18E.10.140 – Appendix B Title and Plat Notification/Plat Notes
A. Notice for Title Notification. (EXAMPLE: WETLAND AND/OR WETLAND BUFFER NOTICE)
Tax Parcel Number:
Address:
Legal Description:
Present Owner:
NOTICE: This property contains (example: wetlands or wetland buffers) as defined by Title 18E, Pierce County Code. The site was the subject of a development proposal for application number ____________ filed on _________(date). Restrictions on use or alteration of the site may exist due to natural conditions of the property and resulting regulations. Review of such application has provided information on the location of the (example: wetland or wetland buffers) and any restriction on use.
_______________________ _____________________
Date Signature of owner
Notary acknowledgment and notary seal
B. Additional Title Notification Statements.
1. Title notification for liquefaction and dynamic settlement hazard areas shall include a statement of the performance criteria (i.e., protection of life safety only, provision for minimal structural damage so that post-earthquake functionality is substantially unchanged, no structural damage for the design earthquake).
2. Title notification for fault rupture hazard areas shall include a statement that a fault rupture hazard area or associated buffer exists on the site. The title notification shall include a site plan of the subject property with the fault rupture hazard area and associated buffer identified.
3. Properties that contain flood hazard areas shall include the following statement: "Flood Elevation Certificates are kept on file at the Department of Planning and Public Works."
4. Properties that have used a portion or the total of the "substantial development or substantial improvement" value shall include the following statement: "This property is regulated by the Flood Hazard Chapter (Chapter 18E.70 PCC). Development on this property has used a portion or the total of the value allotted for "substantial improvement" or "substantial development" of the property. To verify what is remaining to be used, the records are kept electronically on file at the Pierce County Department of Planning and Public Works."
C. Notice for Plat Notification/Plat Notes.
1. General. The following notice shall be placed on the face of the final plat, short plat, large lot, or binding site plan documents when said subdivision contains critical areas or critical area buffers:
Notice: This site lies within a (example: landslide hazard area) as defined in Title 18E Pierce County Code. Restrictions on use or alteration of the site may exist due to natural conditions of the site and resulting regulation.
2. Native/Natural Vegetation Preservation Areas. The following notice shall be placed on the face of the final plat, short plat, large lot, or binding site plan documents when said subdivision contains critical areas or critical area buffers and when said critical areas or critical area buffers have been identified as native/natural vegetation preservation areas.
Notice: "The Critical Areas (e.g., Oregon White Oak Preservation Areas) appearing on this (final site plan/ preliminary plat/final plat/short plat/large lot/engineering drawing) contain areas of natural/ native vegetation intended to buffer the Critical Area from the adverse effects of development. These Critical Areas (e.g,. Oregon White Oak Preservation Areas) shall remain and be maintained in a natural, undeveloped, open space state. There shall be no clearing, grading, filling, or construction within the Critical Areas (e.g., Oregon White Oak Preservation Areas), except as shown on plans or documents approved by Pierce County and contained in the official files for this development. Each Critical Area (e.g., Oregon White Oak Preservation Area) shall remain undisturbed except for periodic watering and hand weeding of plants designated as noxious by the State of Washington."
3. Plat Notes for the Puyallup, Carbon, Nisqually, Greenwater, and White Rivers and Creeks. The following notes shall be placed on the face of any of final plat, short plat, large lot, or binding site plan (includes commercial, industrial, multi-family and single family residential) documents which lies within a flood hazard area adjacent to the rivers or creeks:
The owner, their heirs, successors and assigns grant to Pierce County, its officers, employees, agents, successors, assigns, contractors, a perpetual easement with a right of immediate entry and continued access over, under, and across the easement and/or the floodplain land area adjoining the ______River or Creek, as an unobstructed ingress and egress to access the ____ River or Creek and associated flood control levee and/or bank protection revetment facility as shown on the plat. The purpose of this easement shall also be for the following purposes:
a. Ingress and egress;
b. Trucking and hauling of rock, other material, equipment, and crews to the river, river bank (including the top of bank, channel side slope, channel toe, and bottom), floodplain (including the floodway and flood fringe);
c. Performing work related to riverbank protection, channel construction, development/rehabilitation, and river systems maintenance;
d. Levee, dike, and/or revetment construction, relocation, and maintenance as required by Pierce County;
e. Constructing, maintaining, and/or repairing the river including top of bank, river channel side slopes, channel toe, channel bottom, embankment side slopes (including embankment side slopes that extend beyond the easement width);
f. Together with the right of Pierce County to remove gravel or natural/foreign debris from the river system, manage vegetation, grading, and other such work required to maintain and/or stabilize the river system and its appurtenance in and adjacent to the subject floodplain area described hereon the Plat of _________; and
g. This easement and stated conditions shall be enforceable in law or equity against any person or persons violating or attempting to violate this covenant either to restrain violation or to recover any cost or damages or otherwise enforce this easement and/or covenant. If Pierce County is required to bring action to recover any costs, or otherwise enforce this agreement and covenant, Pierce County will be entitled to recover reasonable attorney fees and interest of 12 percent per annum. Said interest to run from the date work was performed by Pierce County.
4. Plat Notes for Flood Hazard Areas. The following notes shall be placed on the face of any of final plat, short plat, large lot, or binding site plan (includes commercial, industrial, multi-family and single family residential) documents which lie within a flood hazard area:
a. Grading, clearing, and/or filling within the limits of the 100-year floodplain is regulated per Chapter 18E.70 PCC, Flood Hazard Areas.
b. The property relating to this subject final plat, short plat, large lot, or binding site plan lies within a flood hazard area. This means that flood events may and can occur that cause serious personal or bodily injury, including death, and damage to or loss of property.
c. The owner on his behalf and on behalf of his/her heirs, successors and assigns hereby waives any right to assert any claim against Pierce County for any loss, or damage to people or property either on or off the property site resulting from flooding except only for such losses that may directly result from the sole negligence of the County.