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HomeMy WebLinkAbout49561 ORDINANCE NO. 4 9 5 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE CITY 4 AND ROGER AND MARGARET ANN THORDARSON. 5 6 WHEREAS, Roger and Margaret Ann Thordarson are the owners 7 of property within the City of Auburn's Potential Annexation 8 Area; and 9 WHEREAS, Roger and Margaret Ann Thordarson are applying 10 ]] to King County for a Preliminary Plat; and 12 WHEREAS, Application No. WSC0020-96 has been submitted to the City of Auburn, Washington, on April 19, 1996 requesting ]4 water availability certificates; and 15 WHEREAS, City of Auburn Comprehensive Plan Policy CE-3 17 requires, as a condition of extending water and/or sewer 18 service, a legally binding agreement to support annexation to ]9 the City at such time as the City deems appropriate, and 20 agreement to comply with appropriate City development 21 standards and public facility specifications; and 22 23 WHEREAS, RCW 36.70B.170 defines such an agreement as a 24 development agreement; and 25 26 Ordinance No. 4956 March 31, 1997 Page 1 1 WHEREAS, RCW 36.70B.200 requires approval of development 2 agreements only after a City has held a public hearing; and WHEREAS, the City of Auburn City Council has designated 4 5 the Planning and Community Development Committee as the 6 appropriate body to hold these public hearings; and WHEREAS, after proper notice published in' the City's 8 official newspaper at least ten (10) days prior to the date of 9 the public hearing, the Planning and Community Development 10 ]] Committee at a public meeting held on March 24, 1997, 12 conducted a public hearing on the application; and 13 WHEREAS, at the hearing, the Planning and Community ]4 Development Committee heard public testimony and took evidence 15 16 and exhibits into consideration of the application; and ]7 WHEREAS, thereafter the Planning and Community 18 Development Committee voted to recommend to the City Council ]9 that they approve, based upon the Findings of Fact contained 20 herein, the development agreement which will enable the 22 issuance of water and/or sewer availability certificates. 24 25 Ordinance No. 4956 March 31, 1997 Page 2 1 FINDTNGS OF FACT 3 1. Water service is available at the property. The Public Works Department has determined that water service can be 4 made available to the property. 2. The proposal is consistent with City development 6 standards. Staff has determined that in general, the 7 proposal meets City Development standards. The City is concerned about the potential for erosion Of the steep 8 bluff and sliding onto the City owned property at the base. The development agreement includes provisions to 9 minimize the likelihood of this occurring. 10 3. The proposal is consistent with the City Comprehensive ]] Plan. Comprehensive Plan Designation in the area is for Single Family Residential Development. 12 13 4. The property can not be annexed immediately. The property, though adjacent to the City limits, is isolated 14 by steep bluffs. It is approximately 2.5 miles to the City limits by road. 15 ]6 For each of the above reasons, the recommendation of the ]7 Planning and Community Development Committee to the Auburn 18 19 City Council on the signing of a development agreement and the 20 issuance of water and/or sewer certificates is approved. 21 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 22 WASHINGTON, DO ORDAIN AS FOLLOWS: 23 Section 1. The above cited Findings and Conclusions are 24 25 herewith approved and incorporated in this Ordinance. 26 Ordinance No. 4956 March 31, 1997 Page 3 1 Section .2. The Mayor and City Clerk of the City of 2 Auburn, Washington, are hereby authorized to execute the 3 4 Development Agreement between the City and ROGER and MARY ANN 5 THORDARSON. A copy of said Agreement is attached hereto as 6 Exhibit "A" and incorporated herein by reference. 7 Sect.ion 3. The Mayor is hereby authorized 'to implement 8 such administrative procedures as may be necessary to carry 9 out the directires of this legislation. 10 ]] Section 4. This Ordinance shall take effect and be in 12 force five (5) days from and after its passage, approval and 13 publication, as provided by law. 14 16 INTRODUCED: 18 APPROVED: 19 21 CHARLES A. BOOTH 22 MAYOR 23 24 25 26 Ordinance No. 4956 March 31, 1997 Page 4 i ATTEST: 2 3 5 Robin Wohlhueter, City Clerk 6 7 8 APPROVED AS TO FORM: 9 ll 12 Michael J. Reynolds, 13 City Attorney 14 15 Published: 19 20 22 23 24 26 Ordinance No. 49S6 March 31, 1997 Page 5 RETURN ADDRESS BASELINE ENGINEERING, INC. ,... 1910-64TH AVE. W. TACOMA, WA 98466 PARCEL #'S 05:~ 105-9033-07 & 05~105-9089-00 SECTION/TOWNSHIP/RANGE: 5-:}1-5 ADDITIONAL LEGAL DESCRIPTIONS FOUND ON PAGE: WSC00.~>0-96 PETITION FOR ANNEXATION. ANNEXATION AGREEMENT AND DECLARATION OF COVENANT The Agreement executed herein between the City of Auburn, Washington, a municipal corporation, hereinafter referred to as "CITY" and Roger R. Thordarson, Margaret Ann Thordarson, and River Rim LLC and the heirs, assigns, and/or successors in interest of certain property, hereinafter referred to as "OWNERS", is for and in consideration of the furnishing of utility service by the CITY to certain property of the OWNERS hereinafter referred to as "PROPERTY". The OWNERS do hereby petition for annexation of the PROPERTY to the CITY, do hereby agree to the conditions of annexation herein, and do hereby declare this covenant. 1. ACKNOWLEDGEMENTS AND REPRESENTATIONS The OWNERS do hereby acknowledge and agree as follows: 1.1. The OWNERS are the owners of certain PROPERTY which is located outside the corporate limits of the CITY. 1.2. The OWNERS are seeking Preliminary Plat approval from King County for the PROPERTY. 1.3. The OWNERS have requested the CITY to furnish water services to the PROPERTY. 1.4. This Agreement to extend water services outside the corporate limits of the CITY is authorized by RCW 35.67.310 and RCW 35.92.170 and shall not be construed as a voluntary agreement pursuant to RCW 82,02,020 and therefore the provisions of RCW 82,02.020 shall not be applied hereto. 1.5, This Agreement does not preclude any evaluation and determination by the CITY that later development actions or proposals undertaken by the OWNERS may require a determination of significance and environmental review under SEPA. 1.6. The CITY'S Comprehensive Plan requires annexation or a commitment to future annexation and compliance with certain other conditions as a prerequisite for the extension of utility service outside the corporate limits of the CITY. 1.7. A City's requirement of an annexation agreement or a commitment to future annexation as a condition of extending utility service outside the corporate limits of the CITY is recognized by Washington law. 1.8. Extension of utility services beyond CITY limits is subject to the authority of the King County Boundary Review Board, and said Board requires that such extensions be conditioned on annexation or efforts toward annexation. 1.9. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION AREA or URBAN SERVICE AREA for annexation purposes as adopted by the CITY in its Comprehensive Plan pursuant to the King County and Pierce County Countywide Planning Policies. 1.10. It is in the interest of the citizens of the CITY to insure that all public improvements which are or could be constructed within the corporate limits of the CITY or will be ultimately annexed into the CITY are constructed in accordance with CITY construction standards. 1.1 1. The OWNERS' request for the extension of utility services was duly considered by the CITY, and it was determined that the furnishing of water services to the PROPERTY would be proper upon the fulfilling of all conditions herein. 1.12. The OWNERS do hereby acknowledge that in the event of violation or breach of the terms of this PETITION, AGREEMENT AND COVENANT, or upon the invalidation of this PETITION, AGREEMENT AND COVENANT by judicial action, operation of law or otherwise, the CITY reserves the right at its sole discretion to immediately terminate the provision of utility service to the PROPERTY and in such case the Owner agrees to indemnify and hold the CITY harmless from any and all claims of any party. 2. PROPERTY DESCRIPTION The PROPERTY is hereby described as follows: 108 Avenue SE and SE 290th Street The PROPERTY is legally described in Attachment A, attached. hereto and represented by reference as if set forth in full. The OWNERS warrant that Attachment A is correct as fully describing subject PROPERTY. 3. PETITION AND COVENANT FOR ANNEXATION The OWNERS, in consideration of the CITY'S agreement to provide utility service to the PROPERTY, do hereby petition, agree and covenant as follows: 3.1. The OWNERS do hereby petition for annexation of the PROPERTY to the CITY and thereby agree, promise and covenant that if at any time the PROPERTY is included within any area which is being considered for annexation to the CITY, said OWNERS do join in said annexation and by this PETITION do provide this NOTICE OF INTENT TO ANNEX and that the petition referred to herein is irrevocable. 3.2. The OWNERS agree to execute all necessary documents such as letters, notices, petitions or other instruments initiating, furthering or accomplishing the annexation of the PROPERTY to the CITY, whether or not the annexation involves the assumption by the area to be annexed of existing CITY indebtedness, the application to the area to be annexed of the CITY Comprehensive Plan and land use controls, and such other conditions as the CITY may lawfully impose. The OWNERS, for him/her/themselves and for his/her/their heirs, successors and assigns, agree{s) and covenants with the CITY, and to the present and future owners of the PROPERTY to which this covenant relates, that such agreement is to constitute a covenant running with the land, that he/she/they shall, whenever so requested, execute such letters, notices, petitions or other instruments. Owner agrees to record this document and specifically advise future interests in the property. 3.3. The OWNERS recognize that the laws of the State of Washington relating to the annexation of property by a city provides that property may be annexed to a city if property owners, equal to sixty percent of the assessed value of property within the area proposed to be annexed, sign a petition for such an annexation. The OWNERS recognize and agree that by signing this Agreement, the PROPERTY of the OWNERS will automatically be included as a property to be annexed in the event the PROPERTY is within a proposed annexation area. 3.3.1 The OWNERS further recognize that other methods of annexation are allowed under the laws of the State of Washington, including the election method. 3.4. The OWNERS understand that the OWNERS' signatures on this Agreement is an admission that the OWNERS understand the certain rights which the OWNERS have regarding the PROPERTY and that the OWNERS are willingly waiving such rights in consideration of receiving the described utility services. 3.5. The OWNERS understand and agree that upon annexation by the CITY, the PROPERTY annexed shall be assessed and taxed at the same rate and on the same basis as property within the CITY is assessed and taxed to pay for any then outstanding indebtedness of the CITY which was contracted prior to, or existing at, the date of annexation. 3.6 The undersigned OWNERS of the PROPERTY, on behalf of himself/herself/themselves, his/her/their heirs, successors and assigns, hereby designate(s) the CITY as OWNERS' true and lawful attorney-in-fact for the purpose of signing any petition leading to the annexation of said PROPERTY to the CITY, with full power to do and perform any proper act which the OWNERS may do with respect to the annexation of said real property. The CITY may exercise this power through its City Clerk or otherwise as the CITY COUNCIL may direct: This Special Power of Attorney is given for the valuable consideration of the furnishing of water and/or sewer service by the CITY, and this Special Power of Attorney is further given as security for performance of the annexation covenant obligation set forth herein. This Special Power of Attorney is not revocable and shall not be affected by the disability of the principal. 3.7 The OWNERS agree on his/her/their behalf and on behalf of his/her/their heirs, successors and assigns that the OWNERS will not protest the future formation of any local improvement district for any or all of the following: domestic water, sewer service, streets, street lighting and storm water facilities, including regional detention and water quality facilities, for any district which includes the PROPERTY affected by this agreement. 4. AGREEMENT AND COVENANT OF CONDITIONS AND MITIGATION MEASURES The OWNERS, in consideration of the CITY'S agreement to provide water utility services to the PROPERTY, and in recognition of the CITY's conditions for annexation of the PROPERTY, do hereby agree and covenant as follows: 4.1. Storm Detention OWNER shall tightline the discharge from the detention pond to the base of the slope located near the western boundary of the property. Design of the tightline shall include provisions for adequate energy dissipation and shall be approved by the City Engineer. OWNER shall provide for emergency overflow from the detention pond consisting of an exfiltration system installed parallel to and adjacent to the building setback as defined in the Geotechnical Report For the Proposed River Rim Subdivision, Auburn WA (Report #96004-001) by Spears Engineering and Technical Services. The design of this provision or an equivalent method of overflow protection shall be approved by the City Engineer. 5. GENERAL PROVISIONS The OWNERS and the CITY do hereby acknowledge and agree to the following provisions which apply to the entire Agreement herein. 5.1. The OWNERS agree that all future land use and development on the PROPERTY will meet all land use and development standards of the CITY. In the event of a conflict between CITY standards and any applicable County standards, the more restrictive standards as determined by the CITY shall apply. 5.2. Nothing in this agreement shall be construed to create any financial obligation on the part of the CITY with regard to annexation, construction of utility facilities and appurtenances, or any other matter. The OWNERS and the CITY hereby acknowledge that it is the OWNERS' responsibility to finance the design and construction of utility facilities needed to serve OWNERS' property consistent with CITY plans and specifications, unless otherwise agreed by the CITY. 5.3. The OWNERS agree to allow CITY, at CITY'S option, plan review and approval prior to construction, and CITY inspection during construction of all public improvements as they are built, regardless of the ownership of such improvements, and shall reimburse the CITY for any reasonable costs incurred in such plan review and inspection. 5.4. No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 5.5. If for any reason of any default or breach on the part of either the OWNERS or the CITY in the performance of any of the provisions of this Agreement a legal action is instituted, the party not prevailing agrees to pay all reasonable costs and attorney fees and costs in connection therewith. It is hereby agreed that the venue of any legal action brought under the terms of this Agreement shall be King County, Washington. This Agreement shall be governed by the applicable laws, rules, and regulations of the State of Washington and the CITY. 5.6. The terms and provisions of this PETITION, AGREEMENT AND COVENANT shall inure to the benefit and become binding upon the heirs, assigns and/or successors in interest of the parties hereto. The OWNERS agree to indemnify and hold the CITY harmless from any claims any subsequent purchaser may have as a result of this Agreement, including CITY's attorney fees and COstS. 5.7. Any notice or demand required or permitted to be given under this Agreement shall be sufficient if given in writing and sent by registered or certified mail, return receipt requested, to the address of the parties set forth below. Any notice shall be deemed to have been given on the date it is deposited in the U.S. Postal Service mail with postage prepaid. 5.7.1 The OWNERS warrant that the OWNERS will undertake, and be responsible for, all notifications, including recording, to all parties of interest and future parties of interest. 5.8. In the event that any term, provision, condition, clause or other portion of this Agreement be held to be inoperative, invalid, void, or in conflict with applicable provision, condition, clause or other portion of this Agreement, and the remainder of this Agreement shall be effective as if such term, provision, condition or other portion had not been contained herein, and to this end, the terms of this Agreement are declared by the parties to be severable. 5.9. Upon execution, this Agreement shall be recorded with the King County Auditor's office. The OWNERS shall be responsible for recording and shall provide evidence of such recording to the CITY. IN WITNESS WHEREOF, the OWNERS and the CITY hereto have executed this Agreement as of this day of ~ CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: Robin Wohlhueter, City Clerk '~ '~ R , ,ED S T FORM: ~Reynolds, City Attorney OWNERS: ~,~ar;~aret Ann Thordarson ' ' River Rim LLC BY REPRESENTATIVE: ~--j~.;vli~~ TITLE: Managing Partner STATE OF WASHINGTON ) ) SS COUNTY OF KING ) the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared CHARLES A. BOOTH and ROBIN WOHLHUETER, to me known as the Mayor and City Clerk, for the City of Auburn, the corporation who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said City of Auburn, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. ~ ' "" ' ' NOTARY PUBLIC in and for the State ~"i~';::~/~'CH 9 ~?:'~ of Washington, residing at Pierce County · , ......:...' STATE OF WASHINGTON ) ) ss COUNTY OF KING /~/ ) the undersigned, a Notary Public in and for the State of V~ ashington, duly commissioned and sworn, personally appeared Roger R. Thordarson, Margaret Ann Thordarson, and River Rim LLC, the OWNERS that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said OWNERS, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument on behalf of said OWNERS. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. JD:~:: .E DENISE DURALL STATE OF WASHINGTON (Printed Name) NOTARY -- · - - PUBLIC 'MyCommjssjon~~ NOTARY PUBLIC in and for the S:~ ~. (l~ / [ L(-0 of Washington, residing at MY coM ssDN EXPIRES: ATTACHMENT A LEGAL DESCRIPTION: Parcel 'A': (:~ THE NORTH 1/2 OF GOVERNMENT LOT 3 OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, C) W.M., ~) EXCEPT THE EAST 300 FEET THEREOF; (~) Parcel 'B': ~ THE WEST 135 FEET OF THE EAST 300 FEET OF THE NORTH HALF OF GOVERNMENT LOT 3, IN (~ SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.