The URL can be used to link to this page

Home My WebLink About96-116 - Dr Alvin Pearl - Wetland Mitigation Agreement for 401/405 Baker BoulevardOF TUKWILA : r' iHCENTBR BL vrt ,!LA. WA 9$1BR MITIGATION AGREEMENT // /J i / ' -- THIS AGREEMENT is entered as of this (0-1\A. , 1996 by and between the City of Tukwila (the "city") and Dr Alvin Pearl, ("owner") Recitals 1 Owner is the owner of the real property located at 401/405 Baker Blvd, Tukwila, Washington and legally described on Exhibit A hereto (the "Property") Owner desires to improve the Property with building improvements, a parking area, and related improvements, substantially in accord with a site plan, application and environmental checklist submitted November 2, 1995 (the "Project") 2. The City has adopted a Sensitive Area Ordinance, TMC 18 45, et. seq (the "SAO") The SAO regulates, among other things, the development and improvement of wetland property The Property contains a Type 3 wetland area of 4,480 square feet (the "Wetland") which the City contends is subject to the regulation of the SAO 3 The City has advised the Owner that he may not fill or otherwise disturb any part of the Wetland without providing mitigation as required under the SAO 4. The City has agreed that the Owner will have met the mitigation requirements of the SAO by the payment of the cost of on-site mitigation at the Property to the City, for its use in creating, enhancing, or restoring wetlands on City -owned or managed property The parties now wish to reduce their agreement to writing. Agreement Lf1 1. Recitals. The Recitals set forth above are hereby incorporated by reference herein. Cr) 2. Mitigation Payment. Owner agrees to pay to the City a sum calculated as rat set forth herein (the "Mitigation Payment") for the purpose of creating, enhancing, or restoring wetlands and wetland buffer areas away from the Property, in place of and in full satisfaction of all mitigation requirements, including without limitation any requirement of on-site mitigation and the development of a mitigation plan, set forth in the SAO or in any other City ordinance or regulation concerning the development or disturbance of wetland or other sensitive areas on the Property (a) Calculation of Payment. The Mitigation Payment shall be in the amount of 1.5 times the cost of replacing the existing vegetation in that portion of the Wetland to be developed with substantially similar vegetation, plus the cost of excavation which would be required to create a replacement wetland in area 1.5 times the wetland area to be filled at the Property For the purposes of this Agreement, the parties have agreed that the cost of replacement vegetation is $.30 per square foot, the cost of excavation is $3.50 per cubic yard, and the excavation of 250 cubic yards would be required to meet the terms of this Agreement, all as set out in the memorandum of Gary Schulz, Urban Environmentalist, dated February 22, 1996, and attached hereto as Exhibit B (the "Mitigation Report") The total cost is $2,891 00 Page 2 (b) Time of Payment. The Mitigation Payment shall be due to the City on or before the date of issuance to Owner of the final permit for the development of the Wetland. 3. Use of Mitigation Payment. The City agrees to use the Mitigation Payment for the creation, enhancement, or restoration of wetland areas within the same watershed as the Property on City -owned or managed property 4. Improvement Right. In return for the Mitigation Payment, the Owner, its successors, and assigns shall have the right to develop the wetland as necessary or desirable to complete the Project; provided that any such development shall be undertaken in accordance with all other applicable laws and regulations. 5. Voluntary Agreement. This Agreement is entered into voluntarily by the City and by Owner 6. Miscellaneous. (a) Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. (b) Entire Agreement. This Agreement constitutes the entire Agreement between the parties and cannot be changed or modified other than by a written agreement executed by both parties. (c) Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed an original. (d) Attorney's Fees. In the event of any litigation, administrative proceeding or similar proceeding to enforce this specific agreement after its execution, the prevailing party shall be entitled to its attorneys fees and costs from the losing party, at trial and on appeal. i4 CITY OF TUKWILA ByQ Its D Itee,smr c ( Mhtt Vkae.0 .f ' [OWNER} By _ Its EXHIBIT A LIECTAL DESCRIPTIO A PORTION OF LOT 8 4 9 OF ANDOVER INDUSTRIAL PARK PLAT NO 2 AS RECORDED IN VOLUME 11 OF PLATS APGES 68 4 69. 961219035 A ;.I 1 !Ni , 111=1 I! ' 1! ill A3 2 qiw 1' v} x 1 • iii )I II GITQBUILDING DATA iMli 611gia t i rl d O Si -1 r_11 a st. ClLI 4K CZ ammumwr...4myr- a CI DRAWING INDIX VICINITY MAP wr, 106CkC 1 LgGIIND .v 11 . ____K run a (N t( 111111.I 1 iliqii ii I ` - ,c''q�aapo lq111 Hi)g I if p 7 PROPOSED SITE PLAN ,-,,P.,- ] • ' LANCE MY RL•n A OCIAT• SCATTCC, MA •• 13 30• ]3] 3)]] 1]O UNCS�OC r I �.$ 1 1 ,, I I n�� q - , _ 1 ,s A uN�- `74 i 4— ... s•-•\.....s.IS % , lift! ' • \ \ 3 ,i k I� g I, S PEARL BUILDINGS 401 & 405 BAKER BOULEVARD TUKWILA, WASHINGTON Job no.} a•a.� ae J EXHIL City of Tukwila John W Rants, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO File. SEPA E95-0033 Steve Lancaster, DCD Director Vernon Umetsu, DCD Associate Planner FROM. Gary Schulz, DCD Urban Environmentalist DATE. February 22, 1996 RE. Pearl Building - #E95-0033, Wetland Mitigation. During the SEPA review of the project's proposal to construct a new parking lot, a small wetland area was identified The wetland is dominated by emergent wetland vegetation, Agrostzs/Juncus species, and surrounded by Himalayan blackberry (Rubus discolor) Talasea Consultants have recently delineated the wetland area. The land survey of the boundary has determined the wetland size to be 4,480 square feet (0 1 acres) The wetland hydrology is surface water runoff that was impounded within an old fill area between existing buildings Most of the influencing surface water was likely a result of uncontrolled runoff from an adjacent building's rooftop connected with the project. The old fill material does not allow the water to freely dram and over time wetland conditions have formed The subject wetland is rated a Type 3 Because of small size and limited habitat, this wetland is considered to have very low functions Although not intentionally created, this area would be an artificial wetland The current Sensitive Areas Ordinance (SAO) does not provide a clear process to exempt wetlands that were unintentionally created by man -caused activities In accordance with the SAO, Type 3 wetlands may be filled if appropriate mitigation to replace area and function is planned. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 4313670 • Fax (206) 4313665 Pearl Wetland Mitigation Memo February 22, 1996 Page 2 The mitigation requirement of replacing wetland area at a 1.5 to 1 0 ratio cannot be achieved on the project property Therefore, because of the uniqueness of this situation combined with low wetland function, the City will consider accepting a wetland mitigation payment in lieu of creating a new wetland area prior to permitting this project. The City will use the mitigation payment to help create, enhance, or restore wetlands as soon as feasible as possible and preferably in 1996 The wetland payment was calculated to be $2,891 00 using $ 30/square foot for wetland vegetation and $ 3.50/cubic yard for excavating and hauling of 250 cubic yards of material. This payment amount will replace the wetland area, including 1 foot of excavation, at the 1.5 to 1 0 amount or 6,720 square feet.