENEWAL OF FRANCHISE AGREEMENT NO. 10 -23 AND AMENDMENT OF ORDINANCE NO. 6344 WITH NEW CINGULAR WIRELESS PCS, LLC WHEREAS, On February 22, 2011, the City Council adopted Ordinance No. 6344, granting a wireless communications franchise to New Cingular Wireless PCS, LLC ( "Grantee "); and, WHEREAS, the coordinates for the location of the wireless facilities are inaccurately listed in Exhibit A of the franchise agreement, No. 10 -23; and WHEREAS, New Cingular Wireless PCS, LLC wishes to renew Franchise Agreement No.10 -23 for an additional five year term and correct the facilities location description; and WHEREAS, following proper notice, the City Council held a public hearing on the Grantee's request for renewal and correction of the facilities location description of Franchise Agreement No. 10 -23, 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, based upon the foregoing recital clauses and from information presented at such public hearing and from facts and circumstances developed or discovered through independent study and investigation, the City Council in Compliance with RCW 35.99 now deems it appropriate and in the best Ordinance No. 6586 Franchise Agreement No. 10 -23, Renewal January 25, 2016 Page 1 of 5 ORD.A Page 47 of 225 interest of the City and its inhabitants that the renewal and correction of Franchise Agreement No. 10 -23 be granted to the Grantee. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Subject to the conditions set forth in this Ordinance, the City approves Grantee's application for renewal for one five -year period as provided for in Section 3 B of Ordinance No. 6344, Franchise Agreement No. 10 -23, a copy of which is attached hereto and marked as Exhibit A. Such five -year renewal period shall commence on the effective date of this Ordinance. Section 2. Exhibit A of Ordinance No. 6344 is amended and hereby replaced with Exhibit A, attached hereto, and a new Exhibit C -1 is added as an Exhibit to Ordinance No. 6344, which additional Exhibit is also attached hereto. Section 3. All other provisions of Ordinance No. 6344 shall remain unchanged and in full force and effect. 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. 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 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 6. 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. Ordinance No. 6586 Franchise Agreement No. 10 -23, Renewal January 25, 2016 Page 2 of 5 ORD.A Page 48 of 225 FIRST READING- SECOND READING- PASSED- APPROVED- NANCY BACKUS, MAYOR ATTEST- Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Published: Ordinance No. 6586 Franchise Agreement No. 10 -23, Renewal January 25, 2016 Page 3 of 5 ORD.A Page 49 of 225 Ordinance No. 6586 Franchise Agreement No 10 -23, Renewal oRtyr .Aary 25, 2015 Page 4 of 5 Page 50 of 225 EXHIBIT "C -1" STATEMENT OF ACCEPTANCE New Cingular Wireless PCS, LLC, for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise Agreement, Ordinance No. 6344, attached hereto and incorporated herein by this reference as amended by Ordinance No. 6586. NEW CINGULAR WIRELESS PCS, LLC A Delaware limited liability company By: AT &T Mobility Corporation Its: Manager By: Date- Name- Title- STATE OF ) )ss. COUNTY OF ) On this day of , 20 , 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. 6586 Franchise Agreement No. 10 -23, Renewal January 25, 2016 Page 5 of 5 ORD.A Page 51 of 225 Exhibit A ORDINANCE NO. 6344 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, -WASHINGTON, GRANTING TO NEW CINGULAR WIRELESS PCS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, A FRANCHISE FOR A WIRELESS COMMUNICATION SERVICE PROVIDER WHEREAS, New Cingular Wireless PCS, LLC ( "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, upon, 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 specified in Exhibit "A," attached hereto and incorporated by reference (the "Franchise Area ".). B. The Grantee is authorized to install, remove, construct, erect, operate, maintain, relocate and repair the types of facilities specked in Exhibit "B;" attached hereto and incorporated by -reference, and 7all necessary appurtenances thereto, ( "Grantee Facilities ") for provision of those services set forth in Exhibit "B" ( "Grantee Services ") in, along, under.and across the Franchise Area. C. This Franchise does 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, Ordinance No. 6344 Franchise Agreement #10-23 December 6, 2010 Page 1 of 15 ORD.A Page 52 of 225 including Grantee Facilities and Grantee Services, on public or private property elsewhere within the City. 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: City Engineer City of Auburn 25 West Main Street 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 Ordinance No. 6344 Franchise Agreement #10 =23 December 6, 2010 Page 2 of 15 ORD.A Page 53 of 225 Grantee: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site # WA416 Cell Site Name: Christopher Fixed Asset #: 10013466 12555 Cingular Way, Suite 1300 Alpharetta, GA 30004 With copy to: New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site # WA416 Cell Site Name: Christopher . Fixed Asset #: 10013466 (Ii.s. Mail) P.O. Box 97061 Redmond, WA 98073 -9761 (overnight courier) 16331 NE 72nd Way, RTC 1 Redmond, WA 98052 A copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. Either party hereto may change the place for the giving of notice to it by thirty (30) days' prior written notice to the other. B. Any changes to the above - stated Grantee information shall be sent to the City's Right -of -Way Manager, -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 Ordinance No. 6344 Franchise Agreement #10 -23 December 6, 2010 Page 3 of 15 -ORD.A Page 54 of 225 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 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 "C," 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. Ordinance No. 6344 Franchise Agreement #10 -23 December 6, -2010 Page 4 of 15 ORD.A Page 55 of 225 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, said agreement.will automatically terminate and shall be null and void. Section 6. Construction and Maintenance X The Grantee shall apply for, obtain, and comply with the terms of all permits required under ACC Chapter 12.24 for any work done upon Grantee Facilities. 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 Right -of -Way Manager in writing as promptly as possible, before such repair or emergency work commences, or as soon Ordinance No. 6344 Franchise Agreement #10 -23 December 6, 2010 Page 5 of 15 ORD.A Page 56 of 225 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. Section 8. Damages to City and Third -Party Property Grantee agrees that should 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 facilities and ten (10) feet from above- ground City water facilities; provided, that for development of new areas, the City, together with Grantee and other utility purveyors or authorized users of the Pubic Way, will develop and follow the Public Works Director's determination of a consensus for guidelines and procedures for determining specific utility locations, subject additionally to this agreement and to a Franchise agreement, should one become necessary. Section 10. Grantee Information A. Grantee agrees to supply, at no cost to the City, any information reasonably requested of the City Right -of -Way Manager 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 Ordinance No. 6344 Franchise .Agreement #10 -23 December 6, 2010 Page 6 of 15 ORD.A Page 57 of 225 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 and /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 Right -of -Way Manager 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 parties agree . to work together to avoid disclosures of information which would result in economic loss or damage to Grantee because of mandatory disclosure requirements to third persons. Grantee shall indemnify and hold harmless the City for any loss or liability for costs for attorneys fees because of non - disclosures requested by Grantee under Washington's open public records law, provided reasonable notice and opportunity to defend was given to Grantee or Grantee is made aware of the pending of a request or claim. 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 Ordinance No. 6344 Franchise Agreement #10 -23 December 6, 2010 Page 7 of 15 ORD.A Page 58 of 225 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. 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 [RCW 35.99 is applicable to telecommunications and cable N franchises remove citation for other franchisees]. Where other utilities are present and involved in the undergrounding project, Grantee shall only be required to pay its fair share of common costs bome 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. 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 - party costs, claims, injuries, damages, losses, suits, or liabilities based on the City's failure or inability to provide such services. Ordinance No. 6344 Franchise Agreement #10 -23 December 6, 2010 Page 8 of 15 ORD.A Page 59 of 225 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 indemnfication. 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 combined single limit for bodily injury and property damage of $1,000,000 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 of $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. Coverage shall be written on ISO occurrence form CG 00 01 or equivalent 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. 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 included 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 - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Professional Liability insurance with limits of $1,000,000 per claim, or wrongful act and in. the, aggregate for all professionals employed or retained by Grantee to perform services under this Franchise. Ordinance No. 6344 Franchise Agreement #10 -23 December 6, 2010 Page 9 of 15 ORD.A Page 60 of 225 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 either party except after thirty (30) days' prior written notice by mail has been given to 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 minus:Vll. 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 the Consultant 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. Section 16. Performance Security The Grantee shall provide the City with a financial guarantee in the amount of Fifty Thousand Dollars ($50,000) 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 Ordinance No. 6344 Franchise Agreement #10 -23 December 6, 2010 Page 10 of 15 ORD.A Page 61 of 225 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 consent of the City by ordinance, which approval shall not be, unreasonably withheld. 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 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, Ordinance No. 6344 Franchise Agreement #10 -23 December 6, 2010 Page 11 of 15 ORD.A Page 62. of 225 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 Including Termination 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 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 Ordinance No. 6344 Franchise Agreement #10 -23 December 6, 2010 Page 12 of 15 ORD.A Page 63 of 225 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. 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 Ordinance No. 6344 Franchise Agreement #10 -23 December 6, 2010 Page 13 of 15 ORD.A Page 64 of 225 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: FEB. 2 2011 PASSED: - APPROVED: M 22 2DII PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk PublishedAZ)C?s , Zo c i Ordinance No. 6344 Franchise Agreement #10 -23 December 6, 2010 Page 14 of 15 ORD.A Page 65 of 225 i L ,arquest uio Parts C= shaws; ida NE H.inshaws Honda 26TH ST NE z Auburn RV z M Ranchise Agreement #10-23 X 0. 100, New Oingular Wireless PCS, LLC PMMG;;2MMM" Ordinance No. 6344 + SCALE:1"=100' WASHINGTON. Exhibit "A" W0222-2B ORDA Page 66 of 225 Toyota Dealership z Washington State < Works'oUrce New Cingular Wireless z Franchise Agreement #10-23 CO Franchise Area ❑ :) . 10 ft radius centered on the . < coordinates ' Latitude 47-19-09AN Longitude 122-15-45AW Les Schwab Tires 26TH ST NE z Auburn RV z M Ranchise Agreement #10-23 X 0. 100, New Oingular Wireless PCS, LLC PMMG;;2MMM" Ordinance No. 6344 + SCALE:1"=100' WASHINGTON. Exhibit "A" W0222-2B ORDA Page 66 of 225 Grantee Facilities and Services ty providing Cell .Tower Faci U wireless communications services by antennas, RE frequency and associated ground equipment. Coverage intended for the Auburn Way North -commercial areas and adjacent Odin Ites. t. Franchise Agreement #10-23 New Cingular Wireless PCS, LLC. Ordinance No. 6344 Exhibit"B" W0222-2C ORDA Page 67 of 225 EXHIBIT °C" STATEMENT OF ACCEPTANCE New Cingular Wireless PCS, LLC, for itself, its successors and assigns, hereby, accepts and agrees to'be bound by all lawful terms, conditions and provisions of the Franchise attached heretd and incorporated herein by this reference. NEW CINGULAR WIRELESS PCS, LLC. A Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Name- ;,U a!-,Lv Title: STATE OF )ss. COUNTY OF Date: 5. - 17- L( On this _L17 day of —M O-ACA , 2010, ' before me, the undersigned, a Notary Public in and for the State of ve- , duly commissioned and sworn, personally appeared, .. of a ink P( " mpany that executed the within an oregoing i strument, 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 OFFICIAL SEAL PATRICIA J HUNTER N TARY PUBLIC in and for the Stat of NOTAR Y PUBLIC- OREGON residing at �� - COMISSION NO.449 14 MY CpMMISSION PIRES JUNE MY COMMISSION EXPIRES:, Ordnance No. xxxx DATE Page 15 of 15 Page 68 of.225 'Alu,BURN VVAS p � I N G "i'( Agenda Subject: Ordinance No. 6589, Second Reading Department: Community Development and Public Works AGENDA BILL APPROVAL FORM Attachments: Ordinance 11o. 668b Exhibit Administrative Recommendation: City Council adopt Ordinance No. 6589. Background Summary: Date: March 15, 2016 Budget Impact: $0 Nick Abdelnour, representing Peasley Canyon Homes, LLC, has made application for the Final Plat of "Canyon Creek at Peasley — Division 1" (originally known as "Auburn Assemblage "); located on the south side of 321st St. S, between 46th PI. S. and 51st Ave. S., in the "West Hill" area of the City, see Exhibit 1. This Final Plat is the first of two phases subdividing approximately 34.35 acres into 154 single - family residential lots; this phase ( "Division 1 ") subdivides approximately 23.61 -acres into 77 single - family residential lots, one tract for stormwater, two tracts for the future development of the second phase, four tracts for access and utilities, six tracts for HOA maintained open spaces, two tracts for future conveyance to adjoining property owners, and dedication of public right -of -way, see Exhibit 2. The preliminary plat was approved by the City of Auburn Hearing Examiner on July 15, 2014 (PLT13 -0006) with 33 conditions; see Exhibit 3. The plat has been developed in accordance with the R -7 Residential zoning district as defined by Chapter 18.07 ACC (Residential Zones), Title 17 ACC (Land Adjustments and Division), Chapters 58.17 and 35A.58 RCW, and the applicable conditions of the preliminary plat approval. A Certificate of Improvements has been issued by the City Engineer, accepting completion of all required plat improvements; except the following items which the Developer has bonded for (see Exhibit 4): ORD.B AUBURN * MORE THAN YOU IMAGINED Page 69 of 225 1. On- site: final lift of asphalt, adjustment of utility castings to grade and installation of monuments; and, 2. Off -site: final lift of asphalt, adjustment of utility castings to grade and installation of monuments. The various divisions of the Community Development and Public Works Department have reviewed the Final Plat Map of Canyon Creek at Peasley — Division 1 and find that all requirements have been met. Reviewed by Council Committees: Other: CD &PW, Bld., Legal, Fire, & Surveying Councilmember: Staff: Snyder Meeting Date: March 21, 2016 Item Number: ORD. B ORD.B AUBURN * MORE THAN YOU IMAGINED Page 70 of 225 ORDINANCE NO. 6 5 8 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF CANYON CREEK AT PEASLEY — DIVISION 1 WHEREAS, the City of Auburn received a final plat application for the Plat of Canyon Creek at Peasley — Division 1, Application No. PLT15 -0002, the final approval of which is appropriate for City Council Action; 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. Peasley Canyon Homes, LLC has made application for the Final Plat of "Canyon Creek at Peasley — Division 1 ". 2, The Preliminary Plat of "Canyon Creek at Peasley" (PLT13 -0006) [originally known as "Auburn Assemblage "] was approved by the City's Hearing Examiner on July 15, 2014, as a single phase. 3. The Plat of "Canyon Creek at Peasley" will be developed in two phases with "Canyon Creek at Peasley — Division 1" being the first phase. 4. The Plat of "Canyon Creek at Peasley — Division 1" has been developed in accordance with all applicable conditions of the Preliminary Plat. 5. 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 final lift of asphalt, and sod installation and Roundup application. 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. 2. The Final Plat of "Canyon Creek at Peasley — Division 1" is consistent with the Comprehensive Plan. 3. The Plat meets the requirements of Chapter 58.17 RCW. Ordinance No. 6589 March 9, 2016 Page 1 of 1 ORD.B Page 71 of 225 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Approval. Canyon Creek at Peasley — Division 1, a subdivision involving property located within the City of Auburn, Washington, which plat is legally described on Sheet 1 of 11 of the Final Plat and set forth below: PARCEL A THE EAST 330 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, IN SECTION 15, TOWNSHIP 21 NORTH RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. PARCEL B THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE WEST 12 FEET OF THE NORTH HALF OF THE SOUTH HALF OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER IN SECTION 15, TOWNSHIP 21 NORTH RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION LYING NORTH OF THE SOUTH LINE OF SOUTH 321 ST STREET; AND EXCEPT THAT PART IN ROADS. PARCEL C THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 21 NORTH RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 12 FEET THEREOF; AND EXCEPT THE EAST 285 FEET THEREOF; AND EXCEPT THAT PORTION IN 46TH PLACE SOUTH (KNICKERBACKER ROAD). --------------- - Ordinance No. 6589 March 9, 2016 ORD.ga,e 2 of 2 Page 72 of 225 PARCEL D THE SOUTH 20 FEET OF THE WEST 105 FEET OF THE EAST 135 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTH 30 FEET OF THE WEST 150 FEET OF THE EAST 285 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER ALL IN SECTION 15, TOWNSHIP 21 NORTH RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. PARCEL E THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 21 NORTH RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 165 FEET OF THE EAST 357.49 FEET THEREOF. PARCEL F LOT 1 OF KING COUNTY SHORT PLAT 1280053R RECORDED SEPTEMBER 23, 1986 UNDER RECORDING NO. 8609230856, IN KING COUNTY, WASHINGTON. TOGETHER WITH THAT PORTION OF SOUTH 324TH STREET ADJOINING, WHICH ATTACHED BY OPERATION OF LAW PURSUANT TO CITY OF AUBURN ORDINANCE 6509 RECORDED UNDER RECORDING NUMBER 20151022000245. PARCEL G LOT 2 OF KING COUNTY SHORT PLAT 1280053R RECORDED SEPTEMBER 23, 1986 UNDER RECORDING NO. 8609230856, IN KING COUNTY, WASHINGTON. TOGETHER WITH THAT PORTION OF SOUTH 324TH STREET ADJOINING, WHICH ATTACHED BY OPERATION OF LAW PURSUANT TO CITY OF AUBURN ORDINANCE 6509 RECORDED UNDER RECORDING NUMBER 20151022000245. PARCEL H LOT 3 OF KING COUNTY SHORT PLAT NUMBER 1280053R RECORDED SEPTEMBER 23, 1986 UNDER RECORDING NUMBER 8609230856, IN KING COUNTY, WASHINGTON. PARCELI Ordinance No. 6589 eMarch 9, 2016 ORD.I3a9e 3 of 3 Page 73 of 225 LOT 2 OF KING COUNTY SHORT PLAT NUMBER 387019 RECORDED MAY 24, 1988 UNDER RECORDING NUMBER 8805240164, IN KING COUNTY, WASHINGTON. TOGETHER WITH THAT PORTION OF SOUTH 324TH STREET ADJOINING, WHICH ATTACHED BY OPERATION OF LAW PURSUANT TO CITY OF AUBURN ORDINANCE 6509 RECORDED UNDER RECORDING NUMBER 20151022000245. [King County Tax Parcel Nos. 152104 -9017, 152104 -9157, 152104- 9019, 152104 -9020, 152104 -9001, 926280 -0201, 926280 -0203, 926280 -0194, 926280-0271] 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. --------------- - Ordinance No. 6589 March 9, 2016 ORD. gage 4 of 4 Page 74 of 225 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 S. 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. FIRST READING: SECOND READING: PASSED: APPROVED: CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk Published: Ordinance No. 6589 March 9, 2016 ORD.g,ge 5 of 5 Page 75 of 225 Vicinity Map - Canyon Creek at Peasley Division 1 r 3 p 691 T IV II Plat Location 117 XX I 'N + "6V 1911�'ll rJ'4� V IP,N prryl 'will li... Ni A II f�4 14. rl ..I Printed Date:3/9/2016 N Map Created by City of Auburn eGIS Information shown is for general reference purposes only and does not necessarily W E represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. S a ucll ,,q" ri. 117 XX I 'N + "6V 1911�'ll rJ'4� V IP,N prryl 'will li... Ni A II f�4 14. rl ..I Printed Date:3/9/2016 N Map Created by City of Auburn eGIS Information shown is for general reference purposes only and does not necessarily W E represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. S Printed Date:3/9/2016 N Map Created by City of Auburn eGIS Information shown is for general reference purposes only and does not necessarily W E represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. S CANYON CREEK AT PEASLEY - DIVISION I SHEET 1 OF AA A PORTION OF THE NE 1/4, NE 1/4 AND SE 1/4, NE 1/4 OF SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM. CITY OF AUBURN, KING COUNTY, WASHINGTON LEGAL DESCRIPTION Pnem n THE FAST 5111 ITT OF ME SATH HALF OR ME SOUTHWEST WARIER OF THE NORTHEAST QUARTER OF ME WG M WANTP, IN 4CTW I5, TOMSHIP 21 NORM, RANGE 4 EASE, WM, IN KING COUNTY, WASHINGTON PARCEL B ME GE ME xUPTHFA51 OUMMR OR THE NONTIEAST OUMIER ONO ME NEST 12 FEET OF ME NORM HALF OF THE SW M HALF Cl EAR NAREASI WARIER O ME NORRCASi WARIER IN SECTOR 15, IOWH911P 21 NOIITH, RANGE 4 EAST. WM, IN KING COUNTY . WASHINGTON, LXLEPT THAT P[RTW LANG NORTH OF Ml SDUM LIFE OF SWTI 121ST STREET, PART AND EXERT THAT ME NUNN HALF OF THE SWM HALF OF ME NWTHEASI CHARTER OF ME NORTHEAST AMTEH M 3CTIW 15, TOMNSNIP 21 NORM. RANGE 4 EXCEPT ME NEST 12 FEET THEREOF. MD EXCEPT ME EAST 285 MET THEREOF. AND EXCEPT THAT PENTON IN ON PUCE SOUTH (MIGNEREDCKER R041 PATE-C. FEET O ME NEST 105 FEET O THE LAST 135 FEET OR ME NORM HALF OR ME WUR HALF OR ME 1ORMEAST CLARTER OF TH[ NORTIEFST W MW AND ME KATE 30 FEET OR ME REST ISO MET OF ME EAST 285 MIT OR THE NORM HALF O ME SOUTH HALF CF ME NORRMEMT WARIER OF ME NGHMEAST WMTER All IN SECTION 15, FOYNUSHIP 21 NORM, RANGE I FAST, WM, IN KING COUNTY, WASHINGTON EBRCELL ME SOUTH HNF OF ME SOUTHEAST WMTFR O ME NORTHEAST QUARTER OF THE NORMEAST WARIER BE YCRA IN TONNSTP 21 NORM, RAN. 4 FAST, WIULETM NEAIDIM, IN KING COUNTY, WASUNGTW, EXCEPT ME MORM 165 FEET OF ME EAST 35799 MET THEREOF FARCE F LOT I OF KING COUNTY SHORT PLAT 12803538 RECURCED S PIFJ.IBER 23, 1986 JNOER RECWONG NO 86N2'A856, IN KING COUNTY. WASHINGTON, TDDEMEP MM MAT PORTION OF SEEN 324TH STREET AD INC. WHICH ATTACHED BY GEERATA OR LAW WRSUANT TO Ott OF AUBIHN WMNANR 6509 RECWIED UNDER RECORDING NUMBER 20151022MK1245 PARCEL G LOT 2 OR KING WUN Y SHORT PAT 12800538 RECORDED SEPTEMBER 23, IND UNOR RECORDING NO. B6U923M5 . IN KING COUNTY, WASHINGTON TENDERER WIN MAT PORTION OR EAM M4M STREET ADADRU ,, WADI ATTACHED BY OPIT TA BE LAW PURSUANT TO OTY O AUBURN WONANCE 6509 REGORGED UNDER RECORDING NUMBER 2M5I022W0245 PMLf1 N LOT 3 OR KING COUNT' SHORT PUT NUMBER 12BASX RECCROED SEPTEMBER 23 1986 UNDER RECO11— NUMBER INGS -55, IN KING GOLD. WA9INCTA PAREL LOT 2 OR KING COUNTY SHORT PLAT NUMBER M7019 RECWVOED MAY 24. 19M UNDER RECORDING NUMBER 8605240164. IN MNG COUNTY, WASHINGTON TODERER WTH MAT PATH OR SOUTH MAN STREET MJOIwNG. W IGN ATTAINED BY OPERATA OR LAW RURAANT TO OHM OF AL INN CRONANCE 65M RECORDED UNDER RECORDING NUMBER 20151022MO215 DEDICATION KNDW L PEOPLE BY THESE PRESENTS THAT WE ME UNDERSIGNED OWNERS OF INTEREST IN ME LAND HEREBY AND DID ITE HEREBY DECLARE MIS PLAT TO BE ME GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND 00 HEREBY DEDICATE TO THE USE OF THE PUBLIC FOREVER, ALL STREETS AND AVENUES NOT SHOWN AS PRINAAHE HEREON AND DEDICATE THE U BJC PURPOSES NOT INCONSISTENT W THE S THEREOF FOR PUBLIC HIGHWAY PURPOSES. ANOE ALSO ME RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND ON ME LOTS SHOWN THEREON IN ME ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES, AND FURTHER DEDICATE TO NE USE IX THE PUBLIC ALL EASEMENTS AND MACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO PARKS, OPEN SPACES, UTILITIES AND EASEMEnTS OR TR TFTED O DEDICATED ORACONYETEO TO A PERSON OR ENTITY CMER SMAN ME PUBLIC. IN WHICH CASE WESDOL HEREBY DEDICATE SUCH STREETS. EA[EMENT[. OR TRACTS TO ME PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSES STATED FURTHER, THE UNDERSIGNED OWNERS OF ME LAND HEREBY SUBDIVIDED, WAIVE FOR THEMSELVES, THEIR HEIRS AND 01 ENTITY OERIWNG T1 NDERS1.1 An AGAINST TH E CITY OFRAUBURV, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED LBY ME ESTABLISHMENT, x, OR MAINTENANCE OF RO ND/OR AGE SYSTEMS WTHIN THIS SUBDIVISION OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE ByRTHE OTY OF AUBURN FURTHER. THE UNDERSGNED OWNERS CF THE LAID HEREBY SURDIWOED, AGREE FOR 1HEM5ELVE5, TEIR HEIRS AND ASSIGNS TO INDEMNIFY AND HOLD ME CITY OF AUBURN, ITS SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY GAMAII OEFEUSE, CLAMED BY PERSONS WHIN OR BEEN CAUSEOUBY ALTERATIONS OF ME GROUND SURFACE. VEGETATION, DRAINAGE, OOR SURFACE OR SUB- SURFACE WATER FLOWS WNIN THIS SUBDIMSICN OR BY ESTABLISHMENT. CONSTMCMM OR MAINTENANCE OF THE ROADS WITHIN THIS SUBDIVISION PROVIDED, THIS WAVER AND NDENNINCATON SHALL NOT BE CONSTRUED Al H LLASING THE CITY OF AUBURN. IT SUCCESSORS OR ASSIGNS, FROM UABIUTY FOR DAMAGES. INCLUDING ME COST OF RESULTING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF ME CITY OF AUBURN, ITS SUCCESSORS OR ASSIGNS IS SUBDIVISION, DEDICATION, WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE YOM THE FREE CONSENT AND IN ACCORDANCE MM ME DESIRES OF SAID OWNERS IN WINESS WHEREOF, WE SET OUR HANDS AND SEALS THIS __ DATE OF CDCG 3 MIT LP, A DELAWARE UMIMD PARTNERSHIP BY STEVEN S. BCNSON THC GAGER OF COCG ASSET MANAGEMENT, DEC. AN ARIZONA LIMITED LIABILITY COMPANY. THE AAUTHORIZED AGENT OF GNDTMERS WI LP DELAWARE LIMITED REPRESENTATNE ACKNOWLEDGEMENTS .,TALE OF ARIZONA ) Ss COUNTY OF ) T 11 " S BENSON, ME M NAGCR DIE GOOD ASSET EMENT, LL LIABILITY COMPANY, THE 011210 AG F CO. 3 KIT LP, CA DELAWARE UNI ED PARTNERSHIP. FOR AND ON A BEHALF THEIR- 11 O MY COMMISSION EXPIRES CTTY OF AUBURN FILE NO. PLAT 15 -0002 FINANCE DIRECTOR'S CERTIFICATION I HEREBY CERTIFY THAT THERE ARE NO OELINOUENT SPECIAL ASSESSMENTS FOR WHICH THE PROPERTY SUBJECT 70 THIS SUBOTM MAY BE LIABLE TO ME CITY, AMC THAT ALL SPECIAL ASSESSMENTS ON ANT PROPERTY HEREIN CONTAINECO EDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE HAVE BEEN DULY PAID, SATISFIED OR CITY ENGINEER CERTIFICATE AT THIC ICATE OF IMPROVEMENTS I.E. PUNWANTCTO AGO 1711015 AND IS P CONSISTENT WTUHALL APPLICABLE CITY IMPROVEMENT STANDARDS AND REQUIREMENTS N FORCE ON THE DATE OF PRELIMINARY >LAT APPPOVAL THIS DAY OF 20_ ALMUMN CITY El- PLANNING DIRECTOR CERTIFICATE I HEREBY CERTIFY ON THIS DAY OF 20� MAT THIS FINAL PLAT IS IN SUBSTANTIAL CONFORMANCE W 1CH PRELIMINARY PLAT WAS APPROVED BY RESOLUTONYNO A4118 ON THE 20TH DAY OF DECEMBER 30W, U. APPROVAL EXAMINED AND APPROVED THIS _ DAY OF 20— .AYER DATE FINANCE DIVISION CERTIFICATE I HEREBY CERTIFY THAT ILL PROPERTY TAXES ARE PAID. MAT MERE ME NO DELINQUENT SPECIAL ASSESSMENTS GERTFED TO IS OFFICE FOR COLLECTION, AND THAT ALL 5 CIA SSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON AN OF THE PROPERTY HEREIN CONTAINED DEC TELL SHEETS, ALLEYS OR FOR OTHER PUBLIC USF ARF PAID N FULL THIS DAY OF 20� MANAGER LEE- ASSESSOR'S APPROVAL EXAMINE AND APPROVED MIS _DAY OF 20� ESSER IN KING COUNTY PARCEL NOS 152104 -9017, 152104 - 9157,152104 -9019, 152104 -9020, 152104 -9001, 926280 -0201, 926290 -0203. 926280 -0194, 026280 -0271 THE SCATH 324M STREET CORRIDOR VACATED BY CITY OF AUBURN ORDINANCE 6509 RECORDED UNDER RECORDING NUMBER 20151022000245, RECORDS OF THING COUNTY, WASHINGTON CONTAINS LANGUAGE STATING THAT ME ROAD VACATION TAKES EFFECT UPON ME RECORDATION WIN KING COUNTY OF ME FINAL PLAT.ASSOCIATED WN PRELIMINARY LT13 -0006 (AUBURN ASSEMBLAGE), IN AOJUSTMENTSPAND DIVISIONS, AS LONG AS THE FINAL PUT CONTAINS AAOEDICATIRI OF HIGHT- OFAWAY PROWOING ON PARALLEL AND EQUIVALENT TO THE VACATED CORRIDOR- THE NEW SOUTH 324TH STREET CORRIDOR BEING DEDICATED BY THIS FINAL PLAT OF CANYON CREEK AT PEASLEY - ENSIGN 1 MEETS THE CONDITIONS STEPULATED IN Ott OF AUBIARN ORDINANCE 6509. LAND SURVEYOR'S CERTIFICATE THE PL N ACTUAL C.- 1 AND RSUBOVISIOVYBFH SEC 110N 15,Ti0WNSXIP 21 NOFM.ARANGE 4 CAST. W.M. TEAS REQUIRED BY STATE STATUTES, THE O16inuCES, CO EREOU CORRECLY. THAT ME MONUMENTS I.A. BE SET LAND LOT AND BLOCK UCORNERSESHALL BEASTANED CORRECTLY ON'ME GROUND, THAT I NLLY COMPLIED WM THE PROVISIONS OF THE STATE AND LOCAL SIAMTES AND REGULATIONS GOVERNING PLATTING p A PgOW PROFESSIONAL LAND SURVEYOR CERTIFICATE NO 4,021 CORE DESIGN NC_ ,IOM 14711 ME 29M PL., SUITE 101 BELLEVUE, WA 98007 (425) 865 -7877 GMROURCHSF HUCCO T °A'AL LAMA RECORDING CERTIFICATE ATFpF CG 3 — MI5 - DAY OF —. 20___ MINUTES PAST HE RE ME AND RECORDED IN VOLUME ______ OR PLATS, PAGE(S) AFN _______ RECORDS OF KING COUNTY, WASHINGTON, CITY OF AUBURN FILE NO. PLAT 15 -0002 ENGINEERING • PLANNING • SURVEYING JOB NO. 13045 ORD.B Page 77 of 225 I N.E. 291W PI S EE 11111 Co 811711 e, 98 07 O 9800] /DESIGN 425.885.7877 FPA 425.885.7963 ENGINEERING • PLANNING • SURVEYING JOB NO. 13045 ORD.B Page 77 of 225 CANYON CREEK AT PEASLEY - DIVISION I SHEET OF 11 A PORTION OF THE NE 1/4, NE 1/4 ANC SE 1/4, NE 1/4 OF SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST. WM CITY OF AUBURN, KING COUNTY, 'WASHINGTON RESTRICTIONS OF RECORD INC . ECRONC MATTERS O flECOVO MERE IMEx FAUN FIgSI AN[RICA! HILL NSIgAN0. COMPANY, SREWL[ B. WARnry RE NO 1191fi51, DARO OCIWCR 2fi, GEMS I CT TO FACUTY CHARGES, IF WY NGUU— BUT x01 UNITED 10 HCOK -UP, ON COMI.— CHARGES MHO UTECIWR DNA,Q5 RS SARA, MARY AND PUBUC FAOUTIS OP AS WS(YOSED BY WSIRUME415 RECLINED UNDER RECORDRNG NUMBERS 1001111WDDB05, 89l —CH, AND 8106010918 .1 STOW HE.. 2 REMOVED N SRREMRIA RWRT N0. 3 ,, BEMO.LD N SU,NDK TAL BOPR1 NO 3 4 RFMG'.[D N SUPPLEMRIIL flMglT NO 3 5 IN 5 9B IS SUILECI N AN USLMINI. INFULT ND RHAS AND MOINONS CNIANSD THERM FR REAETS AHD OURISS AS RCONER UNDER gCCROMG NUMBER 5851131 AFFECTS PAP(fl A, NOT SNVm. THE [AS[MENT IS BLANKET IN NATNE, 6 MIS SEE S SHALT 10 COVENANTS COBInONS AADJOR RF5TRICT0AS CONTAINED IN ME FDELOWNC NSMUMENT RECORDED UNDER RECORDING NUMBER 5851232 AFFECTS PARCEL A NOT SHOW, ME DESERPIION 15 NSUFRDIN 10 TERMINI ITS EXACT LOC.ATON 7. THIS STE C SUBJECT 10 ME RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS FOR COUNTY OF NINE AS GRANTED BY OLEO RECROED UNDEP RECORDING NUMBER 710190533 ARTCTS PARCEL B NOT JNeN, ME DESRIPTON IS INWO'IOEAT TO DETERMINE US EXACT LOCATION B MIS SI 6 SLOECT TO ME PONT 10 MAKE NECESSARY ROPES FR CUTS R DLLs ER COUNTY OF KING AS GRANIED BY D[ED RECOIOED UNDEP RECONING NUMBER 7UOtVUON6 AFFECTS PARCEL B NOT S10W, ME GESR]PTION IS INSRICIENI 10 DETERMINE ITS 9 THE AMBIENT AND ME IRONS AND CONGITIONS — BETWEEN REMAIN HOMER AND LCBAN. MS VR AND MATER C CTTNO 121 AS RECORDED) UNDER REG)NONG VARIER 7 3 0 9 21413 AFFECTS PARCL B O IN4IAING ME RAMS AID MATS NS MONK N FASTS M NTT SOUND ENERGY, INC A OAS DEW`RATIOx TOP DUE PC TRANsussi 1 AA9/DR DISTRIBUTOR S.. As NE— INNER RECONONG NUUEER 77011MIGHM. AFFECTS I— L ME CMTDANC BF SAID 1-WCAT IS SHOW HERESM. SEE SHEET e II, MIS SITE IS WBECT TO W1 ANT AL CRIERS O OEN IIM, CO9PONS RESMICTUNS EASEMENTS, FOR. UVE/BWNGARY DISCRPANpES, NOTES AND /R PR AMSORS SHOW OR MIS BY ME COINIY SHORT RAT 12110 R RECORDED UNDER RECRTINC NUMBER 86091]0956 AFFECTS PARCELS F G AND H NOT PUMABU RESTV IRING ARE CONTAINED MMIN SAN INSTRUMENT 12, MIS 9R IS SUBJECT TO AN _ASEMENI, INCLUDING TERMS MIS PROWSONS COTANED THEREIN IN FAVOR OF PUGI SAND ENERGY, INC, A ANY /R DISTRIBUTOR SYSTEM AS PECOROCID INER RECOREAC NUMBER 8709121106 CAREETS PARCEL IELLSHOWN HEREEN. SR SHEET 6, 13 INIS $I iS SLAEC1 10 ANY AND ALL OFFS OF DEOICARON, COENTONS, RE5WC1UN5 EASEMENTS, F[NCE UVE/BWNDARY DISCREPANCIES NMES AND/OR PRONSIONS SINN OR DISCLOSED BY SHORT PUT 387019 RECORDED UNDER RECORO:NG NUMBER .-AGH. AFFECTS PARCEL I, STOW HEREON, SUE SHEET 6 W 10. I ME CONTA % NOTES, EASEMENTS PHERSONS AND/OI ENWOApaENTS COW TUIED OR CNMATEO ON ME A FACT OT ME SURVEY RECRRDD UNDER RCDENING NUMBER I—DOEL AFFECTS PARCELS A THROUGH C NOT SOWN NNCON 15 MIS STE 5 SUBJECT N DE TORS AID PROABON6 CONTAINED N THE DOOWMT EITTED'EASEM(NI PROPERIY AS RECORDED UNDER RECORDING MARIA 2OAM280021I1 AFFECTS PARCEL E SOW IEREON. SR SHEET 6. 16 HIS SEE IS SUBJECT B ME INS AHD PR IMMING EDNIANED IN ME DOCUMENT LNMLED'MANSFB! O IXTELONUIR MIRK AS RECONfO N BE NUMBER 2OY6WO9W2185 AND MOONED UNDER RECORpNG -I- — 1090D0]3). 1011121BOOC6N. AND GEM 11218000SSS AFFECTS PARCELS B, C. AND D. NOT SHOW HEREON 17 DIS SIR B SUBECT TO RESERVATIONS CONED N DEED RECORDED UNDER ROGARIC 111NM 201301YOODISH AFFECTS PARCEL I NOT 9ROW HEREON, IB PARAGRAPHS 18 BREACH 35 HAVE BEEN ELIMINATED WHOIDONS THEREOF BETWEEN UIDIMEN 111— DISTRICT, KING COUNTY, A 1111CIPA ]6 CIIgPRATOM O ME 51AMEO WASHINGTON, AND PEASEY CANYON HOMES, LLC AS RECORDED UNDER RECENDING NUMBER 37 MIS STE IS SUBJECT Y) A ""DUN BY OPTION AGREEMENT MD ME INS AND CIXUITONS MRCO YEMEN CDCC 3 MIN LP, A BE AWARE UM11N COMAHY ANY POYGW MAN ICE, A DIL.WARE LINTER UABIUTY COMPANY AS RELOADED UNDER RECORDING INNER 20110811020811 38 MI5 SEE IS SUBECT BY CRY OF AUBURN FMN:NANCE N0. 6509, AN ENHANCE HANCE VACARNG A PORTER W SOUTH 324TH STREET, AS RECORDED GRIND RECORDING RUMOR 1015101TO10215 RESTRICTIONS /COVENANTS I. ME ROM AND STORM DRAINAGE SYSTEMS SNALL BE CONSTRUCTED ACCORDING TO ME APPROVED PLAN AND PROFILE PLAN NO. FAC 11 -0016 ON FILE MN ME CITY OF AUBURN, ANY DEVIATION FROM ME APPROVED PLAN WILL REGIME WRITTEN APPROVAL IROM ME CITY OF AUBURN 2. PRIOR TO BUILDING CONSTRUCTION ON ALL LOTS. TEMPORARY EROSION AND SEDIMENTIBON CONNOL MEASURES, PEP THE CONSPUCRON STORM WATER POLLUTON PREVENTION PLAN (CSWPPP) RILL BE CONSTRUCTED AND AINTAIK'ED THROUGH RNAL LOT STABIUZAMM. PRIOR TO FINAL BUILDING INSPECTION FOR THE SPUCTURE(S) ON ALL LOTS, ROOF DOWNSPOUTS, FOOTING CHAINS, AND ALL LA DLSIGNED FOR SHELI ILUW UN ALLOWED TO BE TREATED ONSTE, SHALL BE TICHTUNED TO ME PUBLIC ROADWAY (SYSTEM AND SHALL BE INSPECTED BY CITY OF AUBURN FOR COMPLIANCE AM ME CSAYFF PRIOR TO FINAL IPPROVAL. 3 STORM DRAINAGE SYSTEMS CONSTRUCTED ON ME INDIVIDUAL LOTS MUST BE MAINTAINED BY ME PROPERTY DARTER FOR MAT LOT AN EXCEPTION TO MIS REOUIREMENT 15 WHERE ME PRIVATE STORM COLLECTION SYSTEM ROGUES LOT UNES IN MIS CASE PRIVATE DRAINAGE EASEMENTS AND MAINTENANCE RESPONSIBILIBES RELATED THERETO HAVE BEEN I—MIED HERON. CONVEYANCE SCHEDULE TRACT SIZE SD. FT CONVEYED OWNERSHIP PURPOSE ],126 CANYON MEN NWEOMNENS ASSOCIATER ACCESS AMID MULES B 1,ll6 CANON, REEK HOMEOWNERS ASSOOATW OPEN SPACE C 3.]96 CANYON CREEK HWCOWERS -.AT. OPEN SPACE D CREEK PONEOW A55 ACCE55 AND UTLNIES E 115.000 Ott O AUBURN STORM EDENTON AND WATER GUILTY F 17,150 CANYON REEK NEWCOMERS ASSMATON WEN SPADE G 6,6W COCG 3 WLH LP NNRE CONVEYANCE 1 .IV1 CANYON REEN NWEOWCNS ASDOCAF. AC6SS MD UTUTIES I'M. COILE—CE J 1,601 CWY(N MEN HOMCOWENS AESOPAAON OPOA SPACE s,l G - CANYON REW REMOVE S ASSOOATION ACCESS AND JGU E5 L Z3 CANYON RR( HW[OW[RS A55DOAIXN ROI SPACE 8,720 YM MEN HOMEOWERS ASSOIATON ]11,76: CDCG 3 VALHI LP NOME REVCLWMENI 0 IM- CJCG 3 WLH LP NNRE DE-RPMMT gILNI -O -WAY 111.9]fi IY W AUBURN NRUC NCN1-0E-WA1 HOMEOWNERS ASSOCIATION COVENANTS MIS SUBDIVISION IS SUBJECT TO ME COVENANTS, CONDITIONS_ AND RESPICRONS FOR CANYON GREEK HOMEOWNERS ASSOCIATION RECORDED UNDER KING COUNTY RECORDING NUMBER -- ____. RECORDS OF KING COUNTY. WASHINGTON SAID HOMEDWNERS ASIOCIABON SHALL OWN AND MAINTAIN ME TRAOCRTS INNS CA SAAORNP AN n ICI RD AND CONVEYED HERD1, UNLESS OTHERWISE APPROVED BT ME MT' DE AuBURry (2 CT THIS COVENANT SHALL RUN RUTH ME LAND AND SHALL BE BINDING UPON ME OYN DSO LOTS I NRWGM TESL THEIR HEIRS. SUCCESSORS A ASS SHOULD CANTON CREEK EONNEBS RGODITION BE DISSOLVE➢ OR ONRMSE CEASE TO FUNCTON, OWNERSHIP OF LOTS ILMROUGH 76. NOW RE RILL 'NCTUDE AN EQUAL AND UNDI�NDD INTERESTED IN DSBi MA TfOR.SB,. C. D. F. H. J. K, L, ANC M. TOGETHER MN AN EQUAL RESPONSIBILITY FOR ME CITY OF AUBURN FILE NO. PLAT 15 -0002 TRACT CONVEYANCE I TRACT 'A" IS A PRIVATE ACCESS AND UTILITY TRACT IND IS HEREBY CONVEYED TO CANYON CREEK HOMEOWNERS ASSOCIATION UPON THE RECORDING OF THIS PLAT SAID HOMEOWNERS ASSOCIATION AFFAIR HEREBY RESPONSIBLE FOR ME YU`FY E SON OF ME PRIVATE ACCE55 RE STIE$ AND PRIVATE STORM DRAINAGES 1. 71. D SAD TRACT A PRIVATE URIITY EASEMENT OVER TRACT SAID IS HEREBY RESERVED FOR ME BENEFIT OR LOTS T 75 CT b FOR STORM DRAINAGE FA LIDES PUBUC unutt EASEMENTS ARE HEREBY GRANTED OVER, UMBER, AND ACROSS SAID TRACT TO THE GTR AN AUBURN FOR STORM DRAINAGE FAOUTIES. FINE LANE ACCESS IS ALSO HEREBY GRANTE TO THE DA OF S SAID OVER AND ACROSS SAID TRACT PUBLIC UTUtt EASEMENTS ARE ALSO HEREBY RANTED DEER, UNDER, AND ACROSS SAN TRACT TO LANRAKN UBLIIY DISTRICT FOR WRIER LNE (ALE) AND SANITARY SEWER LING (SCE) FACILITIES UPON ME RECORDING OR THIS PLAT. 2. TRACT "D" IS A PRIVATE ACCESS AND UTUTY PACT AND 15 HEREBY CONVEYED TO CANYON GREEN HOMEOWNERS ASSOCIATION UPON ME RECORDING OF M ME M E PRIVATE ACCESS FACIURES AND PRIVATE STORM DRAINAGEJFAGLRES MMIN SAID TRACT. A PRIVATE ACCESS AND UBUTr EASEMENT OVER SAID PACT IS HEREBY RESERVED FOR ME BENEFIT OF LOTS 36 AND 37, A PRIVATE UBUTY EASEMENT OVER SAID PACT IS HEREBY RESERVED FOR ME BENEFIT OF LOTS 15, 16, 36 AND 37 FOR STORM DRAINAGE FACILITIES. PUBLIC DR RUTY CASEMENTS FACIILI ES. FIRE E ACCESS IS ALSO HEREBY GRANTED TO SAID PACT CITY OFOA CITY OF OVER AND URN FOR S SAID UPC ME ME RECORDING OF THIS PLAT ACTS AO 3. TRACT "H' IS A PRIVATE ACCESS AND UTILITY MALT AND I: HEREBY CONVEYED TO CANYON CREEK HOMEOWNERS ASSOCIATION UPON NO RECORDING OF MIS PLAT SAID HOMEOWNERS ASSOCIATION IS HEREBY RESPONSIBLE FOR ME MAINTENANCE OF ME PRIVATE ACCESS FACILITIES MU PRIVATE STORM DRAINAGE FACILITIES MMIN SAID SAID TRACT 15 HEREBY RESERVED FOR THE BENEFIT OF LOTS 46 THROUGH 54 FOR STORM DRAINAGE FACILITIES PUBLIC UTILITY SEMEN' A N ND11. AND ACROSS SAID PACT TO ME CITY OF AUBURN FOR STORM DRAINAGE FAQURES FIRE LANE ACCESS IS 111. ALSO HEREBY GRANTED TO THE CITY OF MBURN OVER AND ACROSS SAID PACT, PUBLIC U RUTY EASEMENTS ARE ALSO HEREBY GRANTED OVER, UNDER, AND ACROSS SAID TRACT TO LANEHAVEN URU TY DISTRICT FOR WATER LINE EASEMENT (MILE) AND SANITARY SEWER UNE EASEMENT (SLE) UPON ME RECORDING OF THIS PLAT PACT 'N' IS A PRIVATE ACCESS AND UTILITY PACT AND 15 HREBY CO—D TO CINYGN CRLEN H c—OPS ASSOCIATION UP IXN ME RECORDING OF MIS PLAT. SAID HOMEOWNERS ASSOCIATON IS HEREBY RESPONSIBLE FR ME MAINTENANCE OF ME 55 FACIURES AN WAGE FACILITIES MMIN EAI ACT AR PRIVATE URUTY EAGYM-T OVER SAD APACTCIS HEREBY RESERVED FOR ME BENEFIT OF LOTS 61 THROUGH 64 FOR STORM RIMAGE FAOLIDES PUBLIC URUTY `ASEMENTSFAEEL IEHIRE B CCESS TED OVER, UNDER. AND EACROSS XSAID PACT TO ME CITY OF AUBURN FOR STORM DRAINAGE URLITY EASEMENP ARE ALSO HEREBY !AN1E0 OVER, UNDER, PNO ACROSS SPIO PACT TO LANEHAVEN UBUTY DISTRICT FOR WATER LONE EASEMENT (ALE) AID SANITARY SEWER LINE EASEMENT (SLE) UPON ME RECORDING OF MIS PLAT. 5 PACT 'L' IS A PRIVATE OPEN SPACE PACT AND IS HEREBY CONVEYED TO CANYON CREEK HOMEOWNERS ASSOCIATION UPON ME RECORDING OF MIS PUT. THE MAINTENANCE OF SAID PACT IS ME PESPONSIBILTY OF ME CANYON CREEK HOMEOWNERS ASSOCIATION, A PUBLIC UTILITY EASEMENT IS HEREBY GRANTED OVER, UNDER, AND ACROSS ME SOUTH 15 FEET OF SAID PACT TO L.—AVEN UTILITY DISTRICT FOR A SANITARY SEWER LINE EASEMENT (5LEJ U ON ME RECORDING OF MIS PLAT 6 TRACTS 'B'. 'C , 'l, Al. - - HOMEOWHERS ASSOCIATION UPON ME RECORDING OFETH 11 PLAT. ALL MAIN TENANCEEOr OPEN SPACE TRACTS ANO PLANTED STRIPS. NOT FRONTING SINGLE FAMILY LOTS, RILL BE ME RESPONSIBILITY OF THE CANYON CREEK HOMEOWNERS ASSOCIATION A PUBLIC UTILITY EASEMENT IS ALSO HEREBY GRANTED OVER, UNDER, AND ACROSS THAT PORTION OF PACT 'B'. AS SHOWN ON SHEET 7. i0 ME CITY OR AUBURN FOR STORM DRAINAGE FACIURES UPON ME BECOMING OF MIS RAT. A PUBLIC URUTY i 15 ALSO HCRRY CRANTEO OVER. UNDER, AND UPON ME SOUTH 15 T OF PACT M TO LANEHAVELN Un- DISTRICT FOR SANITARY SEWER LINE (SLE)UPON ME RECORDING OF THIS PLAT. 7. PACT 'E' IS A PUBLIC STORM DETENTION AND WATER QUALITY PACT AND IS HERR1 CONVEYED TO ME CITY OF AUBURN FOR STORM DRAINAGE FACILITIES UPON ME RECORDING OF MIS PLAT. EXCEPT AS NOTED HEREIN ME CITY OF AUBURN IS HEREBY RESPONSIBLE FOR ME PUBUC STORM DRAIN FACTURES WINN SAD PACT. THE CANYON REEK HOMEOWNERS ASSOCIATION! IS HEREBY RESPONSIBLE FR ME LANDSCAPE MAINTENANCE MMIN PACT 'E' FALLING BETWEEN ME FENCE AND PACT BOUNDARY EASEMENT OVER SAID PACT IS HER EBY GRANTED AND CONVEYED TO SAID HDMEOWNRS AN ASSOCIATION FOR ERIE FPURPOSES OF ACCESS AND MAINIENANCE- B MACO S 'G' AND 'I' ARE PRIVATE PACTS TO BE RETAINED BY CDCC 3 NI UP FOR FUTURE CONVEYANCE TO THE ADJOINING PROPERTY OWNERS BY.SEPARATE CONVEYANCE FOLLO'MNG ME RECORDING OF THIS PLAT 9, PACTS 'N' AND '0' ARE FUTURE DCV£LGPMENT PACTS AND ARE RETAINED BY RESPONSIBLE FOR ME MAINTENANCE ASSOCIATED WITH SAID PACTS LAKEHAVEN UTILITY DISTRICT EASEMENT COVENANT AN EASEMENT IS HEREBY IRREVOCABLY RESERVED FOR AND GRANTED TO LAKEHAVE1 URUTY DISTRICT AND ITS AGENTS, SUCCESSORS AND ASSIGNS, FOR SO LONG AS IT SHALL OWN AND MAINTAIN ME UBUTIES REFERENCED HEREIN UNDER AND UPON ME AREA SHOWN ON ME PLAT AND DESCRIBED HEREIN AS 'WATERLINE EASEMENT' (WLE) AND "SANITARY SEWER LINE EASEMENT' SUBDIVISIONST D OM ER PROPERTY TOGEMERR WMAND ME ftER AND SEWER MAHNS AND UPON SAID EASEMENT APPURTENANCES TTMES FOR PLI MIS RPOSES INCIDENT THERETO. NO BUILDING, WALL, ROCKERY. FENCE, PEES OR STRUCTURE OF ANY KIND SHALL BE ERECTED OR PLANTED. NOR SHALL FILL IATERIAL B OURGARIES F SAID EASEMENT AREA, NO EXCAVATION SHILL MMIN THREE (3) FEET OF SAID WATER OR SEMEN SERVICE FACILITIES AND ME SURFACE LEVEL OF THE GROUND MMIN ME EASEMENT AREA SHALL BE MAINTAINED AT ME ELIVADDN AS CURRENTLY EXISTING. RANTOR HEREBY AREES MAT NO WATER AND /OR SEWER SYSTEM FACTUTY OR APPURTENANCE OF ANY KINDS SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR, OR ANY THIRD PARTY ACTING UNDER AUTHORITY OF RANTOR, MMIN OR PROXIMATE TO SAID EASEMENT. UNLESS SUCH DISTILLATION IS APPROVE BY GRAAME AN MEN- CURRENT EDIBO+ OR CRITERIA FOR SEWAGE WO OE51GN' PUBLISHED BY ME WASHINGTON STATE COMARIMENT OF ECOLOGY GHANIOR HEREBY FURRIER AGREES THAT NO OTHER FACILITY ON APPURTENANCE OF ANY 111D. INCLUDING UTILITY SERVICE CONNECTIONS „SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR. OR ANY THIRD PARTY ACTING UNDER AUTHORITY OF GRANTOR, MMIN THREE (3) FEET. MEASURED HORIZONTALLY FROM PARALLEL ALIGNMENTS. OR MMIN SIX (6) INCHES. MEASURED VERTICALLY FOR CROSSING OR PERPENDICULAR ALIGNMENTS. OF ANY PORRON OF THE GRANTEE'S FACILITIES GRANTOR AODIMENALLY GRANTS TO TH E LAKEHAVEN URUTY DISTRICT AND ITS 1 AGENTS, SUCCESSORS AND ASSIGNS ME USE OF SUCH ADDITIONAL AREA IMMEDIATELY ADJACENT TO SAID EASEMENT AREA AS STAIL BE REBNRLD FOR TIE CONSTRUCTION, RECONSTRUCTION, MAINTENANCE a OPERATION OF SAID WATER OF SEMEN FACILITIES THC USE OF SUCH ADDITIONAL AREA SHALL BE HELD 10 A REASONABLE MINIMUM AND BE RETURNED TO ME CONDITION MMCDIATCLY BEFORE N 'S ENTERED UPON BY ME UKEHAVEN UTILITY DISTRICT. ITS 'CENTS, SU CESSORS AND TIASSIGNS IN ADDITION TO ME OMERMRESTRICRONS HEREIN. GRANTOR SHALL NOT CONVEY TO A THIRD PARTY ANY EASEMENT OR OTHER INTEREST OR RIGHI OF USE OF PROPERTY SUBJECT TO ME EASEMENT THAT WOULD IMPAIR OR LIMIT ME USE CF ME EAYMEN- RIGHTS GRANTED HEREIN PRNATE DRAINAGE EASEMENT COVENANT ME OWNERS OF PRIVATE PROER PTY MMIN THIS PLAT ARE ON —BERED WIN DRAINAGE EASEMENTS SHOWN AS'PRIVATE- HEREBY GRANT AND CONVEY TO THE CITY OF AUBURN, A POLITICAL SUBDIVISION OF ME STATE OF VAID -0TOn. E RIGHT BUT NOT ME OBLIGATION M CONVEY OR STORE STEM AND SURFACE WATER PER ME ENGINEERING PLANS APPROVED FOR THIS PLAT BY ME CIF, OF AUBURN TOGENFR M F REASONABLE'C.CESS (In —'ND EGRESS) TO FNTER SAID GRAINAOF EASEMENT FOR ME PURPOSE OF LBSERNNG THATHOMNER(S) ARE PROPERLY OPERATING AND MAINTAINING ME DRAINAGE FACILITIES CONTAINED NEREIN, THE OWNERS OF SAID PRIVATE PROPERTY ARE RESPONSIBLE FOR OPERATING, MAINTAINING, AND PNPAIRINC THE DRAINAGE L ESCONTAINED M Y PEOUIRED PERMITS R NE CITY OF AUBURN PRIOR TO FILLING,DPPNG, DRAINAGE REMOVING VEGETABONU(RCRT FOR AIROUTINE LANDSCAPE MAINTENANCE SUVEGETATED CH AS LAWN MDMNG) IN OPEN V DRAINAGE FACIUM S (SUCH AS SWALES. CHANNELS, M'CHES. PONDS. ETC) OR PERFORMING ANY ALTERATIONS OR MOOIFICATONS TO ME DRAINAGE FACILITIES CONTAINED MMIN SAID DRAINAGE EASEMENT. ADDITRIZINALLY. ME OWNER(S) OF TIE LAND HEREBY SUBDIVIDED DO HEREBY GRANT SLED CONVEY TO TIE OMNER(5) OF ME LOTS BENEFITED OR ANY OTHER PRIVATE Rn, AS STATED N ME EASEAENTS PROVISIONS AND THEIR ASSIGNS A PERPETUAL STATED EASEMENT FOR ME EASEMENTS ARID CONDITIONS SHALL BE I COVENANT NUNNA WIN N NE LAND AID SHALL BE ENDING ON ME SUCCESSORS. HEIRS. AND ASSIGNS OF ME OWNERS(S) OF ME LAND HEREBY BURDENED. ME OWNERS) OF ME LOT BENEFITED AND THEIR AG—S SHALL HAVE ME RIGHT MTHOUT PRID INSTITUTION OF ANY SUIT OR PROCEEDINGS OF LAW AT SUO! nNE AS MAY BE NECESSARY TO CATER UPON SAID EASEMENT FOR ME PURPOSE BY CO1NSTRUCTING, MAINTAINING. REPAARNI ALTERING OR TRECTMISTRUC'NG SAD UTILITY R MAKING ANY CONNECTOR THERETO WT INCURRING ANY LEWL ORIGIN U :U BEFORE: PROVIDED THAT SUCH STALL BE ACCOMPLISHED IN I MANNER THAT IF EXISTING PRIVATE IMPROVEMENTS ARE OIS%RBED OR OESMOYES THEY WILL BE REPAIRED OR REPLACED TO A ME PROPERTY WAS ENTERED UPON BY ME DIVE BE 1-13 THETHEY OWNER(S) OFMIME BURDENED OT 'HALL RETANBMERRIGHT TO USE ME SURFACE OF SAID EASEMENT IF SUCH USE DOES NOT INTERFERE WITH THE INSTALLATION OR USE W SAID UTILITIES HOWEVER. ME OWNERS) OF BURDENED LOT SHALL NOT ERECT OR MAINTAIN ANY BUILDNCE OR_SPUCNRES WHIN ME EASEMENT. ALSO ME OWNR(S) OF ME BURDENED LOT SHALL NOT PLANT PEES, SHRUBS OR VEGETATION HAVNC DEEP ROOT PATTERNS WHICH MAY CAUSE DAMAGE TO OR INTERFERE WITH SAID UTLIBES ALSO ME OWNEN(5) O ME BU T DEVELOP OR BEAUTFI NO EASEMENT AREAS IN SUCH A WAY TO CAUSE EXCESSIVE COST TO THE OWNERIS)E OF THETLETABENETIED PJR5UMY 'O ITS RESTORATION DUTIES HEREIN, THIS COVENANT SHALL RUN RUTH ME LAND IND IS BINDING JPON ME OWNER(S) OF SAID PRIVATE PROPERTY. THEIR HEIRS. SUCCESSORS AND ASSIGNS Co 11711 "E 110 PI. SMlre 101 BMIIWVx.7877 F..4 98007 475.BBSJ8T1 Far 476.885]967 ° � DESIGN �WAA PILL TroSg ENGINEERING • PLANNING • SURVEYING JOB NO_ 13045 ORD.B Page 78 of 225 CANYON CREEK AT PEASLEY - DIVISION I SHEET 3 OF 11 A PORTION OF THE NE 1/4, NE 1/4 AND SE 1/4, NE 1/4 OF SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM. CITY OF AUBURN, KING COUNTY, WASHINGTON EASEMENT PROVISIONS I A PRIVATE EASEMENT IS HEREBY RESERVED FOR AND GRANTED i0 NGET SOUND ENERGY, CENTURY LINK, COMCAST, LAKEHAVCN TY DISTRICT TO wATERUNE (CAE) AND SANITARY SEWR UNE (SLF), AND ANY OER PR UTILITY COMPANY, AND MDR ILI RESPCCTVE SUCCESSORS AND ASSIGNS. UNDER AND UPON ME EXTERIOR 10 FEET PARALLEL MM AND AD.DINING ME PROPOSED PUBLIC RIGHT -O -WAY OF ALL LOTS TRACTS B, C. E. F AND J. TOGETHER MM ME WEST 1O FEET OF LOTS J] AND 3B PARALLEL AND ADJOINING TRACT C, ME EXTERIOR 10 FEET or LOTS 46 THROUGH 54 PARALLEL WTH AND ADJOINING TRACT H. THE EAST 10 TS FEET OF LO 62 THROUGH 65 PARALLEL WTH AND ADJOINING TRACT K. ME EAST 10 FEET O LOS 73. 74 AND 75 RALLU. WM D 1 G TRAIT A. qNO NAT PORTION OF LOT 16. AS SHOWN ON SHEET 7, N WHICH STALL, Y, CONSTRUCT. RENEW, OPCRATE AND MAINTAIN UNDERGROUND DISTRIBUTION SYSIEMS WM NECESSARY FACILITIES. SIDEWALKS AND ER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY MN UTILITY SERVICES AND SIDEWALXS. TOGETHER WTH ME RIGHT TO ENTER UPON ME LOTS AT ALL TINES FOR ME PURPOSE HEREIN STATED 0 UNES OR WRES FOR ME TRA'SMISSION OF ELECTRIC CURRENT OR FOR TELEPHONE USE. CABLE TELEVISION, " FIRE OR POUCE SIGNAL ON FOR OMEN LL BE PLACED OR BE PERMITTED TO EE PLACE. UPON ANY l0I GRLESS THE SAME SHALL BE UNDERGROUND ON IN CONDUIT AITACHCD 10 A BUILDING 2 THE 8 FOOT WIDE PRIVATE DRAINAGE FACILITIES AND WALL EASEMENT CENTERED ON ME PROPERTY LINE BETWEEN LOTS 2 AND 3. BEING 4 FEET ON EACH SDE THEREOF. IS FOR ME BENEFIT O' LOTS 2 AND 3 THE OTHERS OF SAID LOTS SHA 51ARE EQUALLY FOR TH E COST OF MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THAT PORTION OF ME WALLLAND DRAINAGE FACILITIES USED IN CUAMON WTHIN SAID EASEMENT 3 ME B FOOT WDE PRIVATE DRAINAGE FACILITIES AND WALL EASEMENT CENTERED ON THE PROPERTY LINE BETWEEN LOTS 3 AND 4. BEING 4 FEET ON EACH SIDE THEREOF. IS FOR ME BENEFIT OF LOTS 3 AND 4 ME OWNERS OF SAID LOTS SH RL EQUALLY FOR ME COST Di , REPAIRS OR RE NSM.CTON OF THAT PORTION OF ME HALL LAND DRAINAGE FACIUTES USED IN COMMON WTHNE SAID EASEMENT CO 4 TH E B FOOT WDE PRIVATE DRAINAGE FACILITIES AND WALL EASEMENT CENTERED ON ME PROPERTY LINE BETWEEN LOTS 4 AND 5. BEING 4 FEET ON EACH SIDE THEREOF. IS FOR ME BENEFIT OF LOTS 4 AND 5 ME OWNERS OF SAID LOTS SHALL SHARE EQUALLY FOR THE COST OF MAINTENANCE, REPAIN5 OR NL UN5TRVCTOR O THAT PORTION OF ME WALL AND DRAINAGE FACILITIES USED IN COMMON WTHIN SAID EASEMENT, L 5 THE 8 FOOT WDE PRIVATE DRAINAGE FACILITIES AND HALL EASEMENT CENTERED ON ME PROPERTY LINE BETWEEN LOTS 5 LOTS SHALL SHAREREQUALLCTFOR THEHCOST 0 THEREDN'. IS FOR ME BEN REPAIRS ON RECONS RECONSTRUCTION OF TTHATOPERO00 SAID ME WALL AND DRAINAGE FACIUTES USED IN COMMON WTHIN SAID EASEMENT. 6, ME B FOOT WDE PRIVATE DRAINAGE FACILITIES AND WALL EASEMENT CENTERED ON THE PROPERTY LINE BETWEEN LOTS 7 AND B. BEING 4 FEET ON EACH SIDE THEREOF. IS FOR ME BENEFIT OF LOS 7 AND 8 ME OWNERS OF SAID LOTS SHALL SHARE EQUALLY FOR THE COST OF MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THAT PORTION OF THE HALL AND DRAINAGE FACILITIES USED IN COMMON WTHIN SAID EASEMENT. 7, ME B FOOT WDE PRIVATE DRAINAGE FACILITIES AND WALL EASEMENT CENTERED ON THE PROPERTY LINE BETWEEN LOTS BAND 9. BEING 4 FEET ON EAOI SIDE MERE.. IS FOR ME BENEFIT OF LOTS 8 AND 9 ME OWNERS OF SAD LOTS SHALL SHARE EQUALLY TOP THE COST a MAINTENANCE. REPAIRS ON RECONSTRUCTON OF THAT PORTION OF ME WALL AND DRAINAGE FAGUTES USED IN COMMON WTHIN SAID EASEMENT B. ME EAST 4 FEET OF LOT 9 15 A PRIVATE DRAINAGE FACILITY WIND WALL EASEMENT FOR ME BENEFIT OF LOT 9 AND ME FUTURE AD IuC OT WMiN TRACT 'N' ME MNER SF O LOT 9 AND -RE ADJOINING LOT SHALL SHARE ED ALLY) FOR ME COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION OF ME WALL AND DRAINAGE FACILI TES USED IN COMMON WTHIN SAID EASEMENT. 9, THE 8 2 M' I3E.DNVG PRIVATE CE' ON DRAINAGE FACILITIES SDI THEREOF. ISEASEMENT E BENCFlTCENTERED OFOLO LOTS PROPERTY LINE E OHNEERS OF LOS SAID LOTS SHALL SHARE EWALLY FOR ME COST OF MAINTENANCE. REPMRS OR RECONSTRUCTON OF THAT PORTION OF ME WALL AND DRAINAGE FACILITES USED IN COMMON WTHIN SAID EASEMENT, 10 THE 8 FOOT WOE PRIVATE DRAINAGE FACILITES AND WALL EASEMENT CENTERED CRY THE PROPERTY LINE BETWEEN 4, BONE s FEET ON EACH SIRE HEREOF, IS FOR ME BENEFIT O LO ME OWNERS OF SAID LOTS SHALL SHARE EWALLY FOR THE COST OF MAINTENANCE, REPARS OR RECOJ STRUCTON OF THAT PORTON OF THE WAL. AND DRAINAGE FACILITIES USED IN COMMON WITHIN SAID EASEMENT, 11. THE 8 FOOT WDE PRIVATE DRAINAGE FACILITIES AND WALL EASEMENT CENTERED W THE PROPERTY LINE BETWEEN 'on 0 15, BEING 4 FEET ON EACH SIDE THEREOF E %CEPT A N OETaL 'C', S TOGETHER W ME FUTURE ADJOINING LOTS WTHIN TRACT 'N' WTH CONNECTNO PRIVATE DRAINAGE FACILITIES IS FOR ME INERT OF LOS 14 15 AND FUTURE ADJOINING LOTS ME DINERS O SAID LOTS SHALL SHARE ALLY FOR HE COST OF MAINTENANCE. REPAIRS OR RCCONSTRUCTONSOF THAT PORTION OF THE WALL AND DRAINAGE FACILITIES USED IN COMMON WTHIN BID EASEMENT. 12 ME PRIVATE DRAINAGE FACILITIES AND WALL EASEMENT ON THE WEST 60 FEET OF ME SWM 7.5 FEET OF LOT 15. THE SOUTH D FEET OF LOT 16. ME NORTH 4 FEET OF LOS 32 NROUCH 35, ME EAST 5 FEET OF OT 5. ME WEST 10 CET AND ME SOUTH 4 FEET OF LOT M, ME NORM 4 FEET OF LOT 37, THE EAST To FEET OF LOT 36. AND A PORTION OF ME SOUTHEASTERLT CORNER OF LOT 15 AS SHOWN ON DETAIL 'D', SLEET B IS FOR ME BENEFIT O LOTS 15. 16. 32 THROUGH 37. AND FUTURE LOS WTHIN TRACT 1N' WN CONNECTING PRIVATE DRAINAGE FACIUTES- ME OWNERS OF SAID LOTS SHALL SHARE EQUALLY FOR ME COST OF MAINTENAHCE. REPAIRS OR RECONSTRUCTOR T MAT PORTION OF ME HALL AND DRAINAGE FACIUTES USED IN COMMON WMN SAID EASEMENT 13 ME 8 FOOT WDE PRIVATE DRAINAGE FA O ORES END WALL FASEMEVT CENTERED ON ME PROPERTY LINES BETWEEN L015.28 THRO IGN 31. BEING 4 FEET ON EACH SIDE THEREOF, IS FOR ME BENEFIT OF LOTS 28 THROUGH 31. THE OWNERS OF SAID LOS SHALL SHARE EQUALLY FOR ME COST OF MAINTENANCE, REPMRS OR RECONSTRUCTION OF THAT PORTION OF ME WALL AND QINVNAGE FACILITIES USED N COMMON WMN SAID EASEMENT. ME B FOOT WDE PRIVATE DRAINACE FAGUTES AND WALL EASEMENT CENTERED ON THE PROPERTY UNE BETWEEN 4 LOS 17, 18, 2fi AND 27. BEING 4 FEET ON EACH SIDE THERETO. TOGETHER WM THAT PORTION ON LOT 28, AS SHOWN, IS FOH HE BENEFIT OF LOTS 17, IB. 26 AMC 2) ME OWNERS OF SAID LOS SHALL SHARE EQUALLY FOR ME COST O MAINTENANCE. REPAIRS OR RECONSTRUCTION OF THAT PON ION OF ME WALL AMID DRAINAGE FACILITIES USED N COMMON WTHIN SAID EASEMENT 15 ME B FOOT WDE PRIVATE DRAINAGE FAG DES AND WALL EASEMENT CENTERED ON THE PROPERTY UNE BETWEEN LOTS 1B k 19 AND LOS 25 AND 26. AS SHOWN, BEING 4 FEET ON EAGH 9DE THEREOF, TOGETHER WITH THAT MTION OR LOT 25, AS SHOWN, IS FOR ME BENEFIT OF LOS 18. 19, 25 AND 26. ME OWNERS OF SAID LOS SHALL SHARE EWALL Y FOR ME COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION OF THAT PORRON OF ME WALL AND ORMNAGE FACIUTES USED IN COJMON WMN SAID EASEMENT. 16. ME 8 FOOT WDE PRIVATE DRAINAGE FAGUTES AND WALL EASEMENT CENTERED ON THE PROPERTY UNE BETWEEN LOS 22 k 23, 23 A 24, 22 k 25, 23 k 25 AND 24 k 25. BEING 4 FEET ON EACH RUDE THEREOF IS FOR ME BENEFIT OF LOS 22. 23. 24 AND 25 ME OWNERS OF SAID LOS SHALL SHARE EOUALLT FOR ME COST OF g1NTENANCE, REPMRS OR RECOVSTRUCTON OF MAT PORTION OF TIE WML AND DRAINAGE FACILITIES USED IN COMMON WMN SAID EASEMENT. 17 ME 8 FOOT WDE PRIVATE DRAINAGE FACILITIES AND WALL EASEMENT CENTERED ON ME PROPERTY LINE BETWEEN LOTS 27 AND 28. BEING 4 FEET ON EACH SIDE THEREOF, IS FOR ME BENEFIT OF LOTS 27 AND 20 THE OWNERS OF SAID LOTS SHALL SHARE EQUALLY FOR ME COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION OF THAT PORTION OF THE WALL AND DRAINAGE FACILITIES USED IN COMMON WNIN SAID EASEMENT 18 THE 8 (GOT WDE PRIVATE DRAINAGE FACILITIES AND WALL EASEMENT CENTERED ON THE PROPERTY LINE BETWEEN LOTS 31 AND 32 BEING 4 FEET ON EACH SIDE THEREOF, IS FOR ME BENEFIT OF LOTS 31 AND 32. THE OWNERS OF SAID LOS SH ALL SHARE EQUALLY FOR THE MAINTENANCE, REPAIRS DR CONSMUCTON OF THAT PORTION OF THE WALL AND DRAINAGE FACILITIES USED COST WTHIN SAID EASEMENT RE 19 THE 8 FOOT WOE PRIVATE DRAINAGE FACILITIES AND WALL EASEMENT CENTERED ON THE PROPERTY LINE BETWEEN LOTS 32 AND 33, BEING 4 FEET ON. EACH 9DE THEREOF, IS FOR NE BENEFIT OF LOTS 32 ANO J3 ME OWNERS OF SAID LOTS SH LL SHARE EWALLY FOR THE CO MAINTENANCE. REPAIRS OR RECONSTRUCTON OF THAT PORTION OF THE WALL AND DRAINAGE FACILITIES USED IN COMMON WTHIN SAID EASEMENT 20 THE 8 FOOT WOE PRIVATE DRAINAGE FACILDES AND WALL EASEMENT CENTERED ON THE PROPERTY LINE BETWEEN LOTS 33 AND 34, BEING 4 FEET ON. EACH SIDE THEREOF, IS FOR ME BENEFIT OF LOS 33 AND 34 ME OWNERS OF SAID LOS SHALL SHARE EWALLY FORME COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTON OF THAT PORTION OF ME WALL AND DRAINAGE ILLY USED IN COMMON WTHIN SAID EASEMENT 21, TH E 8 FOOT WDE PRIVATE DRAINAGE FACILITIES AND WALL EASEMENT CENTERED ON ME PROPERTY LINE BETWEEN LOTS 37 AND 38, BEING 4 FEET ON EACH SIDE THEREOF. EXCEPT AS SHOWN ON DETAIL 'F, SHEET 9, TOGETHER WN FUTURE ADJOINING LOS WTHIN TRACT 'N' MAN NNECTING N CO PRIVATE DRAINAGE FACILITIES IS FOR ME BENEFT OF LOTS J7, 38, AND FUTURE ADAINING LOTS WTHIN TRACT THE OWNERS OF SAID LOTS SHALL SHARE EQUALLY FOR E COST OF MAINTENANCE, REPAIRS OR RECONSTRUCTOR OF THAT PORTION O ME WALL AND DRAINAGE FACILITIES USEO IN COMMON WTHIN SAID EASEMENT 22. ME 6 FOOT WDE PRIVATE DRAINAGE FACIUTES AND WALL EASEMENT CENTERED ON THE PROPERTY LINE BETWEEN LOS 38 AND 39. BEING 4 FEET ON EACH SIDE THEREOF. TOGETHER WTH FUTURE ADJOINING LOS WTHIN TRACT 'N' WITH CDNNECTINO PRIVATE DRAINAGE FACIUTES IS FOR ME BENEFIT OF LOTS J8. 39. AND FUTURE ADJOINING LOTS WTHIN TRACT W. ME OWNERS 0( SAID LOTS SHALL SHARE EQUALLY FOR ME COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION OF THAT PORTION OF ME HA-- AND DRAINACE FACIUTES USED IN COMMON WMN SAID EASEMENT, 23. ME B FONT WOE PRIVATE DRAINAGE FACILITIES AND WALL EASEMENT CENTERED ON THE PROPERTY UNE BETWEEN LOS J9 AND 40, BEING 4 FEET ON EACH SIDE THEREOF, TURNER WM FUTURE ADJOINING LOS WTHIN TRACT 'N' WTH CONNECTING PRIVATE DRAINAGE FAGUTES IS FOR MC BENEFIT OF LOS 39. 40. AND FUTURE ADJOINING LOTS RECONSTRUCTION OF MAT PORTION OF ME WALL AND DRAINAGE FAGUTES USED IN COMMON WTHIN SAID EASEMENT CITY OF AUBURN FILE NO. PLAT I5 -0002 EASEMENT PROVISIONS CONTINUED 24 MC 8 FOOT WDE PRIVATE DRAINAGE FACIUTES AND WALL EASEMENT CENTERED ON NO PROPERTY LINE DEYVVEEN LOTS 40 AND 41. BEING 4 FEET ON EACH SIDE THEREOF TOGETHER WTH FUTURE ADJOINING LOS WTHIN TRACT WTH CONNECTING PRIVATE DRAINAGE FACILITIES IS FOR ME BENEFIT OF LOS 40, at AND RUDD C ADJOINING LOTS WHIN TRACT 'N" THE OWNERS OF SAID LOTS SHALL SHARE EQUALLY FOR ME COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION OF THAT PORTION OF THE WALL AND DRAINAGE FACILITIES USED IN COMMON WTHIN SAID EASEMENT. 25, MC 8 FOOT WIDE PRIVATE DRAINAGE FACILITIES AND WALL EASEMENT CENTERED ON THE PROPERTY LINE BETWEEN LOTS 41 AND 42, BEING 4 FEET ON EACH SIDE THEREOF, TOGETHER WTH FUTURE ADJOINING LOTS WTHIN TRACT N' MAN CONNECTING PRIVATE DRAINAGE FACILITIES IS FOR THE BENEFIT OF LOTS 41, 42, AND FUTURE ADJOINING LOTS WTHIN TRACT "N' THE OWNERS OF SAID LOTS SHALL SHARE EQU ALLY FOR ME COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION OF THAT PORTION CF THE WALL AND DRAINAGE FACILITIES USED Iry CGAMON WTHIN SAID EASEMENT. 26 ME 8 FOOT WIDE PRIVATE DRAINAGE FACIUTES AND WALL EASEMENT CENTERED ON THE PROPERTY UNE BETWEEN LOS 42 AND 43. BEING 4 FEET ON EACH SIDE THEREOF. TOGETHER WTH FUTURE ADJOINING LOTS WTHIN TRACT MAN CONNECTING PRIVATE DRAINAQ FACILITIES IS FOR THE BENEFIT OF LOTS 42, 43, AND FUTURE ADJOINING LOTS WTHIN TRACT 'N' ME OWNERS DF SAID LOTS SHALL SHARE EQUALLY FOP ME COST OF MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THAT PORTION OF THE HALL AND DRAINAGE FACIUTES USED N COMMON WTHIN SAID EASEMENT, 27. ME 8 FOOT WDE PRIVATE DRAINAGE FACIUTES AND WALL EASEMENT CENTERED ON ME PROPERTY UNE BETWEEN LOTS 43 AND 44. BEING 4 FEET ON EACH SIDE HEREOF. ME EAST 10 FEET OF LOT 44, THE NORTH 4 FEET O MC EAST 10 FEET OF LO OGETHLH W FUTURE ADJONNG LOTS W N CONNECTING PRIVATE DRAINAGE FACILITESSISTFOR THE BENEFIU OR LOTS 43. 44. 45 AND FUTURE ADJONING LOTS WITHIN TRACT MC OWN R5 OF SAID LOTS ENALL SH E EQUALLY -TIE COST OF MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THAT PORTION OF ME WALL AND DRAINAGE FACILITIES USED IN COMMON WNIN SAID EASEMENT 28- ME 85FOOT HOME BEING DRAINAGE EAACHIU90E HD BALL EASEMENT Q NTERED ON MESPROPDRSB. DINE ME OWNERS MET ON 1. OF SAID LOTS SHALL SHARE EQUALLY FOR HE MST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION OF THAT PORTION OF ME WALL AND DRAINAGE FACIUTES USED IN COMMON WNIN SAID EASEMENT. 29 ME PRIVATE DRAINAGE FACLITY AND WALL EASEMENTS BEING THE NORM 10 FEET CF ME SOUTH 300 MET OF M[ WMEALY PMTONS Di LOTS 57, 5B, 59 CO. 1. AND THE M 1588 FEET OF LOT 5 TO ER WITH AN 85 FOOT WDE PRIVATE DRAINAGE FACLITIES AND WALL EASEMENTS CENTERED ON ME PROPERTY LINE BETWEEN LOTS 56 AND 60. AND 60 AND 61, BEING 4 FEET ON EACH SIDE THEREOF. IS FOR IN BENEFIT]OFNLOTS She 57. 58. AND 61 ME OWNERS OF SAD LOTS SHALL SHARE EQUALLY FOR THE COST O MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THAT PORTION OF ME WALL AND DRAINAGE FACILITIES USED Iry COMMON WMIV SAID EASEMENT. 30. NC 8 FOOT WDE PRIVATE DRAINAGE FACIUTES AND WALL EASEMENT CENTERED ON THE PROPERTY LINE BETWEEN LOTS 64 AND 65. BEING 4 FEET ON EACH SIDE HEREOF, IS FOR ME BENEFIT OF LOS 54 AND 65- ME OWNERS OF SAID LOS HSHALLL SHARRE EQUALLY FOR ME E COST OF MAINTENANCE„ REPAIRS OR RECONSTRUCTION OF MAT PORTION OF E ALL AND DRAINAGE GILTS USED IN COMMON WITHIN SAID EASEMENT. 31. THE 8 FOOT WOE PRIVATE E EACH SEE THEREOF, IS FOR ME BENEFIT OF AINAC FAGUTES AND W E L EASEMENT CENTERED ON THE PROPERTY UNE BETWEEN LOTS 66 AND 67, BEING 4 FEET ON LOS 66AND67 ME OWNERS OF SAID LOS SHALL SHARE EQUALLY FOR ME COST OF MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THAT PORTION OF THE WALL AND DRAINAGE FACILTES USED IN COMMON WTHIN SAID EASEMENT, 32, MC 8 FOOT WDE PRIVATE DRAINAGE FACILITIES AND HALL EASEMENT CENTERED ON THE PROPERTY LINE BETWEEN LOTS 67 AND 68. BEING 4 FEET ON EACH SIOE HEREOF, IS FOR ME BENEFIT OF LOTS 62 AND 68 ME OWNERS OF SAID LOTS SHALL SHARE EQUALLY FOR ME COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION OF THAT PORTION OF THE WALL AND DRAINAGE FACILITIES USED IN COMMON WTHIN SAID EASEMENT, 33. THE 8 FOOT AIDE PRIVATE DRAINAGE FACIUTES AND WALL EASEMENT CENTERED ON THE INE BETWEEN LOTS 60 AND 69, BEING 4 FEETNON EACH SIDE THEREOF, IS FOR TH E BENEFIT O LOTS E68 ANDR69, ME OWNERS OF SAID LOTS SHALL SHARE EQUALLY FOR ME COST OF MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THAT PORTION OF THE WALL AND DRAINAGE FACILITIES USED IN COMMON WTHIN SAID EASEMENT - 34, ME 6 FOOT WDE PRIVATE DRAINAGE FACILITIES SEMENT CENTERED ON THE PROPERTY UNE BETWEEN LOTS 69 AND 70. BEING 4 FEET ON EACH SIDE DEREOEOI5 FOR ME BENEFIT OF LOTS 69 AND 70 ME OWNERS OF SAID LOTS SHALL SHARE EQUALLY FOR ME COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION OF NAT PORTION OF ME WALL AND DRAINAGE FACILITIES USED IN COMMON WNIN SAID EASEMENT. 35 ME 8 MOT WDE PRIVATE DRAINAGE FACILITIES Arv0 WALL EASEMENT CENTERED ON THE PROPERTY UNE BETWEEN L015 70 AND JI, BEND 4 FEET ON EACH SIDE MERE., IS FOR ME BENEFIT OF LOB .7o AND 71, THE OWNERS OF SAD LOS SHALL SHARF EODALLY FOR M AINTENANCE. REPAIRS OR RECONSTRUCTION OF THAT PORTON OF ME WALL AND DRAINAGE FACJUTIESOUSED IN COMMON WTHIN SAID EASEMENT, 36, ME 8 FOOT WOE PRIVATE DRAINAGE FAGUTES AND WALL fASEMENi CENTERED ON THE PROPERTY UNf BfiwFEN LOTS )I AND 72. BEING 4 FEET ON EACH SIOE oEREO YS FOR THE BENEIT OF LOS 71 AND 72. ME OWNERS OF SAID LOS SHALL SHARE EQUALLY FORM PAIRS OR RECONSTRUCTIN OF MAT PORTION OF ME WALL AND DRAINAGE FACTUTTESOUSED IN COMMON WHINE SAID EASEMENT. 37- ME 5 FOOT WOE PRIVATE DRAINAGE FA NT LENTERED DAN THE PR E BETWEEN LOS 72 AND 73. BEING 4 FEET ON EACH SIDE HEREOF. IS FOR ME BENEFIT a LOTS 72 AND 73. ME OWNERS OF SAID LOS SHAT-1. ME COST OF MAINTENANCE, R ONSTRUCIIOR OF MAT PORTION OF ME WALL AND DRAINAGE FAGUTES USED IN COMMON WHINE SAID SEASEMENT_ 38- ME B FOOT WDE PRIVATE DRAINAGE FACILITIES AND WALL EASEMENT CENTERED ON ME PROPERTY UNE BETWEEN LOS ] 3 AND 74. BEING 4 FEET ON EACH SIDE HEREOF. IS FOR ME BENEFIT CO LOS 73 AND 71 ME OWNERS OF SAID LOTS STAUL. SHARE EWALLY FOR ME COST OF MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THAT RORTION OF ME WALL AND DRAINAGE FACILITIES USED IN COMMON WTHIN SAID EASEMENT_ 39 ME PRIVATE DRAINAGE FACILITY CASEMENT OVER ME SOUTH 4 FEET O LOT 62 AND ME WEST 15 FEET OF LOS 62 THROUGH 75 IS FOR THE BENEFIT OF LOS 62 THROUGH 76, ME OWNERS OF SAID LOS SHALL SHARE EWALLY FOR NE COST OF RECONSTRUCTION OF TUT PORTION OF TIE DRAINAGE FACILITIES USED IN COMMON WTHN SAID EASEMENT OR 40. ME WALL (ROCKERY) WEST OF LOS 73. 74 AND 75 LYING WTHIN TRACT' 15 FOR ME BENEFIT O LOTS 73, 74 AND 75. ME OWNERS OF SAID LOS SHALL SHARE EQUALLY IN ME COST OF MAINTENANCE, REPAIRS OR RECO'SMUUCON OF THAT PORTION OF ME WALL .1 THE SITE DISTANCE EASEMENTS SHOWN ED ON LOS 24 AND 29 ARE HEREBY RESERVED FOR AND GRANT TO CANYON CREEK HOMEOWNERS ASSOCIATION SAID HRVEOMNERS ASSOCIATION IS HEREBY RESPONSIBLE FOR INSURING THAT ME AREA WTHIN ME SIGHT DISTANCE EASEMENT SHALL BE KEPT CLEAR OF ANY OBSTRUCTON FROM 3 TO B FEET OFF THE GROUND dr °, °•WW y 11711.]8]7 Bellevue, WOTAInpNn 98007 ®� 1d71I W h(H Pl. Suee 07 Fax W2J.BBJ.7MBJ DESIGN OWAm ND ENGINEERING • PLANNING • SURVEYING JOB NO. 13045 ORD.B Page 79 of 225 CANYON CREEK AT PEASLEY — DIVISION I SHEET OF 11 A PORTION OF THE NE 1/4, NE 1/4 AND SE 1/4, NE 1/4 OF SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M. CITY OF AUBURN, KING COUNTY, WASHINGTON CITY OF AUBURN PUBLIC EASEMENT PROVISION ALL PUBLIC STORM ORAINACE EASEMENTS AS SHOWN ARE HEREBY.GRANTED AND CONVEYED TO THE CITY OF AUBURN, A MUNICIPAL CORPORATION OF KING AND PIERCE CPI NGTON, 115 SUCCESSORS AND A551GNS. A PERPETUAL NONEXCLUSIVE EASEMENT UNDER, DAR, THROUGH RD ACROSS THE REAL PROPERTY AS DESCRIBED HERON FOR THE 'URP uIN4 INSTAUUNG. AND CONVEYNC STORM DP ACE A LAYINGSESMAIVTAINING.IINBTAWNG. CONVEYING. STORING, MANAGING, AN p FACILITATING STORM RO SURFACE WATER. PER ME ENGINEERING PLAIN BY ME CITY OF AUBURN FOR MIS PLAT, TOGETH ER W N ME ABSOLUTE RIGHT, AT ALL TIMES AS NECESSARY FOR IMMEDIATE ACCESS (INGRESS RD EGRESS), TO ENTER SAID EASEMENT FOR THE PURPOSE OF INSPECTING. OPERATING, MAINTAINING. REPAIRING. RECONSTRUCTING. AND IMPROANG ME STORM DRAINAGE FACILITIES CONTA"ED THEREIN WNOVT NCURRINO ARY LOCAL OBUCATION OR UASIUTY THEREFORE NE CITY OF AUBURN SHALL HAVE THE ABSOLUTE RIGHT TO PLACE ANY TYPE OF DRIWNC SURFACE WHIN STUD EASEMENT AREA DEEMED NECESSARY BY ME CITY OF AUBURN. ME OvMER1 OF SID PR VALE PROPERTY SHALL NO IMPEDE AGCE65 AND EGRESS TO OR FROI SAID EASEMENT AREA, AND /OR IN ANY WAY BLOCK, RESTRICT OR IMPEDE FULL USE OF ME REAL PROPERTY MMIN ME ABOVE DESGRIBED EASEMENT AREA BY THE CITY OF AUBURN FOR ME ABOVE DESCRIBED PURPOSES. NO BOLDING WALL, ROCKERY, FENCE, TREES. OR STRUCTURE OF ANY KIND SHALL BE ERECTED OR PLANED, NOR SHALL ANY FILL MATERIAL BE PLACED TMMINR MOUE BOUNDARIES OF SAID S EASEMENT AREA, WMOU' ME EXPRESS NRITTEN.CONSENT OF ME CITY OF AUBURN m IT F AUBURN PERMISSION. THE O ARMS OF SID PRIVATE PROPERTY III FENCE ACROSS SAID IN ASEMENT AREA ANDD ONGATEOS ME BOUNDARIES OF SAID EASEMENT AREA, PROICEO THAT A GA. IS FULL THE USE OF. AND ACCESS AND EGRESS TO AND FROM THE REAL PRO- ERTYN"THINNTHE EASEMENT AREA WIF SAID GATE IS TO BE LOCKED, KEYS SHALL BE PROVIDED TO ME CITY OF AUBURN ND EXCAVATION SHALL BE MADE WNIN THREE (3) FEET OF SAID STORM DRAINAGE FACILITIES AND THE SURFACE LEVEL OF THE ..ROOD AIINN THE EASEMENT AREA SMALL BE MAINTAINED AT THE ELEVATIONS AS CURRENTLY SINTING ME OWNERS OF SAID PRIVATE PROPERTY GRANTS TO ME CITY OF AUBURN THE RIGHT OF INGRESS RD EGRESS TO ME EASEMENT AREA OVER AND ACROSS ALL PAVED, GRAVELED, OR OTHERISE IMPROVED DRIVEWAYS OR PARKING LOTS WTHIN ME PARENT PARCEL. IF DIRECTED ACCESS TO THE EASEMENT AREA IS NOT AVAILABLE FROM SUCH DRIVEWAYS OR PARIINO LOTS, MC CITY OF AU INGRESS AND EGRESS SHALL INCLUDE SUCH OMCR AREAS OF M E PARENT PARCEL AS THE CITY OF AUBURN DETERM NES ARE NECESSARY TO ACCESS ME EASEMENT AREA FROM SUCH GRIVEWAYS AND PARKING LOTS OR FROM ME PARENT PARCELS BOUNDARIES IN ME CASE OF ANY DAMAGE OR DISRUPTION OF THE PARENT PARCEL, ME CITY OF AUBURN SHALL RETURN ME PROPERTY TO A CONDITION REASONABLY COMPARABLE TO IN CONDITION AS IT EXISTED IMMEDIATELY BEFORE ENTRY AND/OR WORK WAS MADE THEREON BY ME QTY OF AUBURN OR ITS AGENTS ME OWNERS OF SAID PRIVATE PROPERTY ADDITIONALLY LP— LO ME CITY OF AUBURN, THE USE OF SUCH ADDITIONAL AREA IMMEDIATELY ADJACENT TO SAID EASEMENT AREA AS SNALL BE REOURED FOR ME CONSTRUCTION, RECONSTRUCTON, MAINTENANCE AND OPERATION OF SAID STORM DRAINAGE FACILLFES ME USE OF SUCH ADDITIONAL AREA SHALL BE HELD TO REASONABE MINIMUM AND IN ME ASE OF ANY DAMAGE OR DISRUPTION OF ME PARENT PARCEL, ME OF OF AUBURN SHALL KERN ME PROPERTY To A CONDITION REASONABLY COMPARABLE TO ITS CODITIO4 A S IN ADDITION TO ME OMER RESTRICTONS HEREIN. IT EUSIED IMMEDIATELY BEFORE ENTRY ND/OR WMK w MADE THEREON BY ME CITY OF NIFUNNI ITS AGENTS. I, THE OWNERS OF SAID PRIVATE PROPERTY SHALL NOR CxVEY TO A THIRD PARTY ANY EASEMENT OR OTHER RIGHT OF ME EASEMENT AREA THIS EASEMENT AND COVENANT SHALL RUN MN ME PARENT PARCEL AND IS BINDING ON ME OWNERS OF SID PRIVATE PROPERTY, THEIR HEIRS, SUCCESSORS AND ASSTONS PRIVATE DRAINAGE AND FRENCH DRAIN SYSTEM PROVISIONS I. THE FRENCH DRAIN SYSTEMS ON INDIVIDUAL LOTS IS PRIVATE AND EXCLUSIVE FOR EACH LOT Il OCCUPIES- ME WNER(S) OF EACH LOT IN A FRENCH DRAIN SYSTEM IS HEREBY RESPONSIBLE FOR ME COST OF MNNTEAANCE REPAIRS OR RECONSTRUCTION FOR THEIR RESPECTIVE FRENCH GRAIN SYSTEM, THE FRENCH GRAIN SYSTEM ON TRACT 8 IS PRIVATE AND EXCLUSIVE FOR TRACT B. ME CANYON CREEK HOMEOWTIERS ASSOCIATION 15 HEREBY RESPONSIBLE FOR THE COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION FOR THAT RLEPECIIC FHLNCH DHNN SYSEAR v17 ST NO 3 W 2 (SEC NOTE I. SHEET 3)AALONC S ]22ND STREET IS FOR THE BENEFIT OFNLOTS I, 2 AND 3 THE OWNER(S)AOF LOTS 1 2 AND 3 ARE HEREBY RESPONSIBLE FOR ME MAINTENANCE AND SHALL SHARE EQUALLY Iv HE COST FOR MAINTENANCE, REPAIRS OR RECONSTRUCTION FOR ME SHARED PRIVATE STORM DRAINAGE SYSTEM 3 VATC STORM DRAINAG SYSIE ON LOTS A RD D mMlx T 0 FOOT PRIVATE uTL EASEMENT (SEE 1, SHEET 3) ALONG 5 ]22NDESMEETMIS FOR ME BENEFIT OF LOTS 4. 15 AND 6 ME OWNER(S) O LOTS 4, 5 AND 6 RE HEREBY RESPONSIBLE FOR ME MAINTFNANCF AND SHALL SHARE EQUALLY IN THE COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION FOR ME SHRED PRIVATE STORM DRAINAGE SYSTEM, A. NTEnTONALLY LEFT BLANK v— STORM DR ACE SYSMA ON LOT 7 TY EASEMENT (SEE NO E 1, 5 SHEET 3) ALONG S. 322ND STREET-IN FOR ME BENEFIT OF LOT 7FOME OM ER(N)TOF LOT 7 IS HEREBY RESPONSBE FOR ME COST OF MINTENANE, REPAIRS OR RECONSTRUCTION FOR ME SHARED PRIVATE STORM DRAINAGE SYSTEM 6 NE PRIVATE STORM DRAINAGE SYSTEM ON LO15 8 AND 9 WMIN ME ID FOOT PRIVATE UTILITY EASEMENT (SEE NOTE 1, SHEET J) ON 5. J22ND STREET IS FORM O FUTURE ADANwC LOT IN NACT'A. ME OWNERS OF LOTS It 9 AND FUTURE ADJOINING LOT EARE HEREBY RESPONSIBE FOR ME MAINTENANCE AND SHAE SHARE EWALLY IN ME COST OF ARRTENSrvC£. REPINE OR RECONSTRUCTION FOR ME SHARED PRIVATE STORM DRAINAGE SYSiEN, 7. ME PRIVATE STORM DRAINAGE SYSTEM ON LOTS 10 AND 11 WHIN ME 10 FOOT PRIVATE UTUTY LASEMENT (SEE NOTE I, SHEET 3) ALONG S. 322ND STREET AND ON COURT SOUTH IS FOR ME BENEFIT OF LOTS 10 AND II. ME OMNERN) OF LOTS 10 AND 11 ARE HEREBY RESPONSNLE FORM OF MAINTENANCE, REPAIRS CR RECONSTRUCTION FOR THE SHARED PRIVATE STORM DRAINAGE SYSTEM. T TE B THE PRIVATE STORM DRAINAGE SYSTEM ON LOTS 12, IJ AND 14 MFIN ME 10 FOOT PRIVATE UTILITY EASEMENT (SEE NOTE I, SHEET 3) ALONG 48M COURT SOUTH IS FOR NE BENEFIT OF LOTS 12, 13. 14 AND IS THE OMER(S) OF LOTS 12. J. T4 IA 0 15 ARE HEREBY RESPONSIBLE FOR THE MANTENANCE AND SHALL SHARE EQUALLY IN THE COST OF MAINTENANCE, REPAIRS OR RECONSTRUCTION FOR THE SHARED PRIVATE STORM DRAINAGE SYSTEM 9, ME PflIVATE STORM DRAINAGE SYSTEM ON LOTS 17 AND 18 WNIN THE 10 MOT PRIVATE UTILITY EASEMENT (SEE AND IB ALONG 48N RESPONSIBLE QFOR SOUTH ME IS FOR F-E NTENA CE AND ESIHALLL 'HARE ED ALLY LINT THE COST (0)F OF LOTS 17 MAINTENANCE. REPAIRS OR RECONSTRUCTION FOR THE SHARED PRIVATE STORM DRAINAGE SYSTEM, 10- ME PRIVATE STORM DRAINAGE SYSTEM ON LOTS 20 AND 21 MMIN ME 10 FOOT PRIVATE UTILITY EASEMENT (SEE NOTE I. —ET 3) ALONG ABM COURT SOUTH IS FOR ME BENEFIT OF LOTS 20 AND 21 THE OMER(S) OF LOTS 20 AND 21 ARE HEREBY RESPONSIBLE FOR ME MAINTENANCE AND SHALL SHARE EQUALLY IN THE COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTON FOR THE SNARED PRIVATE STORM DRAINAGE SYSTEM. 11 THE PRIVATE STORM DRAINAGE SYSTEM ON LOTS 22 AND 23 MMIN ME 10 F007 PRIVATE UTILITY EASEMENT (SEE NOR 1, SHEET 3) ALONG S. 322ND STREET 15 FOR THE BENEFIT OF LOTS 22 AND 23 ME 0 -ER(5) OF LOTS 22 AND 2J RE MCREBY RESPONSIBLE FOR ME MAINTENANCE AND SHALL SHARE ECJALLY IN ME COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION FOR THE SHARED PRIVATE STORM DRAINAGE SYSTEM CITY OF AUBURN FH.E NO. PLAT 15 -0002 PRIVATE DRAINAGE AND FRENCH DRAW SYSTEM PROVISIONS — CONTINUED 12 ME PRIVATE STORM DRAINAGE SYSTEM ON LOTS 24 W THIN ME 10 FOOT PRIVATE UTILITY EASEUENT (SEE NOTE I. SHEET 3) ALONG 47TH AVENUE SOUTH IS FOR ME BENEFIT OF LOTS 24 AND 25, ME OMNER(S) OF LOTS 24 AND 25 ARE HEREBY RESPONSIBLE FOR ME MAINTENANCE AND SHALL SHARE EQUALLY IN THE COST OF MAINTENANCE. REPIRRS OR RECONSTRUCTION — THE SHARED I— STORI DRAINAGE SYSTEM 13 THE PRIVATE STORM DRAINAGE SYSTEM ON LOTS 25, N AND 27 ITHIN ME 10 �OOT PRIVATE UTIUTY EASEMENT (SEE NOTE I, SHEET 3) ALONG 47TH AVENUE SPUN IS FOR ME BENEFIT OF LOTS 25,.26. 27 AND 2& ME OMNER(S) OF LOTS 25. 26. 27 AND 28 ARE HEREBY RESPONSIBLE FOR ME MAINTENANCE AND SHALL SHARE THE COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION FOR THE SHARED PRIVATE STORM DRINAGE SYSTEM N 14 THE PRIVATE STORM DRAINAGE SYSTEM ON LOTS 28 AND 29 WMIN ME 10 FOOT PRIVATE UTILITY EASEMENT (SEE NOTE 1, SHEET 3) ALONC 47M AVENUE SOUTH IS FOR ME BENEFIT OF LON.28 AND 29. ME OMNEP(S) OF LOTS 28 AND 29 ARE HEREBY RESPONSBE FOR THE MAINTENANCE AND SHALL SHARE EQUALLY IN ME COST O MAINTENANCE, REPAIRS OR RECONSTRUCTOR FOR ME SHARED PRIVATE STORM DRAINAGE SYSTEM IS ME PRIVATE STORM DRAINAGE SYSTEM ON LOTS 29, 30, 31 AND 32 WNIN ME 10 FOOT PRIVATE UTUTY EASEMENT (SEE NOTE 1. SHEET 3) ALONG SOUTH 323E III IS FOR THE BENEFIT OF LOTS 29. 10, 31 AND l2. ME OWNERS) OF LOTS 29, 30. 31 AND 32 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE AND SHALL SHARE SQUALLY IN ME COST OF MANTENANCE, REPAIRS OR RECONSTRUCTOR FOR ME SHARED PRIVATE STORM DRAINAGE 16 (SEE NOTE 1. SHEET J) ALONG SOUTH 32380 STREET IS FOR THE BENEFF OF LOTS 33P 3. A AND 35.T THE EASEMENT GANEF(S) OF LOTS OF M NTENA CE. AND OR HER FOR ME MAINTENANCE AND SHAUL SHARE LLT IN THE COST THE SHARED PRIVATE STORM DRAINAGE SYSTEM 1 7 THE PRIVATE STOR DRAINAGE SYSTEM ON LOTS 38 AID 39 mTn T N E 10 FOOT PRIVATE UYLITY EASEMENT N. NOTE I. SHEET 3) At NO IBM AVENUE SOUTH IS FOR THE BENEFIT OF LOTS 3B, 39 AND 40. ME OwNEN(5) OF LOTS 38. 39 AND W ARE HEREBY RESPONSIBLE FOR ME MAINTENANCE RD SHALL SHARE EWALLY IN ME COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION FOR ME SHARED PRIVATE STORM DRAINAGE SYSTEM. 1 E PRIVATE STORM DRAINAGE SYSTEM ON LOTS 40, •I ANO 42 MTHIN THE 10 FOOT PRIVATE UTUTY EASEMENT e (SE NOTE 1, SHEET 3) ALONG 48N AVENUE SCN IS FOR ME BENEFIT OF LOTS 40, 41 AND 42. ME OVMERN) OF ON 40. 11 AND 42 ARE HEREBY RESPONSIBLE FOR ME MAINTENANCE AMC SHALL SHARE EQUALLY IN THE COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION FOR ME SHARED PRIVATE STORM DRAINAGE SYSTEM. 1 S11XRM DRAINAGE SYSTEM ON L01S 43, • U FOOT PRIVATE UDUTI EASEMENT 9 (SEE PNOTE I. SHEET 3) ALONG ON AVENUE SOUTH IS FOR THE BENEFIT OF (LOTS 43, 44 AND R. ME OWNERN) O D 45 ARE LOTS HEREBY REEPONE BE FOR ME MINTENRCE 5 SHARE AL N ME COST OF MAINTENANCE pREPAIRS OR RECONSTRUCTION FOR ME SHARED PRIVATE STORM DRAINAGE SYSTEM. 20. ME PRIVATE STORM DRAINAGE 5YSTOM ON LOTS 49. 50. 51 AND 52 WHIN ME 10 FOOT PRIVATE UTUTY EASEMENT BENEFIT (SEE NOTE E (5) OF LOTS 49O.N51 TnnOT52 ARETHpREBY AVENUE RESPONPBLE FOR 0R THEE MARIE NICE 51 AND 92. EWALLr Iry ME COST OF MANTENANCE, REPAIRS OR RECONSTRUCTION FOR ME SHARED PRIVATE STORM DRAINAGE 21 NE PRIVATE STORM DRAINAGE SYSTEM ON LOT 53 WHIN ME 10 FOOT PRIVATE UTILITY EASEMENT (SEE NOTE I, SHEET 3) ADJOINING TRACT 'H' IS FOR ME BENEFIT OF LOT 53 ME CANER(S) OF LOT 53 IS HEREBY RESPONSIBLE FOR ME COST OF MAINTENANCE, REPAIRS M RECONSTRUCTION FOR ME SHARED PRIVATE STORM DRAINAGE SYSTEM 22 ME PRIVATE STORM DRAINAGE SYSTEM ON LOT 54 WHIN THE 10 FOOT PRIVATE UTILITY EASEMENT (SEE NOTE I, SHEET_ 3) ADJOINING TRACT 'H' IS FOR ME BENEFIT OF LOT 54 ME OVMERN) OF LOT 54 15 HEREBY RESPONSIBLE FOR ME COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION FOR ME SHARED PRIVATE STORM DRAINAGE SYSTEM, 23 THE ON LOTS :5 UTILITY EASEMENT (SEE NOTE P 1. SHEET T3) ALONG SOUTH 323RD STREET IE FOR ME BENEFIT OF LOTS 53 AND 56. ME OMNER(5) OF LOTS 55 AND 56 ARE HEREBY RESPONSIBE FOR THE MAINTENANCE AND SHALL SHARE EOUALLY IN ME COST OF MAINTENANCE, REPAIRS OR RECONSTRUCTION FOR ME SHRED PRIVATE STORM DRAINAGE SYSTEM 24 THE PRIVATE STORM DRAINAGE SYSTEM ON LOTS V. 58 AND 59 WHIN THE 10 FOOT PRIVATE UTILITY EASEMENT ( (SEE NOTE 1,5 HEFT JS ALONG HSo" 13323RD STREET IS FOR ME BENEFIT OF LOTS 5L, 50 AN 59 THEI CMORN) AN. OF MAINIENANCE.YREPAIRS OR RECONSTRUCTION FOR SHARED PRIVATE STORM ORAINAG SYSTEM, 25 THE PRIVATE STORM DRAINAGE SYSTEM ON LOTS EO AND 61 WTHw THE 10 FOOT PRIVATE UTILITY EASEMENT (SEE NOTE 1, SHEET 3) LONG SOUN5323RD STREET IS FOR ME BENEFIT OF LOTS AND 61. ME OWNER(SOOF LOTS MAINTENANCE. THE MAINTENANCE AND GlAU- FOR ME SHARED PRIVATE STORMRDRAINAGEYSYSTEM COS F 25 THE PRIVATE STORM DRAINAGE SYSTEM OM LOTS 62. 63 AND 64 WNIN THE IO FOOT PRIVATE UTUTY EASEMENT _ (SEE NOTE 1, SHEET 1) ADJOINING TRACT W IS FOR THE BENEFIT OF LOTS 62 63 RD 64 ME OvMERN O< LOTS 62,- 63 AND 64 RE HEREBY RESPONSIBLE FOR THE MAINTENANCE AND SHALL SHARE EQUALLY IN ME COST OF MAINTENANCE. REPAIRS OR RECONSTNCFON FOR ME SHARED PRIVATE STORM DRAINAGE SYSTEM. 27 THE PRIVATE STORM DRAINAGE SYSTEM ON LOTS E5. 66 AND 62 WHIN ME 10 FOOT PRIVATE UTILIIY EASEMENT (SEC NOTE 1. SHEET 1) ALONG 411 AVENUE SOUTH 1S FOR ME BENEFIT OF LOTS 65, fib AND 67. 1E OWNER(S) O LOTS 65, BE AND 67 ARE HEREBY RESPONSIBE FOR ME MANTENANE RD SHAH SIRE EWALLY IN ME COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION FOR ME SHARED PRIVATE STORM DRAINAGE SYSTEM. 28 THE PRIVATE.STORM DRAINAGE SYSTEM ON LOTS 68. 69 AND 70 WM1K THE 10 FOOT PRIVATE UTUTY EASEMENT NET OTS 69, 70 AND 71 ARELHEREBY RESPONSIBLE FOR THE ONMINTENANCE RD SHALL SHARE EWALLY NF THE COST GE OF IS MAINTENANCE, REPAIRS OR RECONSTRUCTION FOR ME SHARED PRIVATE STORM DRAINAGE SYSTEM, 29 ME PRIVAM STERN DRAINAGE SYSTEM ON LOTS 71, 72 AND 73 MMIN ME 10 FOOT PRIVATE UTILITY EASEMENT (SEE No" I. SHEET 3) ALONG 47TH AOIUE ECM IS FOR ME BENEFT OF LOTS 71, 72, 71 AND 74. NE OWNER(S) OF LON 72, 73 AND 74 ARE HEREBY RESPONSIBLE FOR ME MAINTENANCE AND SHALL SHAPE E.— IN ME COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION FOR THE SHARED PRIVATE STORM DRAINAGE SYSTEM. 30. THE PRIVATE STORM DRAINAGE SYSTEM ON LOTS 74, 75 AND 76 MTHIN THE 10 FOOT PRIVATE UTUTY EASEMENT (SEE NOTE I, SHEET 3) AD.gNNG TRACT 'A' 15 FOR ME BEREFT OF LOTS 74, 75 AND 78. ME ONNERN) OF LOTS 74, 75 AND 76 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE AND SHAE SHARE EQUALLY IN ME COST OF MAINTENANCE, REPAIRS OR RECONSTRUCTION FOR ME SHARED PRIVATE STORM DRAINAGE SYSTEM- o,AY9 �...P� �® �7 i ,11 . I N,E. 29TH PI. S 98 07 ol _ fF (n��JPE ir•• Bellevue, WHVhlnRlm 98007 '4P YF `7 425885.7877 FDA 425.8657963 %� � /DESIGN ENGINEERING • PLANNING • SURVEYING JOB NO. 13045 ORD.B Page 80 of 225 CANYON CREEK AT PEASLEY - DIVISION I SHEET 5 OF 11 A PORTION OF THE NE 1/4, NE 1/4 AND SE 1/4, NE 1/4 OF SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST, Wm CITY OF AUBURN. KING COUNTY, WASHINGTON VICINITY NAP / SHEET INDEX (N.T.S.) LOT ADDRESSING LOT NO HOUSE NUM EN STREET NAME ]23.39 32150 32'75 4]M AMNUC SWM 3 48M AVENUE SWM NIM AKNUE SOUTH OU11M 322ND STREET EOLDA D SWEET 5 B 4386 4192 SCUM 32ND STREET SOUTH 322ND SHEET B 4604 4612 SCUM 3221D SWEET m11M J22ND SWEFL 10 4@O 12208 SOUTH 322ND SHEET 481H COURT SWM 12359 Onw M CORM -IN +BM CDURI SWM 1. >T2161 4em COURT MM IN 32298 46TH COURT SIAM IB 12251 G TH 4BM COURT SdIN 19 2C 122]9 32225 4BIH COURT -IN -IB1N COURT BRAIN 21 22 12211 4Jfi3 IBM COURT SWM SCUM 322ND SWEET 21 4141 SWM 322ND STREET 25 322]2 .1. 47TH AKNUE "UM 47M ANONUL SON. 27 32248 47N ANENUC SSUM 29 JD 4109 4]20 SOUMAI2GRD STREET SOUM 32381) STREET 11 12 4]32 4]u SCUM 323RD STREET SWM 323RD SWEET !3 J4 4]58 4188 BOOM 323RD STREET SWM 31MD STREET 38 G, aB 0 SCAM 323RD STREET SCOM D GMGG1 19 33326 UTHH 1N RuEMNIR SOT AD ]23.39 32150 45M AVENUE SCUM 4BM MI, SCUM 42 43 32382 - -323]4 48M AVENUE SWM NIM AKNUE SOUTH 45 12386 !2198 4BM AKNUE SOUTH 4fi 12117 481NI AVENUE SWM 0 12195 4BM AKNUE SCUM 50 12359 4BM AKNUE SCUM IBM! AVENUE SCUM 52 53 32355 11153 4B1 AVENUE SWM 48M AVENUE SWM 54 55 121S1 I'll 46M AVENUE SCUM SCUM 323RD SWEET 56 51 1717 BALM 32380 SMEE' 5B 59 412] SWEET SCUM 3238° CT- N 32311 WEE' 47M AVENUE SOUTH 8! 32115 47M AVENUE SCUM 64 BS !1107 32269 47M AVENUE SOUTH IM AVENUE SOUTH fib 67 47M AVENUE SCUM 471M AVENUE SWM 66 1 32245 471M AVENUE SWM 7. ]0 ]2229 4IM AKNUE SCUM 12 1121] 47N SWM )4 15 !2197 12169 4IM AVENUE SWM 47THANUE SOUTH J6 ]] :2181 5011 4IM AVENUE SOUTH SOLVID 5T SMCEI BASIS OF OF BE��GS NOVI VIE. BEPMEx ME NORTHEAST CdHER AND ME EAST WARIER COMER OF SECTOR IS -21 -041 REFERENCES 1. REPoORO xc 1N9URVEY ASSECORDEDN -NE 115 OF SUMIYS. AT PAGE 287, UNDER 2 RECORD OF SURKY AS RECORDED N TRIUNE 124. PAGE -73A. UNDER RECORDING NUNBEP U -29W1. 5 RWOBOR`D.AIM�GW51 Y A5 9ECON[D N WAL11R N6. PAGE 1 -159. INDER RECORDING NUMUd 4 PLAT 1% MST AUBURN FINE ACRE TRACTS AS RECORDED IN NMUMC 15 O PLATS. AT PACE 12. 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SHEET 3 O PRIVATE WALL AND STORM DRAINAGE EASEMENT, SEE SHEET 3 © PRIVATE STONM EASEMENT, SEE SHEET 3 pO PJBLIC ACCESS AND UTILITY EASEMENT TO THE CITY OF AUBURN, 7 E PJBLIC ACCESS. WA DRUNE (WLE). SANITARY SEWER ISLE) EASEMENT TO LAKE -14 UTLITY DISITRICT, SHEET SHEET 2 TRACT B 1 s6 0.55W Y32 -W 14500 DETAIL ,B SLUE I" - 10 ENGINEERING • PLANNING • SURVEYING I JOB NO_ 13045 ORD.B Page 83 of 225 14)1IN.E.29111PI. $ 11 COR E 98101 BeIlvrMe, waAin9rvn 9800 /DESIGN 425.8B5.J8- Fax 425.685.7963 ENGINEERING • PLANNING • SURVEYING I JOB NO_ 13045 ORD.B Page 83 of 225 CANYON CREEK AT PEASLEY - DIVISION I A PORTION OF THE NE 1/4, NE 1/4 AND SE 1/4, NE 1/4 OF SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M. 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SCALE - 0 (R) RADIAL BEARING pp • SET RE —21- / acBAa vnTH YELLOW vusTC cnv STAMPED EASEMENT LEGEND ]w SET LEAD/TACK WIM I' BRASS WASHER 'CORE 40021" O PRIVATE UTILITY EASEMENT, SEE EASEMENT NOTE 1. SHEET J, ow. �vA�e °BA.y.K ` 14111 NE. 29M PI. $PNe 101 ON TOP CURB, On PROPERTY LINE E[TENTED 10 _ Bellew•, Washn - 9800] OTHERWISE NOTED ]D, UNLESS O PRIVATE WALL AND STORM DRAINAGE EASEMENT, SEE SHEET ] ®O D. 425 BBS>B >J Fe. 425 BBS 3963 SET MONUMENT IN STANDARD KING COUNTY CASE C PRIVATE STORM EASEMENT, SEE SHEET J. DESIGN (FNI PRIVATE FRENCH DRAIN k STORM PRO15ION SEE NOTE d. B IC ACCESS AND uRUtt EASEMENT TO THE CITY OF AUBURN �......w��i' dw/ SHEET 4� OsEELSHEETd PD�AOwML LAT+°• ENGINEERING • PLANNING SURVEYING CITY OF AUBURN FILE NO. PLAT 15 -0002 JOB FI 13045 ORD.B Page 84 of 225 CANYON CREEK AT PEASLEY - DIVISION I A PORTION OF THE NE 1/4, NE 1/4 AND SE 1/4, NE 1/4 OF SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M. 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UNLESS OTHERWISE NOTED- Q.. 425.885.7877 F.A 425.885.7969 -• J4•m'S DESIGN SET MONUMENT N STANDARD KING COUNTY CASE. sJ�wn� (F /) PRIVATE FRENCH GRAIN & STORM PRONISION SEE NOTE A. SHEET 4 ELI ENGINEERING • PLANNING • SURVEYING CITY OF AUBURN FILE NO. PLAT 15 -0002 JOB NO. X3045 ORD.B Page 86 of 225 lszla4 -9zr1 x06ds'S6 "W 11554 8 9'.01•w les6 6.b SEE SHEET 9 ■ � ` x $a w ei I g Si= s,n (Fan Y 5b n x88'45'56 "W 11558 TRACT I sa a (Fn Ul srµ) R� S,)m0 sF , ,9nr SEE 7 x o R 8 ON SHEET 2 6 (F2D) 1156; £ N - N884556'N 150,62 X011 N w 48 w a W (F20) I511,04 -911B s �c �rl1S ~'� 25' NBB15'2TW 12260 &5118 vAE 1 — y jl 2}~ =16T 05 D OTIT Ll =1 - Atl"4556'W U317 i'� A3'45 L .y TRACT xOIE 6 ^ ® 1115 W Sr nZ (OPEN505PACE)/ / / e= 29'15A ry 6 / / pq / Tn N8996'2]'W 14892 " \ TOO' a9'082TW 154 92 % / 41 \\ S 3211H SIREEi (vACA1ED) 10'4, \ "� 350 7 _ 6.a9 y1 b' -DE PUBUC RIIHT- _ a -WAY NOCAIE9 PW CITY Or .WORN .D'xAH 6]W, \ / . ACC. ND 2WStION NHT5 Imvro+x a ON ENT —_/ _AND SPEtlAI NDIE W 54CR 5 \\ N]194'Od'E (R) SEE SP 181019, 5 Wb ry•�/ // 'SEE xoTE IJ SIT z SEE SHEET 6 S.m \ \'� GENE, SO F F QQ PRIVATE UTILITY EASEMENT, SEE EASEMENT NOTE I. SHEET 3 �\ �/ / Q G LI9�,LE1111JII1 PNIVATE Ill AND STDRM DRA-GE EASEMENT, SEE SHEET 3 \V 6, A / 4y © PRIVATE STORM EASEMENT. SEE SHEET 3 's y N99p6'01'W FF O PUBUC ACCESS AND VOUTY EASEMENT TO THE CITY OF AUBURN pYY �. \\ / / TRACT E x09136 NB996'01•W 115.. SEC SHEET 4 .."N N Y� 50aY6'05T (R) (SEE TRACT FENCE DETAIL SHEET 11) O PUBLIC ACCESS, WATERLINE (MILE), DISTRICT SEWER SHEET b EASEMENT E UNEHANEN U LI DIANITAR SHEET SHEET 2, \ \ \Y LEGEND WISH-11 -11 \ �e �L \ \\ COA CITY OF AUBURN \ ID 6 \\ INGRESS EDRESS A UTILITIES *a PIN— IONT -USC a SCALE: 1 "= 40' INY59 CASEMENT 20 0 60 (R) RADIAL BEARING \' .Nj ��PER SE 161019 SET 1/2' %24" REBAR'M TH YELLOW PLASTIC CAP STAMPED Sp REC NO BW52W164 w "CIX6E 40021" \ 1155 �'�P.L. �P r�,'EF''�ry�7�//1I12�� 19111 NE 21111 SUih 101 NE SET LEAD /TACK W TH I BRASS WASHER 'CORE 90021' o lJ ULY Bellevue. Was1.W., 98007 ON TOP CURB, ON PROPERTY LINE EXIENGE0 1070. UNLESS OTHERWISE NOTED- Q.. 425.885.7877 F.A 425.885.7969 -• J4•m'S DESIGN SET MONUMENT N STANDARD KING COUNTY CASE. sJ�wn� (F /) PRIVATE FRENCH GRAIN & STORM PRONISION SEE NOTE A. SHEET 4 ELI ENGINEERING • PLANNING • SURVEYING CITY OF AUBURN FILE NO. PLAT 15 -0002 JOB NO. X3045 ORD.B Page 86 of 225 CANYON CREEK AT PEASLEY - DIVISION I SHEET 11 OF 11 A PORTION OF THE NE 1/4, NE 1/4 AND SE 1/4, NE 1/4 OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 4 EAST, AM CITY OF AUBURN, KING COUNTY. WASHINGTON TRACT E SEE SHEET 6 k N P I 3871180 3s]w "E 3x,50 152104 -9127 EXCEPTION 8 .R I fi,99544k 4 Vl _ X8822'37. HOOD t5 30 a m� FI 25' )98654 o \- L I _ EF] / / / �— ^ SEE SHEET 6 �x S. 3241H 5T (VACATED) S 324TH ST W En (NO-) AND SPECIAL. XOIE ON 5hi11 _ O N69'JB'Sl "W X885717'. 19121 0' A Iri _ SEE SHEET 10 TRACT E SEE SHEET 6 k N P I 3871180 3s]w "E 3x,50 152104 -9127 EXCEPTION A xaen7n'w nl_ N D O t5 30 W TRACT N \' — — — _ _ — - — — — . / / / .6W5 JO' WeE PO&1C Rlai -OR -µAT VACATED PER QTYEC A oOICTOCF N0. 6509. ^ SEE SHEET 6 �x S. 3241H 5T (VACATED) AND SPECIAL. 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SHEET 2) 2138 3000 9x25 c5> RVTJJaR x&RIO"7' Of AUBURN, SHUT 2) ; 1; W I 1Po)x O8 sdw0 - 22 .50 5 3741H Si (VACATED) csfi 920 - I— n — — — — — — — — — L41— NES. 21 "I o x0E ru6uc ar ar war rel PER CITY Q AUBURN tliIXNANLE NO 65., \ DO SE1 REIERENC[S6 0, SHE[7 5, GSDIENTIiO BE 'Al NfNJ14E0CUPIXH R -1950 ME RECONCIAG Or 'ACT '0' FINAL P17 AND SPECIL H01E qN SHEET I TRACT 0 STD'2D" BBL -x9m SEE SHEET 6 30' 30• ONE w EJIRIN PAWL me 6 RAmus BEwlxcLnnrA IExcTx C29 DEC 9016'50' 1A W 55400 1� ,_ SCALE: 1" = 50' Ds4 .ISO 1250'10' PA 76 a � 0 25 50 100 E55 30:,50 "'20" 430+ I�v 6 C- 36050 111 -11 _ ® 9]5 i _ SEE SHEET B- Cs] JOS SO 1250'10' 68 A+ fiixq,3.4 /2TB F 5324TH ST LS NELDO'01'w 25. wq„ J00 (PUBUC) 112 5&96'2PE 2402 / zX1� \ ��R =]00 .05'li'SB "L -1043 1 I- —NO ..11'27' L -1030 8]51_ --- _J)2a 6 897 9'51 "W x8]56 x6 E _ \'spa 59� __ 49n•µ -�, - I TRACTO $• •� C \ �N155` -'� E 18926.�'E AREA OJTSLE NAINi NLC TO BE - N69J�2J R 2500 1 P1NE0 BY CAANYON CIdEN AT PEASLEYY HCOLOX11ER5 X0651'46'. f �J] 2J11• S (SEE TRACT NOTE ]. WET 2) Y - I I Iw NROOT19 -W RI^ S PRIVATE JNNT -U4 384 ]9 Y N \ ?\ �V SCALE: 40' \ N 20 AD 00 s 11111"T HER SE _CjS SEE NO D1M14 Dz �I I I -Ic REC NOL 6031] ,x,6, = 8! - nse 4Bb7 _ 172 , RA 1 ]•w }` xsm5 1 5I'9 [x Jw �, EASEMENT TjFGEND O PRIVATE U1ILITY EASEMENT, SEE EASENENT NOTE I, SHEET 3 CITY OF AUBURN FILE NO. PLAT 15 -0002 LEGEND COA CITY OF AUBURN IEU w0KL55. EGRESS N UHUHES (R) RADIAL BEARING v A AB�G_ T 1/x"v2a REBAR — YELLOW PEASNC CAP fiTAUPEO C ` u5 aaaxi �P "LORE 40021" :. ■ SE' LEAD /TACK WITH 1" BRASS WASHER "CORE 40021' p'° f •' ON TOP CURB, ON PROPERTY LINE EXTENDED 10 70'. UNLESS ea AOYI o a� OTHERWSE NOTED ®OA'gLArNO SE' MONUMENT IN STANDARD mNC COUNTY CASE. (F;n PRIVAIL FKENCH ORAIx A, STOPm PROVISION. SEE NOTE M, SHEEP A ,11 I N.E. 291H PI. 5.1N, 101 Ban..ve, w „nmero,l veoo] 425.885.]8]] For e25.885.]P6] DESIGN ENGINEERING • PLANNING • SURVEYING JOB NO. 13045 ORD.B Page 87 of 225 xaen7n'w nl_ N D O \' — — — _ _ — - — — — . / / / .6W5 JO' WeE PO&1C Rlai -OR -µAT VACATED PER QTYEC A oOICTOCF N0. 6509. 0201 EE FE 201510]200 SHE B ON SHE 5. SEE RECTAL. S. 3241H 5T (VACATED) AND SPECIAL. XOIE ON 5hi11 _ O N69'JB'Sl "W - SEE SHEET 10 / \4 x]9_Bnif[___ ase1- -- L-- xBS]ds9w- ____N�,30 ]22] 5776 _W N-50D 1 AREA �W4S01*fENCE / 10 �� OARN µ1510E fCNCC i0 BE XMNTAMEO BY CANYON CREEK AT nWEOxNERS A66a0Anon TRACT S 11 1 BY Fi LYON LA[EH HONEONNERS 8 - V 0 A fW / µ5S 90,x / .` (SEE 1RALi NOTE ], SHEEP 21 EBEETR IIOE.WO¶ 1 I A550CIARON (SEE TRACT \ (SEE TRACT NOTE 7, SH12) AREA INSIDE PENCE TO BE 1 I6 NOTE ]. SHEET 2) ^\ / N,WTMNED BY CITY TRACT E FENCE DETAR. (SEE TRACT NOTE ] Of AUBURN, SHUT 2) ; 1; ,ay 6B4T805•f ;RL���/ U"1� zX1� \ ��R =]00 .05'li'SB "L -1043 1 I- —NO ..11'27' L -1030 8]51_ --- _J)2a 6 897 9'51 "W x8]56 x6 E _ \'spa 59� __ 49n•µ -�, - I TRACTO $• •� C \ �N155` -'� E 18926.�'E AREA OJTSLE NAINi NLC TO BE - N69J�2J R 2500 1 P1NE0 BY CAANYON CIdEN AT PEASLEYY HCOLOX11ER5 X0651'46'. f �J] 2J11• S (SEE TRACT NOTE ]. WET 2) Y - I I Iw NROOT19 -W RI^ S PRIVATE JNNT -U4 384 ]9 Y N \ ?\ �V SCALE: 40' \ N 20 AD 00 s 11111"T HER SE _CjS SEE NO D1M14 Dz �I I I -Ic REC NOL 6031] ,x,6, = 8! - nse 4Bb7 _ 172 , RA 1 ]•w }` xsm5 1 5I'9 [x Jw �, EASEMENT TjFGEND O PRIVATE U1ILITY EASEMENT, SEE EASENENT NOTE I, SHEET 3 CITY OF AUBURN FILE NO. PLAT 15 -0002 LEGEND COA CITY OF AUBURN IEU w0KL55. EGRESS N UHUHES (R) RADIAL BEARING v A AB�G_ T 1/x"v2a REBAR — YELLOW PEASNC CAP fiTAUPEO C ` u5 aaaxi �P "LORE 40021" :. ■ SE' LEAD /TACK WITH 1" BRASS WASHER "CORE 40021' p'° f •' ON TOP CURB, ON PROPERTY LINE EXTENDED 10 70'. UNLESS ea AOYI o a� OTHERWSE NOTED ®OA'gLArNO SE' MONUMENT IN STANDARD mNC COUNTY CASE. (F;n PRIVAIL FKENCH ORAIx A, STOPm PROVISION. SEE NOTE M, SHEEP A ,11 I N.E. 291H PI. 5.1N, 101 Ban..ve, w „nmero,l veoo] 425.885.]8]] For e25.885.]P6] DESIGN ENGINEERING • PLANNING • SURVEYING JOB NO. 13045 ORD.B Page 87 of 225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN Phil Olbrechts, Hearing Examiner RE: Auburn Assemblage FINDINGS OF FACT, CONCLUSIONS PLT13 -0006 OF LAW AND FINAL DECISION. INTRODUCTION The applicant requests approval of a preliminary plat for a 154 lot single- family subdivision of a 34.35 acre parcel located on the south side of 321St Street S. between 46th Pl. S. and 51St Ave. S. The applicant also requests approval of four street standard deviations. The preliminary plat is approved with conditions. The street standard deviations are also approved. Approval of the preliminary plat is premised upon the approval of an associated rezone from R5 to R7. The examiner has recommended denial on this rezone request. If the City Council adopts the examiner's denial recommendation, the applicant will have to lower the density of the plat. It will be up to staff to ascertain what process will be necessary to approve such a reduction in density and associated change in preliminary plat design. ORAL TESTIMONY The hearing on the subject preliminary plat application was consolidated with the hearing on the associated rezone request. Please see the rezone recommendation (REZ13 -0003) for a summary of the testimony of the consolidated hearing. EXHIBITS The hearing on the subject preliminary plat application was consolidated with the hearing on the associated rezone request. Please see the rezone recommendation (REZ 13 -0003) for a list of exhibits admitted into the consolidated hearing. FINDINGS OF FACT Procedural: 1. Applicant. The applicant is PNW Home Builder North, LLC. Preliminary Plat P. 1 Findings, Conclusions and Dec' ion Wage of 225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. Hearing. A public hearing was held on the proposed rezone on June 18, 2014 at 5:30 p.m. at the City Council chambers at Auburn City Hall. The hearing was left open through June 30, 2014 because the appeal period for the State Environmental Policy Act ( "SEPA') Determination of Nonsignificance ( "DNS ") did not end until that date. Staff forwarded a SEPA mitigation agreement with the City of Federal Way (Ex. 20) to the examiner on July 1, 2014. Substantive: 3. Site /Proposal Description. The applicant requests approval of a preliminary plat for a 154 lot single- family subdivision of a 34.35 acre parcel located on the south side of 321St Street S. between 46th Pl. S. and 51St Ave. S. The applicant also requests four street standard deviations. The project site is currently primarily undeveloped, with 3 single - family residential structures (1 burnt out) with associated outbuildings. With the exception of the single - family residence located in the northeastern corner of the project site, all other structures will be demolished. The Project's calculated density is 5.69 dwelling units per net acre which is within the density threshold for R7 zone. The base (maximum) density for the R7 zone is 7 dwelling units per net acre. The minimum density for the R7 zone is 5 dwelling units per net acre (ACC 18.07.030). The following lot dimensions are proposed by the Project: Minimum average lot area: 6,388sf Minimum lot area: 4,342sf Minimum lot width: 39 feet (Lot 113) Per the modification (also termed "deviation ") requests ( "Exhibit 14 ") the first dated March 6, 2014, and revised on April 4, 2014, the applicant proposes the following deviations: 1. Reduced Horizontal Curve Radius • Reduce the minimum horizontal curve radius of 333 feet for "Local Residential" roadways as follows: o Road B: in the vicinity of Lot 28, reduce the radius to 60 feet, in the vicinity of Lot 102, Lot 107, and Lot 116, reduce the radius to 100 feet. o Road D: in the vicinity of Lot 53, reduce the radius to 50 feet, in the vicinity of Lot 54, reduce the radius to 150 feet. • Reduce the minimum horizontal curve radius of 544 feet for "Residential Collector" roadways as follows: Preliminary Plat p. 2 Findings, Conclusions and Dec ion Wage of 225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 o Road E: in the vicinity of Tract J, Lot 43 and Lot 45, reduce the radius to 333 feet. 2. Reduce Minimum Tangent between Reverse Curves. • Reduce the minimum tangent length of 100 feet between reverse curves for a "Local Residential" roadway as follows: o Road D: in the vicinity of Lot 53, reduce the tangent length to 33.90 feet • Reduce the minimum tangent length of 150 feet between reverse curves for a "Residential Collector " roadway as follows: o Road E: in the vicinity of Lot 44, reduce the tangent length to 100 feet. 3. Reduced Design Speed for Intersection Sight Distance. • Reduce the design speed for intersection sight distance for a "Local Residential" from the required design speed of 30 mph to the posted speed of 25 mph. • Reduce the design speed for intersection sight distance for a "Residential Collector" from the required design speed of 35 mph to the posted speed of 30 mph. 4. Intersection Spacing. • Reduce the required intersection spacing standard of 500 feet between "Residential Collectors" for the intersections of 46th Place South/Road E and 46th Place South /South 324th Street. The request for multiple transportation - related modifications has been reviewed by the transportation staff and the City Engineer. The City Engineer is recommending approval of all. See "Exhibit 14" for transportation staff analysis and reasons for support. 4. Characteristics of the Area. The subdivision is surrounded by detached single- family homes or vacant lands, all zoned R5, except to the north, which is unincorporated King County 5. Adverse Impacts. As conditioned, there are no significant adverse impacts associated with the proposal. More specifically, impacts are addressed as follows: A. Critical Areas. There are no wetlands or streams located on the project site. Isolated Critical Landslide or Erosion Hazard areas have been identified on the project Site. The overall average slope gradient is approximately 30 %, with isolated areas in excess of 40 %, with a Preliminary Plat p. 3 Findings, Conclusions and Dec' ion Wage ) of 225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 maximum local gradient of approximately 45% located in an isolated area approximately 880 square feet in area. A geotechnical report, Ex. 12, has been prepared to assess project impacts to the geologically hazardous areas. The geotechnical report did not anticipate that the project and associated construction activity will increase the potential for soil instability provided the recommendations of the report are followed. The project site is not in a floodplain. No state or federal candidate threatened or endangered plant and animal species has been identified on the project site. The project site is not located within any shoreline designation. The project site is located in Groundwater Protection Zone 4, requiring implementation of best management practices for water resource protection per ACC 16.10.120(E)(2). B. Drainage. Stormwater management, drainage, and erosion control will be adequately addressed via compliance with City stormwater standards, specifically including but not limited to the City's 2009 Surface Water Management Manual (SWMM), the ACC 13.48 Storm Drainage Utility, and ACC 15.74 Land Clearing, Filling, and Grading. A wetland and unidentified stream are located to the south of the project site. The easternmost portion of the project site drains to the south and into this wetland/stream complex. There are no surface water inputs from the project site to the off -site wetland/stream complex other than sheet flow. At the completion of the project all run -off and stormwater generated on -site will be diverted to a stormwater detention facility located in the southwest corner of the project site. The result of the diversion will create a slight decrease in area within the contributing basin (168.8 acres decreased to 160.39 acres). However, based on the large quantity of water that will continue to move through the basin, and therefore into the wetland/stream complex, the hydrology within the system will be maintained. The 5% reduction of the contributing basin is not expected to negatively impact the wetland/stream complex, nor is it expected to cause significant adverse impacts downstream. 6. Adequacy of Infrastructure and Public Services. The proposal will be adequately served by public infrastructure. Drainage has already been addressed under adverse impacts above. In general, the streets, sidewalks, storm drainage facilities, and sewer mains will be required to meet the City's Design Standards during engineering review and shall be required to meet and implement those standards prior to final plat approval. These facilities will be reviewed as part of the facility extension, grading, and civil plans to be submitted by the Applicant. The following more specifically addresses other infrastructure and services: A. Water and Sewer. Water and sewer service is available from Lakehaven Utility District. The certificates of water availability provided by the Preliminary Plat p. 4 Findings, Conclusions and Dec ion Wage of 225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 applicant only warrant water for 94 lots. The conditions of approval require the applicant to acquire certificates for the 154 lots. B. Transportation. The City's Transportation Division has reviewed the proposal for traffic impacts and found that the final project design adequately addresses all traffic impacts. With one exception, the proposal is found to not create any significant adverse traffic impacts. It is recognized that the residents of the area find traffic to already be too congested. However, what constitutes an acceptable level of congestion is set by the City's adopted level of service ( "LOS ") standards. With one exception, as detailed in the traffic report prepared by the applicant, Ex. 13 (reviewed and approved by the City's Transportation Division), the proposal will not lower LOS for any affected intersections below the minimum LOS set by the City Council. The one exception referenced in the previous paragraph is an intersection that will fall below minimum LOS as a result of the proposed subdivision. According to the traffic report prepared by the applicant, the westbound leg of the 51St Ave S/S 316th St intersection operated at LOS D in 2013. In 2016 it will continue to have an LOS D without the proposed preliminary plat, but will drop to LOSE with the proposed preliminary plat. TR -20 of the Auburn Comprehensive Transportation Plan imposes an LOS D for this type of intersection. TR -19 requires that "new development shall not be allowed when the impacts of the new development on the transportation system degrades the LOS to below the adopted LOS standard... " . However, TR -20 further elaborates that for two way and all way stop controlled intersections (such as the 51St Ave S/S 316th St intersection) that "if LOS falls below the standard [D], analysis and mitigation niay be required in a manner coniniensan °ate with the associated impacts." Staff requested the applicant to prepare an addendum addressing the impacts to the 51St Ave S/S 316th intersection. The addendum notes that staff and the applicant came to agreement that lowering the LOS to E would be acceptable since the impacts of the proposal were very minor, adding only nine p.m. trips to the intersection. Given the minor nature of the impact, it was apparently concluded that the "commensurate" mitigation was no mitigation. The somewhat cavalier treatment that has been afforded to the LOS violation at the 51St Ave S/S 316th St intersection is not justified for this project. Compliance with adopted transportation LOS standards is one of the most important requirements of the Growth Management Act, which requires cities and counties to adopt LOS standards for transportation facilities along with ordinances that "...prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the transportation plan, ..." See RCW 36.70A.070(6)(b)(referred to as GMA concurrency). As noted in the preceding paragraph, TR -20 provides for some flexibility in the ORD.B I I io Preliminary Plat p. 5 Findings, Conclusions and Decn age of 225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 application of the City's LOS standard for the 51" Ave S/S 316, St intersection, but the strict requirements of the GMA call for a strict application of the TR -20 language. Staff and the applicant apparently take the position that a developer can violate LOS any time they pay their proportionate share of traffic impacts and they don't have to do anything if the impact is minor. Such a position would render the GMA concurrency requirement meaningless, since developers are already required to pay for their proportionate share of impacts unless the impact is minor. At the very least, if a development violates GMA concurrency, the proposal should be mitigated to the maximum extent reasonable to prevent the violation. That hasn't been done here. The concurrency violation can likely be entirely avoided by denying the requested rezone to R7 as outlined in the examiner's rezone recommendation. As discussed in the traffic study addendum, the proposed preliminary plat only contributes nine p.m. trips to the 51St Ave S/S 316th St intersection, yet this contribution is enough to make the difference between LOS D and LOS E. The proposed rezone will add 19 single- family homes to the project site, which presumably will be more than enough to account for nine p.m. trips at the 51St Ave S/S 316th St intersection. It appears likely that denial of the rezone will prevent the project from violating concurrency. Even if it doesn't the rezone should still be denied to minimize the violation. If the City Council approves the rezone, then the density of the proposal should be reduced if doing so can avoid violating concurrency while also still satisfying the minimum 5 dwelling unit per acre density requirement of the R7 zone. On another transportation issue, Mr. Vinton raises valid concerns over the proximity of the proposed realignment of 46th Ave to his home (described in more detail in FN No. 1 of the Assemblage rezone recommendation, REZ13- 0003). However, the applicant's nexus to this improvement is too remote to impose any mitigation. The applicant is only dedicating right of way for an improvement that may or may not be built by the City at some time in the future. A city transportation engineer noted that the City would address the impacts to Mr. Vinton when it designed the realignment. The City's position on this issue is noted for the record. C. Sidewalks. Sidewalks will be provided on both sides of all proposed roads and on the side of access tracts that provide access to the homes to provide pedestrian access and connectivity. D. Schools. Adequate provisions for schools are made through the payment of school impact fees at the time of Building Permit issuance for each lot, unless deferred. E. Parks. Adequate provisions for parks are made through the payment of park impact fees at the time of Building Permit issuance for each lot unless Preliminary Plat p. 6 Findings, Conclusions and Dec' ion Wage of 225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 deferred. The proposed Project of 154 lots does trigger the need for dedication of park land per ACC 17.14.100, however, Daryl Faber, Director of Parks and Recreation has stated a payment of impact fees is acceptable in lieu of park land dedication. F. Police and Fire Protection. Police and Fire services will serve the proposed development and will be provided by the Valley Regional Fire Authority and the City of Auburn Police Department. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner. ACC 17.10.050 grants the Hearing Examiner with the authority to review and make a final decision on an application for preliminary plat. ACC 17.18.010(A) grants the Hearing Examiner with the authority to approve modifications to the City's Design Standards with the concurrence of the City Engineer. Substantive: 2. Zoning Designation. R -5 Residential with a rezone application to R7 pending. 3. Review Criteria and Application. ACC 17.06.070 governs the criteria for preliminary plat approval. ACC 17.18.030 governs the criteria for Design Standard deviations. Relevant criteria are quoted below with corresponding conclusions of law. Preliminary Plat Standards: ACC 17.07.070(A): Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools and school grounds. 4. As identified in Finding of Fact No. 5 and 6, the proposal is adequately served by all public services and utilities required in the criterion above. As further determined in Finding of Fact No. 5 there are no adverse impacts associated with the proposal. Given the absence of any adverse impacts in conjunction with adequate public facilities, it is concluded that adequate provision is made for the public health, safety and welfare. ORD.B I I io Preliminary Plat p. 7 Findings, Conclusions and Decn age of 225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ACC 17.07.070(B): Conformance of the proposed subdivision to the general purposes of the Coniprehensive Plan. 5. The staff's analysis of consistency with the comprehensive plan at pages 8 -10 of the staff report is adopted and incorporated by this reference as if set forth in full, except for any portions addressing traffic impacts. ACC 17.07.070(C): Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans that have been adopted by the City Council. 6. The staffs analysis of consistency with any other applicable plans or policies at pages 10 -13 of the staff report is adopted and incorporated by this reference as if set forth in full except for any provisions pertaining to transportation LOS. ACC 17.07.070(D): Conformance of the proposed subdivision to the general purposes of the Land Division Ordinance as enumierated in ACC Section 17.02.030. ACC 17.02.030: The purpose of this title is to regulate the division of land lying within the corporate limits of the city, and to promote the public health, safety and general welfare and prevent or abate public nuisances in accordance with standards established by the state and the city, and to: A. Prevent the overcrowding of land; B. Lessen congestion and promote safe and convenient travel by the public on streets and highways; C. Promote the effective arse of land; D. Provide for adequate light and air; E. Facilitate adequate provision for water, sewerage, drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements; F. Provide for proper ingress and egress; G. Provide for the expeditious review and approval of proposed land divisions which comply with this title, the Aurburn zoning ordinance, other city plans, policies and land arse controls, and Chapter 58.17 RCW,- K Adequately provide for the housing and connnercial needs of the citizens of the state and city; I. Require urnifornn nionunnenting of land divisions and conveyance by accurate legal description; J. bnplenient the goals, objectives and policies of the Aurburn comprehensive plan; K Prevent or abate public nuisances. 7. The proposal is consistent with the purposes of the Land Division Ordinance as enumerated above. The roads designed for the proposal are safely designed to meet traffic demand and sidewalks on both sides of the subdivision street promote Preliminary Plat P. 8 Findings, Conclusions and Dec' ion Wage of 225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 pedestrian safety. Applicable zoning setbacks provide for adequate light and air. The proposal does not result in overcrowding as it proposes a density within the range allowed by the underlying zone. As previously discussed, the proposal is consistent with and implements the Auburn Comprehensive Plan. As previously determined the proposal is adequately served by all essential public facilities and it is consistent with the comprehensive plan. As conditioned the final plat development will require uniform monumenting of new lots and conveyance by accurate legal description. ACC 17.07.070(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. 8. The proposed proposal meets the bulk and dimensional standards of the R7 district. As determined in FOF No. 3 the lots are designed to meet the following R7 requirements: • Minimum lot width of 40 feet • Minimum lot size of 4,300 square feet. • Minimum average lot area of 6,000 square feet. -The future single family residences will be required to meet the minimum setbacks and lot coverage for the R7 district during building permit review. Engineering standards will be met during engineering review prior to final plat approval. City staff have reviewed preliminary plans for traffic, utilities and storm drainage and found them to be compliant with City standards. ACC 17.07.070(F): The potential environmental impacts of the proposed subdivision are mitigated such that the prelinfinary plat will not have an unacceptable adverse effect upon the quality of the environment. 9. As determined in Finding of Fact No. 5 there are no significant adverse impacts associated with the proposal. ACC 17.07.070(G): Adequate provisions are made so the preliminary plat will prevent or abate public nuisances. 10. As determined in Finding of Fact No. 5, there are no significant adverse impacts associated with the proposal. Consequently, no public nuisance is anticipated. DEVIATIONS (Conclusions include findings of fact) ACC 17.18.030(A): Such niodifrcation is necessary because of special circrmistances related to the size shape topography location or surroundings of the subject property to provide the owner with development rights and privileges Preliminary Plat P. 9 Findings, Conclusions and Dec' ion Wage of 225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 permitted to other properties in the vicinity and in the zoning district in which the subject property is located. ACC 17.18.030(B): That because of such special circumistances the development of the property in strict conformity with the provision of this title will not allow a reasonable and harnioniolrs lrse of the property. 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 ACC 17.18.030(D): Such modification will not be materially detrimental to the iniplenientation of the policies and objectives of the comprehensive land lrse circulation and lrtility plans of the city ACC 17.18.030(E): Literal interpretation of the provisions of this title would deprive the applicant of rights connnonly enjoyed by other properties in the sane zoning district. ACC 17.18.030(F): The approval of the modification will be consistent with the purpose of this title ACC 17.18.030(G): The modification cannot lessen the requirements of the zoning ordinance. 11. The requested deviations identified in Finding of Fact No. 3 are concluded to comply with the standards above for the reasons identified in Ex. 14, adopted and incorporated by this reference as if set forth in full. DECISION The proposed preliminary plat, as described in this decision and in Ex. 4, as well as the street standard deviations identified in Finding of Fact No, 3, are approved subject to the following conditions: 1. Approval is premised on the City Council approval of REZ13 -0003. If the City Council does not approve the rezone, City staff shall determine what review process is necessary to authorize design changes necessary to accommodate the resulting reduction in density if the applicant chooses to proceed with its application. 2. If the City Council approves REZ13 -0003, staff shall investigate whether a reduction in density within the densities permitted in the R7 zone could avoid the violation of concurrency for the 51St Ave S/S 316th St intersection. If the concurrency violation can be avoided by reducing density, the density of the project shall be Preliminary Plat P. 10 Findings, Conclusions and Dec ion ORD.B Wage 7 of 225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 reduced accordingly and staff shall determine what review process is necessary to approve the resulting changes in plat design. 3. The lot width of Lot 113 (39 feet) is below the minimum standard as required by Auburn City Code (ACC) 18.07.030, and shall be corrected to meet the minimum standard of 40 feet. 4. The ROW vacation request must have approval action by the Auburn City Council and a temporary construction easement granted by the Mayor prior to any permit approvals being issued for ground - disturbing work. 5. The Applicant shall obtain a Forestry Practices Permit from the Department of Natural Resources prior to the issuance of any permit approvals for ground - disturbing work. 6. The 10% Administrative Deviation (CA014 -0001) is approved by the Planning Director per ACC 16.10.160, prior to any permit approvals for ground - disturbing work. 7. Applicant shall provide revised Certificates of Water and Sewer Availability showing availability for 154 lots as opposed to the 94 lots as provided on the Certificates provided. 8. Prior to issuance of clearing or grading permits, a grading plan for grading and clearing necessary for both the construction of infrastructure such as roads and utilities and for lot grading shall be prepared, submitted and approved by the City of Auburn. The plan shall identify the surveyed boundary and classification of all Critical Landslide Hazard areas proposed to be altered. This plan shall show quantities and locations of excavations, and embankments, the design of temporary storm drainage detention system, and methods of preventing drainage, erosion and sedimentation from impacting adjacent properties, natural and public storm drainage systems and other nearby sensitive areas. All the measures shall be implemented prior to beginning phased on- site filling, grading or construction activities. The Applicant's grading plans shall be prepared in conjunction with and reviewed by a licensed geotechnical engineer. The geotechnical engineer shall develop and submit, for the City's review, specific recommendations to mitigate grading activities with particular attention to developing a plan to minimize the extent and time soils are exposed on site and address grading and related activities during wet weather periods and whether seasonal construction limitations may be appropriate (the period of greatest concern is October 1 through March 31). The plans shall show the type and the extent of geologic hazard area or any other critical areas as required in chapters 16, and 18 of the International Building Code (IBC). 9. A complete Stormwater Site Plan meeting all requirements of the 2009 City of Auburn Surface Water Management Manual (SWMM) will be required as part of the Facilities Extension Agreement (FAC), submittal. Additionally, the following Preliminary Plat P. 11 Findings, Conclusions and Dec ion ORD.B Wage d8 of 225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 information shall be provided as part of the FAC submittal: Operation and Maintenance, Construction Stormwater Pollution Prevention, and Pollution Source Control. 10. A Final Wetland Mitigation plan shall be submitted and approved by the City as a part of the FAC process. The Final Wetland Mitigation plan shall contain the information required by ACC 16.10.090 through ACC 16.10.130. Mill Creek and any associated wetlands within 150 feet upstream and downstream of the proposed outfall shall be delineated and shown on the Final Wetland Mitigation Plan. The information also needs to include the stream class for Mill Creek, categorize any wetlands within this area, show associated buffers, and provide a functions and values analysis of the area affected by the proposed stormwater outfall. 11. Pursuant to ACC 16.10.130.8, a performance and maintenance security is required upon approval of the Final Mitigation Plan. The amount of the financial security shall equal one hundred twenty -five percent (125 %) of the cost of the mitigation project for the length of the monitoring period. 12. Applicant shall contact King County and obtain all appropriate King County approvals for the portion of the proposed outfall conveyance pipe located on King County property. 13. The proposed off -site stormwater outfall system at the discharge location at Mill Creek shall be designed per 3.5 of the SWMM as appropriate for the design flow discharge velocity. Additional consideration for energy dissipation during high flow events and overflow conditions will need to be demonstrated with the outfall design as part of the FAC review. 14. To address known capacity issues within Mill Creek adjacent to SR -167 at the bottom of the hill downstream of the project site, a quantitative downstream analysis will be required to demonstrate that the proposed stormwater discharge from this project will not further impact the existing drainage issues downstream. 15. The downstream discharge from the detention pond is proposed to include an above ground conveyance system along the right -of -way of 46th Avenue South down slopes approximately 35 %. Per 3.4.1 of Volume Ill of the SWMM, pipes with slopes greater than 30% will need to be ductile iron or HOPE material and include appropriate anchor spacing and design. HOPE piping proposed above ground will also require design demonstrating thermal expansion concerns of pipe material will be properly addressed. Ductile Iron will most likely not be appropriate for the steep slope due to the weight of the pipe. 16. Further demonstration that the proposed discharge pipe down the critical hazard slope areas can feasibly be constructed with minimal impact and no alteration of existing slopes shall be provided as part of the FAC review. Demonstration of feasibility should include geotechnical evaluation of the existing soil types, soil ORD.B I I io Preliminary Plat p. 12 Findings, Conclusions and Decn age of 225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 properties, groundwater conditions, potential for seepage, and stability of slopes both during construction and after. Safety measures to protect workers, adjacent property, vehicles, and pedestrians should be specified during construction on the critical slope areas. Worker, equipment, and material access should also be evaluated to demonstrate feasibility. 17. The ROW area along Peasley Canyon where the stormwater discharge is proposed and the downstream conveyance through Mill Creek is in King County's jurisdiction and may require County permits. The applicant will need to coordinate with the County and obtain all relevant permits prior to City approval. 18. A quantitative off -site analysis will need to be provided to demonstrate that the downstream conveyance system beyond the Mill Creek discharge point has capacity for the proposed discharge flows. The existing drainage course along Mill Creek includes several culvert crossings. Existing culvert size, condition, flows, and capacity will need to be evaluated. 19. Prior to City approval of the FAG, the plat construction drawings shall show the location of fire hydrants for Fire Agency operations. Final fire hydrant locations shall be approved by the Fire Marshal. 20. Tree planting detail will be provided for trees planted in the ROW per "Traffic - 14" in the City of Auburn Engineering Construction Manual as part of the FAG submittal. 21. ADA compliant ramps shall be provided at all "T" intersections associated with the project. 22. Final street lighting, signage, roadway striping, and mailbox locations shall be provided as part of the FAG submittal. 23. "No parking" signs shall be posted along both sides of the street for the entire length of Road E, and for the portion of Road C located north of Road B. Location of and type of posting shall be provided as part of the FAG submittal. 24. "No Parking" signs shall be posted along one side of the street for the portion of Road C south of Road B, and for the entire length of Road D. Location of and type of posting shall be provided as part of the FAG submittal. 25. "No Parking" signs shall be posted in all cui -de -sacs. Location of and type of posting shall be provided as part of the FAG submittal. 26. The sidewalks in Tract H and Q are required to be extended to the end of the Tract. 27. Additional ROW dedication shall be provided to allow the future curved road Preliminary Plat p. 13 Findings, Conclusions and Decal ion ORD.B Wage 100 of 225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 alignment for 46th Place South adjacent to Tract R. 28. The connection of Road E to 46th Place South triggers the need for half - street frontage improvements, which shall be provided for along the portion of 46th Place South that is located adjacent to Tract 0 and Tract I. 29. The portion of property located east of Lot 46 shall be dedicated as ROW. 30. The connection of Road E to 51st Avenue South triggers a need for frontage improvements. A deferral request for these improvements can be provided for review and approval as part of the FAC process. 31. Tract S shall be removed from the ROW dedication for the future realignment of 46th Place South. 32. Groundwater protection measures and mitigation will be implemented to the extent required by ACC 16.10.120(E)(2). 33. The subdivision shall include uniform monumenting of land divisions and conveyance by accurate legal description as required by ACC 17.02.030(1). Dated this 15th day of July, 2014. Phi t1, 01brcchts City of Auburn Hearing Examiner Appeal Right and Valuation Notices s decision is final subject to appeal to superior court as governed by Chapter 36.70C W. 6cted property owners may request a change in valuation for property tax purposes withstanding any program of revaluation. ORD.B 11 Preliminary Plat p. 14 Findings, Conclusions and Deca 9 ne 1 31 of 225 CITY OF Ut� CERTIFICATE OF IMPROVEMENTS �C,�:�:B RN WASHINGTON COMPLETION OF IMPROVEMENTS The required improvements for the Final Plat of _ have been completed in accordance with the Land Auburn's standards and specifications. City Engineer FINAL PLAT APPLICATION FAC14-0016 Division Ordinance and the City of Date SECURITY IN LIEU OF COMPLETION In lieu of the required public improvements for the Final Plat of: CANYON CREEK AT PEASLEY — DIVISION 1 (aka AUBURN ASSEMBLAGE PHASE 1), approved plat security bonds were provided, totaling $215,010.00 (150% of the estimated costs of improvements) has been submitted and approved by the City Engineer. Ci Engineer Dat4 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: Phase 1: ON-SITE - $145,080.00 Final Lift, Adjustment of Utility Castings to Grade and Installation of Monuments Phase 2: OFF-SITE - $ 69,930.00 Final Lift, Adjustment of Utility Castings to Grade and Installation of Monuments cc File: FAC14-0016 Than lid Gouk, Senior Ptanner Polygon WJH, LLC ORD.13 Page 102 of 225 'Alu,BURN VVAS p � I N G "i'( Agenda Subject: Ordinance No. 6590, First Reading Department: Community Development & Public Works AGENDA BILL APPROVAL FORM Attachments: Ordinance 11o. 6660 Administrative Recommendation: City Council adopt Ordinance No. 6590. Background Summary: Date: March 15, 2016 Budget Impact: $0 Tom Redding of Encompass Engineering & Surveying, representing Mike Chaffeur of Hazel View Estates LLC, has made application for the Final Plat of "Hazel View "; located northwest of 122nd Avenue SE and SE 30th PL, in the "Lea Hill" area of the City. This Final Plat subdivides the 5.22 -acre site (King County Tax Parcel No. 0921059176) into 22 single - family residential lots, and 7 tracts; one tract dedicated to the Hazel View Homeowner's Association for a critical area and associated buffer (Tract A), one tract dedicated to the City of Auburn for stormwater purposes (Tract B), two private access tracts, with easements granted to the City of Auburn for public sewer and water (Tract C and E), two private joint -use driveway and utility tracts (Tract D and F), with an easement granted to the City of Auburn for public water over Tract D and an easement granted to the City of Auburn for public water and sanitary sewer purposes over Tract F, and one tract dedicated to the Hazel View Homeowner's Association, with an easement granted to the City of Auburn for public sanitary sewer purposes (Tract G). See Exhibit 2. The Preliminary Plat was approved as a single phase by the Hearing Examiner on April 26, 2006 (L04P0033) with 21 conditions; see Exhibit 4. The plat, has been developed in accordance with the R -6 Residential zoning district, Title 19 KCC — "Land Segregation ", Chapters WAC 58.17 and RCW 35A.58, and all applicable conditions of the Preliminary Plat approval. ORD.0 AUBURN * MORE THAN YOU IMAGINED Page 103 of 225 The Final Plat has been reviewed by the various divisions of the Community Development and Public Works Department and the Valley Regional Fire Authority (VRFA) and find that all requirements have been met. A Certificate of Improvements has been issued by the City Engineer, accepting completion of all required plat public improvements in accordance with all applicable standards of King County's Engineering Design Standards in effect at the time of Preliminary Plat approval, and where appropriate public improvements completed in accordance with the City of Auburn's Engineering Design Standards. The role of the City Council in review of a Final Plat is ministerial in that it is limited to determining whether or not the Final Plat meets the requirements of the Preliminary Plat. The City Council, in its Final Plat approval, cannot add, subtract or modify Preliminary Plat requirements. Its decision is to either (1) approve the final plat if all Preliminary Plat requirements have been met; or (2) deny approval of the Final Plat if any Preliminary Plat requirements have not been met. If a Final Plat is being denied, it is also appropriate for the City Council to identify any /all Preliminary Plat requirements that have not been met. Reviewed by Council Committees: Other: CD &PW, Bld., Legal, Fire, & Surveying Councilmember: Staff: Snyder Meeting Date: March 21, 2016 Item Number: ORD.0 ORD.0 AUBURN * MORE THAN YOU IMAGINED Page 104 of 225 ORDINANCE NO. 6 5 9 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF HAZEL VIEW WHEREAS, the City of Auburn received a final plat application for the Plat of Hazel View, Application No. PLT16 -0001, the final approval of which is appropriate for City Council Action; and WHEREAS, based on the review given th.is Plat by the City, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. Hazel View Estates LLC has made application for the Final Plat of "Hazel View ". 2. The Preliminary Plat of "Hazel View" (King County File No. L04P0033) Was approved by the Hearing Examiner on April 26, 2006, as a single phase with 21 conditions. 3. The Plat of "Hazel View" was originally filed and deemed "complete" for processing under King County codes, prior to annexation, and was to conform to the King County codes, which differ from the City of Auburn codes in terms of zoning requirements and engineering design standards. 4. The Plat of "Hazel View" has been developed in accordance with all applicable conditions of the Preliminary Plat. 5. A Certificate of Improvements has been issued by the City Engineer, accepting completion of certain required plat improvements in accordance with all applicable standards of the King County's Engineering Design Standards and where appropriate, the City of Auburn's Engineering Design Standards. 6. The final plat includes one publicly dedicated tract, Tract B, for the storm drainage facility. ---------------- Ordinance_ No. 6590 March 21, 2016 Page 1 of 1 ORD.0 Page 105 of 225 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, including standards to which the plat is vested. 2. The Final Plat of "Hazel View" is consistent with the King County and City of Auburn Comprehensive Plan. 3. The Plat meets the requirements of Chapter 58.17 RCW. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Approval. Hazel View, a subdivision consisting of real property located within the City of Auburn, Washington, which plat is legally described on Sheet 1 of 4 of the Final Plat and set forth below: LOT 1 AND THE WEST 326.03 FEET OF LOT 2, KING COUNTY SHORT PLAT NUMBER 584147, RECORDED UNDER RECORDING NUMBER 8502190360, BEING A PORTION OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. (ALSO KNOWN AS LOT 1 OF KING COUNTY LOT LINE ADJUSTMENT NUMBER 8706015, RECORDED UNDER RECORDING NUMBER 8710150307). 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. Recordation. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of --------------- - Ordinance No. 6590 March 21, 2016 Page 2 of 2 ORD.0 Page 106 of 225 Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor's Division. 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. 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. FIRST READING: SECOND READING: PASSED: APPROVED: CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk `..�i � •' � is • r City Attorney Published.: Ordinance No. 6590 March 21, 2016 Page 3 of 3 ORD.0 Page 107 of 225 Exhibit 2 PORTION OF THE NORTHEAST 1/4, OF THE NORTHWEST 1/4, SEC. 9, T 21 N, R 5 E, W.M. CITY OF AUBURN, KING COUNTY, WASHINGTON DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDMIBED, HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, 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 PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES, AND ALSO THE RIGHT TO MAKE NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO PARKS, OPEN SPACES. UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS 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 IDENPFIED 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 DERINNG PILE 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 THE COSTS OF DEFENSE CLAIMED BY PERSONS WITHIN OR WITHOUT THIS SUBDIVISION TO HAVE BEEN CAUSED BY ALTERATONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE, OR SURFACE OR SUBSURFACE 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 AS, GNS, FROM UABIUTY 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, DEDICATON, 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 HAZEL VIEW �/ESTA�7E %$ LLC, A WASHINGTON LIMITED LIABILITY COMPANY _P%% /// 1�9 BY: ITS: H.kt - irlme Fbl�? :_/ MP sf6h COLUMBIA STATE BANK BY: /�JW jtVw 4 ITS: :50 Acknowledgement STATE OF WASHINGTON J} 5 SS. COUNTY OF KING ON THIS DAY OW PERSONALLY APPEARED BEFOR€ ME NLi IG2 GLtaCu ✓ TO ME KNOWN TO S THE Ma-k W`Q✓ OF HAZEL VIEW ESTATES LLC. A WASHINGTON LIMITED LIA ILITY OMPANY, THE COMPANY THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND OF ACT AND DEED OF SAID CORPORATION, FOR THE USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT HE /SHE WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT ON BEHALF OF THE CORPORATION. GIVDER MY 'IAN A ��F�F`IC"I /A,L1� °SEAL THIS DAY OF M'0.YCJLE- 20� NOTAR UBLIC IN D FOR FT E TALE OF WA HINGTON MY COMMISSION EXPIRES I I STATE OF WASHINGTON } i SS. COUNTY OF KING i n ON THIS DAY PERSONALLY APP RE�BEFORE ME K e tV 1V% OV � lvl TO ME KNOWN TO BE THE SS �V OF COLUMBIA STATE BANK, THE COMPANY THAT EXECUTED THE WHHIN 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 HE /SHE WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT ON BEHALF OF THE CORPORATION. GIVEN DER MY A NID /MV'_0kFICIAL SEAL THIS DAY OF McL ✓L>~- 20 try ._ NOTARY BLIC I! NO FOR THE ST A OF ASHINGTON MY CM0 ION EXPIRES ) SURVEYOR'S CERTiFt.CATE I HEREBY CERTFYTHAT THIS PLAT OF HAZEL VIEW IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 9, TOWNSHIP 21 NORTH. RANGE 5 EAST, W.M., AS REQUIRED BY STATE STATUTES; THAT THE DISTANCES, COURSES AND ANGLES ARE SHOWN THEREON CORRECTLY; THAT THE MONUMENTS SHALL BE SET AND LOT AND BLOCK CORNERS SHALL BE STAKED CORRECTLY ON THE GROUND, AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF T(��E�S /7/A��T= (�^D LOCAL STATUTES AND REGULATIONS GOVERNING PLOTTING. / "L'IAAR+Gn 3-8 -I6 STEVEN D. MICASKEY, PROFESSIqNAL LAND SURVEYOR CERTIFICATE NO. 42676 ENCOMPASS ENGINEERING AND SURVEYING 165 NE. JUNIPER STREET, SUITE 201 ISSAQUAH, WA 98027 PHONE: (425) 392 -0250 LEGAL DESCRIPTION LOT 1 AND THE WEST 326.03 FEET OF LOT 2, KING COUNTY SHORT PLAT NUMBER 584147. RECORDED UNDER RECORDING NUMBER 8502190360, BEING A PORTION OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. (ALSO KNOWN AS LOT 1 OF KING COUNTY LOT LINE ADJUSTMENT NUMBER 8706015, RECORDED UNDER RECORDING NUMBER 8710150307). APPROVALS FINANCE DIRECTOR'S CERTIFICAT 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. THIS _SAY OF , 20 AUBURN DIRECTOR OF FINANCE CITY ENGINEER'S GER7IFICA7E I HEREBY CERTIFY THAT THIS FINAL PLAT IS IN COMPLIANCE WITH THE CERTIFICATE OF IMPROVEMENTS ISSUED PURSUANT TO ACC 17.14.015, AND IS CONSISTENT WITH ALL APPLICABLE CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF THE PRELIMINARY PLAT APPROVAL. THIS __DAY OF . 20 AUBURN CITY ENGINEER COMMUNITY DEVELOPMENT ASSISTANT DIRECTOR'S CERTIFIGATE I HEREBY CERTIFY 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 HEARING EXAMINER ON THE 22ND DAY OF APRIL, 2013. AUBURN ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT APPROVAL EXAMINED AND APPROVED THIS —DAY OF , 20_. PURSUANT TO ORDINANCE NUMBER ADOPTED BY THE AUBURN COUNCIL ON THE DAY OF _ 20, ATTEST: AUBURN CITY CLERK FINANCE DIVIS1014 . C RTIF 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 DEDICATED AS STREETS, ALLEYS OR FOR OTHER PUBLIC USE ARE PAID IN FULL THIS DAY OF , 20—. MANA ER ASSESSOR'S APPROVAL EXAMINED AND APPROVED THIS _ DAY OF , 20 —. KING COUNTY ASSESSOR DEPUTY COUNTY ASSESSOR TAX PARCEL NO. 092105 -9176 RECORDNiG CERTIFICATE FILED FOR RECORD AT THE REQUEST OF THE CITY OF AUBURN THIS ____ DAY OF 20__ AT ----- MINUTES PAST ____ — -- M., AND RECORDED IN VOLUME ___ OF PLATS, PAGE __ RECORDS OF KING COUNTY, WASHINGTON. COUNTY RECORDING NUMBER MANAGER SUPERMTENOENT OF RECORDS PLT16 -0001 HAZEL VIEW A PORTION OF THE NORTHEAST 1/4, OF THE NORTHWEST 1/4, SEC. 9, T 21 N, R 5 E, W.M. CITY OF AUBURN, KING COUNTY, WASHINGTON CHICAGO TITLE INSURANCE COMPANY GUARANTEE /CERTIFICATE NO. 005774746 SCHEDULE B SPECIAL EXCEPTIONS 1. EASEMENT GRANTED TO PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION, FOR UNDERGROUND ELECTRIC TRANSMISSION AND /OR DISTRIBUTION SYSTEM TOGETHER WITH ALL NECESSARY OR CONVENIENT APPURTENANCES, RECORDED DECEMBER 21, 1984 UNDER RECORDING NO. 8412210699. (NOT PLOTTABLE) 2. EASEMENT GRANTED TO PUGET SOUND ENERGY, INC. FOR UTILITY SYSTEM(S) FOR PURPOSES OF TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ELECTRICITY, RECORDED SEPTEMBER 18, 2015 UNDER RECORDING NO. 20150918000801, ( NOT PLOTTABLE) 3. COVENANTS, CONDITIONS, RESTRICTIONS, RECITALS, RESERVATIONS. EASEMENTS, EASEMENT PROVISIONS, DEDICATIONS, BUILDING SETBACK LINES, NOTES, STATEMENTS, AND OTHER MATTERS, IF ANY, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, INCLUDING BUT NOT UMITED TO THOSE BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICT` ON IS PERMITTED BY APPLICABLE LAW, AS SET FORTH ON KING COUNTY SHORT PLAT NUMBER 377155, RECORDED UNDER RECORDING NUMBER 7708040725. (NOT PLOTTABLE) 4. COVENANTS, CONDITIONS, RESTRICTIONS, RECITALS, RESERVATIONS, EASEMENTS, EASEMENT PROVISIONS, DEDICATIONS, BUILDING SETBACK LINES, NOTES AND STATEMENTS, IF ANY, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, INCLUDING BUT NOT LIMITED TO THOSE BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME. AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS SET FORTH ON KING COUNTY SHORT PLAT NUMBER 584147 RECORDED UNDER RECORDING NUMBER 8502190360. (NOT PLOTTABLE) 5. COVENANTS, CONDITIONS, RESTRICTIONS, RECITALS, RESERVATIONS. EASEMENTS, EASEMENT PROVISIONS, DEDICATIONS, BUILDING SETBACK LINES, NOTES AND STATEMENTS, IF ANY, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, INCLUDING BUT NOT LIMITED TO THOSE BASED UPON RACE, COLOR, RELIGION. SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPUCABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS SET FORTH ON KING COUNTY LOT LINE ADJUSTMENT NUMBER 8706015 RECORDED UNDER RECORDING NUMBER 8710150307. (NOT PLOTTABLE) 9. INTENTIONALLY DELETED FROM THIS TITLE REPORT NOTES • 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 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 I NMLTRATION SYSTEMS, THE SYSTEMS SHALL BE CONSTRUCTED AT THE TIME OF THE BUILDING PERMIT AND SHALL COMPLY WITH PLANS ON FILE. • THE TREES SHOWN TO BE RETAINED ON THE TREE RETENTION PLAN (1-2.0 OF THE ASBUILT PLANS) SHALL BE MAINTAINED BY THE FUTURE OWNERS OF THE PROPOSED LOTS, CONSISTENT WITH PLANS FOR THE SUBJECT PLAT. • THE STREET TREES SHALL BE OWNED AND MAINTAINED BY THE HAZEL VIEW HOMEOWNER'S ASSOCIATION. • FUTURE RESIDENCE ON LOT 8 SHALL BE EQUIPPED WITH A FIRE SPRINKLER SYSTEM. IF THE FUTURE RESIDENCE ON LOT 7 AND /OR 19 ARE MORE THAN 150 FEET FROM THE BEGINNING OF THE JUNCTION OF THE PRIVATE ACCESS ROAD AND THE PUBLIC RIGHT -OF -WAY, THEN LOT 7 AND /OR 19 SHALL BE EQUIPPED WITH A FIRE SPRINKLER SYSTEM. FOUND MONUMENT IN CASE FOUND MONUMENT IN CASE KC SURVEY CONTROL POINT #7129 KC SURVEY CONTROL POINT #7128 2° BRASS DISK WITH PUNCH MARK 2" BRASS DISK WITH PUNCH MARK IN CONCRETE AT INTERSECTION OF IN CONCRETE AT INTERSECTION OF 116TH AVE S.E. AND S.E. 304TH ST 124TH AVE S.E. AND S.E. 304Th' ST VISITED 12/2015 VISITED 03/2003 N 123289.022 E 1304761.381 N 123192.175 E 1307363.907 2804,42' N8752'OB "W (KCSC) (WASHINGTON STATE PLANE NORTH ZONE` 5 4 8553'40 E 2804.23' HELD BASIS OF BEARING KC 8 9 1302.115' 1302115 9 R S. LINE, E LINE. WI /2, W 1/2, W. UNE, NE 1/4. NW 1, NE 1/4, NW 1/4 S UNE, NW 1/4 , SW 1/4, NE 1/4, NW 1/4 CALCULATED CENTER OF SECTION KING COUNTY SURVEY CONTROL POINT #21509 KING COUNTY SURVEY CONTROL POINT 17136 8 9 1316.53' 1316.53' ^ 586'02'20 "E CALCULATED 9 v1( NOT VISITED 586'03'02 -E 2633.08 (CALCULATED) 7 A MONUMENT CASE KING COUNTY SURVEY 3 CONTROL POINT #7137 j NOT VISITED CONCRETE MONUMENT SS BR DISC IN � w WITH BRASS PIN KING COUNTY SURVEY CONTROL POINT #7148 NOT VISITED 18 CONCRETE MONUMENT WITH BRASS NAIL SECTION BREAKDOWN PER PLAT OF KIN GSLEY MEADOWS VOL. 219, PGS. 19 -23 N.T.S. PLT16 -0001 HAZES VIEW A PORTION OF THE NORTHEAST 1/4, OF THE NORTHWEST 1/4, SEC. 9, T 21 N, R 5 E, W.M. CITY OF AUBURN, KING COUNTY, WASHINGTON HOMEOWNERS ASSOCIATION COVENANT THIS SUBDIVISION IS SUBJECT TO THE COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE HAZEL VIEW HOMEOWNER'S ASSOCIATION RECORDED UNDER KING COUNTY RECORDING NUMBER RECORDS OF KING COUNTY, WASHINGTON. SAID HOMEOWNER'S ASSOCIATION SHALL OWN AND MAINTAIN EASEMENTS AS INDICATED AND CONVEYED HEREIN, UNLESS OTHERWISE APPROVED BY THE CITY OF AUBURN OR ITS SUCCESSOR AGENCY. THIS COVENANT SHALL RUN WITH THE LAND AND SHALL BE BINDING ON THE OWNERS OF LOTS 1 THROUGH 22, INCLUSIVE OF THIS PLAT, THEIR HEIRS, SUCCESSORS AND /OR ASSIGNS. SHOULD THE HAZEL VIEW HOMEOWNER'S ASSOCIATION BE DISSOLVED OR OTHERWISE CEASE TO FUNCTION, OWNERSHIP OF LOTS 1 THROUGH 22, INCLUSIVE OF THIS PLAT, WILL INCLUDE AN EQUAL AND UNDIVIDED INTEREST IN THE EASEMENTS HEREIN GRANTED, TOGETHER WITH AN EQUAL RESPONSIBILITY FOR THE MAINTENANCE RESPONSIBILITIES FOR ANY FACILITY THEREIN EASEMENT NOTES 1. THE 15 FOOT PRIVATE STORM DRAINAGE EASEMENT (PVDE) SHOWN OVER AND ACROSS LOT 12 IS HEREBY RESERVED FOR AND GRANTED TO THE HAZEL VIEW HOMEOWNER'S ASSOCIATION, ITS SUCCESSORS AND /OR ASSIGNS UPON THE RECORDING OF THIS PLAT. THE HAZEL VIEW HOMEOWNER'S ASSOCIATION IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE FACILITIES IN SAID EASEMENT AND WHEN NECESSARY TO REPAIR, CLEAN OR RECONSTRUCT FACILITIES SHALL HAVE A RIGHT OF ENTRY FOR THAT PURPOSE. 1 THE 15 FOOT PUBLIC STORM DRAINAGE EASEMENT (PUBDE) SHOWN OVER AND ACROSS TRACT A IS HEREBY RESERVED FOR AND GRANTED TO THE CITY OF AUBURN, ITS SUCCESSORS AND /OR ASSIGNS UPON THE RECORDING OF THIS PLAT. THE CITY OF AUBURN IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE STORM DRAINAGE FACILITIES WITHIN SAID EASEMENT AS STATED IN THE CITY OF AUBURN PUBLIC EASEMENT PROVISION. 3. THE 10 FOOT PRIVATE STORM DRAINAGE EASEMENT (PVDE) SHOWN OVER AND ACROSS LOTS 20 AND 21 IS ESTABLISHED FOR THE BENEFIT OF THE OWNERS OF LOTS 20, 21 AND 22 THE COST OF MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THAT PORTION OF THE STORM DRAINAGE SYSTEM USED IN COMMON SHALL BE BORNE IN EQUAL SHARES, EXCEPT THAT THE OWNERS OF ANY LOWER PARCEL SHALL NOT BE RESPONSIBLE FOR THE PART OF THE STORM DRAINAGE SYSTEM ABOVE THEIR CONNECTION; AND WHEN NECESSARY TO REPAIR, CLEAN OR RECONSTRUCT THE STORM DRAINAGE SYSTEM, THE PROPERTY OWNER(S) TO WHOM THE EASEMENT BENEFITS SHALL HAVE A RIGHT OF ENTRY FOR THAT PURPOSE. 4. THE 15 FOOT PRIVATE WALL AND ASSOCIATED STORM DRAINAGE EASEMENT SHOWN OVER AND ACROSS LOTS 11, 12, 13 AND 14 IS HEREBY RESERVED FOR AND GRANTED TO THE HAZEL VIEW HOMEOWNER'S ASSOCIATION FOR RETAINING WALL AND ASSOCIATED STORM DRAINAGE FACILITIES, SAID HOMEOWNER'S ASSOCIATION IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE RETAINING WALL AND STORM DRAINAGE FACILITIES IN SAID EASEMENT AND WHEN NECESSARY TO REPAIR, CLEAN OR RECONSTRUCT THE STORM DRAINAGE SYSTEM SHALL HAVE A RIGHT OF ENTRY FOR THAT PURPOSE. 5. THE 25 FOOT PUBLIC WATER AND SANITARY SEWER EASEMENT (PUBWSE) OVER AND ACROSS TRACTS E AND F AND LOTS 18 AND 19 IS HEREBY RESERVED FOR AND GRANTED TO THE CITY OF AUBURN, ITS SUCCESSORS AND /OR ASSIGNS UPON THE RECORDING OF THIS PLAT. THE CITY OF AUBURN IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE WATER AND SANITARY SEWER FACILITIES WITHIN SAID EASEMENT AS STATED IN THE CITY OF AUBURN PUBLIC EASEMENT PROVISION 6. THE 15 FOOT PUBLIC WATER EASEMENT ( PUBWE) OVER AND ACROSS LOT 19 IS HEREBY RESERVED FOR AND GRANTED TO THE CITY OF AUBURN, ITS SUCCESSORS AND /OR ASSIGNS UPON THE RECORDING OF THIS PLAT. THE CITY OF AUBURN IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE WATER FACILITIES WITHIN SAID EASEMENT AS STATED IN THE CITY OF AUBURN PUBLIC EASEMENT PROVISION. 7. THE 10 F00T PUBLIC UTILITY, STREETLIGHT AND SIDEWALK EASEMENT ( PUBUE) SHOWN ALONG THE PUBLIC STREET RIGHT -OF -WAYS AND ALONG TRACTS C, D, E AND F AND THE 16 FOOT UTILITY EASEMENT OVER AND ACROSS LOT 18 AND A PORTION OF LOT 19 IS HEREBY GRANTED AND CONVEYED TO THE CITY OF AUBURN, ITS SUCCESSORS AND /OR ASSIGNS FOR INSTALLING AND MAINTAINING PUBLIC UTILITY LINES /FACILITIES /SIDEWALKS. THIS EASEMENT AND COVENANT SHALL RUN WITH THE PARENT PARCEL AND IS BINDING ON THE OWNERS OF SAID PRIVATE PROPERTY, THEIR HEIRS, SUCCESSORS AND /OR ASSIGNS. 8. THE 26 FOOT PUBLIC WATER AND SANITARY SEWER EASEMENT (PUBWSE) OVER AND ACROSS TRACT C AND LOT 4 IS HEREBY RESERVED FOR AND GRANTED TO THE CITY OF AUBURN, ITS SUCCESSORS AND /OR ASSIGNS UPON THE RECORDING OF THIS PLAT. THE CITY OF AUBURN IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE WATER AND SANITARY SEWER FACILITIES WITHIN SAID EASEMENT AS STATED IN THE CITY OF AUBURN PUBLIC EASEMENT PROVISION. 9. THE 10' BY 20' FOOT PUBLIC WATER EASEMENT ( PUBDE) OVER TRACT D IS HEREBY RESERVED FOR AND GRANTED TO THE CITY OF AUBURN UPON THE RECORDING OF THIS PLAT. THE CITY OF AUBURN IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE WATER FACILITY WITHIN SAID TRACT AS STATED IN THE CITY OF AUBURN PUBLIC EASEMENT PROVISION. PUBLIC EASEMENT PROVISION AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOUND ENERGY COMPANY, CENTURY LINK, COMCAST AND /OR ANY OTHER PRIVATE UTILITY, AND THEIR RESPECTIVE SUCCESSORS AND /OR ASSIGNS, UNDER AND UPON THE EXTERIOR 10 FEET OF ALL LOTS AND TRACTS, PARALLEL WTH AND ADJOINING THE EXISTING OR PROPOSED PUBLIC RIGHT -OF -WAY, AS SHOWN HEREON IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND DISTRIBUTION SYSTEMS WTH NECESSARY FACILITIES, AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WTH UTIUTY SERVICES, TOGETHER WTH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSE HEREIN STATED. NO LINES OR WRES FOR THE TRANSMISSION OF ELECTRIC CURRENT, OR FOR TELEPHONE USE, CABLE TELEVISION, FIRE OR POLICE SIGNAL OR FOR OTHER PURPOSES, SHALL BE PLACED OR BE PERMITTED TO BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING CITY OF AUBURN PUBLIC EASEMENT PROVISION ALL CITY OF AUBURN PUBLIC UTILITY EASEMENTS AS SHOWN HEREON ARE HEREBY GRANTED AND CONVEYED TO THE CITY OF AUBURN, A MUNICIPAL CORPORATION OF KING AND PIERCE COUNTIES, WASHINGTON, ITS SUCCESSORS AND /OR ASSIGNS, A PERPETUAL NON- EXCLUSIVE EASEMENT UNDER, OVER, THROUGH AND ACROSS THE REAL PROPERTY AS DESCRIBED HEREIN FOR THE PURPOSE OF LAYING, MAINTAINING AND INSTALLING WATER AND APPURTENANCES THEREOF AND LAYING, MAINTAINING, INSTALLING, AND CONVEYING 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 WTH 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 THEREOF THE OWNERS OF SAID PRIVATE PROPERTY SHALL NOT IN ANY WAY BLOCK, RESTRICT OR IMPEDE ACCESS AND EGRESS TO OR FROM SAID EASEMENT AREA, AND /OR IN ANY WAY BLOCK, RESTRICT OR IMPEDE FULL USE OF THE REAL PROPERTY WITHIN THE ABOVE DESCRIBED EASEMENT AREA BY THE CITY 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 MATERIAL BE PLACED WITHIN THE BOUNDARIES OF SAID EASEMENT AREA, WITHOUT THE EXPRESS WRITTEN CONSENT OF THE CITY OF AUBURN. WTH 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 WTHIN THE EASEMENT AREA SHALL BE MAINTAINED AT THE ELEVATIONS AS CURRENTLY 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 OTHERWISE IMPROVED DRIVEWAYS OR PARKING LOTS WTHIN 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 OF 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 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 THEREON 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 PRIVATE PROPERTY, THEIR HEIRS, SUCCESSORS AND /OR ASSIGNS. TRACT DEFINITIONS TRACT A TRACT A IS A PRIVATE SENSITIVE AREA TRACT THAT CONTAINS A CLASS 3 WETLAND WITH AN ASSOCIATED BUFFER. THE ASSOCIATED BUFFER IS LOCATED IN ITS ENTIRETY WITHIN TRACT A. DEDICATION OF SENSITIVE AREA TRACT(S) AND BUFFER CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE 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 THE 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 SENSITIVE AREA 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 SENSITIVE AREA TRACT /SENSITIVE AREA AND BUFFER. THE VEGETATION WTHIN THE SENSITIVE AREA TRACT /SENSITIVE AREA TRACT AND BUFFER MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED, OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY, UNLESS OTHERWISE PROVIDED BY LAW. THE COMMON BOUNDARY BETWEEN THE TRACT /SENSITIVE AREA AND BUFFER AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION, OR OTHER BUILDING ACTIVITY ON A LOT SUBJECT TO SUBJECT TO THE SENSITIVE AREA TRACT /SENSITIVE AREA AND BUFFER. NO BUILDING FOUNDATIONS ARE ALLOWED WITHIN THE REQUIRED 15 -FOOT BUILDING SETBACK LINE FROM TRACT A TRACT A IS HEREBY CONVEYED TO THE HAZEL VIEW HOMEOWNER'S ASSOCIATION AND IS RESPONSIBLE FOR ITS MAINTENANCE THE 15' PUBLIC STORM DRAINAGE EASEMENT (PUBDE) SHOWN OVER AND ACROSS TRACT A IS HEREBY RESERVED FOR AND GRANTED TO THE CITY OF AUBURN, ITS SUCCESSORS AND /OR ASSIGNS UPON THE RECORDING OF THIS PLAT. THE CITY OF AUBURN IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE STORM DRAINAGE FACILITIES WITHIN SAID EASEMENT AS STATED IN THE CITY OF AUBURN PUBLIC EASEMENT PROVISION. TRACT B TRACT B IS A PUBLIC STORM DRAINAGE TRACT AND IS HEREBY CONVEYED TO THE CITY OF AUBURN, OR ITS SUCCESSOR AGENCY FOR PUBLIC DRAINAGE PURPOSES UPON THE RECORDING OF THIS PLAT. TRACT C TRACT C IS A PRIVATE ACCESS TRACT FOR INGRESS, EGRESS AND UTILITIES FOR THE BENEFIT OF THE OWNERS OF LOTS 5, 6, 7, 8. 9 AND 10. OWNERSHIP OF LOTS 5, 6, 7, 8, 9 AND 10 WITHIN THIS PLAT INCLUDES AN EQUAL AND UNDIVIDED INTEREST IN TRACT C AND AN EQUAL AND UNDIVIDED RESPONSIBILITY FOR THE MAINTENANCE OF SAID TRACT. THE OWNERS OF LOTS 5, 6, 7, 8, 9 AND 10 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE UTILITY FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE FACILITIES USED IN COMMON. A 26 FOOT PUBLIC WATER AND SEWER EASEMENT OVER SAID TRACT IS HEREBY RESERVED FOR AND GRANTED TO THE CITY OF AUBURN UPON THE RECORDING OF THIS PLAT. THE CITY OF AUBURN IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE RESPECTIVE WATER AND SEWER FACILITIES WITHIN SAID TRACT AS STATED IN THE CITY OF AUBURN PUBLIC EASEMENT PROVISION. TRACT D TRACT D IS A PRIVATE JOINT -USE DRIVEWAY AND UTILITY TRACT FOR THE BENEFIT OF THE OWNERS OF LOTS 7 AND S. OWNERSHIP OF LOTS 7 AND 5 WITHIN THIS PLAT INCLUDES AN EQUAL AND UNDIVIDED INTEREST IN TRACT D AND AN EQUAL AND UNDIVIDED RESPONSIBILITY FOR THE MAINTENANCE OF TRACT D. THE OWNERS OF LOTS 7 AND 8 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE UTILITY FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE FACILITIES USED IN COMMON, A 10' BY 20' F00T PUBLIC WATER EASEMENT OVER SAID TRACT IS HEREBY RESERVED FOR AND GRANTED TO THE CITY OF AUBURN UPON THE RECORDING OF THIS PLAT. THE CITY OF AUBURN IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE WATER FACILITY WITHIN SAID TRACT AS STATED IN THE CITY OF AUBURN PUBLIC EASEMENT PROVISION. TRACT E TRACT E IS A PRIVATE ACCESS TRACT FOR INGRESS, EGRESS AND UTILITIES FOR THE BENEFIT OF THE OWNERS OF LOTS 16, 17, 18 AND 19. OWNERSHIP OF LOTS 16, 17, 18 AND 19 WITHIN THIS PLAT INCLUDES AN EQUAL AND UNDIVIDED INTEREST IN TRACT C AND AN EQUAL AND UNDIVIDED RESPONSIBILITY FOR THE MAINTENANCE OF SAID TRACT. THE OWNERS OF LOTS 16, 17, 18 AND 19 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE UTILITY FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE FACILITIES USED IN COMMON. A 25 FOOT PUBLIC WATER AND SEWER EASEMENT OVER SAID TRACT IS HEREBY RESERVED FOR AND GRANTED TO THE CITY OF AUBURN UPON THE RECORDING OF THIS PLAT. THE CITY OF AUBURN IS HEREBY RESPONSIBLE FOR THE MAINTENANCE FOR THE RESPECTIVE WATER AND SEWER FACILITIES WITHIN SAID TRACT AS STATED IN THE CITY OF AUBURN PUBLIC EASEMENT PROVISION. TRACT F TRACT F IS A PRIVATE JOINT -USE DRIVEWAY AND UTILITY TRACT FOR THE BENEFIT OF THE OWNERS OF LOTS 18 AND 19. OWNERSHIP OF LOTS 18 AND 19 WITHIN THIS PLAT INCLUDES AN EQUAL AND UNDIVIDED INTEREST IN TRACT F AND AN EQUAL AND UNDIVIDED RESPONSIBILITY FOR THE MAINTENANCE OF TRACT F. THE OWNERS OF LOTS 18 AND 19 ARE HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE UTILITY FACILITIES AND SHALL SHARE EQUALLY IN THE MAINTENANCE RESPONSIBILITIES OF THE PRIVATE FACILITIES USED IN COMMON. A 20 FOOT PUBLIC WATER AND SANITARY SEWER EASEMENT OVER SAID TRACT F AND A 5 FOOT PUBLIC WATER AND SANITARY SEWER EASEMENT OVER LOTS 18 AND 19 IS HEREBY RESERVED FOR AND GRANTED TO THE CITY OF AUBURN UPON THE RECORDING OF THIS PLAT. THE CITY OF AUBURN IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE WATER AND SANITARY SEWER FACILITIES WITHIN SAID TRACT F AND LOTS 18 AND 19 AS STATED IN THE CITY OF AUBURN PUBLIC EASEMENT PROVISION. TRACT G TRACT G IS A PRIVATE SANITARY SEWER TRACT AND IS CONVEYED TO THE HAZEL VIEW HOMEOWNER'S ASSOCIATION UPON THE RECORDING OF THIS PLAT. THE HAZEL VIEW HOMEOWNER'S ASSOCIATION WILL BE RESPONSIBLE FOR THE MAINTENANCE OF LANDSCAPING FOR SAID TRACT. A SANITARY SEWER EASEMENT OVER THE FULL WIDTH AND LENGTH OF SAID TRACT IS GRANTED TO THE CITY OF AUBURN AND /OR ITS SUCCESSORS FOR SANITARY SEWER PURPOSES UPON THE RECORDING OF THIS PLAT. EXCEPT AS NOTED HEREIN THE CITY OF AUBURN IS HEREBY RESPONSIBLE FOR THE SANITARY SEWER FACILITIES WITHIN SAID TRACT. HAZEL VIEW F-- Line Table A PORTION OF THE NORTHEAST 1/4, OF THE NORTHWEST 1/4, SEC. 9, T 21 N, R 5 E, W.M. CITY OF AUBURN, KING COUNTY, WASHINGTON LINE y LENGTH DIRECTION I S. LINE OF THE _- _ - -- r - - - --r- FND REBAR & CAP N. 300', SEC 9 -21 -5 Lt 26.00 586' 37' 46 "E T.L. 092105-9077 LS 19682, 0.02'N T.L. 092105 -9216 ��•r�i OF PROP. LINE STERLING CgURT L2 24.00 N86' 37' 46 'W p END REBAR & CAP h S85'S3'4p• LS 19682, 4.07'E & r.L. 799995 -..SO VOL 252/16-18 L3 20.00 53' 22' 14 "W O 50.00 55.92' 50.00' 325.9J' 0.38'S OF PROP. COR. / L4 20.00 N3' 22' 14 "E ,7, $ 5000' 90.01' I T.L. 799995 -006Q 30.00' 1 IT.L 799995 -00]OI L5 11.28 N47' 32' 45 "W q^ m 0510 25 50 ,� 5,465 SF 5 iv m 1 L6 22.15 N37' 24' 11 "W Q ; a' 4,13 SF 5 $ n 6,029 SF Io `EFntF P 6,295 3 'S L7 21.72 N55' 27' 11 "W SCALE 1" = 50' 5,915 Y $ _ P"`-E� - -- 1- _-- _- - -I - -_ i I LB 10.38 N3' 26' S4"E SF SF .. 57058 10' PUBUE _j n A TRACT g3� L9 8.96 N50' 06' 33 "W W. LINE, D 10' PUBUE NE 1/4, NW m 1/4 -- w . I T.L. 092105-9208 110 19.50 . N85- 55' 27 "W S86- 3r46•E i c SEC. 9 -21 -5 0 56.05 00 ;� 2 171 38.27 N72' OS' 46 "� 5N863T( W 106.07 r L1 TRACT C 1, 5,184 SF 8 I ^ L12 1 26' 5i W 6.07 I° L13 31.52 ST 26' 54'W 10'x20' PUBWE °tea. 9: IN86 '37'46 -W 74,00' 7'y, L14 3535 S3' 26' 54 "W o 5,8496 SF I' I26' PUBWSE N86•37'46•W 90.00• h I ^ 3 Tin FENCE 1 20' L15 5167 N21' 24' 45 "W I- 4 m 5,637 SF 4 V E ..F K 5,997 SF L16 63.55 N21' 24' 45 "W u I ^ y 0 15' INGRESS/EGRESS AND N88'3T48'W 107.89' 26' PUBWSE ^ �� UTILITY EASEMENT L17 19.88 N57' 34' 10 "W 00 �! 10' PUBUE 1 �� REC. NO. 8410030621 L18 59.56 N25' 44' 47 "W \ 10 10' PUBUE C2 44.74' 30 PUBLIC R.O.W. DEDICATED L19 40.98 N25' 44' 47 "W �CV� 6,435 SF �, W 58550'47• - BY PLAT OF KINGSLEY MEADOWS ry..7 \ \ DO r SE 3057HPL, Puev_C iD 7 c L- - L20 I ].30 N57' 34' 10 "W OOQ Opa'� �A • - N8550'47W 27 87' -- _ - 385'S0'47'E 190.02' - -- - L21 31.91 N4' 02. 46'E ��� ���� Ne6'3748'W 1J1.89' CS ,1'200 565'60' 'E 100.13' S PUBC5T PL. R.O.W. L22 10.59 S72' 05' 46 "E �/1• p� O� N I 11 c1P 017'22, -- 54.91' - -- -- - P'`f' 6' woJO FNCE }I L23 0.83 N85' S7' 14 "W �' 6,594 SF / ,��d•.$ 4O 0 4' E CF FL 19.23' J - - -- - 10' PUBUE ypp o 29 ' 20 TL 387659 -0290 1 22 F- Curve Table CURVE N LENGTH RADIUS DELTA Cl ' LG2� C5 38.82 1 24.50 20x1 1 20.00 57.06 120.00 26.07 120.00 4.68 120.00 90'46'59" 9'4736" 2714'38" 12'2656" 214'01" C6 58.42 120.00 2753'39" C7 65.36 94.00 120.00 39'50'29" C8 6071 28'59'04° 40'24'47" - -C9 84.64 120.00 C10 19.26 120.00 911'41" C11 27.91 120.00 1319'30" 36'24'33" C12 19.17 30.17 C13 0.48 46.00 0'36'02" C14 52.94 46.00 65'56'27" C15 8a8 46.00 8'34'13" Ct6 116.74 9.90 8000 83. 36'43" C17 8000 7'05'36" C18 36.88 235.00 8'59'34" C19 57.49 235.00 14'00'56" C20 55.10 235.00 C21 27.75 1 28.35 1 13'26'03" 56'04'29' C22 r 129.81 46.00 161'40'53" C23 31.27 46.00 235.00 80.00 38'5701" C25 149.47 36'26'33° C26 126.65 90'42'19" - - -C27 189.97 120.00 90'42'19" C29 2510 25.00 5732'04" TRACT A PRIVATE SENSITIVE AREA TRACT 40,528 SO. FT. - 0.93 ACRES TRACT B PUBLIC STORM DRAINAGE TRACT 19,706 SQ. FT. - 0.45 ACRES TRACT C PRIVATE ACCESS TRACT FOR INGRESS, EGRESS AND UTILITIES 3,389 SQ. FT. - 0.08 ACRES TRACT D PRIVATE JOINT USE DRIVEWAY & UTILITY TRACT 1,121 SQ. FT. - 0.03 ACRES TRACT E PRIVATE ACCESS TRACT FOR INGRESS, EGRESS AND UTILITIES 2,187 SQ. FT. - 0.05 ACRES TRACT F PRIVATE JOINT USE DRIVEWAY & UTILITY TRACT 1,000 SQ. FT. - 0.02 ACRES TRACT G PRIVATE SANITARY SEWER TRACT 4,971 SQ, FT. - 0.11 ACRES N86137'46 "W 10835' g 21 ; y 6,014 SF 7,264 SF /G I -h! 12 _ 2p• / 5,768 SF E, SHFI� 20 Sr ].1 /JE ily`F =kl_E INSTRUMENTATION 7,422 SF S. PVDE I° I- 10' PUBUE '1 / KINGSLEY MEADOWS '- r 10' PVDE 34.50' VOL 219/19 I�_ C18 •33.08 OYg� ®2 28 $ T.L. 387659 -0280 -23 �1 586'33'06 "E 105,12' m y TRACT MS PUBSE SEE NOTES 6 & 9 ON SHEET 3 OF 4 ACCORDANCE WITH WAG 332 - 130 -090. A SET MAG NAIL AND WASHER zn I �. 3 39, G WI _ � - -- - -1 a 4,468 SF L17 38.91' N�T/8'2(yW PUBWSE PUBLIC WATER AND SANITARY SEWER EASEMENT I Se6'JSO6"E 105.12' a Sp+ V i J 15' PUBDE I Z $ 1201 27 if / 10' PUBUE O '- T� L9 T.L. 387659 -02]0 15' PVWLDE f 5,220 SF L10 - - - - - -- - -- /� -- - -- 113 I C1rj Uf ,+ CL3ASS� PRIVATE STORM STORM EASEMENT i S867J'08'E 9891' �INE'TLAN 'Qw 'Y 111GGED 26 i 9 DRAINAGE SEE NOTES 1 & 3 ON SHEET 3 OF 4 WETLAND \OUNDARY T.L. 387659 -0260 15 i - - - - -- - -� 4,628 SF IEi 10' PUBUE •� \1 \ PRIVATE WALL AND ASSOCIATED STORM DRAINAGE EASEMENT m 58883'06 "E 98.26' 9,b� 25 T.L. 38]659 -0250 /� Qm I C15 8 s 18 '.� ------- - - - --� h 4,995 SF r oj� ,iT'r / TRACT B f // r W - - - -- - - -_ x m P b f I� , 10' PUBUE S86S308'E n $ 24 100,12' a TRACT E ell I T.L. 387659 -0240 ^ SE306THCT 8 17 5.006 SF Io n ,��i" ry - - -- -� - - - - -I ___ -- h`mN U 25' BUFFER d 23 T.L. 387659 SB6'3506'E 100.12' Q 8.00' 25' PUBWSE i Q w -0230 25' 25' ADDRESSES 106,12' 000 /� w TRACT IF > I / END REBAR &CAP I LS 33555 ON j 0 18503'2 SOw �'ar� 1;, s �q'� / yV $ / j PROP LINE - - - -- LOT 1 LOT 2 30477 121ST PL SE 30453 121ST PL SE ,Qj 5,306 SF 16' PUBUE S86'3508'E 10612, ay. ^�N�' ° �/ 'R > j yy e 0.00 L23 ^J' f/ e / - - - -- - 22 T.L. 387659 -0220 END REBAR 8, CAP LOT 3 LOT 4 LOT 5 30429 121ST PL. SE 12051 SE 305TH PL 30546 120TH CT. SE 6.14' 25f F• :N EUL OF LS 33555, 0.08'E LOT 6 30538 120TH CT. BE 19 '1., a W,'. iL FENCE - OF PROP. LINE -- - LOT 7 30533 120TH CT. SE n 6,390 SF 19,14' %/ i iO 'Y r > APPRO% LOCATION - - _- _ __ EDG- nF af;lI k - LOT B LOT 9 30541 1111 CT, SE 30547 120TH CT. SE ( d / a OF 100 YR. FLOOD F_ OF R 21 I LOT 10 30555 120TH CT. SE r 128.13' 15' PUBWE `I PLAIN (PER APPROVED ENGINEERING PLANS) F T.L 387659 -0210 EDGE OF WD'D I - LOT 11 305fi3 120TH CT. SE FN REBAR &CAP 199.92' 15' BSBL NWZ5 I 'W J2,6.88' 4_ DECK U 7' E OF R W ENJ OF WOOL FL'!iE o M -�JF IL- LOT 12 LOT 13 30571 120TH CT, SE 30577 120TH CT. SE LS 1070x, 0.11'E & 0.31'5 OF PROP. LINE L - _ _TRAC F �' wrr�9 __T - - FENCE LOT 14 30585 120TH CT. SE TRACT E J �'� 01-D FENCE �I 045 E 'IF t END REBAR & CAP L_ LOT 15 LOT i6 30593 120TH CT, SE 30601 120TH CT, SE S. LINE, NW 1/4, SW 1/4, 01' S OF R NE 1/4, NW 1/4 17 -LS 33555, 0.06'E OF PROP. LINE LOT 17 30609 120TH CT. SE SEC 9 -21 -5 TL 16 20 LOT 18 30617 120TH CT. SE 387659 -01]0 T.L. 38 76 59 -016 0 T.L. 387659 -0200 LOT 19 LOT 20 30625 120TH CT, SE 12052 SE 305TH PL. EASEMENT LEGEND LOT 21 12058 SE 205TH RID. LEGEND LOT 22 12066 SE 305TH P1. PUBDE PUBLIC STORM DRAINAGE EASEMENT EASEMENT NOTE 2 ON SHEET 3 OF 4 INSTRUMENTATION PUBUE PUBLIC UTILITY, STREETLIGHT 0 FOUND MONUMENT IN CASE AND SIDEWALK EASEMENT (PUBUE) INSTRUMENT USED. 5 SECOND TOTAL STATION. SEE NOTE 7 ON SHEET 3 OF 4 Q MONUMENT IN CASE SET PER CITY OF AUBURN STANDARDS FIELD SURVEY WAS BY CLOSED TRAVERSE LOOPS, PUBWE PUBLIC WATER EASEMENT MINIMUM CLOSURE OF LOOPS WAS 1:22,000, IN 0 SET REBAR & CAP - LS6 42676 SEE NOTES 6 & 9 ON SHEET 3 OF 4 ACCORDANCE WITH WAG 332 - 130 -090. A SET MAG NAIL AND WASHER PURSE G NOTESEWER SEE BLIC SANITARY N RSHEET 3E OF 4 PLT16 -0001 3-1q-16 PUBWSE PUBLIC WATER AND SANITARY SEWER EASEMENT PREPARED BY VD SEE NOTES 5& 8 ON SHEET 3 0 F 4 a E n c o m r) a s s v, PVDE PRIVATE STORM STORM EASEMENT 4�4�. ENGINEERING S 5 RVEYING DRAINAGE SEE NOTES 1 & 3 ON SHEET 3 OF 4 (��w �j "C Western Washington DIAMon hone I65 NE juniper Streel. Sude 201 • IssaQ_uah, WA 98027 •Phone' (425) 392 -0250 •Fax: (425) 391 -3055 ( PD PVVRDE PRIVATE WALL AND ASSOCIATED STORM DRAINAGE EASEMENT m Eastern Washinglon DNlslon 407 S.11 -ter Blvd. • Cle Elum, WA 98922 • Phone (509) 6]4-7433 • Fax: (5091 674 -7419 SEE NOTE 4 ON SHEET 3 OF 4 �o 'K4Ctsx&a °a „�,, ,,, ,,,,_ ,,,,�,,,"�„ ,,,,. ., ..7'r. curr-r. Exhibit 3 CITY OF IR ; N CERTIFICATE OF IMPROVEMENTS WASHINGTON 1110FANJ 1 0 11 1 0 1 ir-114111,01,1 ftl� COMPLETION OF IMPROVEMENTS The required improvements for the Final Plat of HAZEL VIEW have been completed in accordance with the Land Division Ordinance and the City of Auburn's standards and specifications. �s 20 City "'Engineer Date 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 =14 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: Street $ cc: File: FAC15- Planner Developer Street Trees / Sod $ ORD.0 Page 112 of 225 OFFICE OF THE HEARING EXAMINER KING COUNTY, WASHINGTON 400 Yesler Way, Room 404 Seattle, Washington 98104 Telephone (206) 296 -4660 Facsimile (206) 296 -1654 REPORT AND DECISION Exhibit 4 April 26, 2006 NANNlhlt. SUBJECT: Department of Development and Environmental Services File No. L04P0033 Proposed Ordinance No. 2006 -0104 HAZEL VIEW Preliminary Plat Application Location: Off of Southeast 305th Place in the Lea Hill Area east of Auburn Applicant: Fremantle Development, Inc. represented by Duana Kolouskova Johns Monroe Mitsunaga PLLC 1500 — 114th Avenue Southeast, # 102 Bellevue, Washington 98004 Telephone: (425) 467 -9966 Facsimile: (425) 451 -2818 King County: Department of Development and Environmental Services, represented by Trishah Bull 900 Oakesdale Avenue Southwest Renton, Washington 98055 Telephone: (206) 296 -6758 Facsimile: (206) 296 -7051 SUMMARY OF DECISION /RECOMMENDATIONS: Department's Preliminary Recommendation: Department's Final Recommendation: Examiner's Decision: EXAMINER PROCEEDINGS: Hearing Opened: Hearing Closed: Approve with conditions Approve with conditions Approve with conditions March 30, 2006 March 30, 2006 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. ORD.0 Page 113 of 225 L04P0033 —Hazel View FINDINGS, CONCLUSIONS & DECISION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: General Information: Owner /Developer: Dennis Johnson Fremantle Development, Inc. PO Box 3574 Bellevue, WA 98009 425 -467 -6602 Engineer: Baima & Holmberg Inc. 100 Front Street South Issaquah, WA 98027 425- 392 -0250 STR: 9 -21 -5 Location: The site is located on SE 305ti' Place, via the entrance to the plat of Kingsley Meadows off of 124'1' Avenue SE. The property is located directly east of Rainier Junior High and Hazelwood Elementary. Zoning: R -6 -SO Acreage: 5.22 acres Number of Lots: 20 Density: 3.8 units per acre Lot Size: Ranges from approximately 5,000 to 8,000 square feet Proposed Use: Single - family detached dwellings Sewage Disposal: City of Auburn Water Supply: City of Auburn Fire District: King County District No. 44 School District: Auburn School District No. 408 Complete Application Date: December 28, 2004 2 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 testimony are found to be correct and are incorporated herein by reference. 3. The subject property is a 5.22 acre rectangular parcel located in the unincorporated area just south of the City of Kent and northeast of the City of Auburn. Its specific location is west of 122nd Avenue Southeast and south of Southeast 304th Street in the Lea Hill area. The site terrain slopes generally to the south and southwest, with a curving gulley located in the southeast corner and descending to the south of the property. The site is vegetated primarily with a mixed, species, mixed - growth overstory and typical Northwest groundcover and grasses, and is undeveloped structurally. The surrounding area consists of residentially developed parcels to the east and south, at suburban densities. Other areas are of mixed densities reflecting the area's former status as a rural area; the general Lea Hill area is currently undergoing suburbanization at fairly standard suburban density lots (approximately four units per acre). ORD.0 Page 114 of 225 L04P0033 —Hazel View -' 4. Applicant Fremantle Development, Inc., proposes subdivision of the property into 20 lots for detached single- family residences. The residential density would be approximately 3.8 units per acre, with lot sizes ranging from 5,000 to 8,000 square feet. Internal access to the lots would be provided by the extension of Southeast 305th Place westerly into the site from a temporary cul- de -sac of 122nd Avenue Southeast in the adjacent Kingsley Meadows subdivision and then curving south to terminate in a cul -de -sac in the south central portion. SE 305'1' Place will also be extended east with a 20 foot wide emergency access road adjoining the east side of Lot 30 of Kingsley Meadows. The purpose of this extension is to provide emergency access to the existing 122nd Avenue SE. An emergency access gate will be provided east of the 122nd Avenue SE /SE 305th Street intersection. The access road will be paved easterly from SE 305th Place to the gate, then graveled east of the gate to 122nd Avenue SE. Portions of the property would be devoted to stormwater detention facilities and other drainage facilities, as well as recreation facilities for the subdivision residents. The low gulley area, which contains a Class 3 wetland, will be preserved in a Sensitive Area Tract. Resident school pedestrians would walk to their respective schools, except that high school students would walk to Rainier Middle School and be bused from there to their high school. The school pedestrian path would utilize an existing easement to which the property purportedly maintains rights of usage (although such rights are disputed by neighboring residents and other users of the easement; see Findings 9 and 10 below). 6. Most development runoff from the property would be collected and directed to a single detention and water quality facility located at the midpoint of the west property line. Release would be directed to the existing drainage swale on the adjacent parcel. Nuisance flows to adjacent properties from the northern plateau area and southern western property line would be significantly reduced. 7. The City of Auburn has renewed its commitment of sanitary sewer and water utility services to the development in an Outside Utility Extension Agreement. 8. Adjacent residents upon whose property the walkway easement runs have expressed their opinion that the development would not maintain its easement rights upon redevelopment of the subject site (without citing any legal authorities or compelling language of the easement document), and also are concerned that they will take on additional property owner liability with the use of the easement by additional pedestrians, particularly those of school age. Another concern is that the subject property is not a party to the road maintenance agreement established by such adjacent property owners (although the prospective developer expressed a commitment to participate in the maintenance agreement during the hearing). Additionally, a traffic barrier which was to have been installed in the Kingsley Meadows development has not yet been installed, although it should have been approximately three years ago. (DDES staff stated in response to that statement that it would immediately review the matter to assure that it is installed as required.) 9. It should be noted that the easement in question is intended for eventual conversion to a public road in concert with anticipated future road improvements in the area. Typically, absent evidence to the contrary, an easement of this sort runs with the land regardless of the land's level of development, and would therefore be available for the development's school -age residents to use along their pedestrian route to school. In any case, the Examiner does not have jurisdiction as an administrative hearing officer to adjudicate disputes regarding real property, which jurisdiction resides in Superior Court. [RCW 2.08.010; also see Washington State Constitution, Article IV, § 6] The approach the Examiner will take to address the issue to make the pos"Ovide 115 of' 225 ORD.0 L04P0033 —Hazel View 4 finding that "appropriate provisions" are made for safe walking conditions for school pedestrians (as required by state subdivision law and implementing county code) is to impose a condition that DDES /KCDOT certify in writing prior to final plat approval that such safe walking conditions are in place or dependably anticipated to be provided along the pertinent pedestrian routes or reasonably convenient alternative routes prior to first residential occupancy of the development. Adjudication and /or settlement of the easement use dispute may be required prior to final plat approval to achieve that end. The Examiner shall also implement the applicant's offer to enter into the road maintenance agreement which applies to the easement on a proportional basis, which may go a long way toward ameliorating the neighbors' concerns about maintenance burdens and liability. 10. With existing and scheduled walkway improvements, and the alternative and ascertainment provisions noted above, safe walking conditions would be provided for resident schoolchildren. 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 -6 -SO zone. 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 of preliminary 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 August 22, 2005, 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 Hazel View subdivision, as revised and received August 22, 2005, is approved subject to the following conditions of approval: Compliance with all platting provisions of Title 19 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 which includes'the language set forth in King County Council Motion No. 5952. 3. The plat shall comply with the density requirements of the R -6 -SO zone classification. All lots shall meet the minimum dimensional requirements of the R -6 -SO zone classification or shall be as 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 Environmental Services. ORD.0 Page 116 of 225 L04P0033 —Hazel View 4. 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). 5. 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 preliminary approved plat. Preliminary review has identified the following conditions of approval which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual 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. C. 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." d. The drainage detention facility shall be designed to meet at a minimum the Level 3 Flow Control and Basic Water Quality menu in the 1998 King County Surface Water Design Manual (KCSWDM). e. Appropriate outlet provisions for the Tract A Wetland shall be included in the engineering design plans. F A drainage adjustment (L05VO092) is approved to combine the onsite subbasins into one post - developed detention facility. All conditions of approval for this adjustment shall be incorporated into the engineering plans. The proposed diversion of the easterly 0.81 acre subbasin shall be minimized, employing one or more of the methods outlined in a letter from Ed McCarthy, P.E., P.S. dated November 10, 2005. Other methods for minimizing the diversion may also be considered, as approved by DDES. Details of the design shall be included in the engineering design plans. g. The 100 -year floodplain for any onsite streams or wetlands shall be shown on the engineering plans and the final plat per Special Requirement 2 of the KCSWDM. ORD.0 Page 117 of 225 L04P0033 —Hazel View 6. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: a. The internal access road (SE 305th Place extended) shall be improved at a minimum to the urban subaccess street standard. b. OFFSITE: SE 305th Place adjoining Lot 29 of The Plat of Kingsley Meadows shall be improved at a minimum to the urban one -half street standard. The sidewalk shall extend south along 122 Avenue SE to match the existing sidewalk. SE 305th Place shall also be extended east with a 20 ft wide emergency access road adjoining the east side of Lot 30 of the Plat of Kingsley Meadows. The purpose of this extension is to provide emergency access to the existing 122 Avenue SE. An emergency access gate shall be provided east of the 122nd Avenue SE /SE 305th Street intersection in general conformance with the Area Access Plan dated 10/04/2004. The access road shall be paved easterly from SE 305th Place to the gate, then gravel east of the gate to 122nd Avenue SE. The final design of the emergency gate shall be reviewed and approved by KCDOT and serving emergency responders. C. Tracts D, E and F shall be a minimum 26 feet wide and improved as private access tracts per Section 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 on the final plat map. d. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. 7. All utilities within proposed rights -of -way must be included within a franchise approved by the King County Council prior to final plat recording. 8. 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 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. 9. Lots within this subdivision are subject to King County Code 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 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. 1'0. The planter islands (if any) within the cul -de -sacs shall be maintained by the abutting lot owners or homeowners association. This shall be stated on the face of the final plat. ORD.0 Page 118 of 225 L04P0033 —Hazel View 7 11. The proposed subdivision shall comply with the Sensitive Areas Code as outlined in KCC 21A.24. Permanent survey marking and signs as specified in KCC 21A.24.160 shall also be addressed prior to final plat approval. Temporary marking of sensitive areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. 12. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from KCC 21A.24 shall also be addressed by the applicant. Wetlands a. The on -site class 3 wetland shall have a minimum, undisturbed 25 -foot buffer as measured from the wetland edge. b. The wetland and buffer shall be placed in a Sensitive Areas Tract. c. A 15 foot building setback line (BSBQ is required from the edge of all Sensitive Areas Tracts and shall be shown on all affected lots. d. Road construction in or near wetlands or buffers shall utilize construction techniques such as retaining walls to avoid impacts to sensitive areas. e. Construction and sedimentation fencing shall be used at the edge of the Sensitive Areas Tract boundaries to ensure protection of the sensitive areas during the construction phase of the project. The fencing shall remain in place until after construction is completed. f. To ensure long term protection of the sensitive areas a permanent split - railed type fence and sensitive area signage is required after the construction phase and prior to home building along the Sensitive Area Tract boundary. g. During engineering and /or early start plat review the applicant shall provide a wetland hydrology analysis to demonstrate how the wetland hydrology will be maintained post - construction. 13. The following note shall be shown on the final engineering plan and recorded plat: ORD.0 RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS Dedication of a sensitive area tract /sensitive area and buffer conveys to the public a beneficial interest in the land within the 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 King County, to leave undisturbed all trees and other vegetation within the tract /sensitive area and buffer. The vegetation within the tract /sensitive area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services or its successor agency, unless otherwise provided by law. Page 119 of 225 L04P0033 —Hazel View The common boundary between the tract /sensitive area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of King County 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 allowed beyond the required 15 -foot building setback line, unless otherwise provided by law. 14. Suitable recreation space shall be provided consistent with the requirements of KCC 2 IA. 14.180 and KCC 2 IA. 14.190 (i.e., sport court[s], children's play equipment, picnic table[s], benches, etc.). a. A detailed recreation space plan (i.e., area calculations, dimensions, landscape specifications, equipment specifications, etc.) shall be submitted for review and approval by DDES and King County Parks prior to or concurrent with the submittal of the engineering plan. This plan must not conflict with the Significant Tree Inventory & Mitigation Plan. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. 15. 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, open space and /or sensitive area tract(s). 16. Street trees shall be provided as follows (per KCRS 5.03 and KCC 21A.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. C. 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. d. 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. e. 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 120 of 225 L04P0033 —Hazel View f. 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 684 -1622 to determine if SE 305t1' Place is on a bus route. If SE 305th Place is a bus route, 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. i. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current County fees. 17. To implement KCC 21.A.38.230, Special District Overlay — Significant Trees, which applies to the site, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention and engineering plans shall be consistent with the requirements of KCC. No clearing of the site is permitted until the tree retention plan is approved by DDES. Flagging and temporary fencing of trees to be retained shall be provided, consistent with KCC. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited with the fenced areas around preserved trees, except as may be permitted under the provisions of KCC. 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 KCC 21A.38.230136. The tree retention plan shall be included as part of the final engineering plans for the subject plat. 18. The following have been established by SEPA as necessary requirements to mitigate the adverse environmental impacts of this development. The applicants shall demonstrate compliance with these items prior to final approval: Prior to final approval of construction activities on the site, the boundary between the Sensitive Area Tract(s) and adjacent land shall be identified using a split -rail fence and permanent signs. 19. DDES /KCDOT as appropriate shall certify in writing prior to final plat approval that safe walking conditions are in place or dependably anticipated to be provided along the development's pertinent school pedestrian routes (or reasonably direct, convenient and lawful alternative routes) prior to the first residential occupancy of the development. 20. If the disputed road easement is necessary to be utilized by the development for direct and convenient safe walking conditions for resident schoolchildren, prior to final plat approval the developer shall have entered into the easement's respective road maintenance agreement on a proportional burden basis. In the event of dispute over the appropriate proportional basis, DDES shall be the final arbiter of the appropriate proportionality. ORD.0 Page 121 of 225 L04P0033 —Hazel View 10 21. The applicant shall obtain documentation by the King County Fire Protection Engineer certifying compliance with the fire flow standards of Chapter 17.08 of the King County Code. ORDERED this 26th day of April, 2006. Peter T. Donahue, Deputy King County Hearing Examiner TRANSMITTED this 26th day of April, 2006 to the following parties and interested persons of record: Baima & Holmberg, Inc. Larry & Debbie Beckler Attn: Shupe Holmberg 30505 - 122nd Pl. SE 100 Front St. S. Auburn WA 98092 Issaquah WA 98027 -3817 Elmer Hautala Dennis Johnson 12220 - 25th Ct. SW Fremantle Dev. Inc. Burien WA 98146 P.O. Box 3574 Bellevue WA 98009 Seattle KC Health Dept. Trishah Bull E. Dist. Environ. Health DDES/LUSD 14350 SE Eastgate Way MS OAK -DE -0100 Bellevue WA 98007 Lisa Dinsmore Nick Gillen DDES /LUSD DDES/LUSD MS OAK -DE -0100 MS OAK -DE -0100 Carol Rogers Steve Townsend DDES/LUSD DDES /LUSD MS OAK -DE -0100 MS OAK -DE -0100 Bruce Whittaker DDES/LUSD MS OAK -DE -0100 NOTICE OF RIGHT TO APPEAL City of Auburn Attn: Daniel Heid, Atty. 25 W. Main St. Auburn WA 98001 -4998 Duana Kolouskova Johns Monroe Mitsunaga PLLC 1500 -114th Ave. SE, #102 Bellevue WA 98004 Kim Claussen DDES/LUSD MS OAK -DE -0100 Kristen Langley DDES/LUSD MS OAK -DE -0100 Larry West DDES/LUSD MS OAK -DE -0100 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 10, 2006 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 May 17, 200.6 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 Yd 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 122 of 225 L04P003 —Hazel View I1 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 with.out the need for further action by the Council. MINUTES OF THE MARCH 30, 2006, PUBLIC HEARING ON DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES FILE NO. L04P0033. Peter T. Donahue was the Hearing Examiner in this matter. Participating in the hearing were Trishah Bull, Bruce Whittaker, and Kristen Langley, representing the Department; Duana Kolouskova, Dennis Johnson and Shupe Holmberg; representing the Appellant, and Debbie Beckler and Anthony Courtney. The following Exhibits were offered and entered into the record: Exhibit No. I Department of Development and Environmental Services File No. L04P0033 Exhibit No. 2 Department of Development and Environmental Services Preliminary Report dated March 30,7006 Exhibit No. 3 Application dated December 28, 2004 Exhibit No. 4 Environmental Checklist dated December 28, 2004 Exhibit No. 5 Mitigated Determination of Non - Significance dated February 17, 2006 � Exhibit No. 6 Affidavit of Posting indicating February 15, 2005 as date of posting and February 18, 2005 as the date the affidavit was received by DDES Exhibit No. 7 Preliminary Plat Map & Conceptual Utility Plan dated August 22, 2005 (Revised) Exhibit No. 8 Assessors Maps: NW 09 -21 -05 Exhibit No. 9 Geotechnicarl Engineering Report by Dennis Joule, P.E. received August 23, 2005 Exhibit No. 10 Preliminary Drainage Report by Baima & Holmberg, Inc. received December 28, 2004 Exhibit No. t 1 L05VO092— Approved KCSWDM adjustment dated January 12, 2006 Exhibit No. 12 Conceptual Recreation Space Conceptual Plan received August 25, 2005 Exhibit No. 13 Outside Uti I ity Extension Agreement received March 20, 2006 Exhibit No. 14 Map indicating showing where schools and walkways are located PTD:gao L04P0033 RPT ORD.0 Page 123 of 225 PLT16 -0001 Hazel View Exhibit 5 Printed Date:3 /10/1016 N Map Created by City of Auburn eGIS Information shown is for general reference purposes only and does not necessarily W E F represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. S 'Alu,BURN VVAS I � I N G "i'(') N' Agenda Subject: Ordinance No. 6592, First Reading AGENDA BILL APPROVAL FORM Administrative Recommendation: City Council adopt Ordinance No. 6592. Background Summary: Date: March 7, 2016 Budget Impact: $0 Ordinance No. 6592 (Budget Amendment #5) represents the fifth budget amendment for the 2015 -2016 biennium and the second budget amendment for 2016. For details, see the attached transmittal memorandum and supporting materials. Reviewed by Council Committees: Councilmember: Staff: Coleman Meeting Date: March 21, 2016 Item Number: ORD. F ORD.F AUBURN * MORE THAN YOU IMAGINED Page 125 of 225 ORDINANCE NO. 6 5 9 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING ORDINANCE NO. 6533, THE 2015 -2016 BIENNIAL BUDGET ORDINANCE, AS AMENDED BY ORDINANCE NO. 6558, ORDINANCE NO. 6563, ORDINANCE NO. 6570, AND ORDINANCE NO. 6571, AUTHORIZING AMENDMENT TO THE CITY OF AUBURN 2015 -2016 BUDGET AS SET FORTH IN SCHEDULE "A" AND SCHEDULE "B" WHEREAS, the Auburn City Council at its regular meeting of December 1, 2014, adopted Ordinance No. 6533 which adopted the City of Auburn 2015 -2016 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of April 6, 2015, adopted Ordinance No. 6558 (BA #1) which amended Ordinance No. 6533 which adopted the City of Auburn 2015 -2016 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of July 6, 2015, adopted Ordinance No. 6563 (BA #2) which amended Ordinance No. 6558 which amended the City of Auburn 2015 -2016 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of December 7, 2015, adopted Ordinance No. 6570 (BA #3) which amended Ordinance No. 6563 which amended the City of Auburn 2015 -2016 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of December 7, 2015, adopted Ordinance No. 6571 (BA#4) which amended Ordinance No. 6570 which amended the City of Auburn 2015 -2016 Biennial budget; and Ordinance No, 6592 pVaarrch 16, 2016 OKLTV of 1 Page 126 of 225 WHEREAS, the City of Auburn deems it necessary to appropriate additional funds to the various funds of the 2016 budget as outlined in this Ordinance (BA #5); and WHEREAS, this Ordinance has been approved by one more than the majority of all councilpersons in accordance with RCW 35A.34.200. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Amendment of the 2015 -2016 Biennial Budget. The 2015- 2016 Biennial Budget of the City of Auburn is amended pursuant to Chapter 35A.34 RCW, to reflect the revenues and expenditures as shown on Schedule "A" attached hereto and incorporated herein by reference. The Mayor of the City of Auburn, Washington is hereby authorized to utilize revenue and expenditure amounts shown on said Schedule "A" and Schedule "B". A copy of said Schedule "A" and Schedule "B" is on file with the City Clerk and available for public inspection. Section 2. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid, the remainder of such code, ordinance or regulation or the application thereof to other person or circumstance 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 legislation. ------------------------- Ordinance No. 6592 March 16, 2016 Pa 2of2 ORD e Page 127 of 225 Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam City Clerk APPROVED AS TO FORM: rA( 4S - aniel B. Heid City Attorney PUBLISHED: Ordinance No. 6592 March 18, 2018 ATV of 3 Page 128 of 225 CITY OF *A(jEURN WASHINGTON To: City Council From: Shelley Coleman, Finance Director CC: Nancy Backus, Mayor Date: March 16, 2016 Interoffice Memorandum Re: Ordinance #6592 — 2015 -2016 Budget Amendment #5 The City's biennial 2015 -2016 budget is approved by Council as two one -year appropriations. Budget Amendments #1 through #3 amended the budget for calendar year 2015. Budget amendment #4 was the first budget amendment for calendar year 2016. This amendment is the fifth budget amendment for the biennium and the second budget amendment for calendar year 2016. Proposed amendments to the 2016 budget include: Carry forward requests. Carry - forward requests represent projects and programs that were authorized and started in 2015 but not yet completed at the end of December. Funding is therefore requested to be carried - forward to 2016 for project continuation /completion. The majority of this budget amendment pertain to carry - forward requests, most of which are related to transportation and utility capital projects as follows: Transportation / Utility Projects • Arterial street improvements (Fund #102: $3,224,184) • Lea Hill Road property acquisition and building demolition • Auburn Way South corridor improvements (major funding from state and federal grants and contributions from MIT) • Traffic management and signal improvements • Local street improvements (Fund #103: $924,345) o Local Street pavement reconstruction • Arterial street preservation (Fund #105: $1,610,390) o Arterial pavement patching, chip seal, and overlay Water Utility capital improvements (Fund #460: $4,406,418) • Well 1 improvements • Water meter and billing system improvements (AMI) • Fulmer well field improvements • Auburn Way South flooding • Lakeland Hills Reservoir 5 improvements ORD.F AUBURN � MORE THAN YOU IMAGIr94ge 129 of 225 • Sewer Utility capital improvements (Fund #461: $590,823) • Auburn Way South flooding • Pavement reconstruction • Storm Utility capital improvements (Fund #462: $1,938,168) • 30th St. NE area flooding • Auburn Way South flooding • Eastridge Manor • North Airport area improvements Other Carryforward Requests. Other carryforward requests include general capital improvements, Airport projects, Innovation/Technology projects, and vehicle /equipment replacements and are as follows: • General Fund (Fund #001: $2,656,120) • Development regulation update • Downtown fagade improvement program • Economic development projects • Carry forward residual fund balance to maintain adequate reserves • General capital improvements (Funds #321, 328, and 330: $2,381,384) • Community and Youth/Teen Center • Teutsch development impact fees • City sidewalk repairs and improvements • Cemetery (Fund #436: $12,699) o Installation of new columbarium • Airport capital improvements (Fund #465: $329,911) • Runway enhancement project • General repair and maintenance • Facilities (Fund #505: $366,200) • City Hall atrium • City Hall exterior cleaning • City Hall generator replacement • Innovation and technological projects (Fund #518: $1,299,855) • Fiber optics to golf course and Parks building • Integrated citizen engagement project • System upgrades and expansion • Equipment repair and replacement (Fund #550: $806,001) • Vehicle replacement • Maintenance and Operations vehicle storage bay and lunchroom improvements ORD.F AUBURN � MORI� ..I..HAN YOU IMAGIr94ge 130 of 225 Other requests. Other requests included in this budget amendment establishes spending authority for new items, such as contracts for services, land purchases, and receipt of grant revenues and insurance reimbursements for which an amendment to budget is needed to formally receive and use these resources. This category amends the 2016 budget for the following significant items: • General Fund (Fund #001: $34,163) • Increase state shared revenues — includes increases in expected revenues from the Motor Vehicle Fuel Tax and Liquor Excise Tax. • Reduce citywide telephone B &O tax revenues. • Health Auburn 2020 initiative — extends contract for support on this program. • Reduce budget to reflect health care savings (due to change from Regence to Premera and other net savings). • Arterial Streets (Fund #102: — $209,650) o Technical correction — corrects an adjustment from BA#4 which should have increased fund balance but instead increased construction project budget. • Hotel /Motel Tax Fund (Fund #104: $10,000) o Tourism Board contribution to Parks (for 2015 geocaching and the Veteran's Day parade; these expenditures were authorized in BA #3 but the funds transfer was not accomplished at that time). • Arterial Street Preservation (Fund #105: $310,000) • West Main St. Corridor improvements — covers anticipated additional project costs which exceed the requested carry forward amount. • South 277th St. Corridor improvements — covers anticipated additional project costs which exceed the requested carry forward amount. • Housing & Community Development (Fund #119: $715,398) o Recognize accumulated Community Development Block Grant (CDBG) funds, which must now be spent in 2016. • General Capital Improvements (Fund #328: $440,000) • 4Culture "Building for Culture" grant (for downtown Auburn Arts & Culture Center). • Replacement of M &O facility roof — this was originally budgeted as a repair project, but recent evaluations have indicated that the roof needs to be completely replaced, which will then provide a 20 to 30 year life. • Water Utility (Fund #430: — $46,400) o Reduce budget to reflect health care savings (due to change from Regence to Premera and other savings, net of payment of the admin fee to Employers Health Coalition of Washington). • Sewer Utility (Fund #431: — $37,589) o Reduce budget to reflect health care savings (due to change from Regence to Premera and other savings, net of payment of the admin fee to Employers Health Coalition of Washington). • Storm Utility (Fund #432: — $51,099) o Reduce budget to reflect health care savings (due to change from Regence to Premera and other savings, net of payment of the admin fee to Employers Health Coalition of Washington). • Solid Waste Utility (Fund #434: $20,000) o Consultant assistance with procurement of the 2018 solid waste contract. • Facilities (Fund #505: $36,500) o Custodian for PRAB, Senior Center and Activity Center (new FTE; see Program Improvement #1). ORD.F AUBURN � MORI� ..I..HAN YOU IMAGIr94ge 131 of 225 Innovation and Technology (Fund #518: $56,884) • Purchase and install radio communication at Justice Center and Emergency Operations Center. • Geocortex active operating picture application —this is software to allow Emergency Management to manage all phases of an emergency event within GIS, integrating with many of the City's enterprise applications. • Reduce budget to reflect health care savings (due to change from Regence to Premera and other savings, net of payment of the admin fee to Employers Health Coalition of Washington). • Equipment Repair and Replacement (Fund #550: $779,356) • Early vehicle replacements. • New vehicles and excavator. Council approval of proposed Ordinance 6592 would amend the 2016 budget as follows: Table 1: 2016 Budget as Amended 2016 Budget as Amended $ 254,150,115 Budget Amendment #5 (Ord #6592) 27,180,018 Revised Budget as Amended $281,330,133 Attachments: ❖ 1. Proposed Ordinance #6592 (Budget Adjustment #5) ❖ 2. Summary of proposed 2016 budget adjustments by fund and department (Schedule A) ❖ 3. Summary of approved changes to adopted 2016 budget by fund (Schedule B) ❖ 4. Program Improvement form for new FTE request ORD.F AUBURN � MOU..I..HAN YOU IMAGIr94ge 132 of 225 REQUEST FOR 2016 PROGRAM IMPROVEMENT No. 1 Program Title: Contact Person: Department Name: Custodian FTE Lisa Moore Facilities Funding Sources: Total Cost: Fund 505 Facilities 100% $ 36,500 Salary & Benefits (1/2 year) $ 36,500 Net Increase To 2016 Budget Description of Improvement: With the addition of the Community Center and the daytime activities at the PRAB, Senior Center and Activity Center there is an increased need for a daytime custodian. This positon would cover the buildings above and also be available to for other custodial duties in City facilities. This request includes salary and benefits for the new FTE effective July 1, 2016 — with the funding coming from Facilities working capital. Alternatives: No daytime service to be provided. Advantages of Approval: The buildings at Les Gove Park will receive custodial services throughout the day. Implications of Denial: If this position is denied, Maintenance Techs will continue to respond when time allows and cleaning will fall on staff who occupy the buildings when Facilities is not able to respond. In addition, current custodial staff will be stretched thin with the additional coverage during their evening shift. ORD.F Page 133 of 225 Schedule Summary mf2D1Q Budget Adjustments byFund Budget Amendment #5 (Ordinance #6592) oeg.punu mno mno Ending Fund Balance Revenues Expenditures Balance General Fund (#001) 2016 Adopted Budget 10,547,126.00 59,354,240.00 64,735,529.00 5,165,837.00 6A;U (Ordinance #6571) 2,634,306.56 359,000.00 2,496,746.10 496,560.46 BA#5.(RKqinance #6592, P 2,636,220.00 383,613.00 546,294.36 2,473,538.64 General Fund Revenues: Increase ex�eehaeuRevenues ' 220,000.00 ' 00000000 ity Rental Revenues Assistance 42,000.00 28,475.00 42,000.00 Increase Gambling Excise Tax R v u s..ftqq..�qr�!�.q�sino Balloon P y!n�!I!) 25,000.00 100,000.00 100,000.00 PR9��..P&O Tax Revenues p�.!�tE.M�Eijy�na Excise Tax Revenues Police p De Administration Department: u 1,800.00 1,800.00 pip!q�R�.EM!�ned but Not Received in 2015 26,750.00 26,750.00 xtend Contract to Continue Health Auburn 2020 Initiative 108,967.00 ss Support Services (ASD.0007). 00 30,100.00 �u nd Part-Time Front Counter up S 45-00 32,703.00 32,703.00 Human Resources Department: Comm a ron men tal..Mitigation and Restoration Site Maint. 16,000.00 16,000.00 Assistance 28,475.00 28,475.00 .y.Ey!!q.p��qq.et for Greenhouse Gas Inve r 25,000.00 25,000.00 Environmental Park Master Plan Police p De u 1,800.00 1,800.00 pip!q�R�.EM!�ned but Not Received in 2015 26,750.00 26,750.00 ORDT Page I of 12 Page 134 of 225 3/16/2016 9:04 AM Schedule Summary mf2D1Q Budget Adjustments byFund Budget Amendment #5 (Ordinance #6592) oeg.punu mno mno Ending Fund Balance Revenues Expenditures Balance Public W orks Streets: Tr Y Under Contract at the End of 2015 48,109.00 48,109.00 Parks oe 4Culture Grant for Local Arts Farmer's M k 12,000.00 12,000.00 y Art Pr n Communit 12,000.00 12,000.00 !�te Au Theater Stuqy 14,190.00 20,00 .00 j�2nservation District Grant 20,000.00 20,000.00 "hin 25,000.00 25,000.00 Funds for Veterans' Day, Petpalooza, and Geoca hi 15,000.00 15,000.00 di�r 62,600.00 und Streets Share of M&O FacilitV Roof Repla e e 46,925-00 New TruckMater Tank & Skid 00 onattheJustice en rand EOC..ME.��t.E�T mene,alp u Adjust Budget to Reflect Health Care Savings from Transition to Premera Revised 2016 Budget - Fund 001 ORDT Page 2 of 12 15,817,652.56 60,096,853.00 67,778,569.46 8,135,936.10 Page 135 of 225 3/16/2016 9:04 AM Schedule A Summary of 2016 Budget Adjustments by Fund Budget Amendment #5 (Ordinance #6592) Beg. Fund 2016 2016 Ending Fund Balance Revenues Expenditures Balance Arterial Street Fund #102 2016 Adopted Budget 1,108,704.00 12,088,787.00 12,320,712.00 876,779.00 BA#4 (Ordinance #6571) 920,324.35 2,781,537.00 3,450,392.00 251,469.35 2016 Amended Budq.et ...................................................................................................................... ............................... ........2,029,028.35........14, 870, 324.00.........15, 771, 104.00...........1,128,248.35... BA #5.(Ordinance # 6592,.. Proposed) :............................................................................................ ............................... ........296,030:00...........2, 893, 440.00...........3, 034, 534 .00...............154,936:00... .................................................................................................................................................................................................................................................................................................................................... Carry Forward Budget for A Street NW Extension Project (Transfer from F124) - 55 000.00 ............................... 55 OOOAO - Carry Forward Budget for Lea Hill Road Corridor Improvements (T /F from F124) - 50.000.00 50,000.00 Car Forward Bud et for Mitigation Project Y ................................ 9................................................................................. ..................................................................................................................................................................................... ..... South .277th Street Wetland . 9. 1 15,000 00 15,000 00 ............................... Carry Forward Budget for Auburn Way South & M Street Improvements 36, 239.00 : .......................36, 239.00 Carry Forward Budget for A Street SE Safety Improvements Study 15,000 00 ................................................... - ............................... 15,000 00 - .............. ............................... Carry Fwd Budget for F Street SE Non. Motorized Improvements (T /F from F124) .......................... ............................... 40,000.00 193,995.00 233,995.00 Carry Forward Budget for Auburn Way South Corridor Safety Improvements - 248, 902:00 248, 902:00 Car Forward Bud et for Main Street Signal nal Update Project (Transfer from F124 ! ................................ 0............................................... ............. ............................. .............. ..............................) .................................................................................................................................... - 23,144.00 23,144 00 - ............................... Carry Forward Budget for Traffic Signal Safety Improvements (Transfer from F328) 5,000 :00 1,617.00 6,617.00 - Car Forward Bud et for A St SE & 37th St SE Traffic Si nal Im rovements >! ................................ 0......................................................................... ...............0............... p........................................................................................................................................................................ 53,067 00 148,605 00 201,672 00 ............................... C/F Budget for 22nd & I Street NE Intersection Improvements (T /F from F124) .... . - 195417.00 195 417:00 - Carry Fwd Budget for Traffic Management Center Improvements (T /F from F124) - 125.000.00 125,000.00 Car Forward Bud et for Lea Hill Road Buildin Demolition Transfer from F124 !?! ............................................................................................................................(............................................).................................................................................................................................... 33,515 00 33,515 00 ............................... Carry Forward Budget for Lea Hill Road Property Acquisition (Transfer from F124) - 250.000.00 250,000.00 - .................. Correct Entry from BA#4 for W. Main Street Corridor Improvements Project - (209 650:00) 209 650:00 Carry Forward Budget for AWS Corridor Improvements (Transfer from F124) - 243.429.00 243,429.00 Car Forward Bud et and Ad ust Fundin for AWS Pedestrian Im rovements !?! ................................ 9............................................... 9...................................................... p.................................................................................................................................................................... 165,000 00 219,714 00 54,714 00 ......(.....................).. C/F Budget and Incr Funding for W. Main St. Corridor Imprvmnts (T /F from F124) 113,818.00 770.750.00 884,568.00 C/F Bud et and Incr Fundin for S 277th St Corridor Im rvmnts T/F from F124 ...................... 9........................................... 9................................................................ p..................(...............................)...................................................................................................................................... 17,906 00 389,066 00 406,972 00 ............................... Revised 2016 Budget - Fund 102 2,325,058.35 17,763,764.00 18,805,638.00 1,283,184.35 Local Street Fund #103 2016 Adopted Budget 348,568.00 1,602,500.00 1,600,000.00 351,068.00 9A#4 (Ordinance #6571) 76,856.12 160,000.00 40,053.00 196,803.12 2016 Amended Budq.et ........................................................................................................................... ............................... .......425,424:1.2...........1, 762 .500.00...........1:640,053.00 ...............547,871.12 ................. ................................................................................................................................................................................................................................................................................................................................................................................. ....................... BA #5(Ordinance #6592,.. Proposed) :.................................................................................................... ............................... 924, 345 :00........................... ......:.................... 924: 345. 00........... ......................:........ Car Forward Bud et for Local Street Pavement Preservation Project 163,684.00 163,684.00 Y ................................ 0........................................................................................................... 1.................................................................................................................................................................... ............................... Carry Forward Budget for Local Street Pavement Preservation Project 624,562.00 624,562.00 - .... ............................... Carry Forward Budget for Pavement Patching and Overlay Project 136, 099.00 136, 099.00 Revised 2016 Budget - Fund 103 ORDT Page 3 of 12 1,349,769.12 1,762,500.00 2,564,398.00 547,871.12 Page 136 of 225 3/16/2016 9:04.1 Schedule A Summary of 2016 Budget Adjustments by Fund Budget Amendment #5 (Ordinance #6592) Beg. Fund 2016 2016 Ending Fund Balance Revenues Expenditures Balance Hotel /Motel Tax Fund #104 2016 Adopted Budget 148,031.00 94,940.00 86,000.00 156,971.00 6A#4 (Ordinance #6571) 6,904.58 - 100,000.00 (93,095.42) 2016 Amended Budq.et ................................................................................................................................. ............................... 154, 935.58.................94 ,940.00...............186,000.00 ..................63,875.58... ........ BA #5. (Ord i nan ce # 6592,.. Prop .......................................................................................................................................................................................... ............................10, 000: 00. .................. (10,OO9:991 .................................................................................................................................................................................................................................................................................................................................... ............................... Recoq.nize Tourism Board Contribution to General Fund (Parks Dept. from 2015 - 10 000.00 (10 000:00 .........F .. ............s' f'................................. ............................... ......... .. ............. .... ............................... T/F Funds To Parks for Veterans' Da , Pet alooza, and Geocachin T/F to F001 104 00 597 300 55 OPERATING TRANSFERS OUT 15,000 00 104 00 557 300 41 PROFESSIONAL SERVICES (15,000 00) Revised 2016 Budget - Fund 104 154,935.58 94,940.00 196,000.00 53,875.58 Arterial Street Preservation Fund #105 2016 Adopted Budget 461,200.00 3,127,300.00 3,351,390.00 237,110.00 6A#4 (Ordinance #6571) (113,936.10) (90,000.00) (25,207.00) (178,729.10) 2016 Amended Budq.et ................................................................................................................................. ............................... 347, 263:90...........3, 037 ,300.00...........3,326,183.00 ..................58,380:90... BA #5.(Ordinance # 6592,.. Proposed� :.................................................................................................. .............................1, 959, 664: 00....... .........(39,274.OU�.........1, 960, 390:00 .................(40,000:00.. .................................................................................................................................................................................................................................................................................................................................... Reduce Citywide Telephone B &O Tax Revenues .......................................................................................................... .....'.....................(40, ............................... 000: 00�..... ..........................'.... ..................(40,000:00.. Carry Forward Budget for Auburn Warr North Preservation Project 33,837 :00 726:00 34:563.00 Carry Forward Budget for Pavement Patching and Overlay Project 478,699:00 478, 699:00 Carry Forward Budget for 30th Street Flooding Project...... 26,394 00 ................... ..............:................ 26:394 00........... ......................:........ Carry Forward Budget for B Street NW.Reconstruction Project ..1, 070, 734: 00 ..................... .............................1, 070, 734: 00........... ............................... Increase Bud et for West Main Street Corridor rovements Project ................................................... ............................... P...... ............................... J........................................................................................................................................................................ 150,000 00 - 150,000 00 - ............................... Increase Budget for South 277th Street Corridor Improvements Project .................................. ..l .m... 200,000 :00 200,000.00 - ORDT Revised 2016 Budget - Fund 105 2,306,927.90 2,998,026.00 5,286,573.00 18,380.90 Housing & Comm Develop Fund #119 2016 Adopted Budget 37,371.00 450,000.00 440,000.00 47,371.00 9A#4 (Ordinance #6571) 17,533.21 - - 17,533.21 2016 Amended Budq.et ....................................................................................................................................... ............................54, 904.21............... 450. 000:00...............440:000.00 ..................64,904.21.... BA #5.(Ordinance # 6592,.. Proposed� :........................................................................................................................................... ..........'.................... 715. 398.00...............715: 398. 00........... ......................:........ Recognize Accumulated Community Development Block Grant (CDBG) Funds - 715.398.00 715:398.00 Revised 2016 Budget - Fund 119 54,904.21 1,165,398.00 1,155,398.00 64,904.21 Page 4 of 12 Page 137 of 225 3/16/2016 9:04 AM Schedule A Summary of 2016 Budget Adjustments by Fund Budget Amendment #5 (Ordinance #6592) Beg. Fund 2016 2016 Ending Fund Balance Revenues Expenditures Balance Cumulative Reserve Fund #122 2016 Adopted Budget 6,238,304.00 14,200.00 1,917,084.00 4,335,420.00 BA#4 (Ordinance #6571) 1,517,482.23 1,500,000.00 - 3,017,482.23 2016 Amended Budq.et ................................................................................................................................ .............................7, 755, 786.23...........1, 514, 200.00...........1, 917, 084.00...........7,352,902.23... ........ BA #5.(Ordinance # 6592,.. Proposed) ........................................................................................................... ............................20, 214: 00............................ .............................36 ,214 .00 ................. (16,000 .................................................................................................................................................................................................................................................................................................................................... ............................... Funding for Golf Course Mower (Transfer Out to F550) ...................................................... ............................20, 214:00 :.......................36, 214 .00................(16,000:00 Revised 2016 Budget - Fund 122 7,776,000.23 1,514,200.00 1,953,298.00 7,336,902.23 Mitigation Fees Fund #124 2016 Adopted Budget 2,614,431.00 994,890.00 1,221,827.00 2,387,494.00 9A#4 (Ordinance #6571) 801,664.48 - 875,100.00 (73,435.52) 2016 Amended Budq.et ................................................................................................................................ .............................3: 416, 095:48............... 994. 890:00...........2. 096 :927.00...........2:314,058.48 .......................... BA #5.(Ordinance #6592,.. Proposed) :................................................................................................. ............................... ...853,082:00..............400. 000:00...........1: 453: 082. 00..............(200,000:00).. .................................................................................................................................................................................................................................................................................................................................... Transfer Out Traffic Impact Fees for ..A.... ..W.........S Improvements (Transfer to F102) - ......... ............................... - ............................... ............................... (100,000:00 C/F REET2 Oper Transfer for Teutsch Development Impact Fees (T /F from F328) - 6...................... 400,000:00 - .....................1...0...0....0..0...0...-.0...0 .. 400,000 :00 Car Forward Bud et for A Street NW Extension Pro ect Transfer to F102 Y ................................ 0.....................................................................................(..................................... j.................................................................................................................................................. 55,000 00 55,000 00 ............................... Carry Forward Budget for Lea Hill Road Corridor Improvements (T /F to F102) 50,000:00 50,000.00 - Car Forward Bud et for Main Street Si nal U rade Pro ect Transfer to F102 ! ................................ 0............................................... 0............. P. O....................1.........(........ ..............................) ....................................................................................................................................... 23,144 00 23,144 00 ............................... Carry Forward Budget for F Street SE Non .Motorized Improvements (T/F to F102) 55,065 :00 55,065.00 - Car Fwd Bud et for 22nd & I Street NE Intersection Im rovements T/F to F102 !?! .................................................................................................................. p...........................(..........................)..................................................................................................................................... 37,129 00 37,129 00 ............................... Carry Fwd Budget for Traffic Management Center Improvements (T /F to F102) 125,000:00 125,000:00 - Car Forward Bud et for Lea Hill Road BuiIdin Demolition Transfer to F102 !?! ............................................................................................................................(......................................).......................................................................................................................................... 33,515 00 33,515 00 ............................... Carry Forward Budget for Lea Hill Road Property Acquisition (Transfer to F102) . 250,000.00 ......................... 250 000.00 - C/F q.et for Planning for Sunset Park Pla�r round Expansion (T /F to F321) 15,000:00 15:000.00 !Bud Car Forward Bud et for AWS Corridor Im rovements Pro ect Transfer to F102 ! ................................ 9...................................................... p................................... J.........(.....................................).................................................................................................................................... 209,229 00 209,229 00 ............................... New Fundin for W. Main Street Corridor Im rovements Pro'ect Transfer to F102 150,000.00 150,000.00 New Funding for S. 277th Street Corridor Improvements Project (Transfer to F102) - 350,000-00 (350,000:00 Revised 2016 Budget - Fund 124 ORDT Page 5 of 12 4,269,177.48 1,394,890.00 3,550,009.00 2,114,058.48 Page 138 of 225 3/16/2016 9:04 AM Schedule Summary mf2D1Q Budget Adjustments byFund Budget Amendment #5 (Ordinance #6592) oeg.punu mno mno Ending Fund Balance Revenues Expenditures Balance Parks Construction Fund (#321) 2016 Adopted Budget 507,236.00 9,016,000.00 9,155,000.00 368,236.00 6A;U (Ordinance #6571) 28,166.33 (3,000,000.00) (3,000,000.00) 28,166.33 BA#5.(RKqinance #6592, P 154,327.00 1,183,718.00 1,338,045.00 dirry2qrnEq.h�'nds for Parks Acq.uisitions 46,414.00 46,414.00 25,000.00 25,000.00 diF B 15,000.00 15,000.00 Sources for C mm n!t Ctr - 1,143,718.00 1,143,718.00 Revised 2016 Budget - Fund 321 689,729.33 7,199,718.00 7,493,045.00 396,402.33 Capital improvements Fund (#328) 2016 Adopted Budget 8,627,868.00 1,756,036.00 5,561,324.00 4,822,580.00 6A;U (Ordinance #6571) (1,963,636.22) 1,200,000.00 (1,255,000.00) 491,363.78 rdinance #6592, P 3,581,892.00 995,000.00 4,576,892.00 i a y.EgEnEqJ�!P Funds for Public Art at the Auburn Commun t .00 73,000.00 !! F430, F431, F43.2,..F505 240,000.00 240,000.00 Cff.iiEET2 Operating Transfer for Teutsch.D vel Impact Fees..(!K�!!nNEla.EIN ................... A�R,000.00 400,000.00 dirry22rnEq..ff6,a 25,000.00 25,000.00 et for Council Chamber Remod 120,000.00 120,000.00 94,000.00 94,000.00 raffic Signal Safety I e ents (Transfer 1,617.00 !pn.qi and Youth/Teen Center 402,037.00 2,402,037.00 Revised 2016 Budget - Fund 328 ORDT Page 6 of 12 10,246,123.78 3,951,036.00 8,883,216.00 5,313,943.78 Page 139 of 225 3/16/2016 9:04 AM Schedule A Summary of 2016 Budget Adjustments by Fund Budget Amendment #5 (Ordinance #6592) Beg. Fund 2016 2016 Ending Fund Balance Revenues Expenditures Balance Local Revitalization Fund #330 2016 Adopted Budget - - - - BA#4 (Ordinance #6571) 329,450.00 - - 329,450.00 2016 Amended Budget .................................................................................................................................. ............................... 329, 450: 00.................................:.......... ............................'.. ..................329,450:00... ...................... BA #5(Ordinance # 6592,.. Proposed) ..................................................................................................... ............................... 135, 101.: �� .............................. ........................135,101 : 00........... ............................... .................................................................................................................................................................................................................................................................................................................................... ............................... Carry Forward Funds for the City Downtown Public Parking Lot Reconfiguration 135,101.00 135,101.00 - ............................ Revised 2016 Budget - Fund 330 464,551.00 - 135,101.00 329,450.00 Water Fund #430 2016 Adopted Budget 5,374,953.00 14,264,636.00 15,748,910.00 3,890,679.00 9A#4 (Ordinance #6571) 510,045.51 3,050,000.00 2,572,199.18 987,846.33 2016 Amended Budget ................................................................................................................................ .............................5, 884, 998.51.........17, 314. 636.00.........18. 321 ,109.18...........4,878,525.33 .......................... BA #5.(Ordinance #6592,.. Proposed) :.......................................................................................................... ............................13, 250. 50............................. ....:.......................24, 859.50 .................(11:609:00).. .................................................................................................................................................................................................................................................................................................................................... Payment of Admen Fee to Employers Health Coalition of Washington (T /F to F001) - 12,700.00 ............................... (12,700:00 Fund Water Share of M &O Facile Roof Replace ment Transfer to F328 .....................................................................tX.................... ........................(.....................................).......................................................................................................................................................... 46,925-00 46,925 00 ......(.....................).. Ad)ust Budget to Reflect Health Care Savings from Transition to Premera - X59,100.00) 59,100:00 Additional Fundin from Water to U rade Vehicle Re lacements T/F to F550 ...iF .................................. 9....................................... p.. 9..................................... p..........................(..........................)......................................................................................................................................... 11,084 00 11,084 00 ......(.....................).. C/F Budget for M &O Small Equipment &Tool Storage Building (T /F to F550) 13,250.50 13,250.50 Revised 2016 Budget - Fund 430 5,898,249.01 17,314,636.00 18,345,968.68 4,866,916.33 Sewer Fund #431 2016 Adopted Budget 8,825,703.00 8,171,011.00 9,793,077.00 7,203,637.00 6A#4 (Ordinance #6571) 726,460.61 - 39,374.18 687,086.43 2016 Amended Budget 9,552,163.61 8,171,011.00 9,832,451.18 7,890,723.43 BA #5.(Ordinance # 6592,.. Proposed) :.......................................................................................................... ............................13, 250. 50............................. ....:.......................55, 918.86 ................. (42,668.36).. Payment of Admen Fee to Employers Health Coalition of Washington (T /F to F001) - 8,500.00 (8,500:00 .............................. .......... ............................... ....................... Fund Sewer Share of M &O Facility Roof Replacement (Transfer to F328) - 46,925.00 (46,925:00 Ad ust Bud et to Reflect Health Care Savings from Transition to Premera 46,089 00 46,089 00 Fund Sewer Share o..135G Excavator Transfer Out to F550) ..................................................................................-.................................. ............................33: 332 .36................(33,332:36 C/F Budget for M &O Small Equipment &Tool Storage Building (T /F to F550) 13,250.50 - 13,250 50 ...... ................................... ............................... ......... ............................ Revised 2016 Budget - Fund 431 ORDT Page 7 of 12 9,565,414.11 8,171,011.00 9,888,370.04 7,848,055.07 Page 140 of 225 3/16/2016 9:04 AM Schedule A Summary of 2016 Budget Adjustments by Fund Budget Amendment #5 (Ordinance #6592) Beg. Fund 2016 2016 Ending Fund Balance Revenues Expenditures Balance Storm Drainage Fund #432 2016 Adopted Budget 7,781,286.00 9,576,161.00 9,784,730.00 7,572,717.00 6A#4 (Ordinance #6571) 427,263.86 50,000.00 202,391.28 274,872.58 2016 Amended Budget ................................................................................................................................ .............................8, 208, 549:86...........9 ,626,161.00...........9,987,121.28 ...........7,847,589.58... BA #5.(Ordinance # 6592,.. Proposed) :.......................................................................................................... ............................13, 250. 50............................. ....:.......................84, 280.86 ................. (71,030.36).. .................................................................................................................................................................................................................................................................................................................................... Payment of Admen Fee to Employers Health Coalition of Washington (T /F to F001) - 12,100.00 ............................... (12,100.00 Fund Storm Share of M &O Facile Roof Re lacement T/F Out to F328 ..................................................................... ry.................... p........................(...................................)............................................................................................................................................................ 46,925-00 46,925 00 ......(.....................).. Adjust Budget to Reflect Health Care Savings from Transition to Premera - X63,199.00) 63,199.00 Fund Re lacement of Two Storm Tractors Transfer Out to F550 P .............................................................................(................................................).......................................................................................................................................................................... 41,872 00 41,872 00 ......(.....................).. Fund Storm Share of 135G Excavator (Transfer Out to F550) ..................................................................................-.................................. .... :.......................33, 332.36 (33,332.36 C/F Budget for M &O Small Equipment &Tool Storage Building �T /F to F550) 13,250.50 13,250 50 Revised 2016 Budget - Fund 432 8,221,800.36 9,626,161.00 10,071,402.14 7,776,559.22 Solid Waste Fund #434 2016 Adopted Budget 2,858,461.00 13,427,400.00 13,040,602.00 3,245,259.00 6A#4 (Ordinance #6571) 223,815.95 - (5,689.62) 229,505.57 2016 Amended Budget ................................................................................................................................ .............................3, 082, 276.95........13, 427, 400.00.........13, 034, 912 .38...........3,474,764.57... ......................................................................................................................................................................................................................................................................................................................................... ............................... ........ BA #5. (Ordinance # 6592,. . Proposed) :................................................................................................................................................................................... ............................... 170,000.00..............E 170,000.00.).. Funding for Consultant to Assist with 2018 Solid Waste Contract 20 IncreaseBudget to .Cover .................................Roll -Off Quantities 150,000.00 ........ ................................................ ............................. a .................................................................................................................-.................................................................................... 1..5...0...,.0...0...0.....0..0.. .. Revised 2016 Budget - Fund 434 3,082,276.95 13,427,400.00 13,204,912.38 3,304,764.57 Cemetery Fund #436 2016 Adopted Budget 156,448.00 1,178,300.00 1,098,229.00 236,519.00 6A#4 (Ordinance #6571) 184,237.35 - 8,131.94 176,105.41 2016 Amended Budget .................................................................................................................................. ............................... 340, 685.35...........1, 178, 300.00...........1, 106, 360. 94...............412,624.41.... ........ BA #5.(Ordinance # 6592,.. Proposed) ........................................................................................................... ............................12, 699. 00............................. ............................12, 699. 00........... ............................... ORDT ...Ca. ................................................................................................................................................................................................................................................................................................................ ............................... rry12, 699. 00a , . w .. ......... ............ . ................................................. ............................ ............................. ........................... ........... ......................'........ Revised 2016 Budget - Fund 436 353,384.35 1,178,300.00 1,119,059.94 412,624.41 Page 8 of 12 Page 141 of 225 3/16/2016 9:04 AM Schedule A Summary of 2016 Budget Adjustments by Fund Budget Amendment #5 (Ordinance #6592) Beg. Fund 2016 2016 Ending Fund Balance Revenues Expenditures Balance Water Capital Fund #460 2016 Adopted Budget - - - - 6A#4 (Ordinance #6571) - - - - 2016 Amended Budq.et ...................................................................................................................................................................................'........ ..............................: - - ......................................................... ............................... BA #5.(Ordinance # 6592,.. Proposed� :..................................................................................... ............................... ...........3,586,381.:00....... 590,823.00 ........................... ........820,037.00...........4, 406, 418.00........... ......................'........ .................................................................................................................................................................................................................................................................................................................................... Carry Forward Budget for Well 1 Improvements Project ............................................. ............................... 593,572 :00....... ............................... 820,037.00 1, 413, 609.00 Car Forward Bud et for West Hill S rin s Im rovements Project ! ................................ 0........................................ P....... 9.......... P..................................1.............................................................................................................................................................................. 41,904 00 - 41,904 00 - ............................... Carry Forward Budget for Water Comprehensive Plan..�.P.. date .......... ............................... .........................44,676 : 00............................. ....:.......................44, 676.00........... ......................'........ Carry Forward Budget for Auburn Way S Muckleshoot Plaza to Dogwood 55,000 00 - 55 000".'0' 00 Carry Forward Budget for Fulmer Well Field Improvements Project ....................... ...........................417, 567 :00........................... ...........................417, 567: 00........... ............................... Car Fwd Bud et for Water Meter & Billing stem Im rovements Project AMI ! .......................................................... .............................Y! ................ P................................... j.........(........)....................................................................................................................................... 930,500 00 - 930,500 00 - ............................... Carry Forward Budget for Lakeland Hills Reservoir 5 Improvements Project 378,666 :00 378,666:00 - Car Forward Bud et for M Street SE Storm Im rovements Pro ect Y ................................ 0................................... ....... ...................... p.................................. J........................................................................................................................................................................................................... 46,954 00 46,954 00 Carry Forward Budget for Valle�r AC Main Replacement Project 30, 414:00 : .......................30,414.00 Carry Forward Budget for Muckleshoot Indian Tribe Master Meters ........ 27,170 00 ................. ............................... - 27,170 00 - .............. ............................... Carry Forward Budget for F Street SE Non .Motorized Improvements Project 97,496 :00 97,496.00 - Car Forward Bud et for Well 4 Power and Chlorination Pro ect Y ................................ 0.............................................................................................. J................................................................................................................................................................................... 190,696 00 190,696 00 ............................... Carry Forward Budget for Auburn Way S Flooding Improvements Phase 2 402, 888:00 402, 888.00 Carry Forward Budget for Auburn Way South Dogwood to Fir 23,704 00 23,704 00 Carry Forward Budget for Local Street Pavement Restoration Project 105,174:00 105,174.00 - Car Forward Bud et for 24 White River Crossin Pro ect >! ................................ 0................................................ .....................0......... j................................................................................................................................................................................................ 200,000 00 200,000 00 ............................... Revised 2016 Budget - Fund 460 3,586,381.00 820,037.00 4,406,418.00 - Sewer Capital Fund #461 2016 Adopted Budget - - - - 6A#4 (Ordinance #6571) - - - - 2016 Amended Budq.et ...................................................................................................................................................................................'........ ..............................: - - ......................................................... ............................... ........ BA #5.(Ordinance #6592,.. Proposed) ..................................................................................................... ............................... 590,823.00 ........................... ...........................590, 823: 00........... ............................... .................................................................................................................................................................................................................................................................................................................................... Carry Forward Budget for Local Street Pavement Restoration 171, 235 :00 ........................... ............................... 171, 235.00 Carry Forward Budget for Auburn Way S Flooding Phase. 2 .............. ............................... ........................380,000 00................... ..............:................ 380,000 00... ..............................: . Carry Forward Budget for F Street SE Non - Motorized Improvements Project 21,475:00 21,475:00 - Car Forward Bud et for Sewer Pum Station Im rovements ! ................................ 0......................................... P......................... P............................................................................................................................................................................................................ 18,113 00 18,113 00 ............................... Revised 2016 Budget - Fund 461 ORDT Page 9 of 12 590,823.00 - 590,823.00 - Page 142 of 225 3/16/2016 9:04 AM Schedule A Summary of 2016 Budget Adjustments by Fund Budget Amendment #5 (Ordinance #6592) Beg. Fund 2016 2016 Ending Fund Balance Revenues Expenditures Balance Storm Drainage Capital Fund #462 2016 Adopted Budget - - - - 6A#4 (Ordinance #6571) - - - - 2016 Amended Budq.et ...................................................................................................................................................................................'........ ..............................: - - ......................................................... ............................... BA #5.(Ordinance # 6592,.. Proposed� :.................................................................................... ............................... ............1,630,362:00....... ........307,806.00...........1, 938, 168.00........... ......................'........ .................................................................................................................................................................................................................................................................................................................................... Carry Forward Budget for Hi -Crest Storm Pipeline Repair & Replacement Project 6,000:00 ............................... 6,000.00 - Car Forward Bud et for M Street SE Im rovements Pro ect ! ................................ 0................................................. P............................................................................................................................................................................................................................. 21,140".'0' 00 21,140".'0' 00 ............................... Carry Forward Budget for M &O Storm Drainage Improvement Project 10, 000:00 : .......................10,000.00 Car Forward Bud et for 30th St NE Area Floodin Phase 1 B Pro ect Y ................................ 0........................................................................................................ J...................................................................................................................................................................... 300,000.00 300,000 00 - ............................... Carry Forward Budget for Eastrid.e..Manor Project ........................................................ ............................... 237, 832 : 00....................... ..........:.................... 237, 832.00........... ......................'........ Car Forward Bud et for North Air ort Area Im rovements Project rY ......... 0 ......... p............ p .................................. 1.......................... ............................... 40,000 00 . ............................... - 40,000 00 - ........ ......... ............................... Carry Forward Budget for Mill Creek Wetland 5K Project Grant Funded .................... ............................... - 7,806:00 7, 806:00 Car Forward Bud et for Auburn Wa S Floodin Im rovements Phase 2 ! ................................ 0........................................ X........................ 0........ P...................... .................................................................................................................................................................. 485,000.00 - 485,000 00 - ........................................... Carry Forward Budget for 30th St: NE Area Flooding Phase. 1. A ............. ............................... 830, 390:00 830,390.00 Revised 2016 Budget - Fund 462 1,630,362.00 307,806.00 1,938,168.00 - Airport Capital Fund #465 2016 Adopted Budget - - - - 9A#4 (Ordinance #6571) - - - - 2016 Amended Budq.et ..................................................................................................................................................... ................................ - - - ................................................................................................ ............................... BA #5.(Ordinance # 6592,.. Proposed� :............................................................................................... ............................... .....184,621.:0 ............... 145. 290.00............... 329, 911: 00........... ......................:........ .................................................................................................................................................................................................................................................................................................................................... ............................... Carry Forward Budget for Runway Enhancement Project ................................................. .............................5, 585.00 106.120.00 111, 705.00 Carry Forward Budget for the SlurrX Seal Project 71,165 00 39,170.00 110,335 00 - Carry Forward Budget for the South T- Hangar Row 3 Enclo s re Project 72, 871: 00 ............................. .... :.......................72: 871.00 Carry Forward Budget for General Repair and Maintenance 35,000 00 - 35 000 00 - Revised 2016 Budget - Fund 465 ORDT Page 10 of 12 184,621.00 145,290.00 329,911.00 - Page 143 of 225 3/16/2016 9:04 AM Schedule A Summary of 2016 Budget Adjustments by Fund Budget Amendment #5 (Ordinance #6592) Beg. Fund 2016 2016 Ending Fund Balance Revenues Expenditures Balance Facilities Fund #505 2016 Adopted Budget 1,346,478.00 3,598,400.00 3,797,528.00 1,147,350.00 6A#4 (Ordinance #6571) 618,684.61 - 46,520.00 572,164.61 2016 Amended Budq.et ................................................................................................................................ .............................1, 965, 162:61............3, 598 ,400.00...........3,844,048.00 ...........1,719,514:61.... BA #5.(Ordinance # 6592,.. Proposed) :........................................................................................... ............................... .........404,700:00............ ..(100,00000).............655, 000 00..............(350,300 .00.).. .................................................................................................................................................................................................................................................................................................................................... T/F Roof Repair Budget for M &O Facility Roof Replacement (Transfer Out to F328) ........... 52,300.00 52,300.00 ............................... - Carry Forward Budget for City Hall Generator Replacement (Transfer to F328) 100,000:0 0 10 0:000:00 17,500.00 - New FT Custodian for PRA B, Senior Center and Active ! Cen ter startin Jul 1 ..................(....................... X....).......................................................................................... ..........:.................... 36,500-00 .......................... ........ 36,500 00 .........(..................... ).. Carry Forward Budget for City Hall Atrium Pro) ect .......................................................... ............................... 229, 700: 00....................... ............................... 229, 700: 00........... ............................... Carry Forward Budget for City Hall Exterior Cleaning 107,000 00 - ................................ ............................... 107,000 00 ......... .............. - ............................... Carry Forward Budget for City Hall Water Repellant Pro�ect ........................................... ............................54, 500: 00............................. ....:.......................54: 500. 00........... ......................:........ Carry Forward Budget for Justice Center Exterior Paint Project ......... ......... 50 000 00 - 50 000 00 - ............................ Carry Forward Budget for Update /Remodel of PRAB Restrooms ................................ ............................25, 000:00 :.......................25: 000.00 Reduce Bud.et for Expected Grants from the Department of Commerce (100,000:00) (100,000901 Technical Adjustment to Zero Out Unused Workin Capital Account ................................. 1............................................................................................. p............................................................................(........................)........................................................................................ 213,800 00 213,800 00 ....(.......................).. Revised 2016 Budget - Fund 505 2,369,862.61 3,498,400.00 4,499,048.00 1,369,214.61 Innovation & Technology Fund #518 2016 Adopted Budget 1,828,866.00 5,639,465.00 5,582,583.00 1,885,748.00 6A#4 (Ordinance #6571) 394,683.07 10,000.00 - 404,683.07 2016 Amended Budq.et ........................................................................................................................ ............................... ......2,223,549:07...........5, 649, 465.00...........5, 582, 583 .00...........2,290,431.:07... BA #5.(Ordinance # 6592,.. Proposed) :............................................................................................ ............................... ....1,299,855:00............... 116,100.00...........1, 356, 739.00..................59,216:00... .................................................................................................................................................................................................................................................................................................................................... Technology Costs for Police Patrol Car (POLA015) (Transfer In from F001) - 12,600.00 ............................... 12,600.00 - Ad ust Bud et to Reflect Health Care Sawn s from Transition to Premera .................................................................................................................................................................................................................................................................................(.....................)........... 59,216 00 59,216 00 ............................... Emerg Mmt Contrib to Geocortex Active Operating Picture Applic (T /F from F001) - ..................... ............................... .. 17,500.00 17,500.00 - Miscellaneous Project Carry Forward Rec�uests ................................................................ ............................... 949, 855: 00....................... ..........:.................... 949: 855. 00........... ......................:........ Funding for Radio Communication at the Justice Center and EOC (T /F from F001) - 86,000.00 86,000.00 - Revised 2016 Budget - Fund 518 ORD.F Page 11 of 12 3,523,404.07 5,765,565.00 6,939,322.00 2,349,647.07 Page 144 of 225 3/16/2016 9:04 AM Schedule A Summary of 2016 Budget Adjustments by Fund Budget Amendment #5 (Ordinance #6592) Beg. Fund 2016 2016 Ending Fund Balance Revenues Expenditures Balance Equipment Rental Fund #550 2016 Adopted Budget 3,184,883.00 3,669,480.00 4,638,014.00 2,216,349.00 BA#4 (Ordinance #6571) 491,597.94 37,000.00 (1,046.06) 529,644.00 2016 Amended Budget ................................................................................................................................ .............................3, 676, 480:94...........3, 706, 480.00...........4, 636, 967 .94...........2,745,993:00... BA #5.(Ordinance # 6592,.. Proposed) :.................................................................................................... ............................... 766, 249.50............... 282, 572.58...........1, 585, 357. 20..............(536,535.12).. .................................................................................................................................................................................................................................................................................................................................... Reallocate Budget for Leased Police Equipment from M &O ....................................................................................................... - - ............................... (34,000.00) ............................... 34,000.00 Equipment Rental Costs for Police Patrol Car (POL.0015) (Transfer In from F001) ............................. ............................... ...................... - 50,000.00 ........................ 50,000.00 ....................... C/F Budget for M &O Equip &Tool Storage Bldg Project (T /F from F430, F431, F432) 13,250.50 39,751.50 53,002.00 ......................... - ............................... Fun ..... ........................... m 99:997:08 44,14020 : 55,856:88o Carry Forward Budget for M &O Vehicle Storage BaX Improvements 50, 000.00 : .......................50, 000.00 Carry Forward Budget for M &O Lunchroom Expansion...... 45,000 00 . ............................... .:.......................45000 00... ..............................: Carry Forward Budget for Purchase of Vehicles and Equipment 6 99 00 57, 9. ........................... 657, 999.00 Funding for Early Replacement of Storm Side Arm Mower 131,734 00 ............. (131: 734:00 Funding for Replacement of Streets Water Truck ............................................................. ............................... - 105,981.00 (105,981.00 Funding for Replacement of Four Vehicles (Jeep Liberty.' s) .................................................................................................................... ............................... 108. 500. 00..............(108,500:00).. Funding for Replacement of Storm Crosswind Sweeper - - ....... ............................... 280,177-00 ..... (280,177 00� Add'I Funding from Streets for New Truck Body/Water Tank &Skid (T /F from F001) ............................. - 3.654.00 3,654.00 Additional Funding from Water to Upgrade Vehicle Replacements (T/F from F430) ...... ............................... .. ................. .............. ... - 11 084.00 ........,................................................................... 11 084.00 - ............................... Funding for Golf Course Mower (Transfer In from F122) .......................................................................................... .....'......................36. 214.00..................36, 214. 00........... ......................:........ Early Replacement of Storm Tractors (Transfer In from F432� ...................................................................... - 41,872.00 ............................... ............... ............................... 41,872 00 .............. - ............................... Revised 2016 Budget - Fund 550 4,442,730.44 3,989,052.58 6,222,325.14 2,209,457.88 Grand Total -All Funds 2016 Adopted Budget 70,939,707.00 169,297,448.00 185,515,218.00 54,721,937.00 9A#4 (Ordinance #6571) 7,855,423.31 6,057,537.00 5,584,066.72 8,328,893.59 2016 Amended Budget 78,795,130.31 175,354,985.00 191,099,284.72 63,050,830.59 TOTAL BA #5 Ordinance #6592, Proposed) 19,076,317.00 8,103,700.58 25,940,469.78 1,239,547.80 Revised 2016 Budget ORDT Page 12 of 12 97,871,447.31 183,458,685.58 217,039,754.50 64,290,378.39 281,330,132.89 281,330,132.89 Page 145 of 225 3/16/2016 9:04 AM Schedule B 2016 Appropriations by Fund 2016 2016 Adopted BA#4 BA#5 Total Revised Fund Budget (Ord #6571) (Ord #6592) Amendments Budget General Fund ( #001) 69,901,366 2,993,307 3,019,833 6,013,140 75,914,506 Arterial Street Fund ( #102) 13,197,491 3,701,861 3,189,470 6,891,331 20,088,822 Local Street Fund ( #103) 1,951,068 236,856 924,345 1,161,201 3,112,269 Hotel Motel Fund ( #104) 242,971 6,905 - 6,905 249,876 Arterial Street Preservation Fund ( #105) 3,588,500 (203,936) 1,920,390 1,716,454 5,304,954 Drug Forfeiture Fund ( #117) 395,157 34,416 - 34,416 429,573 Housing and Community Development Grant Fund ( #119) 487,371 17,533 715,398 732,931 1,220,302 Recreation Trails Fund ( #120) 50,977 (761) - (761) 50,216 Business Improvement Area Fund ( #121) 96,332 (9,841) - (9,841) 86,491 Cumulative Reserve Fund ( #122) 6,252,504 3,017,482 20,214 3,037,696 9,290,200 Mitigation Fees Fund ( #124) 3,609,321 801,664 1,253,082 2,054,746 5,664,067 1998 Library Fund ( #229) 285,100 - - - 285,100 2010 Annex A &B Bond Debt Fund ( #230) 1,688,444 - - - 1,688,444 2010 C &D Local Revitalization Debt Fund ( #231) 592,472 - - - 592,472 LID Guarantee Fund ( #249) 22,589 - - - 22,589 LID #350 ( #275) 15,130 1,995 - 1,995 17,125 Golf Course Debt Service Fund ( #237) 351,553 - - - 351,553 Municipal Park Construction Fund ( #321) 9,523,236 (2,971,834) 1,338,045 (1,633,789) 7,889,447 Capital Improvements Fund ( #328) 10,383,904 (763,636) 4,576,892 3,813,256 14,197,160 Local Revitalization Fund ( #330) - 329,450 135,101 464,551 464,551 Water Fund ( #430) 19,639,589 3,560,046 13,251 3,573,296 23,212,885 Sewer Fund ( #431) 16,996,714 726,461 13,251 739,711 17,736,425 Storm Drainage Fund ( #432) 17,357,447 477,264 13,251 490,514 17,847,961 Sewer Metro Fund ( #433) 18,825,535 (346,911) - (346,911) 18,478,624 Solid Waste Fund ( #434) 16,285,861 223,816 - 223,816 16,509,677 Airport Fund ( #435) 1,174,009 (18,274) - (18,274) 1,155,735 Cemetery Fund ( #436) 1,334,748 184,237 12,699 196,936 1,531,684 Water Capital Fund ( #460) - - 4,406,418 4,406,418 4,406,418 Sewer Capital Fund ( #461) - - 590,823 590,823 590,823 Storm Drainage Capital Fund ( #462) - - 1,938,168 1,938,168 1,938,168 Airport Capital Fund ( #465) - - 329,911 329,911 329,911 Insurance Fund ( #501) 1,396,231 40,926 - 40,926 1,437,157 Workers Compensation Self Insurance Fund ( #503) 1,029,599 317,004 - 317,004 1,346,603 Facilities Fund ( #505) 4,944,878 618,685 304,700 923,385 5,868,263 Innovation and Technology Fund ( #518) 7,468,331 404,683 1,415,955 1,820,638 9,288,969 Equipment Rental Fund ( #550) 6,854,363 528,598 1,048,822 1,577,420 8,431,783 Fire Pension Fund ( #611) 2,562,300 28,981 - 28,981 2,591,281 Cemetery Endowment Fund ( #701) 1,732,064 (24,016) - (24,016) 1,708,048 Total 240,237,155 13,912,960 27,180,018 41,092,978 281,330,133 3/16/2016 9:05 AM ORDT Page 146 of 225 'Alu,BURN VVAS I � I N G "i'(') N' AGENDA BILL APPROVAL FORM Administrative Recommendation: City Council adopt Resolution No. 5199. Background Summary: The City of Auburn was issued a municipal stormwater permit by the Washington State Department of Ecology in compliance with provisions of the State of Washington Water Pollution Control Law and the Federal Water Pollution Control Act (The Clean Water Act). Requirements of the Permit include the development and annual update of a Stormwater Management Program Plan (SWMP Plan) which describes the actions and activities to be implemented by the City in order to reduce the discharge of pollutants. The SWMP Plan is to include measures related to Public Education and Outreach, Public Involvement and Participation, Illicit Discharge Detection and Elimination, Controlling Runoff from New Development, Redevelopment, and Construction Sites, Municipal Operations and Maintenance, Compliance with Total Maximum Daily Load Requirements and Monitoring. The Permit lists specific actions and methods that the City must implement through the SWMP Plan. The City of Auburn accepted comments on the draft 2016 Stormwater Management Program Plan. Written comments were to be received by close of business on March 14, 2016. There was a public hearing at the March 14th City Council meeting where comments could also be submitted. Reviewed by Council Committees: Councilmember: Staff: Snyder RES.A AUBURN * MORE THAN YOU IMAGINED Page 147 of 225 Meeting Date: March 21, 2016 Item Number: RES.A RES.A AUBURN * MORE THAN YOU IMAGINED Page 148 of 225 RESOLUTION NO. 5 19 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE 2016 STORMWATER MANAGEMENT PROGRAM PLAN AND AUTHORIZING THE MAYOR TO INCLUDE A COPY OF THE PROGRAM PLAN IN THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM WESTERN WASHINGTON PHASE II MUNICIPAL STORMWATER PERMIT ANNUAL REPORT FOR 2015 TO THE WASHINGTON STATE DEPARTMENT OF ECOLOGY WHEREAS, The Washington State Department of Ecology issues a National Pollutant Discharge Elimination System Western Washington Phase 1.1 Municipal Stormwater Permit that regulates the discharge of stormwater from municipal stormwater systems; and WHEREAS, the City operates a municipal stormwater system and is regulated under the National Pollutant Discharge Elimination System Western Washington Phase II Municipal StorrhWater Permit; and WHEREAS, the National Pollutant Discharge Elimination System Western Washington Phase II Municipal Stormwater Permit requires development and implementation of a Stormwater Management Program Plan, and WHEREAS, the National Pollutant Discharge Elimination System Western Washington Phase II Municipal Stormwater Permit requires submittal of the Stormwater Pollution Program Plan to the Washington State Department of Ecology NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 5199 February 22, 2016 Page 1 RES.A Page 149 of 225 Section 1. The Stormwater Management Program Plan is approved for implementation in the City of Auburn in substantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation, including submitting a copy of the Stormwater Management Program Plan to the Washington State Department of Ecology. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 2016. CITY OF AUBURN NANCY BACKUS MAYOR ATTEST: Danielle. E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 5199 February 22, 2016 Page 2 RES.A Page 150 of 225 Resolution No. 5199 Exhibit "A" CITY OF AUBURN 2016 STORMWATER MANAGEMENT PROGRAM PLAN City of Auburn, WA March 2016 RES.A Page 151 of 225 Table of Contents City of Auburn 2016 SWMP Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TABLE OF CONTENTS 1. INTRODUCTION .......................................................................................................................... ..............................1 1.1 Overview ............................................................................................................................ ..............................1 1.2 Regulatory Background ..................................................................................................... ..............................1 1.3 City of Auburn Regulated Area .......................................................................................... ..............................2 1.4 SWMP Implementation Responsibilities ............................................................................ ..............................2 1.5 Document Organization ..................................................................................................... ..............................2 2. STORMWATER MANAGEMENT PROGRAM ADMINISTRATION ............................................. ..............................3 2.1 Permit Requirements ......................................................................................................... ..............................3 2.2 Planned 2016 Compliance Activities .................................................................................. ..............................3 3. PUBLIC EDUCATION AND OUTREACH .................................................................................... ..............................4 3.1 Permit Requirements ......................................................................................................... ..............................4 3.2 Planned 2016 Compliance Activities .................................................................................. ..............................4 4. PUBLIC INVOLVEMENT AND PARTICIPATION ........................................................................ ..............................6 4.1 Permit Requirements ......................................................................................................... ..............................6 4.2 Planned 2016 Compliance Activities .................................................................................. ..............................6 5. ILLICIT DISCHARGE DETECTION AND ELIMINATION ............................................................. ..............................7 5.1 Permit Requirements ......................................................................................................... ..............................7 5.2 Planned 2016 Compliance Activities .................................................................................. ..............................7 6. CONTROLLING RUNOFF FROM NEW DEVELOPMENT, REDEVELOPMENT, AND CONSTRUCTION SITES .... 9 6.1 Permit Requirements ......................................................................................................... ..............................9 6.2 Planned 2016 Compliance Activities ................................................................................. .............................10 7. MUNICIPAL OPERATIONS AND MAINTENANCE .................................................................... .............................12 7.1 Permit Requirements ........................................................................................................ .............................12 7.2 Planned 2016 Compliance Activities ................................................................................. .............................13 8. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS ............................... .............................14 8.1 Planned 2016 Compliance Activities ................................................................................. .............................15 9. MONITORING ............................................................................................................................. .............................16 9.1 Permit Requirements ........................................................................................................ .............................16 9.2 Planned 2016 Compliance Activities ................................................................................. .............................16 APPENDIXA .................................................................................................................................. .............................17 H RES.A ,> wviii , III vviii ' i ', i „ ,, I I Page 152 of 225 LIST OF TABLES Table 2- 1.2016 Stormwater Management Administration Program Work Plan ....................... ............................... 3 Table 3- 1.2016 Public Education and Outreach Work Plan ................................................... ............................... 5 Table 4- 1.2016 Public Involvement and Participation Work Plan ............................................. ..............................6 Table 5- 1.2016 Illicit Discharge Detection and Elimination Work Plan ..................................... ..............................7 Table 6- 1.2016 Controlling Runoff from Development, Redevelopment, and Construction Sites Work Plan....... 10 Table 7- 1.2016 Municipal Operations and Maintenance Work Plan ....................................... .............................13 Table 8- 1.2016 Compliance with TMDL Load Requirements Work Plan ................................ .............................15 Table 9- 1.2016 Water Quality Monitoring Work Plan .............................................................. .............................16 to RES.A Page 153 of 225 �" II ...IL...I . u, b II:: u...0 Il: p u...p II:; IP`.0 " n: b ...II II II II�� � II``1 � ° u II IIV II IL.0 II II II " b °.;;u II ?'. II�� II II`..0 1. INTRODUCTION 1 1 11 Oveirvilew This document presents the City of Aubum's Stormwater Management Program (S`VNIP). Preparation and maintenance of this SNVNIP Plan is required by the NVashington State Department of Ecology (Ecology) as a condition of the NVestern NVashington Phase II Municipal Stormwater Permit (the Phase II Permit). The Phase II permit covers discharges from regulated small municipal separate storm sewer systems (NIS4s). The SNV?\IP Plan is intended to inform the public of the planned SNV?\IP activities for the upcoming year. The permit to discharge stormwater is designed to reduce the discharge of pollutants, protect water quality, and meet the requirements of the federal Clean NVater Act. Appendix A includes acronyms and definitions from the Permit to help the reader u iderstand the City's Stormwater Management Program. 11 2 �Ilf IIII.' uiid Illliii 1114 uiid uii° The National Pollutant Discharge Elimination System (NPDES) permit program is a requirement of the federal Clean `Dater Act, which is intended to protect and restore waters for "fishable, swimmable" uses. The federal Environmental Protection Agency (EPA) has delegated permit authority to state environmental agencies, and these agencies can set permit conditions in accordance with and ul addition to the minimum federal requirements. In NVashington, the NPDES- delegated permit authority is the NVashington State Department of Ecology (Ecology). In NVashington, municipalities with a population of over 100,000 are designated as Phase I communities and must comply with Ecology's Phase I NPDES 1\Iwiicipal Stormwater Permit. Auburn's population is below the 100,000 threshold, so the City must comply with the Phase II Municipal Stormwater Permit. About 100 other municipalities in NVashington must also comply with the Phase II Permit, as operators of small municipal separate storm sewer systems (NIS4s). Ecology's Phase II Municipal Stormwater Permit is available on Ecology's website at bttp:/ W\V\VV.ec;r.wa.LJov/ QroLram s /` a /storm\ eater/ mnniciQ 'III /pbaseII\V\V /t«Vpbiipermit.btml The Permit allows municipalities to discharge stormwater runoff from municipal drainage systems into the state's water bodies (e.g., streams, rivers, lakes, wedarlds, and aquifers) as long as municipalities implement programs to protect water quality by reducing the discharge of "non -pouit source" pollutants to the "maximum extent practicable" (:NIEP) through application of Permit - specified "best management practices" (B1\IPs). The B1\IPs specified ul the Permit are collectively referred to as the Stormwater ?Management Program (SNV?\IP) and grouped under the following Program components: 1111 Public Education and Outreach 1111 Public Involvement and Participation Illicit Discharge Detection and Elimination Controlling Runoff from New Development, Redevelopment, and Construction Sites RES.A Page 154 of 225 1: Introduction City of Auburn 2016 SWMP Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ""' Municipal Operations and maintenance In addition to the SNX''AIP components the Permit contains special conditions covering: Compliance with Total Alasimum Daily Load requirements T itorilg and Assessment Reporting Requirements The Permit issued by Ecology became effective on August 1, 2013, was modified January 16, 2014 and expires on July 31, 2018. The Permit requires the City to submit an annual report no later than Alarch 31st of each year beginning it 2015, on progress in SNX''AIP implementation. The Permit also requires submittal of a SNX'l1P Plan which describes proposed SNX''AIP activities for the current calendar year. The SNX''AIP Plan is to be updated auinually aund be included in the submittal of the previous year's annual report. 1 3 � 1111 X111eqllLflllaited Airy a The NN estern NN ashilgton Phase II Permit applies to operators of regulated small AIS4s that discharge stormwater to waters of NNashilgton State located west of the crest of the Cascade Range (west of the eastern botuldaries of NX''hatcom, Skagit, Snohomish, Ding, Pierce, Lewis and Skamania cotulties). For cities, the Permit requirements extend to those areas of each City that drain to AIS4. Alost of Auburn drains to AIS4s that ultimately discharge into the Green River, the NX''hite River, or hill Creek. In addition, some portions of the City drain to public infiltration facilities where the stormwater soaks into the ground. I 1 4 SWIM II1,,,0 VIII uii,i qlpflIleiii,i wilrilta liii airi �IIr , �llll � 'IIII "� '�liii IIII °�liii IIII 1111 l The Utilities Engineering Division in the Community Development and Public NX'orks Department coordinates the overall administration of efforts to comply with Permit requirements. The work plan tables in each Chapter provide the lead departments for the associated task. Other major departments /div=isions included in the 2016 SNX''AIP implementation are Alailtenance and Operations (I &O), Human Resources (HR), Development Engineering, Permit Center, Innovation and Technology (IT), and Parks. �E,)OCIIWiii,i wilrilt ' ° iii aiiiUui �1� 1111 iii�V The contents of this document are based upon Permit requirements and Ecology's "Guidance for City and County Annual Reports for NN estern NN ashilgton, Phase II municipal Stormwater General Permits." The program components of this SNX'l1P are organized as listed it the Permit: Section 2.0 addresses administering the City's Stormwater Alanagement Program. Section 3.0 addresses public education and outreach. Section 4.0 addresses public 111volvement and participation. Section 5.0 addresses illicit discharge detection and elimination. Section 6.0 addresses controlling runoff from new development, redevelopment, and construction sites. Section 7.0 addresses municipal operations and maintenance. Section 8.0 addresses compliance with TAIDL requirements. Section 9.0 addresses monitoring. Each section includes a summary of the relevant Permit requirements and a table sho ,\vilg the planned activities for 2016. This document also includes acronyms and definitions it Appendix A for easy reference. 2 IIIJ Nil 1: dull PJII'I ll W/I II u I 11 ,di, lW VI \hl' „ "ill VVI \ /il''' V1!J \ /11' 1'1 11 I RES.A Page 155 of 225 �" II ...IL...II. u, b II:: u...0 Il: p u...p II:; IP`.0 " n: b ...II II II II�� � II`..0 � ° u II IIV II IL.0 II II II " b °.;;u II ?'. II�� II 2. STORMWATER MANAGEMENT PROGRAM ADMINISTRATION This section of the SNX'AIP describes Permit requirements related to overall Stormwater Alanagemeut Program admilistratiou, and planned compliance activities for 2016. 1 0ii' Vllf liii uiid uii "wiii,- %its The Permit (Section SS.A) requires the City to fulfill the following actious during the 5 -year Permit cycle: Develop and implement a Stormwater Alanagemeut Program (SNVAIP) and prepare written documentation (SNVAIP Plan) for submittal to Ecology by Alarch 31 of each year. The purpose of the SNVAIP is to reduce the discharge of pollutants from the municipal stormwater system to the maximum extent practicable and thereby protect water quality. The SNVAIP Plan is intended to inform the public of the planned SNVAIP activities for the upcoming caleudar year, including any actious to meet the requirements of S7 Compliance with Total Maximum Daily Load Requirements, and S8 Alouitorilg. Implement a program for gatherilg, tracking, maintaining, and usilg ilformatiou to evaluate SNVAIP development, implementation and permit compliance and to set priorities. Coordinate with other permittees on stormwater related policies programs, and projects within adjacent or shared areas. Coordinate between City departments to eliminate barriers to compliance with the terms of the permit 2 1I,,,014li,-vii,-%ed 201,16 C uin q1pfl[114li,-%ce Actiii liii' liii s Auburu has positioned itself to maintain compliance. Table 2 -1 presents the proposed work plan for the 2016 SNVAIP admilistratiou activities. Task ID Task Description Lead Compliance Timeframe Revise and update the City's Stormwater Utilities The SWMP submittal is due SWMP -1 Management Program Plan (SWMP Plan) to identify Engineering by March 31st of each year. planned SWMP activities for 2016. Utilities Annual Reporting is due by SWMP -2 Track program element implementation. Engineering March 31St of each year beginning in 2015. 3 RES.A Page 156 of 225 �" II ...IL...I . u b II:: u...0 Il: p u...p II:; IP`.0 " n: b ...II II II II�� � II`..0 � ° u II IIV II IL.0 II II II " b °.;;u II ?'. II�� II 3. PUBLIC EDUCATION AND OUTREACH This section describes the Permit requirements related to public education and outreach, and planned compliance activities for 2016. 3 °1 IIIV"air iin °0ii' t iairilts The Permit (Section S5.C.1) requires the City to fulfill the following actions during the 5 -year Permit cycle: Prioritize and target education and outreach activities to specified audiences, including the general public, businesses, residents /homeowners, landscapers, property managers, engineers, contractors, developers, and land use planners to build general awareness and to effect behavior change with the intent to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. Have arl outreach program that is designed to improv e the target audience's u iderstanding of the problem and what they can do to solve it. Create and /or partner with existing organizations to encourage residents to participate in stewardship opportunities. Measure the understanding and adoption of the targeted beha�riors for at least one target audience in at least one subject area. Use the resulting measurements to direct education and outreach resources most effectively. ° °l Track and maintain records of public education and outreach activities. " "° 2 1111"llairviried 201,16 Cain q iIIII liii airi Actiii liii' liii s The City plans to continue the program that has been developed over the last permit cycle. The target audiences include: The general public Businesses (including home -based and mobile businesses) Residents /homeowners Landscapers Property managers Engineers, contractors, developers and land use planners 4 RES.A Page 157 of 225 3: Public Education and Outreach City of Auburn 2016 SWMP Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table 3 -1 presents the work plan for the 2016 SNX'l1P public education and outreach actiN ities. 1.1 RES.A Page 158 of 225 1;1! 11 1 11,11,11111011 111, 111 =III,, 1111111111;1 111 rill fill 1111111111111111111111111111 Ifil =111idiiii 1111111 �I Compliance Task ID Task Description Lead Timeframe Continue collaboration with other NPDES municipalities through Stormwater Outreach for Utilities EDUC -1 Regional Municipalities (STORM) and Puget Sound Engineering Starts Here efforts to promote regional education and outreach programs. Refine education and outreach strategy to supplement existing education activities. An example would be Utilities EDUC -2 evaluating the current pet waste cleanup education Engineering strategy to determine whether more frequent outreach is required. Refinements to existing public education and Implement new or modify existing education and outreach activities. An example would be adding new Utilities outreach activities are on EDUC 3 business types or revisiting businesses as part of the Engineering going. ECOSS Pollution Prevention Outreach program. Staff training related to Surface Water Management Manual Implementation/Technical Standards: • Permitting Planning and EDUC -4 • Plan Review Public Works • Site Inspections Divisions • Maintenance Standards. Educate select city staff and elected officials to EDUC -4a develop a common level of knowledge related to Low LID Core Team 2016 Impact Development stormwater management techniques. Educate the general public and developers to develop EDUC -4b a common level of knowledge related to Low Impact LID Core team 2016 Development stormwater management principles and techniques. Inform public employees, businesses and the general Utilities EDUC -5 public of the hazards associated with illegal Engineering Ongoing discharges and improper disposal of waste. Provide stewardship opportunities such as planting Environmental 2016 EDUC -6 native plants and invasive species removal at the Services Auburn Environmental park. Measure understanding and adoption of pollution Utilities EDUC -7 prevention and spill management by business Engineering February 2, 2016 property managers /owners. 1.1 RES.A Page 158 of 225 �" II ...IL...II. u b II:: u...0 Il: p u...p II:; IP`.0 " n: b ...II II II II�� � II`..0 � ° u II IIV II IL.0 II II II " b °.;;u II ?'. II�� II 4. PUBLIC INVOLVEMENT AND PARTICIPATION This section describes the Permit requirements related to public iuvolN emeut and participatiou, and planned compliance actin =ities for 2016. °1 IIIV"&ii °uin °0ii' t wiii,- %its The Permit (Section S5.C.2) requires the City to fulfill the following actions during the 5 -year Permit cycle ProVide ongoing opportunities for public iuvoINTemeut and participation through adNTisory boards or commissions, public hearings, watershed committees, public participatiou in developing rate structures and budgets, or other similar actiNTities. The public must be able to participate ul the decision - making processes, including development, implementation, and update of the SNV11P. A1ake the SNVl1P Plan quid linual Compliance Report aNTailable to the public, by posting on the City's website. Alake any other documents required to be submitted to Ecology in response to Permit conditions aNTailable to the public. 2 1I,,,'14li,-vii,-%ed 201,16 uin qjpfl[114li,-%ce Actiii liii' liii s The City of Auburu has a history of including the public in decision making. Table 4 -1 below presents the work plan for the 2016 SNX'l1P public iuvoINTemeut and participatiou actin =ities. Task ID Task Description Lead Compliance Timeframe PI -1 Provide public involvement opportunities for annual Utilities Public involvement SWMP update. Engineering opportunities will be available Make SWMP document Report available to public by Utilities before the March 31, 2016 PI -2 posting on the City website. Engineering submittal. 6 RES.A Page 159 of 225 I u " n: b ( u p ...II II II II�� � II`..0 � ° u II IIV II IL.0 II II II " b °.;;u II ?'. II�� II 5. ILLICIT DISCHARGE DETECTION AND ELIMINATION This section describes the Permit requirements related to illicit discharge detectiou and elimination (IDDE), and planned compliance activities for 2016. "1 i iii' V f IIII uiid uii "wiii,vts The Permit (Section S5.C. )) requires the City to fulfill the following actions during the 5 -year Permit cycle: Implemeut an ongoing program to detect and remove illicit discharges, connections, and improper disposal, including any spills into the municipal separate storm sewers owned or operated by the City. Maintain a storm sewer system map, have ordinances that prohibit illicit discharges, and Implemeut an ongoing program to detect and address illicit discharges. Publicly list and publicize a hotline or other local telephone cumber for public reporting of spills and other illicit discharges. Track illicit discharge reports and actions taken ul response through close -out, including enforcement actions. Inform public employees, businesses and the general public of hazards associated with illegal discharges and improper disposal of waste. Train staff on proper IDDE response SOPS and train municipal field staff to recognize and report illicit discharges. Summarize all illicit discharges and connections reported to the City and response actions taken, including enforcement actions, in the Actual Compliance Report; ideutify any updates to the SNVAIP. 2 1I`,'14li,-vii,-%ed 201,16 uin qjpfl[114li,-%ce Actiii liii' liii s Table 5 -1 presents the work plan for 2016 SNVAIP illicit discharge detection and elimination activities. Task ID ':. n �' ry u o IIII ,: o •o m ':. IIII ';„ Task Description IIII ": m m ° •, Lead Compliance Timeframe Continue to implement City -wide IDDE Program and develop any necessary supplemental IDDE activities. IDDE -1 Enforce ACC 13.48.210 using education and technical Utilities Ongoing support as a first action and escalating code Engineering enforcement as needed. Publicize a phone number for public reporting of spills and illicit discharges. IDDE -2 Continue to review and update storm system map to Utilities Ongoing address data gaps and Permit requirements. Engineering /IT VA RES.A Page 160 of 225 5: Illicit Discharge Detection and Elimination City of Auburn 2016 SWMP Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IDDE -3 Provide IDDE training to new hires in Utility Utilities Ongoing Engineering and Maintenance & Operations. Engineering Perform IDDE field screening of at least 10% of MS4 Utilities IDDE -4 to meet the requirement to screen at least 40% of the Engineering and Ongoing MS4 by 12/31 /17 and 12% annually thereafter. M &O RES.A Page 161 of 225 I u " n: b ( u p ...II II II II�� � II`..0 � ° u II IIV II IL.0 II II II " b °.;;u II ?'. II�� II 6. CONTROLLING RUNOFF FROM NEW DEVELOPMENT REDEVELOPMENT, AND CONSTRUCTION SITES This section describes the Permit requirements related to controlling runoff from new development, redevelopment, and construction sites, and planned compliance activities for 2016. °1 IIIV"air iin °0ii' t iairilts The Permit (Section S5.C.4) requires the City to fulfill the following actions during the 5 -year Permit cycle: Implement, and enforce a program to reduce pollutants in stormwater runoff (i.e., illicit discharges) to the municipal separate storm sewer system from new development, redevelopment, and construction site activities. The program must apply to both private and public projects, including roads, and address all construction /development- associated pollutant sources. Have adopted regulations (codes and standards), plan review, inspection, and escalating enforcement SOPS necessary to implement the program Ail accordance with Permit conditions, including the minimum technical requirements in Appendix 1 of the Permit by December 31, 2016. Review, reprise and make effective local development- related codes, rules, standards, or other enforceable documents to incorporate and require Low Impact Development (LID) principles and LID best management practices (BAIPs) with the intent of making LID the preferred and commonly - used approach to site development by December 31, 2016. Participate in watershed -scale stormwater planning under condition S5.C.4.c of the Phase I Municipal Stormwater General Permit if required. Have adopted regulations (codes and standards) and processes to verify adequate long -term operations and maintenance of new post - construction permanent stormwater facilities and BAIPs in accordance with Permit conditions, including an annual inspection frequency and /or approved alternative inspection frequency and maintenance standards for private drainage systems as protective as those in Chapter 4 of Volume V of the 2012 Ecology Stormwater Aanagement Manual for NVestern NVashington by December 31, 2016. Provide copies of the Notice of Intent (NOI) for construction or industrial activities to representatives of the proposed new development and redevelopment. Provide training to staff on the new codes, standards, and SOPS and create public education and outreach materials. Record and maintain records of all inspections and enforcement actions by staff. Summarize annual activities for the "Controlling Rwioff ' component of the Annual Compliauice Report; identify any updates to the SNX'IIP. 9 RES.A Page 162 of 225 6: Controlling Runoff from New Development, Redevelopment and Construction Sites City of Auburn 2016 SWMP Plan 2 11`,'14li,-vii,-%ed 201,16 uin q1pfl[114li,-%ce Actilivilitilles The City has a program to help reduce stormwater runoff from new development and construction sites. Table 6 -1 presents the work plan for 2016 SNVAIP actin =ities related to runoff control for new development, redevelopment, and construction sites. W i � � tll tll 4 tll tll IIII tll W q . IN III tll W IN � tll 0 tll tll Compliance Task ID Task Description Lead Timeframe Track and report construction, new development, and Planning/ Permit CTRL -1 redevelopment permits, inspections and enforcement Center On -going actions. Prior to clearing and construction, inspect all permitted CTRL-1a development sites that have a high potential for Construction On -going sediment transport. CRTL -1 b Inspect all permitted development sites during Construction On going construction. Inspect all permitted development sites upon CRTL -1 c completion of construction and prior to final approval Construction Ongoing or occupancy. Inspect all permanent stormwater treatment and flow control BMPs /facilities and catch basins in new CRTL -1 d residential developments every six months until 90% Construction Ongoing of the lots are constructed or construction has stopped and site is fully stabilized. Conduct annual inspection of all treatment and flow Utilities CTRL -2 control BMPs /facilities (other than catch basins) — i.e., Engineering On -going private systems. Update city code related to controlling runoff from new Community Development CTRL -3 development, redevelopment and construction site and Public December 31, 2016 projects to implement requirements of the current Works Municipal NPDES permit. Department Community Develop and adopt a stormwater management manual Development CTRL -4 equivalent to the 2012 Stormwater Management and Public December 31, 2016 Manual for Western Washington as amended in 2014. Works Department 10 RES.A Page 163 of 225 6: Controlling Runoff from New Development, Redevelopment and Construction Sites City of Auburn 2016 SWMP Plan 11 RES.A Page 164 of 225 Review, revise and make effective development- Community Development CTRL -5 related codes, rules, standards, or other enforceable and Public December 31, 2016 documents to incorporate and require LID principles Works and LID BMPs. Department Provide copies of the "Notice of Intent for Construction CTRL -6 Activity" and copies of the "Notice of Intent for Permit Center Ongoing Industrial Activity" to representatives of proposed new development and redevelopment. Enforce local ordinances controlling runoff from sites Construction CTRL -7 that are also covered by stormwater permits issued by and Code Ongoing Ecology. Enforcement 11 RES.A Page 164 of 225 �" II ...IL...I . u b II:: u...0 Il: p u...p II:; IP`.0 " n: b ...II II II II�� � II`..0 � ° u II IIV II IL.0 II II II " b °.;;u II ?'. II�� II 7. MUNICIPAL OPERATIONS AND MAINTENANCE This section describes the Permit requirements related to municipal operations and maintenance, and planned compliance activities for 2016. ' 11 IIIV,, ' uir iin °0ii' t iairilts The Permit (Section S5.C.5) requires the City to fulfill the following actions during the 5 -year Permit cycle: Implement an 0&1,\1 program, with the ultimate goal of preventing or reducing pollutant runoff from municipal separate stormwater system and municipal 0&1,\1 activities. Implement maintenance standards for the municipal separate stormwater system that are at least as protective as those specified in the 2012 Stormwater Management Manual for NVestern NVashington as amended in 2014. Conduct annual inspection of all municipally owned or operated permanent stormwater treatment and flow control WMPs /facilities and perform maintenance as needed to comply with maintenance standards. Inspect all catch basins and inlets owned or operated by the City at least once no later than August 1, 2017 and every two years thereafter. Clean the catch basins if inspections indicate cleaning is needed to comply with maintenance standards. Check treatment and flow control facilities after major storms and perform repairs as needed ul accordance with adopted maintenance standards. Have SOPS in place to reduce stormwater impacts associated with runoff from municipal O &1T\1 activities, including but not limited to streets, parking lots, roads, or highways owned or maintained by the City, and to reduce pollutants in discharges from all lands owned or maintained by the City. °°, Train staff to implement the SOPS and document the training. Prepare Stormwater Pollution Prevention Plans (SNXTPPs) for all heavy equipment maintenance or storage yards identified for year -round facilities or yards, and material storage facilities owned or operated by the City. Summarize annual activities for the "Pollution Prevention and Operations and Maintenance for 1\lurlicipal Operations" component of the Annual Compliance Report; identify arty updates to the SNX'?\1P. 12 RES.A Page 165 of 225 7. Pollution Prevention and 0 &M for Municipal Operations City of Auburn 2016 SWMP Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' 1111,,,011mirviried 201,16 "� IIIIpiIIII liii miri Actiii liii liii s Table 7 -1 presents the work plan for 2016 SNVAIP actin =ities related to municipal operations and maintenance. 13 RES.A Page 166 of 225 Task ID Task Description Responsible Schedule Notes Conduct annual inspection of all treatment and flow Community MOM -1 control (other than catch basins) in the public system Development and On -going and perform maintenance as triggered by the Public Works maintenance standards. Department Inspect 25% of the public catch basins before July 31, 2016 and perform maintenance as triggered by the MOM -2 maintenance standards. Overarching task is to M &O On -going inspect 100% of the catch basins between August 1, 2013 and August 31, 2017. Perform street sweeping to reduce the amount of MOM -3 street waste that enters the storm drainage M &O Ongoing conveyance system. Community Develop Low Impact Development maintenance Development and MOM -4 standards, levels of service and inspection Public Works, December 31, 2016 procedures for adoption in 2016. and Parks Departments 13 RES.A Page 166 of 225 �" II ...IL...I . u, b II:: u...0 Il: p u...p II:; IP`.0 " n: b ...II II II II�� � II`..0 � ° u II IIV II IL.0 II II II " b °.;;u II ?'. II�� II 8. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS The federal Clears `Dater Act requires that Ecology establish "Total Maximum Daily Loads" (T1\IDL) for rivers, streams, lakes, arld marine waters that don't meet water quality stauidards. A T1\IDL is a calculation of the maximum amount of a pollutant that a water body can receive and still meet water quality standards. After the T1\IDL has been calculated for a 91-I=en water body, Ecology determines how much each source must reduce its discharges of the pollutant ul order bring the water body back into compliance with the water quality standards. T1\IDL requirements are included in the stormwater NPDES permits for discharges into affected water bodies. Stormwater discharges covered under this Permit are required to implement actions necessary to achieve the pollutant reductions called for in applicable T1\IDLs. Applicable T1\IDLs are those approved by the EPA before the issuance date of the Permit or which have been approved by the EPA prior to the issue date of the Permit or the date Ecology issues coverage under the Permit, whichever is later. Information on Ecology's T1\IDL program is 211Tailable on Ecology's website at «� «� .ec� .«a.rJo� /programs /«c1 /tmdl. In accordance with Permit condition S7 Compliance with Total Maximum Daily Load Requirements the City must comply with the following TIIDL. Name of T1\IDL Puyallup NVatershed NVater Quality Improvement Project Document(s) for P11yalllp Klrer if- atershei-1 Fecal Colifol -#1 To[a11A1a.vin111n1 Da ly Load— if'ater 011alit' , T ? \IDL 11111pi -o 'elvent Report and 1111�JIelvelltation Plan, Jude 2011, Ecology Publicatioln No. 1 1-10 - 040. Location of Original Puyallup River 16712, 7498, NX'hite River 16711, 16708, 16709, Clear Creek 7501, 303(d) Listings Swan Creek 7514, Boise Creek 16706 Area NXIere T1\IDL Requirements apply in all areas regulated wider the Permittee's municipal stormwater Requirements Apply permit and discharging to water bodies listed within the specific requirement in this T1\IDL section. Parameter Fecal Coliform EPA Approval Date September 2011 MS4 Permittee Phase I Permit: hing County, Pierce County Phase II Permit: Auburn, Ed ewood, Enumclaw, Puyallup, Sumner 14 RES.A Page 167 of 225 8. Compliance with Total Maximum Daily Load Requirements City of Auburn 2016 SWMP Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Actions required of the City tinder this TAIDL include: • Beginning uo later than October 1, 2013, conduct twice monthly wet weather sampling of stormwater discharges to the NX'hite River at Auburu Riverside High School to determine if specific discharges from Auburn's AIS4 exceed the water quality criteria for fecal coliform bacteria. o Data shall be collected for one wet season. o Data shall be collected it accordance with an Ecology - approved QAPP. o Data collected since EPA TAIDL approval can be used to meet this requirement. These actions have been completed. • For any of the outfalls monitored, showing discharges that exceed water quality criteria for primary contact recreation: designate those areas discharging via the AIS4 of concern as high priority areas for illicit discharge detection and elimination efforts and implement the schedules and activities identified in S5.C. 3 of the NVestern NVashingtou Phase II permit for response to any illicit discharges fotuld beginning uo later than August 1, 2014. This action has been completed. • Install and maintain pet waste education and collection stations at municipal parks and other Permittee owned and operated lauds adjacent to streams. Focus on locations where people commonly walk their dogs. 1-1, IIII °1 II11,,,NII auirviri 201,16 °qIIi II iii auri � , iii ii iii s Table 8 -1 presents the work plan for 2016 SNVAIP activities related to TAIDL requirement compliance. MMM W FIJI,,, 71111 Task ID Task Description Responsible Schedule Notes Include summary of activities conducted in TMDL Utilities TMDL -1 area to address TMDL parameter (fecal coliform) with Engineering March 31, 2016 annual report to Ecology. Maintain pet waste education and collection stations Parks TMDL -2 at municipal parks and other public lands adjacent to Department On -going the White River and its tributaries. 15 �111,11111 l 1 IH I,I'III VVI I' ,`Il111111 I'mi1V111 1 W/Idiimii 11 di, W: VIVII I VVI \ /il'` III VVI \ /11' I' I l IIIJ '" I I 1 RES.A Page 168 of 225 I u " n: b ( u p ...II II II II�� � II`..0 � ° u II IIV II IL.0 II II II " b °.;;u II ?'. II�� II 9. MONITORING This section describes the Permit requirements related to water quality monitoring, and planned compliance activities for 2016. 9- "1 IIIVuii ,uin 0111t iuii °' The Permit (Section S8) requires the City to either conduct Status and Trends Monitoring, and Effectiveness Studies, or pay annually into a collective fund to implement monitoring through the Regional Stormwater Mon' torulg Program (RS�IP). The City committed in 2013 to pay $45,096.00 annually into the collective RS�1P monitoring field for both Status and Trends Monitoring and Effectiveness Studies. All permittees are required to pay alto the RS?\1P to implement the RS?\1P Source Identification Information Repository (SIDIR). Auburn's annual payment will be $2,614.00. Payments are due to the Department of Ecology by August 15t1i each year. The City is required to provide the following monitoring and /or assessment data ul each annual report: 11° A description of any stormwater monitoring or studies conducted by the City during the reporting period. If stormwater monitoring was conducted on behalf of the City, or if studies or investigations conducted by other entities were reported to the City, a brief description of the type of information gathered or received shall be included in the annual report. 9- 2 1111"llairviried 201,16 Cain °qII iII iii airi iii ii' iii s Table 9 -1 presents the work plan for 2016 SNX'l1P monitoring activities. 16 RES.A Page 169 of 225 APPENDIX A Acronyms and Definitions The following definitions and acronyms are taken directly from the Phase II Permit and are reproduced here for the reader's convenience. 40 CFR means Title 40 of the Code of Federal Regulations, which is the codification of the general and permanent rules published ul the Federal Register by the executive departments and agencies of the federal government. AKART means all known, available, and reasonable methods of prevention, control and treatment. See also State NVater Pollution Control Act, chapter 90.48.010 RCN ' and chapter 90.48.520 RCN V. All known, available and reasonable methods of prevention, control and treatment refers to the State NVater Pollution Control Act, chapter 90.48. 010 RCN ' and chapter 90.48.520 RCN V. Applicable TMDL means a T?\IDL which has been approved by EPA on or before the issuance date of this Permit, or prior to the date that Ecology issues coverage under this Permit, whichever is later. Beneficial Uses means uses of waters of the state which include but are not limited to use for domestic, stock watering, industrial, commercial, agricultural, irrigation, mining, fish and wildlife maintenance and enhancement, recreation, generation of electric power and preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state. Best Management Practices are the schedules of activities, prohibitions of practices, maintenance procedures, and structural and /or managerial practices approved by Ecology that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of NVashington State. BMP means Best Management Practice. Bypass means the diversion of stormwater from any portion of a stormwater treatment facility. Census defined urban area means Urbanized Area. 17 RES.A Page 170 of 225 Circuit means a portion of a ?\IS4 discharging to a single point or serving a discrete area determined by traffic volumes, land use, topography or the configuration of the ?IS4. Component or Program Component means an element of the Stormwater ?Ianagement Program listed in S5 Stormwater Management Program for Cities, Towns, and Counties or S6 Stormwater Management Program for Secondary Permittees, S7 Compliance with Total Maximum Daily Load Requirements, or S8 Monitoring of this permit. Conveyance system means that portion of the municipal separate storm sewer system designed or used for conveying stormwater. Co- Permittee means an owner or operator of an ?\IS4 which is in a cooperative agreement with at least one other applicant for coverage under this permit. A Co- Permittee is an owner or operator of a regulated ?\IS4 located within or in proximity to another regulated ?\IS4. A Co- Permittee is only responsible for permit conditions relating to discharges from the ?IS4 the Co- Permittee owns or operates. See also 40 CFR 122.26(b)(1) CWA means Clean NVater Act (formerly referred to as the Federal NVater Pollution Control Act or Federal NVater Pollution Control Act Amendments of 1972) Pub.L. 92 -500, as amended Pub. L. 95 -217, Pub. L. 95 -576, Pub. L. (6 -483 and Pub. L. 97 -117,» U.S.C. 1251 et.seq). Director means the Director of the NVashilgton State Department of Ecology, or an authorized representative. Discharge Point means the location where a discharge leaves the Permittee's 1\IS4 through the Permittee's MS4 facilities /WMPs designed to infiltrate. Entity means a governmental body, or a public or private organization. EPA means the U.S. Environmental Protection Agency. General Permit means a permit which corers multiple dischargers of a point source category a designated geographical area, 111 lieu of individual permits being issued to each discharger. Ground water means water in a saturated zone or stratum beneath the surface of the land or below a surface water body. Refer to chapter 173-200 NVAC. Hazardous substance means any liquid, solid, gas, or sludge,11lcluding any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described 111 NVAC 173-303-090 or NVAC 173-303-100. Heavy equipment maintenance or storage yard means an uncovered area where any heavy equipment, such as mowing equipment, excavators, dump trucks, backhoes, or bulldozers are washed or maintained, or where at least five pieces of heavy equipment are stored on a long- term basis. Highway means a main public road connectmi g towns and cities. Hydraulically near means runoff from the site discharges to the sensitive feature without significant natural attenuation of flows that allows for suspended solids removal. See Appendix 7 Determining Construction Site Sediment Damage Potential for a more detailed definition. Hyperchlorinated means water that contains more than 10 mg /Liter chlorine. Illicit connection means any infrastructure connection to the ?\IS4 that is not intended, permitted or used for collecting and conve5ing stormwater or non- stormwater discharges allowed as specified in this 18 11111 1: '', II'I ll n li a li uif„ 11111 \hl' „ "ill 11111 \ /il''' i d'" i l 1 16 RES.A Page 171 of 225 permit (S5.C. 3 and S6.D. 3). Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the T\IS4. Illicit discharge means any discharge to a T\IS4 that is not composed entirely of stormwater or of non - stormwater discharges allowed as specified in this permit (S5.C. 3 and S6.D. 3). Impervious surface means a non - vegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A non- vegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present tinder natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or stormwater areas, concrete or asphalt paging, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Land disturbing activity means any activity that results it a change in the existing soil corer (both vegetative and non- vegetati� e) and /or the existing soil topography. Land disturbing activities include, but are not limited to clearing, grading, filling and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered land disturbing activity. Vegetation maintenance practices, including landscape maintenance and gardening, are not considered land disturbing activity. Stormwater facility maintenance is not considered land disturbing activity if conducted according to established standards and procedures. LID means Low Impact Development. LID BMP means low impact development best management practices. LID Principles means land use management strategies that emphasize conservation, use of on- site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater rtuloff. Low Impact Development means a stormwater and land use management strategy that strip =es to mimic pre - disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on -site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. Low impact development best management practices means distributed stormwater management practices, integrated into a project design, that emphasize pre - disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BT\IPs include, but are not limited to, bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, vegetated roofs, minimum excavation foundations, and water re -use. Material Storage Facilities means an uncovered area where bulk materials (liquid, solid, granular, etc.) are stored in piles, barrels, tanks, bins, crates, or other means. Maximum Extent Practicable refers to paragraph 402(p) (3) (B) (ii) of the federal Clean NVater Act which reads as follows: Permits for discharges from municipal storm sewers shall require controls to reduce the discharge of pollutants to the maximum extent practicable, iucludilg management practices, control techniques, and system, design, and engineering methods, and other such provisions as the Administrator or the State determines appropriate for the control of such pollutants. MEP means Maximum Extent Practicable. MS4 means muunicipal separate storm sewer system. 19 RES.A Page 172 of 225 Municipal Separate Storm Sewer System means a conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (i) Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) haVing jurisdiction over disposal of wastes, stormwater, or other wastes, including special districts tinder State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CNVA that discharges to waters of NVashington State. (ii) Designed or used for collecting or conveying stormwater. (iii) NX'bich is not a combined sewer; (iNT) NX'hich is not part of a Publicly Owned Treatment NVorks (POTV) as defined at 40 CFR 122.2.; and (N') NX'bich is defiled as "large" or "medium" or "small" or otherwise designated by Ecology pursuant to 40 CFR 122.26. National Pollutant Discharge Elimination System means the national program for issuing, modifying, revoking, and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the Federal Clean NVater Act, for the discharge of pollutants to surface waters of the state from point sources. These permits are referred to as NPDES permits and, in NVashington State, are administered by the NVashilgton State Department of Ecology. Native vegetation means vegetation comprised of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. Examples include trees such as Douglas Fir, western hemlock, western red cedar, alder, big -leaf maple; shrubs such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and fireweed. New development means land disturbing activities, including Class IV General Forest Practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of hard surfaces; and subdivision, short subdivision and binding site plans, as defiled and applied in chapter 58.17 RCNV. Projects meeting the definition of redevelopment shall not be considered new development. Refer to Appendix 1 for a definition of hard surfaces. New Permittee means a city, town, or county that is subject to the if- estern A -'(Is hin,;ton 11lrulie perl Stornl)rcrter General Permit and was not subject to the permit prior to August 1, 2013. New Secondary Permittee means a Secondary Permittee that is covered tinder a municipal stormwater general permit and was not covered by the permit prior to August 1, 2013. NOI means Notice of Intent. Notice of Intent means the application for, or a request for coverage under a General Permit pursuant to NVAC 173-226-200. Notice of Intent for Construction Activity means the application form for coverage under the 20 RES.A Page 173 of 225 Colisti- Ilc'lloll ,Slot71111',aler Gelie d PCrv,,11. Notice of Intent for Industrial Activity means the application form for coverage tinder the Gelie d PCiwil f r Sloi74111,aler Disd) Imes Associated % 11'ilb 111dustrial ` ct l'ifies. NPDES means National Pollutant Discharge Elimination System. Outfall means a point source as defiled by 40 CFR 122.2 at the point where a discharge leaves the Permittee's ?\IS4 and enters a surface receiving waterbody or surface receiving waters. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface waters (i.e., culverts). Permeable pavement means pervious concrete, porous asphalt, permeable pagers or other forms of pervious or porous paging material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. Permittee unless otherwise noted, the term "Permittee" includes city, town, or county Permittee, Co- Permittee, New Permittee, Secondary Permittee, and New Secondary Permittee. Physically Interconnected means that one ?\IS4 is connected to another storm sewer system in such a way that it allows for direct discharges to the second system. For example, the roads with drainage systems and municipal streets of one entity are physically connected directly to a storm sewer system belonging to another entity. Project site means that portion of a property, properties, or right -of -ways subject to land disturbing activities, new hard surfaces, or replaced hard surfaces. Refer to Appendix 1 for a definition of hard surfaces. QAPP means Quality Assurance Project Plan. Qualified Personnel means someone who has had professional training in the aspects of stormwater management for which they are responsible and are under the functional control of the Permittee. Qualified Personnel may be staff members, contractors, or volunteers. Quality Assurance Project Plan means a document that describes the objectives of an environmental study and the procedures to be followed to achieve those objectives. RCW means the Reprised Code of NVashington State. Receiving waterbody or receiving waters means naturally and /or reconstructed naturally occurring surface water bodies, such as creeks, streams, rivers, lakes, wetlands, estuaries, and marine waters, or ground water, to which infiltration ?\IS4 discharges. Redevelopment means, on a site that is already substantially developed (i.e., has 35'/0 or more of existing bard surface coverage), the creation or addition of bard surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction installation or expansion of a building or other structure; replacement of hard surface that is not part of a routine maintenance activity, and land disturbing activities. Refer to Appendix 1 for a definition of hard surfaces. Regional Stormwater Monitoring Program means, for all of western NVashington, a stormwater- focused monitoring and assessment program consisting of these components: status and trends monitoring in small streams and marine nearshore areas, stormwater management program effectiveness studies, and a source identification information repository (SIDIR). The priorities and 21 RES.A Page 174 of 225 scope for the RSi\11? are set by a formal stakeholder group. For this permit term, RSi\1P status and trends monitoring will be conducted in the Puget Sound basin only. Regulated Small Municipal Separate Storm Sewer System means a Municipal Separate Storm Sewer System which is automatically designated for inclusion in the Phase II stormwater permitting program by its location within an Urbanized Area, or by designation by Ecology and is not eligible for a waiver or exemption tinder S1.C. RSMP means Regional Stormwater Monitoring Program. Runoff is water that travels across the land surface and discharges to water bodies either directly or through a collection and conveyance system. See also " Stormwater." Secondary Permittee is an operator of a regulated small i\IS4 which is not a city, town or county. Secondary Permittees include special purpose districts and other public entities that meet the criteria in S1.B. Sediment /Erosion- Sensitive Feature means an area subject to significant degradation due to the effect of construction rtuloff, or areas requiring special protection to prevent erosion. See Appendix 7 Determining Construction Site Sediment Transport Potential for a more detailed definition. Shared water bodies means water bodies, including downstream segments, lakes and estuaries that receive discharges from more than one Permittee. SIDIR means Source Identification Information Repository. Significant contributor means a discharge that contributes a loading of pollutants considered to be sufficient to cause or exacerbate the deterioration of receiving water quality or ilstream habitat conditions. Small Municipal Separate Storm Sewer System means an i\IS4 that is not defined as "large" or "medium" pursuant to 40 CFR 122.26(b)(4) & (7) or designated under 40 CFR 122.26 Source control BMP means a structure or operation that is intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. The SAVIU1111 "11 "'separates source control Bi\1Ps into two types. Structural Source Control Bi\1Ps are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater. Operational Bi\1Ps are non- structural practices that prevent or reduce pollutants from entering stormwater. See Volume N of the Si1"i1LA1lVJ1 "' (2012) for details. Stormwater means rtuloff during and following precipitation and snowmelt events, including surface runoff, drainage or ilterllow. Stormwater Associated with Industrial and Construction Activity means the discharge from any conveyance which is used for collecting and conveying stormwater, which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant, or associated with clearing, grading and /or excavation, and is required to have an NPDES permit it accordance with 40 CFR 122.26. Stormwater Management Program means a set of actions and activities designed to reduce the discharge of pollutants from the i\IS4 to the i\1EP and to protect water quality, and comprising the components listed in S5 (for cities, towns and cotulties) or S6 (for Secondary Permittees) of this Permit and any 22 RES.A Page 175 of 225 additional actions necessary to meet the requirements of applicable T ?IDLs pursuant to S7 Conlpliculee )rilb THDL Requiielvelits, and S8 - Holiilorill' aliel _ Jssesslvelil. Stormwater Treatment and Flow Control BMPs /Facilities means detention facilities, treatment B?\IPs /facilities, bioretention, vegetated roofs, and permeable pavements that help meet Appendix 1 Minimum Requirements #6 (treatment), #7 (flow control), or both. SWMMWW or Stormwater Management Manual for Western Washington means Slornliraler I�Iclllcl�e111elill�lcllillcll f01" 11 esteni 11 ashili toll (as (1141elided ill 2014). SWMP means Stormwater Management Program. TMDL means Total Maximum Daily Load. Total Maximum Daily Load means a water cleanup plan. A T ?IDL is a calculation of the maximum amount of a pollutant that a water body can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A T ?IDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. The calculation must include a margin of safety to ensure that the water body can be used for the purposes the state has designated. The calculation must also account for seasonable variation in water quality. NVater quality standards are set by states, territories, and tribes. They identify the uses for each water body, for example, drinking water supply, contact recreation (swimming), and aquatic life support (fishing), and the scientific criteria to support that use. The Clean NVater Act, section 303, establishes the water quality standards and T ?IDL programs. Tributary conveyance means pipes, ditches, catch basins, and inlets owned or operated by the Permittee and designed or used for collecting and conveying stormwater. UGA means Urban Growth Area. Urban Growth Area means those areas designated by a county pursuant to RCNX' 36.70A.110. Urbanized Area is a federally- designated land area comprising one or more places and the adjacent densely settled surrounding area that together have a residential population of at least 50,000 and an overall population density of at least 1,000 people per square mile. Urbanized Areas are designated by the U.S. Census Bureau based on the most recent decennial census. Vehicle Maintenance or Storage Facility means an uticovered area where any vehicles are regularly washed or maintained, or where at least 10 vehicles are stored. Water Quality Standards means Surface NVater Quality Standards, chapter 173-201A NVAC, Ground NVater Quality Standards, chapter 173-200 NVAC, and Sediment Management Standards, chapter 173-204 NVAC. Waters of the State includes those waters as defined as "waters of the United States" in 40 CFR Subpart 122.2 within the geographic boundaries of Nashington State and "waters of the state" as defiled in chapter 90.48 RCNX' which includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and water courses within the jurisdiction of the State of Nashington. Waters of the United States refers to the definition in 40 CFR 122.2. 23 RES.A Page 176 of 225 'Alu,BURN VVAS p � I N G "i'( AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No. 5210 February 19, 2016 Department: Attachments: Budget Impact: Finance Resdution No. 5210 $0 Administrative Recommendation: City Council adopt Resolution No. 5210. Background Summary: The City of Auburn's current "Comprehensive Garbage, Recyclables and Compostables Collection Agreement" with Waste Management expires December 31, 2017. The City's "Comprehensive Agreement for Solid Waste Collection in Annexed Areas" with Republic Services also expires December 31, 2017. Resolution No. 5210 solidifies the City's intent to procure the next solid waste contract through a competitive bidding process. The competitive process will ensure the best rates for City of Auburn residents and businesses. The new contract will be effective January 1, 2018, and encompass the entire City. Reviewed by Council Committees: Councilmember: Staff: Coleman Meeting Date: March 21, 2016 Item Number: RES. B RES.B AUBURN * MORE THAN YOU IMAGINED Page 177 of 225 RESOLUTION NO. 5 2 1 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, EXPRESSING THE CITY'S INTENT TO PROCURE A NEW SOLID WASTE COLLECTION CONTRACT THROUGH A COMPETITIVE BIDDING PROCESS WHEREAS, the City of Auburn's existing solid waste collection contracts expire on December 31, 2017; and WHEREAS, the statutorily created franchises for annexed territory have expired permitting the City to award a new collections contract for all portions of the city; and WHEREAS, Auburn residents value transparent, fair, and cost - effective public contracting processes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby directed to procure solid waste hauler services, for a term starting in 2018, through the use of a cost -based competitive bidding process. The bidding process shall use prudent measures to insure that bidders are competent and use a collections contract that includes provisions supporting high levels of service delivery consistent with the expectations of city residents and businesses. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 5210 February 11, 2016 RES.E,,e 1 of 1 Page 178 of 225 • 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 UlaZIZ �3 Resolution No. 5210 February 11, 2016 Page 2 of 2 RES.B TO FORM: CITY OF AUBURN , 2016. NANCY BACKUS, MAYOR Page 179 of 225 'Alu,BURN VVAS p � I N G "i'( AGENDA BILL APPROVAL FORM Administrative Recommendation: City Council adopt Resolution No. 5212. Background Summary: Resolution No. 5212 authorizes the Mayor to execute documents for the dedication of certain City owned property as right -of -way. This property includes portions of 8th Street SE, 9th Street SE, and H Street SE that are currently being utilized as roadway but have not yet been dedicated as right -of -way. These properties were purchased by the City Parks, Arts, and Recreation Department. The need to dedicate these areas as right -of -way was identified during the design of the Auburn Community and Teen Center project. Reviewed by Council Committees: Councilmember: Staff: Snyder Meeting Date: March 21, 2016 Item Number: RES.0 RES.0 AUBURN * MORE THAN YOU IMAGINED Page 180 of 225 RESOLUTION NO. 5 2 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE DEDICATION OF A PORTION OF CITY - OWNED PROPERTY AS CITY RIGHT OF WAY WHEREAS, the City owns park property in or in the vicinity of the Les Gove Park campus located at 8th Street SE and 9" Street SE and H Street SE; and WHEREAS, in order to address transportation needs in the vicinity of Les Gove Park, it is advantageous for the City to dedicate certain property for roadway purposes; and WHEREAS, in order to provide sufficient right of way for transportation to and from Les Gove Park, staff recommends dedicating a portion of the property as City right of way to accommodate extension of 8th Street SE and 9th Street SE; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute and record with King County Records this resolution and/or any other documents needed for dedicating for right -of -way for public street and utility purposes, the properties as described in Exhibits A, B, C, and D, which are attached hereto and incorporated fully herein. Resolution No. 5212 February 29, 2016 Page 1 of 2 RES.0 Page 181 of 225 Section 2. That the Mayor- is authorized to implement. such r-- administrative procedures as may tie necessary to carry out the directiives.:of1his legislation. Section 3: That this Resolution .shall take effect and be in fuil - .force updh-passage and signatures hereon. Dated and Signed this day of , 201fi. CITY OF AUBURN NANCY BACKUS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED: VED: TO FORM Daniel. B. Heid; .City Attorney Resolution N_o: 5212_ February 29, 201.6 Pag6"2'6f 2 RES.0 Page 182 of 225 i Parametrix EXHIBIT A RIGHT -OF -WAY DEDICATION 8T" STREET SE A PORTION OF GOVERNMENT LOT 7 IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 19; THENCE SOUTH 89 055'06" EAST ALONG THE NORTH LINE OF SAID SECTION, 250.04 FEET TO THE NORTHWEST CORNER OF PARCEL A OF CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NO. 08 -0018 AS RECORDED UNDER RECORDING NO. 20090120900004, RECORDS OF SAID COUNTY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE AND THE NORTH LINE OF SAID PARCEL A, SOUTH 89 °55'06" EAST, 421.92 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 00 004'54" WEST, 30.00 FEET; THENCE PARALLEL WITH AND 30.00 FEET SOUTH OF SAID NORTH LINE NORTH 89 055'06" WEST, 422.47 FEET TO THE WEST LINE OF SAID PARCEL A; THENCE ALONG SAID WEST LINE NORTH 01 °07'41" EAST, 30.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 12,666 SQUARE FEET OR 0.29 ACRES MORE OR LESS Page 1 of 1 RES.0 Page 183 of 225 19 Lij rn N rn I _o N m Z r F- I I S89'55'06"E 2. 6 50 T.PO4 .O.B. "' Parametrix DATE: Feb 26, 2016 FILE: 2471031 LesGovePark_Exhihils RES.0 ;BLOCK; 5 'RAILR AD ADDITI N VOL I 20, PAGE 3� I I 8th ST SE 0 S89'55'06" E 421.92' CONTAINS 12,666 S,F, OR 0.29 ACRES, MORE OR LESS ROW FOR DEDICATION N89'55'06 "W 422,47' 0 50 SCALE IN FEET Page 184 of 225 d' EXHIBIT B Parametrix EXHIBIT C RIGHT -OF -WAY DEDICATION 9TH STREET SE A PORTION OF GOVERNMENT LOT 7 IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 19; THENCE SOUTH 01 007'41" WEST ALONG THE NORTH - SOUTH CENTER SECTION LINE, 264.84 FEET TO THE SOUTH MARGIN OF THE EAST HALF OF 'H' STREET SE AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTER SECTION LINE SOUTH 01 007'41" WEST, 46.25 FEET; THENCE LEAVING SAID LINE SOUTH 89 °55'06" EAST, 250.04 FEET ALONG A LINE PARALLEL WITH AND 46.24 FEET SOUTH OF THE SOUTH LINE OF A 4.76 FOOT STRIP OF LAND CONVEYED TO THE CITY OF AUBURN PER QUIT CLAIM DEEDS 7204140589, 7204140588, 7206010436 AND 7204140590 RECORDS OF SAID COUNTY TO THE WEST LINE OF REVISED PARCEL `A' AS SHOWN ON CITY OF AUBURN BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 20090120900004, RECORDS OF SAID COUNTY; THENCE NORTH 01 °07'41" EAST ALONG SAID WEST LINE, 46.25 FEET TO SAID SOUTH LINE; THENCE NORTH 89 055'06" WEST ALONG SAID SOUTH LINE 250.04 FEET TO THE NORTH - SOUTH CENTER SECTION LINE AND THE TRUE POINT OF BEGINNING. CONTAINING 11,562 SQUARE FEET OR 0.265 ACRES MORE OR LESS Page 1 of 1 RES.0 Page 185 of 225 CIZZ P cya v abs a o rNx� ,�gam Ao -��am 111113 At? a tc '80 jZL co &'85 fiOZ� 6gS00 a��d0 \0�0 \ 06c,0b �' \ANV 1 \00 l N \ qlS tc, Oro O rn co M\ -r7-Y ,�gam Ao -��am 111113 At? a tc '80 jZL co &'85 fiOZ� 6gS00 a��d0 \0�0 \ 06c,0b �' \ANV 1 \00 l N \ qlS tc, Oro O rn co 'Alu,BURN VVAS I � I N G "i'(') N1 AGENDA BILL APPROVAL FORM Administrative Recommendation: City Council adopt Resolution 5219. Background Summary: In the summer of 2015, 4Culture and King County Council (the "County ") established the Building for Culture Program, a partnership to provide capital grant funding to arts, cultural heritage and preservation nonprofit organization, local public agencies and owners of designated historic structures within King County. To provide funds for the Building for Culture Program, the County enacted Ordinance 18180 (the "Bond Ordinance "), which authorized the issuance of the issuance and public sale of one or more Series of limited tax general obligation bonds of the County in an aggregate original principal amount not to exceed $29,000,000. Under this agreement, Grant Recipients utilize grant funds for the Project to build, maintain, expand, preserve and /or improve new and /or existing cultural facilities in King County. The City of Auburn has been awarded the amount of $200,000 to reimburse renovation costs of the Old Post Office Building (100 Auburn Avenue) for the new use as an Arts and Culture Center. Funds awarded are reimbursed for project costs incurred expressly and solely in accordance with the Project Proposal and Budget. As a historic building on the National Register for Historic Places and local landmarks register, renovation will adhere to The Secretary of the Interior's Standards for Treatment of Historic Properties and follow guidelines set forward within the contract. Additionally, 4Culture support is to be acknowledged in any permanent signage and all marketing and promotional materials. Reviewed by Council Committees: Councilmember: Staff: Faber Meeting Date: March 21, 2016 Item Number: RES. D RES.D AUBURN * MORE THAN YOU IMAGINED Page 187 of 225 RES.D AUBURN * MORE THAN YOU IMAGINED Page 188 of 225 RESOLUTION NO. 5 21 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY ( "4CULTURE ") AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY CONTRACTS TO ACCEPT SAID FUNDS WHEREAS, the City of Auburn Arts Commission, on behalf of the City of Auburn, submitted an application to the King County Council and the Cultural Development Authority of King County (4CULTURE) for a Building for Culture Grant; and WHEREAS, the City has been advised that it has been approved to receive a grant from said program in the amount of Two Hundred Thousand and No /100s Dollars ($200,000.00); and WHEREAS, the funding will support the renovation costs of the Old Post Office Building located at 100 Auburn Avenue for the new use as an Arts and Culture Center. WHEREAS, acceptance of the grant will benefit the citizens of Auburn. NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows. Section 1. Acceptance of Grant and Authorization of Contract. The City Council hereby accepts the Building for Culture Grant (Tax- Exempt Bond Proceeds) from 4CULTURE, in the amount of Two Hundred Thousand and No /100s Dollars ($200,000.00), and authorizes the Mayor and City Clerk to execute the Contract with 4CULTURE in substantial conformity with the Contract marked as Exhibit "A" attached hereto and incorporated herein by this reference. Resolution No. 5219 March 15, 2016 Pagge 1 RES.D Page 189 of 225 Section 2. Implementation. The Mayor is further authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation, including assuring that the grant fund appropriation is included in the appropriate budget documents of the City. Section 3. Effective Date. That this Resolution shall take effect and be in full force upon passage and signatures hereon. SIGNED and DATED this day of , 2016. CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk ,•••, � `:Tide ir . Resolution No. 5.219 March 15, 2016 RE M2 Page 190 of 225 DocuSlgn Envelope ID: 3FA6F5CA- 06184E9B-8C9D- 742FBOAFEC60 GRANT RECIPIENT INFORMATION City of Auburn Your Contract #: 1.15790A Maija McKnight K C Bonds Arts Cultural Facilities - 300401 Arts Coordinator Ordinance #: 18181 2840 Riverwalk Drive SE Auburn, Washington 98002 mmcknight @auburnwa.gov (253) 804 -5043 PROGRAM INFORMATION Attached is your Contract with 4Culture for $200,000.00 for the Creation of the Auburn Arts Center project. The contract starts on 01/01/16 and remains open until the Public Benefit is fulfilled. For questions, contact Debra Twersky at debra.twersky @4culture.org or (206) 263 -1610. SCOPE OF WORK 4Culture, the Cultural Development Authority of King County, will reimburse the City of Auburn for satisfactory completion of the services and requirements as specified below, in an amount not to exceed $200,000.00, for expenses associated with the Creation of the Auburn Arts Center, as described in the proposal attached to this contract. Payment will be made available in the following manner: PHASE 1: Acquisition of the property, including architectural and engineering expenses incurred as part of the renovation plans for the new Auburn Arts Center, for up to $200,000.00. Requests for reimbursement may be submitted in one or more invoices for multiple phases as costs are paid. Accompanying the 4Culture invoice(s) for these expenses shall be documentation that identifies vendors and details the work performed and dates the expenses were incurred. Such documentation shall include, but is not limited to, proofs of purchase, work orders or receipts for purchases. Documentation for property acquisition should consist of a signed purchase and sale agreement, or preliminary HUD settlement statement, with escrow instructions. NOTE: ONLY "CAPITAL COSTS" are eligible for reimbursement under this contract. All funds must support facilities and /or equipment intended for 10 year use and valued as depreciable assets, not expensable as part of annual operations. 4CULTURE PAGE 1 DWT 28631851x6 0060585- 000001 RES.D Page 191 of 225 a CULTURE BUILDING FOR CULTURE 206296. GRANT INFORMATION FA x 206 296.8629 8629 v"P" 71 {TAX - EXEMPT BOND PROCEEDS} 101 PREFONTAINE PL S SEATTLE WA 98104 WWW.4CULTURE.ORG GRANT RECIPIENT INFORMATION City of Auburn Your Contract #: 1.15790A Maija McKnight K C Bonds Arts Cultural Facilities - 300401 Arts Coordinator Ordinance #: 18181 2840 Riverwalk Drive SE Auburn, Washington 98002 mmcknight @auburnwa.gov (253) 804 -5043 PROGRAM INFORMATION Attached is your Contract with 4Culture for $200,000.00 for the Creation of the Auburn Arts Center project. The contract starts on 01/01/16 and remains open until the Public Benefit is fulfilled. For questions, contact Debra Twersky at debra.twersky @4culture.org or (206) 263 -1610. SCOPE OF WORK 4Culture, the Cultural Development Authority of King County, will reimburse the City of Auburn for satisfactory completion of the services and requirements as specified below, in an amount not to exceed $200,000.00, for expenses associated with the Creation of the Auburn Arts Center, as described in the proposal attached to this contract. Payment will be made available in the following manner: PHASE 1: Acquisition of the property, including architectural and engineering expenses incurred as part of the renovation plans for the new Auburn Arts Center, for up to $200,000.00. Requests for reimbursement may be submitted in one or more invoices for multiple phases as costs are paid. Accompanying the 4Culture invoice(s) for these expenses shall be documentation that identifies vendors and details the work performed and dates the expenses were incurred. Such documentation shall include, but is not limited to, proofs of purchase, work orders or receipts for purchases. Documentation for property acquisition should consist of a signed purchase and sale agreement, or preliminary HUD settlement statement, with escrow instructions. NOTE: ONLY "CAPITAL COSTS" are eligible for reimbursement under this contract. All funds must support facilities and /or equipment intended for 10 year use and valued as depreciable assets, not expensable as part of annual operations. 4CULTURE PAGE 1 DWT 28631851x6 0060585- 000001 RES.D Page 191 of 225 DocuSlgn Envelope ID: 3FA6F5CA- D618-4E98- BC90- 742FBOAFEC60 PUBLIC BENEFIT 4Culture is providing funds to support the City of Auburn for the acquisition of property to become the Auburn Arts Center, in order to allow the City of Auburn to better serve its mission and provide the citizens of King County with significant public benefit. The City of Auburn will be committed to providing public arts experiences for a period of no less than 10 years. During that time, the public will regularly have access to the City of Auburn's new Auburn Arts Center facility and /or programs, and will benefit from the following types of potential arts opportunities: • Regularly scheduled free or pay- what - you -can access to exhibits and displays presented in the facility supported by this grant • Regularly scheduled cultural programs produced by City of Auburn offered to King County residents and Visitors at other sites in the community • Access to community special events and meetings held on the site • Access to educational programs held in the facility that are targeted to underserved King County populations such as students, senior citizens, or other specific audiences • Rental of the facility or studio spaces at significantly below market rate to other non - profit arts and cultural groups or individual artists The Contractor agrees to widely publicize its public benefit performances, events and programs throughout King County and to track the number of public benefit events and audiences served by such programs GRANT RECIPIENT INSTRUCTIONS Please electronically sign this Agreement within two weeks of receipt and return any required enclosures. You will not be able to make changes to this Agreement. If there is an error in the document, or if you need to request changes in your Scope of Work or other items, please contact your Program Manager listed above. 1. SCOPE OF WORK - Please review the information, Scope of Work, and Public Benefit sections above carefully. These explain the work you are agreeing to perform in accordance with the application you submitted to 4Culture. ENCLOSURES — Please download and complete any required enclosures listed below and e -mail to 4Culture at attachments@4culture.ors. Enclosures with private information (e.g. social security numbers on a W -9) may be mailed to 4Culture, 101 Prefontaine PI S, Seattle, WA 98104 -2672. a. Items to be returned at the time you sign the Agreement: W -9 Certificate Of Liability Insurance or Letter of Self Insurance If your property is owned by an individual or for - profit business: Legal description of real property on which Project is located (Contact staff if you are not able to provide this information) 4CULtURE PAGE 2 DWT 2863185N6 0066585 -000001 RES.D Page 192 of 225 DocuSign Envelope ID: 3FA6F5CA- D618- 4E9B- BC9D- 742FBOAFEC60 REQUESTING PAYMENT - Once your 4Culture contract is signed by both you and 4Culture, your new grant will be listed in your account at applv.4culture.cre under the Manage Awards section along with any prior awards. To be reimbursed for your project expenses, follow the "Request Payment" button link next to the relevant contract and complete the Payment Request form. You may submit a request for either a partial payment or final payment per the Scope of Work detailed in this contract. It is up to you to track the remaining balance in a grant. You will not see it listed in this system. If you need that information, please contact Debra Twersky. Provide a brief description of the work done under this invoice and how it relates to your facilities project, or if a final request, how the project is impacting your organization, under the "public benefit" section of the invoice form. Provide dates that the work took place. That information is the only narrative report you'll provide. You must upload these re uired attachments for a Bui Iding For Culture invoice: • Receipt(s) for all work done as part of this payment request that equal or exceed the total amount you are requesting. If you have a lengthy list of PDFs please include an excel or adding machine tape totaling the receipts 'and gang together receipts whenever possible • With your final invoice: One or two photographs of the project • If you were asked to provide additional documents When you signed the contract such as a W -9 Form, a Certificate of Liabilit naming 4Culture as additional insured, or, for public entities, a letter of self- insurance, you should have sent those in already. • You may also need to rovide us with a legal description of the site of your proiect before we can make a payment if you are making improvements to privately owned property. Your program manager will advise you about this requirement. • If your proiect involves rehabilitation of an historic property you will be required to provide verification that your improvements are Grant Recipient shall provide the 4Culture with verification that the plans and specifications for any Project that is for historic preservation of historic landmarks meet the requirements of any federal, state, and local authority having jurisdiction to assist 4Culture in complying with its obligation to verify such plans and specification to the County pursuant to Section 7.4 of the Implementation Agreement. Once you have submitted your Payment Request electronically, your program manager is notified by the system — you do not need to email us. He or she will review and approve the invoice, and we will send you a check (usually within 14 days). If any of the forms are filled out incorrectly, we will contact you. 4CULrURE PAGE 3 DWT 2863185lv6 0060585.000001 RES.D Page 193 of 225 DocuSign Envelope ID: 3FA6F5CA- D618.4E9B- aC9D- 742FBOAFEC60 4CULTURE WILL NOT REIMBURSE YOU FOR ANY COSTS THAT ARE NOT CAPITAL COSTS. 4. 4CULTURE LOGO — for details of the requirements for acknowledging 4Culture support, please refer to Section 11, D. of the Agreement. The 4Culture logo is available for download in PDF, EPS, and Jpeg formats. 5. SIGNATURE — Follow the link in the e-mail message - you will be walked through a few simple steps to read and sign the Agreement at DocuSign. A copy of the Agreement will be e- mailed to you as a PDF after it has been signed by 4Culture's Executive Director. 4CULTURE PAGE 4 DWT 28631851 v6 0060585 - 000001 RES.D Page 194 of 225 Docusign Envelope ID: 3FA6F5CA- D6184E9B- 8C9D- 742FBOAFEC60 BUILDING FOR CULTURE GRANT AGREEMENT (TAX - EXEMPT BOND PROCEEDS) This BUILDING FOR CULTURE GRANT AGREEMENT (this "Agreement ") is entered into by THE CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY ( "4CULTURE "), whose address is 101 Prefontaine PI S, Seattle, WA 98104 -2672 and telephone number is (206) 296 -7580 and the Grant Recipient as named on the attached Grant Information Sheet. Grant Recipient is an arts, cultural, heritage and preservation nonprofit organization, local public agency or owner of designated historic structures within King County qualified to receive funds pursuant to King County Code Sections 2.48 and 4.42 and RCW 67.28.180. BACKGROUND In the summer of 2015, 4Culture and King County (the "County ") established the Building for Culture Program, a partnership to provide capital grant funding to arts, cultural, heritage and preservation nonprofit organizations, local public agencies and owners of designated historic structures within King County. 4Culture subsequently solicited proposals from arts, cultural, heritage and preservation nonprofit organizations, local public agencies and owners of designated historic structures Within King County for Building for Culture grant funding to support such cultural facilities capital projects. The County and 4Culture entered into an Agreement for Implementation of the Building for Culture Program, dated December 4, 2015 (the "Implementation Agreement ") formalizing the Building for Culture Program. The Implementation Agreement designates the Building for Culture Program projects, including the approved grant recipients and grant amounts. In the Implementation Agreement, the County agreed to provide Bond financing for the Building for Culture Program, the debt service for which will be paid with certain Hotel -Motel Tax Revenues. 4Culture agreed to administer the Building for Culture Program, including negotiating and entering into grant agreements pursuant to which 4Culture will distribute Bond proceeds to grant recipients. To provide funds for the Building for Culture Program, the County enacted Ordinance 18180 (the "Bond Ordinance "), which authorized the issuance of the issuance and public sale of one or more Series of limited tax general obligation bonds of the County in an aggregate original principal amount not to exceed $29,000,000. Any Series of Bonds may be issued and sold as either Tax- Exempt Bonds or Taxable Bonds, as determined by the County Finance Director. The County expects to issue a Series of Tax - Exempt Bonds and a Series of Taxable Bonds on February 23, 2016. Grant Recipient's Project was approved for funding pursuant to the Implementation Agreement. Under this Agreement, Grant Recipient shall utilize grant funds for the Project to build, maintain, expand, preserve and /or improve new and /or existing cultural facilities in King County. The legislative authority of 4Culture has found and declared that in so doing, the Grant Recipient will enhance access to art museums, cultural museums, heritage museums, historic structures, and/or the performing arts for the benefit of the people of King County. The legislative authority of 4Culture has further found and declared that such use of such grant 4CULTURE PAGE 5 DWT 29631851v6 0060585 -000001 RES.D Page 195 of 225 DocuSign Envelope ID: 3FAGF5CA- D61a- 4E9B- 8C9D- 742FBOAFEC60 funds is consistent with the purposes set forth in RCW 67.28.180 ( "Public Benefits "). The legislative authority of 4Culture has also further found and declared that providing funds to Grant Recipient to reimburse Project Costs in consideration of providing the Public Benefits hereunder constitutes a public purpose within the meaning of Article VII, Section 1 of the Washington State Constitution for which public funds may properly be expended or advanced. AGREEMENT NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: I. DEFINITION OF KEY TERMS The following capitalized terms, not otherwise expressly defined in this Agreement, shall have the meanings assigned below. Bonds means limited tax general obligation bonds of the County issued to provide financing for the Building for Culture Program and to pay costs of issuing the Bonds. Code means the federal Internal Revenue Code of 1986, as amended, together with corresponding and applicable final, temporary or proposed regulations and revenue rulings issued or amended with respect thereto by the United States Treasury Department or the Internal Revenue Service. Grant means the grant of funds to the Grant Recipient for the Project in the aggregate amount set forth on the attached Grant Information sheet. Hotel -Motel Tax_ Revenues means all of those revenues generated by the tax authorized by RCW 67.28.180. Project means the Grant Recipient's Building for Culture Program project identified on the attached Grant Information Sheet and as described generally by a Project Proposal and Budget made by the Grant Recipient, and more specifically by a final agreed upon Project Scope of Work as drafted by 4Culture, including an identified Public Benefit. Project Costs means Grant Recipient's actual Project Costs to the extent those costs are (a) capital expenditures for federal income tax purposes within the meaning of Section 1.150 - 1(b) of the Code, (b) reasonable, necessary and directly used for the Project, and (c) eligible or permitted uses of the Grant under the legislative acts of the County and 4Culture authorizing the Building for Culture Program, including, without limitation, the Bond Ordinance and under this Agreement. Project Costs do not include internal costs charged to the Project by Grant Recipient or payments made to Related Parties. Related Parties means, in reference to governmental units or 501(c)(3) organizations, members of the same controlled group within the meaning of Section 1.150 -1(e) of the Code, and in reference to any person that is not a governmental unit or a 501(c)(3) organization, a related person as defined in Section 144(a)(3) of the Code. Series or Series of Bonds means a series of Bonds issued pursuant to the Band Ordinance. 4CULTURE PACE 6 DWT 286318516 0060585 -000601 RES.D Page 196 of 225 DocuSign Envelope ID: 3FA6F5CA- 1)6184E9B- SC9D- 742FBOAFEC60 Taxable Bonds means Bonds of any series determined to be issued on a taxable basis pursuant to the Bond Ordinance. Tax - Exempt Bonds means Bonds of any series determined to be issued on a tax - exempt basis pursuant to the Bond Ordinance. II. BUILDING FOR CULTURE GRANT PROJECT SCOPE OF WORK A. The Grant Recipient shall undertake the Project and comply with the requirements set forth hereinafter and in the Project Scope of Work set forth in the Grant Information sheet attached to this Agreement. B. Funds awarded under this Agreement shall be used solely to reimburse the Grant Recipient for Project Costs incurred expressly and solely in accordance with the Project Proposal and Budget. Any amendment or modification to the Project Proposal and Budget or the Project Scope of Work must be approved in writing by 4Culture. No expenditures made prior to July 25, 2015 (60 days before the Executive Finance Committee of the County adopted its "Official Intent" motion concerning expenditures associated with the Building for Culture Program bonds program on September 23, 2015) for Project Costs will be reimbursed. C. County Reallocation of Grant Funds. Grant Recipient acknowledges that, pursuant to Section 6 of the Implementation Agreement, (i) if within twenty -four (24) months following the date of issuance of the Bonds, 4Culture advises the County that the Grant Recipient will not be able expend a sufficient amount of reimbursable funds on its Project to enable 4Culture to reimburse Grant Recipient for the full amount of its Grant funds within thirty -six (36) months following the date of issuance of the Bonds or (ii) if any allocated funds remain unexpended upon the completion or termination of a Project, then the County may reallocate such unexpended funds to other Building for Culture Projects or to pay, redeem or defease Bonds. in such event, and if the County elects to reallocate such funds; this Agreement shall be modified to reduce the amount of Grant funds available to the Project. Grant Recipient shall exercise its best efforts in a timely manner to keep 4Culture informed as to Grant Recipient's progress in completing the Project. D. The Grant Recipient agrees to use any improvement acquired, constructed, or improved and any fixed assets purchased through this Agreement to provide Public Benefits for the term of this Agreement. Should the Grant Recipient, prior to the expiration of this period, dissolve its operations, relocate outside of King County or determine that it no longer needs the improvement acquired, constructed or improved or the equipment purchased hereunder, Grant Recipient shall notify 4Culture thereof and, upon 4Culture's request, without limiting any remedy at law or in equity otherwise available to 4Culture, such improvements (to the extent practicable) and such equipment shall be transferred, without additional consideration to a King County based non - profit art, cultural or historic organization selected by 4Culture in its sole discretion. 4CUL.TURE PAGE 7 DWT 28631851x6 0060585 - 000001 RES.D Page 197 of 225 DocuSign Envelope ID: 3FA6F5CA- D618- 4E9B- BC9D- 742FBOAFEC60 E. Grant Recipient agrees to acknowledge 4Culture support in any permanent signage produced for the Project, and all marketing and promotional materials, websites, brochures, press releases, adve'rtise'ments, signage and other related materials during the period this Agreement is in force, either with the credit line "this project was supported, in part, by an award from 4Culture /King County Building for Culture Program ", and /or by the use of the 4Culture logo. F. The Grant Recipient agrees to notify 4Culture whenever possible in advance of any Project Public Benefit activities, ground breaking events or dedications. G. Any Project involving construction, restoration or rehabilitation work on an historic structure is subject to the following additional requirements: 1. Any rehabilitation andlor restoration project involving an historic resource listed on the National Register of Historic Places or a local landmarks register, or determined eligible for said registers including a resource in process of nomination, must adhere to The Secretary of the Interior's Standards for Treatment of Historic Properties. 2. Any rehabilitation and /or restoration project that would affect any designated feature(s) of significance of a King County Landmark or local landmark designated by way of an interlocal agreement for preservation services with, the County, including a contributing property located within an historic district, must obtain a Certificate of Appropriateness (COA) from the King County Landmarks Commission prior to obtaining a building permit or commencing construction. 3. Any rehabilitation and /or restoration project that would affect a designated landmark located in a jurisdiction that is a Certified Local Government (CLG) with professional staff, must provide evidence that it has received any formal approval required by law from a qualified design review board prior to obtaining a building permit or commencing construction. 4. Grant Recipient shall provide the 4Culture with verification that the plans and specifications for any Project that is for historic presentation of historic landmarks meet, the requirements of any federal, state, and local authority having jurisdiction to assist 4Culture in complying with its obligation to verify such plans and specification to the County pursuant to Section 7.4 of the Implementation Agreement. III. DURATION OF AGREEMENT This Agreement shall commence on the date noted on the Grant Information Sheet and shall terminate upon the later of (1) the tenth anniversary of the completion of the Project Scope of Work and payment of the final invoice therefor or (2) the termination of the Implementation Agreement (fift een (15) years following the first date of issuance of any Series of Bonds, or the longest term of any Series of Bonds, whichever is longer). This Agreement, however, may be terminated earlier as provided in Section V hereof. 4CULTURE PAGE 8 DWT 28631851x6 0060585 -000001 RES.D Page 198 of 225 DocuSign Envelope ID: 3FAGFSCA- D618- 4E9B- 8C9D- 742FBOAFEC60 IV. GRANT DISBURSEMENT AND METHOD OF PAYMENT A. 4Culture shall make disbursements of Grant funds in an aggregate amount as indicated on the Grant Information Sheet solely to reimburse the Grant Recipient for its actual and authorized expenditures incurred in satisfactorily completing the Project Scope of Work and otherwise fulfilling all requirements specified in this Agreement. B. If the approved Project Scope of Work expressly specifies distinct phases of the Project for cost reimbursement, Grant Recipient may apply to 4Culture for reimbursement upon completion of each such specified phase instead of waiting until completion of the entire Project. C. All invoices for reimbursement shall include documentation that identifies vendors, details costs for labor and materials and specifies the equipment purchased pursuant to this Agreement (make and model #). Such documentation shall include, but may not be limited to, purchase orders or receipts for purchases. D. Accompanying the final invoice for the project, the Grant Recipient shall also submit a brief project status report and digital images of publishable quality for use by 4Culture to publicize the Building for Culture Program_ . Technical specifications required for image files are available in the "Manage Your Award" section of the 4Culture website. E. All Grant disbursements are subject to site inspection and approval by 4Culture F. If the Grant Recipient fails to comply with any terms or conditions of this Agreement or to provide in any manner the work or services agreed to herein, 4Culture may withhold any disbursement of Grant funds to the Grant Recipient until 4Culture is satisfied that corrective action, as specified by 4Culture, has been completed. This right is in addition to and not in lieu of the 4Culture right to terminate this Agreement as provided in Section V, any other rights of 4Culture under this Agreement and any other right or remedy available to 4dulture at law or in equity. V. TERMINATION OF AGREEMENT A. If, through any cause, the Grant Recipient shall fail to fulfill, in a timely and proper manner, its obligations under this Agreement or if the Grant Recipient shall violate any of its covenants, agreements or stipulations of this Agreement, 4Culture may terminate this Agreement and withhold the remaining allocation. Prior to so terminating this Agreement, 4Culture shall submit written notice to the Grant Recipient describing such default or violation. 4Culture shall not so terminate this Agreement if 4Culture determines that Grant Recipient has, within twenty (24) days of the date of such notice, fully corrected such default or violation. 4CUOURE PAGE 9 DWT 28631851 v6 W60585 -000001 RES.D Page 199 of 225 DocuSign Envelope ID: 3FA6F5CA- D618 -4E9B- 8C9D- 742FBOAFEC60 B. Reimbursement for Project Costs incurred by the Grant Recipient, and not otherwise paid for by 4Culture prior to the effective date of a termination under subsections B and C herein, shall be as 4Culture reasonably determines. C. In the event of termination for cause, the Grant Recipient shall, immediately upon 4Culture's request and in addition to any and all other remedies available to 4Culture in equity or at law, return to 4Culture immediately any funds, misappropriated or unexpended, which have been paid to the Grant Recipient by 4Culture and all equipment, personal property and trade fixtures acquired as part of the Project Scope of Work. VI. rRESERVED1 VII. MAINTENANCE OF RECORDS A. The Grant Recipient shall maintain accounts and records, including personnel, property, financial, insurance and programmatic records and other such records as may be deemed necessary by 4Culture to ensure proper accounting for all Grant funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement. B. These records shall be maintained for a period of six (6) years after termination of this Agreement unless a longer retention period is required by law. Vlll. AUDITS AND EVALUATIONS A. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by 4Culture, the County and/or federal/state officials so authorized by law during the performance of this Agreement and six (6) years after termination hereof. B. The Grant Recipient shall provide right of access to its facilities, including by any subcontractor to 4Culture, the County, state and /or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Agreement. 4Culture will give advance notice to the Grant Recipient in the case of fiscal audits to be conducted by 4Culture. C. The Grant Recipient agrees to cooperate with 4Culture in the evaluation of the Grant Recipient's performance under this Agreement and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with Chapter 42.56 RCW (Public Records Act). IX. FUTURE SUPPORT 4Culture makes no commitment to support the services contracted for herein nor guarantee regarding the success of the services and assumes no obligation for future support of the Project except as expressly set forth in this Agreement. 4CULTURE PAGE 10 DWT 28631851 v6 0060585 -000001 RES.D Page 200 of 225 DocuSign Envelope ID: 3FA6F5CA- D618-4E98- BC9D- 742FBOAFEC60 X. OWNERSHIP OF PROJECT Grant Recipient and 4Culture agree and acknowledge that the real property improved and the personal property and fixtures acquired as part of the Project are not owned by 4Culture and 4Culture does not expect to acquire any owners/ -ip interest in or title to the capital facilities and/or equipment constructed or purchased under this Agreement. Grant Recipient shall not pledge or assign its rights to reimbursement hereunder to any third party for any reason, including, without limitation, to suppliers or subcontractors as security for Grant Recipient's obligations to such third parties. XI. GRANT RECIPIENT IS INDEPENDENT CONTRACTOR In providing services under this Agreement, the Grant Recipient is an independent contractor, and shall determine the means of accomplishing the results contemplated by this Agreement. Neither the Grant Recipient nor its officers, agents or employees are employees of the 4Culture for any purpose. The Grant Recipient shall comply with all applicable federal and state laws and regulations regarding employment, minimum wages and hours, and discrimination in employment. The Grant Recipient is responsible for determining the compensation of its employees, for payment of such compensation, and for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services. The Grant Recipient and its officers, agents, and employees shall make no claim of career service or civil service rights which may accrue to a 4Culture employee under state or local law. 4Culture assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Grant Recipient, its employees and /or others by reason of this Agreement. To the extent allowed by law, the Grant Recipient shall protect, defend, indemnify and save harmless 4Culture and the County and their respective officers, agents, and employees from and against any and all claims, costs, and /or losses whatsoever occurring or resulting from (1) the Grant Recipient's failure to pay any such compensation, wages, benefits, or taxes; (2) the supplying to the Grant Recipient of work, services, materials, or supplies by Grant Recipient employees or other suppliers in connection with or support of the performance of this Agreement. The Grant Recipient shall also defend, indemnify, and save harmless 4Culture and the County and their respective its officers, agents, and employees, from and against any and all claims made by Grant Recipient's employees arising from their employment with Grant Recipient. XII. HOLD HARMLESS AND INDEMNIFICATION To the full extent provided by applicable law, the Grant Recipient shall protect, defend, indemnify, and save harmless 4Culture and the County and their respective officers, employees, and agents from any and all costs, claims, judgments, and /or awards of damages, arising out of or in any way resulting from the acts or omissions of the Grant Recipient, its officers, employees, and /or agents, except to the extent resulting from 4Culture's or the County's sole negligence. If this Agreement is a "a covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to, subtraction from, improve.ment to, or maintenance of, any building, highway, 4CUL7URE PAGE 11 D WT 28631851 v6 0060585-000001 RES.D Page 201 of 225 DocuSign Envelope ID: 3FA6F5CA -D61 B- 4E9MC9D- 742FBOAFEC60 road, raiiroad, excavation, or other structure, project, development, or improvement attached to real estate" within the meaning of RCW 4.2.4.225, the Grant Recipient shall so protect, defend, indemnify, and save harmless 4Culture and the County and their respective officers, employees, and agents only to the extent of the Grant Recipient's, its officers', employees', and/or agents' negligence. 4CULTURE PAGE 12 DWr 2963185lv6 0060585 -000001 RES.D Page 202 of 225 DocuSign Envelope ID: 3FA6F5CA- D618- 4E9B- 8C9D- 742FBOAFEC50 The Grant Recipient agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. In the event 4Culture or the County incurs any judgment, award and /or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Grant Recipient: XIII. INSURANCE REQUIREMENTS A. Grant Recipient shall procure, at its sole cost and expense, Commercial General Liability insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Grant Recipient, his agents, representatives, employees, and /or subcontractors. The costs of such insurance shall be paid by the Grant Recipient or subcontractors. Each policy shall be written on an "Occurrence" basis. B. Minimum Scope of Insurance shall be Insurance Services Office form number (CG 00 01 Ed. 11 -88)— Minimum Combined Single Limit of $1,000,000 el & PD With a General Aggregate per project. C. Deductibles and Self Insured Retentions Any deductibles or self- insured retentions must be declared to, and approved by, 4Culture. The deductible and /or self- insured retention of the policies shall be the sole responsibility of the Grant Recipient. Self- insured entities may provide a letter attesting to that fact in lieu of a COLT. D. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions; General Liability Policies a) 4Culture, its officers, employees and agents are to be covered as primary additional insureds as respects liability arising out. of activities performed by or on behalf of the Grant Recipient in connection with this Agreement. b) To the extent of the Grant Recipient's negligence, the Grant Recipient's insurance coverage shall be primary insurance as respects 4Culture, its officers, employees, and agents. Any insurance and /or self- insurance maintained by 4Culture, its officers, employees, or agents shall not contribute with the Grant Recipient's insurance or benefit the Grant Recipient in any way. C) The Grant Recipient's insurance shall apply separately to each insured against whom claim is made and /or lawsuit is brought, except with respect to the limits of the insurer's liability. 4CULT6RE PAGE 13 DWT 28631851v6 0060585- 000001 RES.D Page 203 of 225 DocuSign Envelope ID: 3FA6F5CA- 0618- 4E9B- 8C90- 742FBOAFEC60 2. All Policies a) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as reduced in aggregate by paid claims, at any point during the life of this Agreement. No material change, or cancellation or nonrenewal of any policy required by this Agreement shall occur without thirty (30) days' prior written notice to 4Culture. E. Acceptability of Insurers Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers With a Best's rating of no less than A:VIII, or, if not rated with Best's, with minimum surpluses the equivalent of Bests' surplus size VIII. F. Verification of Coverage 4Culture, reserves the right to request that contractor submit documentation evidencing compliance with all requirements set forth above. XIV. CONFLICT OF INTEREST Chapter 42.23 RCW (Code Of Ethics for Municipal Officers — Contract Interests) is incorporated by reference as if fully set forth herein and the Grant Recipient agrees to abide by all the conditions of said Chapter. Failure by the Grant Recipient to comply with any requirements of such Chapter shall be a material breach of contract. In addition, Grant Recipient represents, warrants and covenants that no officer, employee, or agent of 4Culture who exercises any functions or responsibilities in connection with the planning and implementation of the Project Scope of Work funded herein, has or shall have any beneficial interest, directly or indirectly, in this Agreement. The Grant Recipient further represents, warrants and covenants neither it nor any other person beneficially interested in this Agreement has offered to give or given any such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in connection with this Agreement. The Grant Recipient shall take all appropriate steps to assure compliance with this provision. 4CULTURE PAGE 14 DWT 28631851 v6 0060585 -000001 RES.D Page 204 of 225 DocuSign Envelope ID: 3FA6F5CA- D618 -4E9B- 8C9D- 742FBOAFEC60 XV. NONDISCRIMINATION During the performance of this Agreement, Grant Recipient agrees that it shall not discriminate on the basis of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualifications. Notwithstanding the definition of contract as set forth in K.C.C. chapter 1.2.19, the provisions of that chapter and related administrative rules shall apply to this Agreement and are incorporated herein by this reference. They are also available online at: htt : / /kin count ovlo erationsl rocurement/services /e ual benefits.as x Grant Recipient shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, chapter 49.60 RCW, grid Titles VI and VII of the Civil Rights Act, of 1964. Any violation of this provision shall be considered a default of this Agreement and shall be grounds for cancellation, termination, o.r suspension, in whole or in part, of this Agreement and may result in ineligibility for further agreements with the County and/or 4Culture. The Grant Recipient shall maintain, until 12 months after completion of all work under this Agreement, all written quotes, bids, estimates or proposals submitted to the Grant Recipient by all businesses seeking to participate in this Agreement. The Grant Recipient shall make such documents available to the 4Culture for inspection and copying upon request. XVI. TAX COVENANTS OF GRANT RECIPIENT Grant Recipient acknowledges that the Grant will be funded from the proceeds of Tax Exempt Bonds and that the uses of the Grant proceeds and the Project by Grant Recipient may impact the continued tax- exempt status of the Tax Exempt Bonds. Grant Recipient agrees take any and all actions reasonably requested by 4Culture or the County necessary to prevent interest on any Tax - Exempt Bonds from being included in gross income for federal income tax purposes. Grant Recipient further agrees that it will neither take any action nor make or permit any use of Grant funds or other (or of any other funds that may be deemed to be proceeds of such Tax - Exempt Bonds pursuant to Section 148 of the Code), at any time during the term thereof, that will cause interest on such Tax- Exempt Bonds to be included in gross income for federal income tax purposes. XVII. ADDITIONAL COVENANTS OF GRANT RECIPIENT Grant Recipient covenants as follows: A. Compliance with Laws. Grant Recipient shall comply with ail applicable laws, rules, regulations and orders of any court or governmental authority that relate to this Agreement or the Project. These laws, rules, regulations and orders are incorporated by reference in this Agreement to the extent required by law. 4CUL7URF PAGE 15 DWT 28631851v6 0060585 -000001 RES.D Page 205 of 225 DocuSign Envelope ID: 3FA6F5CA- D618 -4E9.B- 8C9D- 742FBOAFEC60 B. Real Property. Legal title to all real property financed with the Grant shall be owned in fee simple by Grant Recipient, or under a lease the term of which is at least as long as the term of this Agreement, in either case free and clear of all encumbrances other than minor encumbrances, except as expressly approved in writing by 4Culture. Grant Recipient shall maintain a standard form of title insurance policy for the value of the purchase price of the property, and where appropriate will purchase endorsements to that policy in amounts to cover improvements. Where Grant Recipient suffers a loss that is covered by title insurance, insurance proceeds will be paid to 4Culture, not to exceed the amount of the Project Costs that are attributable to the real property. C. Operation and Maintenance of the Project. Grant Recipient agrees to construct the Project in accordance with the Project plans, specifications and budget and to contract with competent, properly licensed and bonded contractors and professionals in accordance with all applicable federal, state and local laws regulating construction of the Project. Grant Recipient agrees to have plans and specifications for the Project prepared by a licensed architect or licensed engineer unless expressly approved otherwise in writing by 4Culture. Grant Recipient shall operate and maintain the Project in good repair and operating condition so as to preserve the Public Benefits of the Project, including making all necessary and proper repairs, replacements, additions, and improvements. D. Sales, Leases and Encumbrances. During the term of this agreement, Grant Recipient shall not sell, transfer, encumber, lease or otherwise dispose of any property the payment for which Grant Recipient receives reimbursement hereunder as a Project Cost, unless 4Culture has granted it prior, written consent. Any such sale, lease, exchange, transfer or other disposition of any substantial portion of or interest in the Project shall be subject to assignment of Grant Recipient's obligations with respect to the Project as provided in this Agreement. The assignee shall be subject to 4Culture's prior written approval, which shall not be unreasonably withheld. It shall not be unreasonable for 4Culture to withhold such approval if the proposed assignee fails to demonstrate to the reasonable satisfaction of 4Culture that it possesses the financial resources and operational experience necessary to undertake the Project in accordance with the Agreement and to satisfy the indemnification obligations to be assumed under the Agreement by such assignee. Such assignment also shall be in form acceptable to 4Culture in its reasonable discretion. In the case of sale, lease, exchange, transfer or other disposition of any substantial portion of or interest in the Project to an assignee not approved by 4Culture, or pursuant to an assignment the form of which 4Culture has not approved, Grant Recipient shall, within 30 days of receipt of any proceeds from such disposition, pay such proceeds to 4Culture, not to exceed the amount of the Project Costs previously reimbursed hereunder that is attributable to the property, unless 4Culture agrees otherwise in writing. E. Condemnation Proceeds. If the Project or any portion is condemned, within 30 days of receipt of any condemnation proceeds, Grant Recipient shall pay such proceeds to 4Culture, not to exceed the amount of the Project Costs previously reimbursed hereunder that is attributable to the property unless 4Culture agrees otherwise in writing. 4CULTURE PAGE 16 DWT 28631851 v6 0060585- 000001 RES.D Page 206 of 225 DocuSign Envelope ID: 3FA6F6CA- D618- 4E9B- BC9D- 742FBOAFEC60 F. Covenants Run with the Land. 4Culture and Grant Recipient acknowledge that the covenants and promises of Grant Recipient hereunder "touch and concern" Grant Recipient's real property on which the Project will be implemented as more fully described in the Project Scope of Work and that 4Culture and Grant Recipient intend that these covenants and promises run with the land and will bind Grant Recipient's successors and assigns. XVIII. GENERAL A. MODIFICATIONS. No modification or amendment of this Agreement shall be valid unless made in writing and signed by the parties hereto. B. NO WAIVERS. 4Culture's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. C. SEVERABILITY. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement that can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. D. ENTIRE AGREEMENT. This Agreement contains the entire agreement and understanding of the Parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous oral and written understandings, agreements, or other undertakings between the Parties. E. ATTORNEYS' FEES; EXPENSES. Grant Recipient agrees to pay upon demand all of 4Culture's costs and expenses, including attorneys' fees and 4Culture's legal expenses, incurred in connection with the enforcement of this Agreement. 4Culture may pay someone else to help enforce this Agreement, and Grant Recipient shall pay the costs and expenses of such enforcement. Costs and expenses include 4Culture's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post - judgment collection services. Grant Recipient also shall pay a_II court costs and such additional fees as may be directed by the court. F. NO COUNTY LIABILITY FOR 4CULTURE LIABILITIES. 4Culture is organized pursuant to County Ordinance 14482 and RCW 35.21.730, et sew. RCW 35.21.750 provides as follows: "[All] liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority." 4CULTURE PAGE 17 DWT 28631851 v6 00605 85 -000001 RES.D Page 207 of 225 DocuSign Envelope ID: 3FA6F5CA- D618- 4E9B- 8C9D- 742FBOAFEC60 G. BINDING ON SUCCESSORS AND ASSIGNS; MEMORANDUM OF AGREEMENT. This Agreement shall be binding upon the successors and assigns of Grant Recipient. In 4Culture's discretion, prior to the disbursement of grant funds hereunder, the parties will execute, acknowledge and record with the King County Recorder a memorandum of this Agreement in a form approved by each party, which approval shall not be unreasonably delayed, conditioned or withheld. H. NOTICES. Any notice, consent, demand, or other communication hereunder shall be in writing and shall be deemed to have been given if delivered in person or deposited in any United States Postal Service mailbox, sent by registered or certified mail, return receipt requested and first -class postage prepaid, addressed to the Party for whom it is intended as indicated on the Grant Information Sheet (as may be changed by written notice to the other Party pursuant to this provision): I. INTERPRETATION. The section and subsection captions in this Agreement are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement. J. TIME. Time is of the essence with respect to the performance of all obligations of this Agreement. K. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The venue of any suit ar arbitration arising under this Agreement shall be in King County, Washington and if a lawsuit, in King County Superior Court. L. THIRD PARTIES. Except as expressly provided herein, nothing in this Agreement shall be construed to permit anyone other than the Parties hereto and their successors and assigns to rely upon the covenants and agreements herein contained nor to give any such third party a cause of action (as a third -party beneficiary or otherwise) on account of any rionperformance hereunder. M. SURVIVAL. The terms and conditions of Sections I,II.D, VII, VIII, XI, XII, XI_II, , )IV, XV, XVI and XVII.I shall survive the termination of this Agreement and shall be continuing obligations of the parties. 4CULTURE: 4CULTURE PAGE 18 DWT 2863185 E v6 0060585 -000001 GRANT RECIPIENT: Enter Your Name RES.D Page 208 of 225 DocuSign Envelope ID: 3FA6F5CA- 0618- 4E9B- 8C9I7- 742FBOAFEC60 4CULTURE PAGE 14 DWT 2863185 l v6 0060585 -000001 RES.D Page 209 of 225 DocuSign Envelope ID: 3FA6F5CA- D618- 4E9B- 8C9D- 742FBOAFEC60 2015 Arts Cultural Facilities City of Auburn Mailing Address 2840 Riverwalk Drive SE Auburn Washington 98002 Shipping Address 2840 Riverwalk Drive SE Auburn Washington 98002 Phone (253) 804 -5043 Fax (253) 931 -4005 Revenue last fiscal year $1,003,239 Revenue 2nd to last fiscal year $924,614 Website www.auburnwa.nov /arts Email mmcknia ht(cDauburnayo,noy King County Council District # 7 WA State Legislative District # 1 Date Incorporated 09/69/1984 Federal Tax ID 916001228 WA State UBI# 171 -000 -010 organization Director Director of Parks, Arts and Recreation, Mr. Daryl Faber Is the Organization Director the primary contact for this application? No Director Email dfa be r@ a u b.0 rnwa . gov Director Phone (253) 804 -5044 Mission The City of Auburn Arts Commission's purpose is to serve the citizens of Auburn by fostering cultural growth a.nd enrichment, sponsoring programs representative of the entire arts spectrum and providing programs that are reflective of the growing diversity of the population of the City of Auburn. Project Title Creation of the Auburn Arts Center Short Project Description Request for $230,000 to help fund the purchase and renovation of 20 Auburn Ave for the creation of a downtown Arts Center and support space for the adjacent Auburn Avenue Theater. Project Discipline(s) RES.D Page 210 of 225 DocuSign Envelope 10: 3FA6F5CA- D618- 4E9B- 6C9D- 742F60AFEC60 Visual Amount Requested $230,000 Total Project Budget $920,000 Venue Address Old Post Office 20 Auburn Avenue /100 Auburn Ave Auburn Washington 98002 Project Venue Notes or Comments King County Council District # 7 WA State Legislative District # 31 The building is currently owned by King County and City staff are in negotiation for the purchase and sale of the building and property. The address is referred to in various documents as 20 Auburn Ave and 100 Auburn Ave (100 Auburn Ave is listed in the King County Dept. of Assessments) Contact Person Arts Coordinator, Mrs. Maija McKnight Contact Phone (253) 804 -5043 Contact Email mmcknight @auburnwa.gov Project Description Summarize your organization's mission, and describe the project for which you are seeking funds. Explain why It Is a high priority for your organization, and how It will help you better serve your mission. if your project involves restoratlon or rehabilitation of a designated historic property, describe how the proposed work complies with applicable Secretary of Interior's Standards for the Treatment of Historic Properties or local design review guidelines. City of Auburn Art's Commission's purpose is to foster the growth of arts in Auburn through the presentation of various arts programs, community initiatives and program partnerships. Programs include Public Art, Art Classes and Outreach, Visual Art Gallery Spaces, BRAVO Performing Art Series which includes nearly 70 performances throughout the year, Summer Sounds and Cinema (3 performances), Kids Summer Stage (5 performances), and various festivals, events and initiatives. City of Auburn seeks $230,000 toward the purchase and renovation to the property and bu.ilding located at 20 Auburn Avenue (100 Auburn Ave) Building for the creation of an Downtown Auburn Arts Center. The City is currently in negotiations with King County for the purchase and sale of the building and property for approximately $400,000 (with taxes and fees) and the renovations to the building, soft casts, project management and deign are estimated at $450,000. The 8,000 square foot Arts Center will house rotating art exhibitions, studios, meeting and classroom spaces, event rental venue, as well as support space for the City managed Auburn Avenue Theater that is located in the adjacent property. Currently owned by King County, and most recently used as a King County Public Health Building, the historic structure was first built in 1937 as a WPA project and housed the Auburn Post Office. The interior was extensively remodeled in 1964 when the building was converted from its historic use as a post office to the new use as medical clinic. The building is listed on the King County Landmarks Register, the Washington State Heritage Register and the National Register of Historic Places. As a historic property, renovation will follow the guidelines of the Secretary of the Interior's Standards for Rehabilitation, RES.D Page 211 of 225 DocuSign Envelope ID: 3FA6F5CA- D61B- 4E96- 8C90- 742FBOAFEC60 specifically retaining and preserving existing historic character and not removing /altering any historic features and /or spaces. The nexus between this building and the Auburn Avenue Theater and other downtown Arts programs makes this an ideal site for consideration of expanded Arts opportunities in downtown. The purchase and renovation of this building would allow increased access to the arts for all of Auburn residents and visitors. Having a dedicated Art Center alongside the Auburn Avenue Theater performing arts series would have the potential to transform Auburn into an arts tourism destination within the South Puget Sound. This project is a high priority for the City of Auburn and the purchase of this important building has been in discussion for several years. Project Impact Describe the benefits this project will provide externally to the community. Now did you determine the need and has your community or audience been involved in developing the project? How will the project contribute to cultural opportunities in King County? How will the project affect your operations during and after construction /renovation or purchase? For example, will the project change the type or frequency of your programs, raise or lower maintenance costs, reduce or increase staff levels, etc? The purchase of the Old Post Office building will provide several community benefits • Development of an Arts Center supporting expanded arts opportunities and access • Enhance and expand opportunities at the Auburn Avenue Theater and • Heighten downtown vitality, support of local arts organizations through strategic partnerships, and develop Auburn as an Arts destination in the South Puget Sound. Expanded Arts Opportunities through an Arts Center Art exhibition space, studio rental areas with specialized art equipment, classroom space, and strategic partnerships with local businesses and art s non - profits to create and maintain an active center are part of the vision for a new Arts Center. Using Kirkland Arts Center and /or ArtEast as a potential model, the newly formed arts center would be gathering place for local and regional artists and support artistic growth and excellence. Staffing levels will be impacted and areas of responsibility for the Arts Coordinator position would be shifted. The proximity to the Auburn Avenue Theater would allow for some staffing overlap for open hours. The success of an arts center depends upon dedicated staffing and vision, and the City would retain appropriate staffing levels to ensure the success of the new Arts Center. Auburn Avenue Theater Expansion and Use The Auburn Avenue Theater is a property located at 10 Auburn Avenue and is adjacent to 20 Auburn Avenue with an alley separating the two buildings. The theater is a property that the City of Auburn manages, but does not own and is currently in the process of hiring a consultant to develop a plan for the potential purchase of the building when the current lease comes to an end in 2021. The theater offers over 70 live performances per year as part of the City's active performing arts season, and arts staff has seen tremendous growth in attendance and support by the community. The space within the Theater, however, is extremely limited. Set building, rehearsal areas, rental venue, backstage facilities for the performers, as well as an appropriate lobby area for pre /post performances would greatly enhance the patron experience as well as the functionality of the theater and allow the City to expand its offerings and services. This connection between the two buildings, would be further enhanced by the potential closure of the alley between the two venues, allowing for a natural cross -over and gathering space for the public. Downtown Vitality and Growing Patronage of the Art Auburn is a community of approximately 75,000 and the downtown core has several new developments that will be bringing hundreds of people living within one block of the proposed Arts Center. The need for a dedicated arts space is immediate, and the location within downtown next to the Auburn Avenue Theater in this historic building is ideal. The synergy of an Art Center adjacent to the Auburn Avenue Theater will allow for greatly expanded offerings and opportunities and create a true arts destination. The RES.D Page 212 of 225 DoCU51gn Envelope ID: 3FA6F5CA- D6184E9B- BC9D- 742FBOAFE660 building also presents an incredible opportunity to support local arts organizations through strategic partnerships. Relevant Expertise / Experience / Accomplishments Who will manage this project? List key members of your staff, volunteers,and outside consultants. Tell us why they are qualified and what role they will play in this project. Check with staff about providing complete resumes if you feel it is impplant - we just want a brief summary here. Various aspects of this project will be managed by different departments of the City Purchase and real estate acquisition o Mayor's Office o Doug Lein, Economic Development Manager Remodel and Renovation o Facilities Department with oversight by the Parks Department. o Architectural consultant and contractors to complete specialize d work, firms TBD Project Management, Programming and Day -to -Day Operations — Parks Department o Daryl Faber, Parks, Arts and Recreation Director o Julie Krueger, Arts and Events Manager o Maija McKnight, Arts Coordinator o Jim Kleinbeck, Theater Coordinator Daryl Faber has served as the City of Auburn's Parks, Arts and Recreation Director since 2006 and oversees all aspects of the Parks division including the Cemetery, White River Valley Museum, Senior Center and the Golf Course. Prior to his work with the City of Auburn, Faber worked for the City of Tacoma, Metro Parks and City of Burien Parks Department. Julie Brewer, Arts and Events Manager Julie Srewer has served as the City of Auburn's Arts & Events Manager since 2007 and oversees the coordination of large -scale special events, arts programming, and handles special departmental projects. She is also responsible for marketing arts, events, recreation, and golf for the City of Auburn. Prior to her work with the City of Auburn, Brewer served as the Community Relations Manager for the City of Renton. Maija McKnight, Arts Coordinator Maija McKnight has served as the City of Auburn's Arts Coordinator since 2008 overseeing the variety of arts programming inc'luding art in public places, performing arts season, two gallery locations, and staffing the Arts Commission. Prior to her work with the City, Maija received her Master of Arts in Museum Studies and worked in various Art Museums throughout the region specializing in Education and Community Partner public programming. Project Implementation Describe your organization's plan for making this project happen. How did you develop the budget? What is your time line. Where are you in the process? Be as specific as possible about the sources you have approach_ ed, and about in -kind donations. You need to be able to use 4Culture funds with_ in three years. Explain how you will change the project scope of work if you are unable to raise the total amount required for completion of your project as planned. The City is dedicated to the purchase of the Old Post Office building located at 20 Auburn Avenue (100 Auburn Avenue) and support from 4Culture is critical to be able to transform this space into the Auburn Arts Center. 4Culture grant support allows for the primary use of the building to become an Arts Center, allowing the City to operate the Arts Center and serve as the manager of the space. Under City management, it also allows the City to potentially accommodate partner arts organizations and other cultural or civic related entities to utilize the space, increasing access to the arts for the South King County region. RES.D Page 213 of 225 DocuSign Envelope ID: 3FA6F5CA- 0618- 4E9B- 8C9D- 742FBOAFEC60 The budget includes the approximate purchase price, staff time as in -kind, and a remodel budget. The remodel budget is an approximation based on the budget for the remodel of a current building (our old Parks offices are being remodeled into a Teen Center). The property and building have not undergone an inspection to date, and so the renovation budget will be altered as more information is available. The timeline is for the purchase to occur is by the end of the December 2015. Occupancy and remodel will occur in 2016, with an estimated opening of Fall 2016. The purchase of the building will likely occur without 4Cuiture support, but we seek $230,000 in grant funds to go towards the interior renovation of the space to ensure that Arts Center functions as the primary tenant, The City of Auburn is dedicated to the. support and advancement of arts within Auburn. With a 3 FTE arts staffing level and an annual program support budget that exceeds $500,000 there are the staffing and financial resources available - as well as the full support of the City - that will ensure that this project is a success. An initial budget for the operations and programming of an Arts Center has been drafted, and will go through the Council biennium budget approval for the 2017 -2016 cycle. Externally Hosted Work Samples RES.D Page 214 of 225 4CULTURE 2015 FACILITIES PROJECT BUDGET APPLICANT: INCOME Check if Confirmed Cash Income In -Kind BUSINESSICORPORATIONS :'(identify) . iATIONS:(Identify) 1GOVERNMENT:,(Identify) ECity of Auburn 1 1 — $620,0001 (Describe) ALS: GRAND TOTAL INCOME: $920,000 CASH + IN -KIND TOTAL EXPENSE Cash Expense In -Kind DESIGN: $50,000 CONSTRUCTION: PROJ ECT: MGMT: 70,000 FF&E: $85,000 1 SOFT COSTS: LANDIBUILDING ACQUISITION: FINANCING: FUNDRAISING: OTHER: MMLS: $85U.0uul $10.000 GRAND TOTAL EXPENSE: $920,000 CASH +!IN -KIND TOTAL RES. D Page 215 of 225 4CULTURE:2015 FACILITIES PROJECT BUDGET PROJECT`BUDGET NOTES Use the space below to add -any additional information you feel is necessary to explain a- category or line item The budget is draft, as no internal inspection has been done of the property Purchase price of the building is still being negotiated, additional renovation dollars committed by the City dependant upon cost RES. D Page 216 of 225 DocuSign Envelope ID: 3FA6F5CA- D618 -4E9B- 8C9D- 742FBOAFEC60 2015 4CULTURE FACILITIES PROGRAM: OPERATING BUDGET FORM YOUR ORGANIZATION NAME: Your Fiscal year ends: ACTUAL ACTUAL THIS YR DO NOT INCLUDE ANY CAPITAL INCOMElEXPENSEI 2013 or 13/14 20T4 or 14/15 2015 or 15116 Operatinq Expenses: Personnel: 1 - Artistic 2 - Production 3 - Administrative 4 - Education Production /Exhibition expenses Marketing /Promotion expenses Fundraising expenses Education program expenses Occupancy expenses Travel and Transport ation Administrative expenses SUBTOTAL In -Kind expenses (= In -Kind income) TOTAL OPERATING EXPENSES 149,037 149,487 155,978 153,530 167,277 170,771 395,500 381,600 406,250 21,500 23,000 27,500 172,351 166,850 193,690 2,750 2,750 3,000 41,650 33,650 46,050 936,318 924,614 1,003,239 936,318 924,614 1,003,239 Earned Income: Box Office /Admissions Memberships Tuition/Workshops Concessions Sales /Rental Interest & investment income Other earned income TOTAL EARNED INCOME Earned income percentage 125,159 151.222 130,000 23,010 28,213 34,000 7,151 3.815 4,000 155,320 183,250 168,000 17% 20°/; 17% EARNINGS GAP (780,998) 741,364 835 239 Contributed Income: ArtsFund Corporations Foundations Federal Government (NEA/NEH /IMS) State Government 4CULTURE City Government Individuals Benefits / Galas / Guilds In -Kind contributions (= In -Kind expenses) Other contributed income Transfers from reserves /endowment TOTAL CONTRIBUTED INCOME Contributed income percentage GRAND TOTAL INCOME 17,000 21 500 20,500 763,998 719,864 814,739 780,998 741,364_ 835,239 83% 80% 83% 936,318 924,614 1,003,239 SURPLUS (OR DEFICIT) Depreciation (express as a negative) SURPLUS OR DEFICIT after depreciation 0 0 0 0 0 0 RES.D Page 217 of 225 STATEMENT OF POSITION Current Year Unrestricted Total To Date Operations Board Designated Restricted Note Prior Year ASSETS Current Assets Fixed Assets Long Term Assets ,TOTAL ASSETS .!0 0' 0 0 LIABILITIES Current Liabilities Long Term Liabilities TOTAL LIABILITIES 0 0 0 0 NET ASSETS Unrestricted Undesignated Board Designated Property, Plant & Equip Temporarily: Restricted Permanently Restricted TOTAL NET ASSETS 0 0 0 0 TOTAL! LIABILITIES AND NET -ASSETS 0 0 6, 0 Note Explanation Note Explanation NOT APPLICABLE TO PUBLIC AGENCY Note Explanation Note Explanation RES. D Page 218 of 225 0 0 in M S N O CITYRF A m+ U IN WASHINGTON 2015 City of Auburn —Arts Commission :Officers f - Affiliation, tChairs FIRST 'LAST v Tei�rm Appoihtinents _ ' { a , TERWexpiration g° ' i Nancy ` Colson ;Term #1 app: 1!7113 ' Term #1 exp: 12/31/15 ;Auburn Symphony Orchestra Board - :Cary _Davidson _= Term #1 app: 7121114 Term #1 exp: 12/31/2016 ' Member _ _ Aubum School District Educator Charlotte = Gollnick -- Term #1 a 1121114 f Term #1 exp: 12/3112016 Artist and Community Member Jan Jensen Term #1 app_ 1121114 + Term #1 exp: 12/3112016 ;_Artist and Community Member - g I Co_ lle_en _ Maloney Term #1 app: 12/17/12 (shortened) _ Term #1 exp: 12/31113 = Artist and Graphic Designer —�- - VICE _ Term #2_app: 1/21/2014 Term #2 exp_ 12/31/16 ? CHAIR DeNae McGee Term #1 app: 1/3/11 Term#2 app: 1/2112014 i Term #1 exp: 12/31/13 Term #2 exp, 12/31/16 _. Arts Administrator and Performing Arts- Professional Dan = Term #1 app: 113!12 Term #1 exp: 12/31114 Background Artist and Community Member -� Norman Patricia Judd E Term #1 app: 2/2/2014 Term #1 exp: 12/31/16 ; ° Auburn SChool;Dlstrict Administrative - -- e Term #1 app: 1/3/11: ............ Term #1 exp: 12/31/13 Representative Artist and Community Member. Lea Hill Ronie ` Schwend Term #2•app.- 1/21/2014 t Term #2 exp: 12131116 Neighborhood representative. Donna £ Smart :Term #1 app: 1/2112014 ° Term #1 exp: 12/31/16 ;Arts Education Advocate. Lakeland Hills - - - Term #1 app: 2116110 Term #2 exp: 12/31/15 _Neighborhood representative ; Auburn School District. Muckleshoot CHAIR Greg Watson Term #2 app: 117113 Tribal College Educator. Member of King - - -. Laura Westergard Tenn #1 app: 117113 Term #1 exp: 12/31/15 _ County Landmarks Commission Director of Downtown Association Cultural Arts Staff • Daryl Faber, Parks, Arts and Recreation Director (since 2006) • Julie Brewer, Arts and Event Manager - 30% of time dedicated to arts programming (since 2007) • Maija McKnight, Arts: Coordinator - 100% of time dedicated to arts programming (since 2008) • Jim Kleinbeck, Theater Coordinator - 100% of time dedicated to arts programming (since 2007) • Kelsey D'Andrade, Arts and Events Assistant - 20 hours a week (since 2014) RES.D Page 219 of 225 v 0 0 c N w' 3 M m s a • v n n m n CD M m OD 0 N nn M rn 0 DocuSign Envelope ID: 3FA6F5CA- D618- 4E9B- 8C9D- 742FBOAFEC60 CITY OF f + —�� WASHINGTON, 2015 Auburn Arts Commission Annual Arts Programming ►t+iliuh1" EST. ATTENDANCE Visual Art 1,000 • Gallery (City Hall — monthly rotation & Senior Center — 2 month rotation) • Student Art Display with Auburn School District • Small Works, Big Presents Exhibition with White River Valley Museum • Community Group Art Display (eg. Green River Community College Faculty, Auburn Valley Creative Arts BRAVO Performing Arts Series 2014 -15 (including performances at Auburn 20,000 Avenue Theater & Other Locations) • Offsite performances (2 shows), Performing Arts Center closed for renovation for 14115 season ■ Comedy at the Ave (86 shows) Ave Kids Shows (10 shows) and Youth Theater Camp (6 shows) • Live at the Ave, Music (17 shows) Auburn Community Players Community Theater (12 shows) Public Art Projects: (5 projects) — Outdoor Sculpture Gallery, Streetscapes, Pianos on Parade, Benchmarks, 1 % for Art Projects Event: ArtRageous Art Activity Zones at City Organized Events and Festivals 10,000 Ongoing "Art with Artist" and Artist Professional development classes offered 100 through the Parks, Arts and Recreation Kids SummerStage (5 shows) 1,800 Summer Sounds and Cinema (3 events) 2,000 Poet Laureate Public Programming 500 Support of Community Art Events through Re -Grant Process /Funds made 5,000 available through 4Culture: Auburn Symphony Orchestra • White River Valley Museum — Small Works, Big Presents • Auburn International Farmers Market — Public Performances • Auburn Food Bank's Empty Bowls • Northwest Renaissance /Striped Water Poets • Pacific Ballroom Dance • Auburn Art Walk • Auburn Valley Creative Arts (Cooperative) • Community Events at Auburn Avenue Theater RES.D Page 220 of 225 'Alu,BURN VVAS I � I N G "i'(') N' AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No. 5222 March 17, 2016 Department: Attachments: Budget Impact: City Attorney Resclubai No. 5222 $0 Administrative Recommendation: City Council adopt Resolution No. 5222. Background Summary: The original state Budget Bill (ESSB 6246) sought to eliminate funding for the Municipal Research and Services Center ( "MRSC "). The purpose of Resolution No. 5222 is to express City of Auburn support for continued state funding of the MRSC with no conditions. By way of background, MRSC has provided comprehensive and objective guidance on complex issues to local governments in Washington for over 80 years, providing analysis, answers, and assistance on a wide variety of issues such as public records, purchasing and contracting, governmental operations, public works rosters, planning and legal issues. With 80 years of history behind its services to cities and local government, it has been a tremendous asset for local government, and it provides services that are not even available in most states of this country. The role that MRSC has played in local government through all these years, providing them no less today than it did at its inception, dramatize the value of this valuable municipal resource. MRSC has also provided publications that affect local government, including: 1. Knowing the Territory- Basic Legal Guidelines for Washington City, County and Special District Offices, 2. City Bidding Book- Washington State, 3. County Bidding Book- Washington State, 4. Contracting Services- Guidelines for Local Governments in Washington State, 5. Local Government Citizen Advisory Boards, 6. Code City Handbook; 7. Mayor & Councilmember's Handbook; 8. Nuisance Regulation for Washington Cities and Counties; l 9. Local Government Policy- Making Process, 10. Local Ordinances for Washington Cities and Counties, 11. Open Public Meeting Act; RES.E AUBURN * MORE THAN YOU IMAGINED Page 221 of 225 12. Public Records Act for Washington Cities, Counties, and Special Purpose Districts, 13. Revenue Guide for Washington Cities & Towns, 14. Revenue Guide for Washington Counties, and 15. Small Works Roster: A Guide for Washington's Local Governments. The current senate budget proposes conditions for the funds for MRSC as it "investigates" whether contracts for such services should continue or be modified or terminated. If that provision is enacted as part of the final budget adopted by the House and Senate, MRSC's funding could be reduced or eliminated. Were that to happen, it would be catastrophic to MRSC's operations, and catastrophic to the municipalities which utilize its services. Many cities and counties, both large and small, call on MRSC daily for critically needed guidance, analysis, answers, and assistance on a wide variety of issues. PSSB 6667 (Supplemental Operating Budget Proposal) as set out on Friday, March 11, 2016, states in relevant parts of the Budget: Sec. 937. RCW 66.08.190 and 2012 2nd sp.s. c 5 s 8 are each amended to read as follows: (1) Except for fiscal year 2017, prior to making distributions described in subsection (2) of this section, amounts must be retained to support allotments under RCW 43.88.110 from anylegislative appropriation for municipal research and services. The legislative appropriation for such services must be in the amount specified under RCW 66.24.065. (2) When excess funds are distributed during the months of June, September, December, and March of each year, all moneys subject to distribution must be disbursed to border areas, counties, cities, and towns as provided in RCW 66.24.065. (3) The amount remaining after distributions under subsections (1) and (2) of this section must be deposited into the general fund. (4) It is the intent of the legislature to continue the policy under subsection (1) of this section into the 2017 -2019 fiscal biennium to cease the retaining of funds for municipal research and services as it investigates whether contracts for such services should continue or be modified or terminated. Sec.938. RCW 66.24.065 and 2012 c 2 s 302 are each amended to read as follows: (1) The distribution of spirits license fees under RCW 66.24.630 and 66.24.055 through the liquor revolving fund to border areas, counties, cities, towns, and the municipal research center must be made in a manner that provides that each category of recipients receive, in the aggregate, no less than it received from the liquor revolving fund during comparable periods prior to December 8, 2011. An additional distribution often million dollars per year from the spirits license fees must be provided to border areas, counties, cities, and towns through the liquor revolving fund for the purpose of enhancing public safety programs. (2) Notwithstanding subsection (1) of this section, for fiscal year 2017, the distributions made to border areas, counties, cities RES.E AUBURN * MORE THAN YOU IMAGINED Page 222 of 225 and towns shall be reduced in such amounts necessary to support allotments under RCW 43.88.110 from any legislative appropriation for 17 municipal research and services. It is the intent of the legislature to continue this policy into the 2017 -2019 fiscal biennium as it investigates whether contracts for such services should continue or be modified or terminated. If MRSC is not fully funded by the state, Auburn, as well as all cities, counties, and other jurisdictions, will incur new and increased costs in obtaining similar high -level services as currently provided by MRSC. It is therefore recommended that the City Council pass Resolution No. 5222. The Resolution would authorize the Mayor to take steps to support its legislative purpose which would include sharing its message with our state legislators. Reviewed by Council Committees: Councilmember: Staff: Heid Meeting Date: March 21, 2016 Item Number: RES. E RES.E AUBURN * MORE THAN YOU IMAGINED Page 223 of 225 RESOLUTION NO.5 2 2 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, EXPRESSING SUPPORT FOR FULL STATE FUNDING OF THE MUNICIPAL RESEARCH AND SERVICES CENTER WITH NO CONDITIONS WHEREAS, for over 80 years, the Municipal Research and Services Center ( "MRSC ") has provided comprehensive and objective guidance on complex legal and policy issues to local governments in Washington, including the City of Auburn; and WHEREAS, MRSC has been a trusted and dedicated provider to the City of Auburn of guidance, analysis, answers, and assistance on a wide variety of issues such as public records, purchasing and contracting, governmental operations, statutory information and updates, and financial management and reporting, through public works rosters and publications; and WHEREAS, the City of Auburn relies on MRSC for substantive advice, research, opinions and information through direct contact with MRSC staff and through MRSC's website, and WHEREAS, MRSC efficiently provides information and resources to all cities and counties, and thus saves public funds statewide, and WHEREAS, the current (most recent) source of monies budgeted for the support of MRSC came primarily from the "city share" of state Liquor taxes; and WHEREAS, recent efforts have been proposed to utilize those tax dollars for other state funding needs; and WHEREAS, the current senate budget proposes conditions for state funding of MRSC as it "investigates" whether contracts for such services should continue or be --------------- - Resolution No. 5222 pMarch 16, 2016 RAgV Page 224 of 225 modified or terminated which would deprive the City of Auburn and many other cities and counties of important, useful, and valuable services; Now Therefore, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: SECTION 1. SUPPORT FOR MRSC. The Mayor and City Council of the City of Auburn, Washington, support full funding of the Municipal Research and Services Center (MRSC) from the state budget with no conditions now and in the future. SECTION 2. ADMINISTRATIVE PROCEDURES. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation, and as may be supportive of full funding of MRSC with no conditions from the state budget. 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 , 2016. ATTEST: Danielle E. Daskam, City Clerk --------------- - Resolution No. 5222 March 16, 2016 R� 2 CITY OF AUBURN NANCY BACKUS, MAYOR Page 225 of 225