AG 93-227 - QUADRANT AGREEMENT TO GRANT AN EASEMENT FOR
CONSTRUCTION AND MAINTENANCE OF STORMWATER DETENTION
FACILITIES AND TO ESTABLISH STORMWATER STANDARDS
APPLICABLE TO THE DEVELOPMENT OF
CERTAIN PROPERTY WITHIN THE CITY OF FEDERAL WAY
THIS AGREEMENT is entered into as of this 10th day of
August, 1993 by and between Quadrant Corporation, a Washington
corporation ("Quadrant") and the City of Federal Way,
Washington, a non-charter optional municipal code city
incorporated under the State of Washington (the "City") .
RECITALS
Quadrant and the City are parties to a Concomitant Zoning
Agreement, dated the 24th day of July, 1990, governing the
development of certain property owned by Quadrant (the "Quadrant
Property") within the City more fully described in Exhibit A.
Paragraph 2 (K) of the Concomitant Zoning Agreement requires
that the Quadrant Property be developed only after approval of a
Master Site Plan for the property by the City. A critical
element of that Master Site Plan is the provision of appropriate
water quality treatment, retention, and detention of stormwater
from the Quadrant Property.
The City has planned for stormwater detention facilities
that require the construction of two dams. The first (the
"Upper Dam") , is located generally to the north and west of
property owned by the Federal Way Little League, a Washington
non-profit corporation (the "Little League") . The second (the
"Lower Dam") , is located in the southeastern corner of the
Little League's property.
Paragraph 2 (F) of the Concomitant Zoning Agreement requires
Quadrant to grant a recreational easement (the "Recreational
Easement") to the City over a portion of its property. This
Agreement is not intended to modify Quadrant's obligations to
convey the Recreational Easement to the City or to obtain Master
Site Plan approval from the City before developing the Quadrant
Property as required by the Concomitant Zoning Agreement.
- 1 - ORIGINAL
Quadrant and the City wish to enter into an agreement that
will allow the City to address public stormwater issues and that
will provide the standards and criteria necessary for Quadrant
to complete the design of its stormwater treatment, retention,
and detention facilities serving the Quadrant Property in
conjunction and cooperation with the City.
Wf NOW, THEREFORE, Quadrant and the City agree as follows:
1. Grant of Easement for Construction and Operation of
L oca 't
the • pper Dam. Quadrant shall grant to the City an easement
9,61 providing for the construction, maintenance and operation of the GPV
City's planned stormwater detention facilities on a portion of
the Quadrant Property (the "Tlitsp4r Dam Easement") . Quadrant Lowe,'
shall use its best efforts to insure that this easement is
conveyed to the City in a timely manner to allow the City to
proceed with its construction as scheduled. Quadrant shall also
grant to the City a temporary access easement ( 'Construction and
Access Easement") over a portion of the Quadrant Property to
provide for the construction of the stormwater detention
facilities referred to in this paragraph and to provide access
across the Quadrant Property for construction vehicles. Upon
completion of its planning and land use permitting activities
for the Quadrant Property, Quadrant shall convey its interest in
the property subject to the Upper Dam Ease t to the City.
Lower CG
2 . Conveyance of Stormwater Detent on Facility to the
City. Quadrant is in the process of planning for a stormwater
retention and detention facility to serve the Quadrant Property
and some adjacent areas (some of which are owned by the City) .
That facility would be located adjacent to the Lower Dam on
property owned by the Little League. Upon completion of the
stormwater retention and detention facility, Quadrant's interest
in the property on which that stormwater retention and detention
facility is located and the facility shall be conveyed to the
City and the City shall undertake maintenance of that facility.
3 . Stormwater Detention Standards for Development of the
Quadrant Property. The City agrees that the stormwater design
standards attached as Exhibit B to this Agreement will govern
the development of the Quadrant Property at the time that the
City reviews a proposed Master Site Plan for the Quadrant
Property. To the extent that these standards require further
refinement and additional information, Quadrant and the City
agree to use their best efforts and to proceed administratively
in good faith to develop and to agree on final stormwater
detention standards for the Quadrant Property and to complete
that task within thirty (30) days from the date of this
Agreement.
- 2 -
4 . Overflow onto Adjacent Property. Conditioned upon
Quadrant obtaining appropriate authorization from the owners of
the property, the City shall allow the overflow of stormwater
from the Lower Dam onto adjacent property now owned by the
Little League during any storm event that results in run-off (5)
exceeding the design flow as described in paragraph -f-(a- of
Exhibit B. This obligation on the part of the City is subject
to Quadrant's obtaining the required permits and approvals for
this overflow, including the Department of Ecology dam safety
approval. Quadrant shall be solely responsible for the design
and construction of the overflow and the cost thereof.
5. Grant of Easement to the Federal Way Little League.
At Quadrant's request the City shall consent to the grant of an
access easement over the Recreation Easement area, to be granted
by Quadrant to the City pursuant to paragraph (2) (F) of the
Concomitant Zoning Agreement, for the benefit of the Little
League; provided, however, that this access easement shall in no
way interfere with, prevent full enjoyment of, or limit the
scope or purpose of the der Dam Easement.
46 Lower
6. Authority. The partieitrach represent and warrant
that they have full power and actual authority to enter into
this Agreement and to carry out all actions required of them by
this Agreement. All persons executing this Agreement in
representative capacities represent and warrant that they have
full power and authority to bind their respective corporations,
partnerships and/or marital communities.
7. Governing Law. This Agreement shall be interpreted
and enforced according to the substantive laws of the State of
Washington.
8. Consent to Jurisdiction and Venue. All parties shall
submit and not object to jurisdiction and venue in the King
County Superior Court, State of Washington, in connection with
any claims arising out of this Agreement.
9. Binding Effect, Assignability. This Agreement,
including the documents executed pursuant to the Exhibits
hereto, shall bind and inure to the benefit of the parties
hereto and their respective heirs, legatees, representatives,
receivers, trustees, successors, transferees and assigns.
10. Attorneys' Fees. In the event either party defaults
in the performance of any terms of this Agreement or either
party seeks enforcement of this action through legal
proceedings, each party shall pay its own attorneys' fees, costs
and expenses.
- 3 -
11. Cooperation in Execution of Documents. The parties
agree properly and promptly to execute and deliver any and all
additional documents that may be necessary to render this
Agreement legally and practically effective. This paragraph
shall not require the execution of any document that expands,
alters or in any way changes the terms of this Agreement.
12. Headings Not Controlling. The paragraph headings
included herein are for reference only and are not a part of
this Agreement. The headings shall not control or alter the
meaning of this Agreement as set forth in the text.
13. Incorporation of Exhibits. The Exhibits referred to
in this Agreement are incorporated herein by this reference as
if fully set forth here.
14. Waiver. A waiver of any provision of this Agreement
shall operate as a waiver only for the specific occasion as to
which the waiver is given, and the provisions of this Agreement
shall otherwise continue to be fully effective and operable as
to any other occasion or occasions.
15. Time of the Essence. Time is of the essence with
regard to this Agreement.
16. Entire Agreement. This Agreement constitutes the
entire agreement of the parties on these subjects. This
Agreement may not be modified, interpreted, amended, waived or
revoked orally, but only by a writing signed by all parties.
This Agreement supersedes and replaces all prior agreements,
discussions and representations on these subjects, all of which
are merged into, and superseded by, this Agreement. No party is
entering into this Agreement on reliance on any oral or written
promises, inducements, representations, understandings,
interpretations or agreements other than those contained in this
Agreement and the Exhibits hereto. This Agreement does not
modify or amend the Concomitant Zoning Agreement between
Quadrant and the City.
17. Full Understanding, Independent Legal Counsel. The
parties each acknowledge, represent and agree that they have
read this Agreement and the Exhibits attached; that they fully
understand the terms thereof; that they have been fully advised
by their legal counsel, accountants and other advisors with
respect thereto; and that they are executed by them upon the
advice and recommendation of their independent legal counsel.
- 4 -
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed as of the date first above mentioned.
THE QUADRANT CORPORATION
BY: �A�o - _ Lr0e 0R?!
Walter P. Costello
Its: Senior Vice President
CITY OF FEDERAL WAY
, ile
J. :re t cFa
Its: ity Manager
ATTES 'UTHENTICATED
BY: '//._,.
- r-en M. Swaney
! ty Clerk
i
1
Carolyn A. Lake
City Attorney
318270
- 5 -
EXHIBIT A T
TO THE
AGREEMENT TO GRANT AN EASEMENT FOR CONSTRUCT ON
- AND MAINTENANCE OF STORMWNTER DETENTION FACILITIES AND
AND TO ESTABLISH STORMWATER STANDARDS APPLICABLE TO THE DEVELOPMENT
OF CERTAIN PROPERTY WITHIN THE CITY OF FEDERAL WAY
THE LAND REFERRED TO . IS SITUATED IN THE
STATE OF WASHINGTON, COUNT'. OF KING AND IS DESCRIBED AS
FOLLOWS:
TEAT PORTION OF THE EAST ONE-HALF OF SECTION 19, TOWNSHIP 21
NORTH, RANGE 4 EAST, W.M. , iN KING COUNTY, WASHINGTON, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT TEE EAST ONE-QUARTER OF SAID SECTION 19;
THENCE NORTH 87'58 '05" EST 1166•.05 FEET TO A POINT ON THE
NORTHERLY MARGIN OF TEE LANDS D£SL.RI3ED IN DEED RECORDED
UNDER RECORDING NUMBER 8501170665, RECORDS OF SAID COUNTY,
AND THE TRUE POINT OF BEGINNING;
THENCE SOUTH 81.45 '00" EAST 1052.64 FEET TO THE BEGINNING OF
A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 30.00
FEET:
THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY 44 .67 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85'18 '25" TO A
POINT OF CUSP WITH THE WESTERLY MARGIN OF FIRST_WAY SOUTH
(FIRST AVENUE SOUTH) AS DESCRIBED IN DEED RECORDED UNDER
RECORDING NO. 7306070524, RECORDS OF SAID COUNTY, SAID POINT
OF CUSP BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
TO THE EAST HAVING A RADIUS OF 850.00 FEET (A RADIAL LINE
THROUGH SAID BEGINNING BEARS NORTH 77'03'25" WEST) ;
THENCE SOUTHERLY 110.67 FEET ALONG -SAID CURVE AND SAID
WESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 07'27'35" TO A
RADIAL LINE OF SAID CURVE WHICH BEARS NORTH 84'31'00" WEST:
THENCE CONTINUING ALONG SAID WESTERLY MARGIN ALONG SAID
RADIAL LINE SOUTH 84'31'00" EAST 8.00 FEET TO THE BEGINNING
OF A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS
OF 842.00 FEET; • •
THENCE SOUTHERLY AND SOUTHEASTERLY 227.54 FEET ALONG SAID
CURVE AND SAID WESTERLY MARGIN THROUGH A CENTRAL ANGLE OF
15'29 '00" ;
THENCE CONTINUING SOUTH 10'00'00" EAST 115.00 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF
958.00 FEET;
THENCE SOUTHERLY 186.42 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 11'08'55";
THENCE CONTINUING SOUTH 01'08'58" WEST 528.03 FEET TO SAID
NORTHERLY MARGIN AND THE BEGINNING OF A CURVE CONCAVE TO
THE NORTHWEST HAVING A RADIUS OF 25.00 FEET:
THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY 39.26 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89'58' 37";
Exhibit A, p.1 of 2
T
THENCE CONTINUING ALONG SAID NORTHERLY MARGIN NORTH
88'52 '25" WEST 83.03 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE.NORTHEAST HAVING A RADIUS OF 358.00 FEET;
THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY 513.92 FEET
ALONG SAID CURVE AND SAID NORTHERLY MARGIN THROUGH A CENTRAL
ANGLE OF 82.15'00";
THENCE NORTH 6.37'25" WEST 386.46 ET:10 THE BEGINNING OF A
CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 702.00
FEET;
•
THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY 920.47 FEET
ALONG SAID CURVE AND SAID NORTHERLY MARGIN THROUGH A CENTRAL
ANGLE OF 75'07'35" TO THE TRUE POINT OF BEGINNING;
•
BEING KNOWN AS THAT PORTION OF LOTS 3 , 4 AND 5, BLOCK 5,
LAKEWOOD, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME
16 OF PLATS, PAGE 35, RECORDS OF KING COUNTY, WASHINGTON,
• LYING NORTHEASTERLY OF THE NORTHWESTERLY MARGIN OF S.W.
CAMPUS DRIVE:
AND THAT PORTION OF BLOCKS 6, 12, 18 AND 24 OF SAID PLAT OF
LAKEWOOD AND STREETS BETWEEN SAID BLOCK VACATED BY KING
COUNTY ORDINANCE NO. 3465, RECORDED UNDER RECORDING NO.
7711070558 AND AS VACATED BY ICING COUNTY ORDINANCE NO. 7692, .
APPROVED JULY 18, 1986, LYING NORTHERLY, NORTHEASTERLY AND
EASTERLY OF THE WEST MARGIN OF SOUTHWEST CAMPUS DRIVE, AND
WESTERLY OE THE WEST MARGIN OF 1ST AVENUE S.W.
SITUATE IN THE COUNTY OF ICING, STATE OF WASHINGTON.
•
•
Exhibit A, p.2 of 2
1
EXHIBIT B
STORM WATER DESIGN STANDARDS FOR THE QUADRANT
SHOPPING CENTER PROPERTY
1. THE QUADRANT PROPERTY: The Quadrant Property is described in
Exhibit A. When the Quadrant Property is referenced in this
exhibit with respect to storm water analysis purposes it is
understood that it refers to storm water flows from a drainage
basin of approximately 25 acres, which includes drainage from
some offsite areas as well as from onsite the actual property.
2. OFFSITE POND: The Offsite Pond is generally located as shown in
Exhibit 1 . The Lower Dam as currently designed and permitted
accommodates a tributary area of approximately 85 acres to the
design of the Offsite Pond. This includes approximately 80 acres of
tributary area together with approximately 5 acres for the pond
itself. Approximately 17 additional acres of the 127 acre basin is
the area of the Little League ball fields. Detention for this area is
accommodated by the Lower Dam and therefore is not required to
be included in the volume of the Offsite Pond. The design of this
pond may be a single cell pond.
3. 127 ACRE BASIN: This is the drainage basin at which the existing
culverts under Southwest Campus Drive on the Quadrant Property
is the southerly-most point. It is comprised of approximately 25
acres of basin area attributed to the Quadrant Property,
approximately 102 acres of various areas north, northeast, and
northwest of the Quadrant Property, including approximately 17
acres of which is the Little League ball fields and 5 acres of which
is the Offsite Pond.
4. DESIGN STANDARD: The storm water design standard for the
Quadrant Property is the 1990 King County Surface Water Design
Manual, and any future revisions as they may be adopted by the
City of Federal Way, prior to approval by the City of Federal Way
of the design of the Offsite Pond and/or the stormwater system
for the Quadrant Property.
5. HSPF: The design of the Offsite Pond and Quadrant Property will
be performed with the runoff model Hydrologic Simulation
Program-Fortran (HSPF) and the historical storms (50 year storm
with the second 50 year storm magnified to simulate 100-year
Exhibit B, p.1 of 4
conditions) used to size the improvements to the Panther Lake
Flood Control Facility. The City of Federal way recognizes that this
criteria is consistent with the requirements of the 1990 King
County Surface Water Design Manual. Quadrant agrees to use this
criteria, as required by the City of Federal Way, to be consistent
with the design methodology used in the design of the Panther
Lake Flood Control Facility.
6. STORM WATER OFFSET: The Offsite Pond may be designed to
maximize compensatory storage of storm water detention volumes
offset from the Quadrant Property to the extent that the
developed peak flow from the entire 127 Acre Basin at the 10015-0.,
year storm events will be less than or equal to the peak pre- 7ir
developed flow. It is recognized that offsetting compensatory
storage from the Quadrant Property to the Offsite Pond may be
limited by the height of the Lower Dam as it is currently designed
or modified as described in Items 12.B., 12.C., and 12.D. herein.
7. TIGHTLINE DITCH: The existing open ditch on the Quadrant
Property may be replaced by a tightline pipe, sized in accordance
with the design standard in Item No. 4 herein, to convey water
from the existing and/or new outfall pipes from the Panther Lake
Regional Facility and the Offsite Pond to the outfall under
Southwest Campus Drive.
8. WATER QUALITY TREATMENT: Water quality treatment for the
Quadrant Property will only be required for stormwater from the
parking lot areas and other paved areas on the site.
9. OFFSITE WATER QUALITY TREATMENT FACILITY: Water quality
treatment of storm water from the Quadrant Property may be
allowed off-site, such as on the west side of Southwest Campus
Drive, with appropriate easements obtained by Quadrant, and that
such facilities can be constructed in a manner consistent with City
of Federal Way design standards.
10. ROOFTOP DRAINAGE: Rooftop drainage from buildings on the
Quadrant Property will be allowed to discharge without passing
through a water quality treatment facility. Detention for rooftop
drainage shall be accommodated in the evaluation of the entire
127 acre basin stormwater analysis.
11. S.W. CAMPUS DRIVE STORM WATER: Stormwater from a portion of
Southwest Campus Drive will not require water quality treatment
Exhibit B, p.2 of 4
because its location near the existing outfall under Southwest
Campus Drive prevents the location of any type of water quality
treatment facility. The flows from this portion of Southwest
Campus Drive currently flows into the detention facility currently
on the Quadrant Property as created under R.I.D. #91.
12. STORM WATER CRITERIA: To define in more detail actual storm
water design criteria and volumes for the Quadrant Property, the
following evaluations and detailed design calculations are being
developed by Brown & Caldwell Consultants at Quadrants request
and cost:
A. Convert storm water data for the Quadrant Property from SCS
Type 1A storms and the Santa Barbara Unit Hydrograph Model to
the runoff model Hydrologic Simulation Program-Fortran (HSPF)
and the historical storms (50 year storm with the second 50 year
storm magnified to simulate 100-year conditions) used to size the
improvements to the Panther Lake Flood Control Facility to be
consistent with the design methodology used in the design of the
Panther Lake Flood Control Facility. This will provide a numerical
basis for defining agreed upon storm water volume detention and
release criteria on the Quadrant Property.
B. Evaluate the ability of the Lower Dam in the Panther Lake
Regional Facility as currently designed and permitted to
accommodate detention volumes from the Offsite Pond in
including any additional volumes that may be offset from the
Quadrant Property. The City of Federal Way has represented to
The Quadrant Corporation that the current design of the Lower
Dam anticipates and includes volumes for storms exceeding the 50
year recurrence interval, as described in Paragraph 5 herein, for
approximately 85 acres of the 127 Acre Basin, but does not
include storage for the approximately 25 acres of drainage basin
for the Quadrant Property.
C If the Lower Dam in the Panther Lake Flood Control Facility needs
to be modified to accommodate detention volumes offset from the
Quadrant Property, which combined with the other stormwater
detained in the Offsite Pond will spill over onto the Little League
Ball Fields for storms exceeding the 50 year recurrence interval,
as described in Paragraph 5 herein, the City will use its best
efforts to ensure that any modifications will be coordinated with
DOE Dam Safety Section in a timely manner, included as part of
any other permits issued by the City of Federal Way or other
Exhibit B, p.3 of 4
regulatory agencies as may be required, and to the extent possible
included with the construction of the Lower Dam. The results of
the efforts to make modifications to the Lower Dam, if required,
will contribute to determining the amount of detention volume
that Quadrant may include in the offsite pond by maximizing
compensatory storage of storm water detention volumes offset
from the Quadrant Property, and also to determining the
necessary offsite pond easement area that needs to be acquired
by Quadrant from the Little League. Quadrant will pay for any
permitting, design and construction costs associated with any
modifications to the Lower Dam, if required.
D. Compute the maximum size and location of the Offsite Pond to be
located on the Little League property, including storm water
volumes offset from the Quadrant Property.
13. The City of Federal Way will inform Quadrant, in a timely manner,
of any design requirements or restrictions that may apply to the
design of, or the use of, the Quadrant Property as a result of the
Emergency Spillway to be located on the Lower Dam north of the
Quadrant Property.
Exhibit B, p.4 of 4
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LOCATION MAP
EXHIBIT 1 of Exhibit B, p.1 of 1
a
1 1 G
QUADRAN'1 LETA OF TRANSMITTAL
A Weyerhaeuser Company
Quadrant Plaza,Suite 500
N.E.8th at 112th September 10, 1993
P.O.Box 130
Bellevue,Washington 98009 RE: Panther Lake
Tel (206)455-2900 Flood Control
Fax (206)646-8300
Facility Agreement
and Easement
TO: RECEIVED
Cary Roe
City of Federal Way Public Works SEP 1 3 1993
Department
33530 First Way South WY Of FEDERAL WAY
SURFACE WATER RENT
Federal Way, WA 98003
We are sending you: X Attached Under separate cover
COPIES DATE DESCRIPTION
01 Executed Original of Agreement to Grant an Easement
01 Executed Original of Easement for Drainage Facilities
THESE ARE TRANSMITTED as checked below:
CFor your approval
For your information
For your file
As requested
X For review and signatures
REMARKS
Please sign, date,notarize and initial as indicated and return a copy of the fully executed and notarized
documents, as appropriate to me.
SIGNED: ' .
'andy f' in
Senior i evelopment Manager
COPY TO: