Loading...
HomeMy WebLinkAbout5508ORDINANCE NO.5 5 0 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE CITY AND RONALD AND SUSAN SEVERSON WHEREAS, RONALD AND SUSAN SEVERSON, is the owner of property to be developed at 124T" AVENUE SE to SE 304T" STREET within the City of Auburn's Potential Annexation Area; and WHEREAS, RONALD AND SUSAN SEVERSON, is applying to King County for a development agreement; and WHEREAS, Application No. WS000-0007 was submitted to the City of Auburn, Washington, on May 9, 2000, requesting water sewer availability certificates; and WHEREAS, City of Auburn Comprehensive Plan Policy CE-3 requires, as a condition of obtaining water and/or sewer service outside the, a legally binding agreement to support annexation to the. City at such time a City limits of Auburn the City deems annexation appropriate and to comply with appropriate City development standards and public facility specifications; and WHEREAS, RCW 36.70B.170 defines such an agreement as a development agreement; and --------------------- Ordinance No. 5508 February 2, 2001 Pagel WHEREAS, RCW 36.706.200 requires approval of development agreements only after a City has held a public hearing; and WHEREAS, the City of Auburn City Council has designated the Planning and Community Development Committee as the appropriate body to hold required public hearings; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of the public hearing, the Planning and Community Development Committee at a public meeting held on January 22, 2000, conducted a public hearing on RONALD AND SUSAN SEVERSON, application; and WHEREAS, at the hearing the Planning and Community Development Committee in considering the application heard public testimony and accepted evidence and exhibits regarding the development; and WHEREAS, RONALD AND SUSAN SEVERSON, who are the owners of property within the City of Auburn understands and agrees water and sewer services to the property may be limited by issues including the Endangered Species Act (ESA) and actions of other governmental agencies; and WHEREAS, King County has indicated it will not be able to accept a certificate of sewer availability from the City that was not in the King County --------------------- Ordinance No. 5508 February 2, 2001 Page 2 system prior to October 26, 1999 until such time as the City has an approved sewer comprehensive plan; and WHEREAS, at this time the City does not have an approved sewer comprehensive plan, and WHEREAS, thereafter, the Planning and Community Development Committee, based upon the Findings of Fact contained herein, voted to recommend to the City Council that it approve the Agreement which provides for the issuance of water and/or sewer availability certificates. FINDINGS OF FACT 1. The applicant is proposing to subdivide two contiguous parcels ("Subject property) totaling approximately 13.6 acres into 56 lots (see applicant's site plan). Access is proposed to 124th Avenue SE and to SE 304th Street (see Findings # 5, 6 and 7 below for issues regarding the access to SE 304th Street). 2. The subject property is designated "Single Family Residential" on the City of Auburn Comprehensive Plan Map and is zoned R6 in King County. The subject property includes a single-family residence but is otherwise undeveloped and features some topographical changes. 3. Surrounding City of Auburn Comprehensive Plan designations and land uses are as follows: North: "Single Family Residential", Single Family Residences East: "Single Family Residential" (across 124th Avenue SE); Single Family Residences South: "Moderate Density Residential"; Multi-Family Development. West: "Single Family Residential"; "Public & Quasi-Public" --------------------- Ordinance No. 5508 February 2, 2001 Page 3 Hazelwood Elementary and Rainier Jr. High are west of the subject property located at the northeast corner of the intersection of 116th Avenue SE and SE 304th Street. 4. The Public Works Department has determined that sewer and water service can be made available to the property. Eventually, a detailed design for water and sewer meeting City standards will need to be submitted and approved by the City. 5. The applicant's original submitted proposal showed only one access to 124th Avenue SE. City Design and Construction Standards Section 3.04 states, "All dead-end streets shall end in either a temporary or permanent cul-de-sac. Dead end streets shall not be more than six hundred (600) feet in length, unless the city determines that due to topography, or existing development patterns that there are no feasible alternatives and emergency services can be effectively provided. Existing Dead-end streets that are greater than eight hundred (800) feet in length should be linked to other streets whenever the opportunity arises, unless it can be demonstrated that such connections would lead to substantial rerouting of through traffic onto the street. Existing dead-end streets longer than eight hundred (800) feet shall not be allowed to serve substantial new development." This standard is based on Comprehensive Plan Transportation Element Policy TR-13 that states, in part, "TR-13 An efficient collector system seeks to spread the opportunity for movement over alternative routes rather than directing traffic to a few collectors. Also, ample alternatives should exist for emergency vehicles to access areas (in case of a blockage on a street) and to facilitate movement of police patrols. All developed areas shall be served by at least two accesses. A. Access in new development: 1. Cul-de-sacs (or other streets, public or private, that provide only one outlet to the collector system) shall not be more than 600 Ordinance No. 5508 February 2, 2001 Page 4 feet long, unless the added length is caused by environmental constraints or parcelization issues. Examples of environmental constraints or development patterns may include, but not be limited to, a narrow peninsula of land or a site surrounded by existing development with no alternative access. Non-motorized paths shall be provided (when the City determines it to be necessary), at the end of the cul-de-sac to shorten walking distances to an adjacent arterial or public facilities including, but not limited to, schools or parks." Generally, the purpose of the maximum street length requirement is to spread traffic flow on to the collector system if possible, allow for efficient traffic circulation within the subdivision and promote public safety by ensuring emergency vehicles and the public can enter and exit an area in the event one access were blocked. 6. The applicant's original submittal provided only one access, to 124th Street SE, to the entire proposed plat. Given the single access, the design of the proposed plat exceeded the City's maximum allowable street length standard of 600 feet. To address this City standard the applicant resubmitted materials proposing a second access from the proposed plat to SE 304th Street. Not only would this access provide the benefits identified above in Finding #5, but it would also provide a pedestrian connection to SE 304tH Street for children traveling to and/or from Hazelwood Elementary School and/or Rainier Jr. High to the west. The applicant's proposed access to SE 304th Street is currently a private easement (122nd Place SE) that serves several other single-family residences. The applicant has verbally indicated that he believes this private easement has been reserved for dedication as a public street based on prior King County land use actions and that past precedent by King County in similar situations would allow for the dedication of the road as a public street. 7. It is uncertain what King County will require relative to the dedication of the private access easement for a public street when the applicant's proposed preliminary plat is submitted to King County for review and/or whether it (King County) will require a second access. King County Ordinance No. 5508 February 2, 2001 Page 5 standards appear to include a provision that roads shall not exceed a length of 600 feet. However, King County standards also appear to include a provision that a second access is only required in situations where a residential street serves more than 100 lots. The applicant's proposal is less than 100 lots. Because it is uncertain whether King County will require a second access from the subject property, flexibility should be provided as to whether the second access to SE 304th Street will be required through the water/sewer certificate process. 8. Auburn City Code Section 14.18.070 identifies the findings that must be met in order to recommend approval of the development agreement. Section 14.18.070 A. states, "14.18.070 Findings of fact. A. The development agreement shall be recommended for signing only if findings of fact are drawn to support the following: 1. The development is consistent with city development standards; and 2. The development is consistent with the city comprehensive plan; and 3. The property cannot be annexed immediately." 9. The following analyzes the proposal's consistency with the required findings identified in ACC 14.18.070 A. a. The proposal is consistent with City development standards. Through the water/sewer certificate review process, the applicant has revised several aspects of the proposal to meet City development standards. The following should be conditions of the development agreement to ensure city development standards are addressed. All streets shall be public and developed to City of Auburn standards. 3.5 feet of right-of-way shall be dedicated along the property's frontage with 124th Avenue SE. (124th Avenue SE is classified as a minor arterial street. The City of Auburn's road width standard for a minor arterial street is 67.5 feet. Therefore, 3.5 feet of property along the subject property's entire 124th Avenue SE Ordinance No. 5508 February 2, 2001 Page 6 frontage needs to be dedicated for public right-of-way purposes to achieve the City's minor arterial right-of-way width standard.) All other applicable city development standards shall be complied with, including but not limited to the provision and location of fire hydrants. In addition, the following should be a condition of approval, If King County, through its platting process, requires a second access to the proposed development to SE 304th Street, it shall be a minimum 30' foot wide public right of way including sidewalk and curb. However, if King County through its platting process does not require a second public street access from the subject property to SE 304th Street, then the applicant shall dead end the proposed internal plat street on the applicant's proposed site plan that intersects with the subject property's most northerly property line. A barricade shall be placed at this location (area of proposed lots 32 and 33 as depicted on attached site plan) to prevent vehicular traffic to and from the subdivision from the existing private access easement, but shall be designed to allow access for emergency vehicles. In addition, the applicant shall provide a 30-foot wide easement east and west of the dead end street on the subject property along the most northerly property line (an area in the location of proposed lots 32 and 33 as depicted on attached site plan). This easement would be intended to promote a public right-of-way system in the event properties to the west and/or east develop. The easement may be removed in the future if it is determined that it will not be necessary to support a future street pattern in this area. b. The proposal is consistent with the City Comprehensive Plan. The City of Auburn Comprehensive Plan Designation for the subject property and "Single Family Residential". The applicant proposes to plat the property for the purpose of building single-family homes. C. The property cannot be annexed immediately. The property is approximately one-half mile from the existing City limits and cannot be annexed immediately., Ordinance No. 5508 February 2, 2001 Page 7 Based on the above analysis, staff finds that the proposal meets the criteria contained in ACC 14.18.070. 10. At the time of this staff report's preparation, staff has received considerable verbal comments from neighbors in the area. These comments are exclusively from property owners along 122nd Place SE - the easement proposed by the applicant to be dedicated for public right- of-way in order to provide the second access from the property to SE 304th Street. Public concern has been expressed about the applicant's proposed dedication and use of the easement as a public road, the ability of the road to handle traffic, sight distance, possible obligations to hook up to sanitary sewer, the topography of the site and storm drainage. 11. Auburn City Code (ACC) 14.18.070(B) provides for a modification to City standards through the water/sewer certificate process if the applicant can demonstrate that one or more of the following four conditions exists: I. That special circumstances related to the size, shape, topography, location or surroundings of the subject property do not provide the owner with the development rights and privileges permitted to other similar properties in the vicinity and in the zoning district in which the subject property is located; or 2. That, because of the special circumstances, the development of the property in strict conformity with city standards will not allow a reasonable and harmonious use of the property; or 3. When applying city standards will result in a distinct "discontinuity" with adjacent development which was previously approved or constructed to county standards; or 4. When applying city standards puts the developer in a position where the county will not allow that development to take place." The applicant has not requested a modification to city development standards. Ordinance No. 5508 February 2, 2001 Page 8 12. All materials contained in the project file folder shall be considered part of the record. CONCLUSIONS 1. The findings of fact indicate that the proposal, if conditioned, is consistent with City Comprehensive Plan Policy CE-3. 2. The applicant's proposal has met the criteria for the granting of the water/sewer availability identified in ACC 14.18.070 A. 3. The applicant has not requested a modification to city standards; however, flexibility should be applied relative to the city's standard for a second access based on uncertainty over how King County will apply its road standards. RECOMMENDATION Based on the facts and findings and the conclusions of this report, staff recommends that the Planning and Community Development Committee recommend approval of WS000-0007 to the City Council subject to the following conditions: All streets shall be public and developed to City of Auburn standards. 2. Dedication of 3.5 feet of for public right-of-way along the entire property's frontage with 124th Avenue SE. 3. If King County, through its platting process, requires a second access to the proposed development to SE 304th Street, it shall be a minimum 30' foot wide public right of way including sidewalk and curb. However, if King County through its platting process does not require a second public street access from the subject property to SE 3041 Street, then the applicant shall dead end the proposed internal plat street on the applicant's proposed site plan that intersects with the subject property's most northerly property line. A barricade shall be placed at this location (area of proposed lots 32 and 33 as depicted on attached site plan) to prevent vehicular traffic to and from the subdivision from the existing Ordinance No. 5508 February 2, 2001 Page 9 private access easement, but shall be designed to allow access for emergency vehicles. The barricade shall be a knockdown barrier approved by the Fire Marshall. In addition, the applicant shall provide a 30-foot wide easement east and west of the dead end street on the subject property along the most northerly property line (an area in the location of proposed lots 32 and 33 as depicted on attached site plan). This easement would be intended to promote a public right-of-way system in the event properties to the west and/or east develop. The easement may be removed in the future if it is determined that it will not be necessary to support a future street pattern in this area. 4. All other applicable City development standards shall be complied with including the provision and location of fire hydrants. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. The above cited Findings of Fact, Conclusions and Conditions are herewith approved and incorporated in this Ordinance by this reference. 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 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 nay one or more --------------------- Ordinance No. 5508 February 2, 2001 Page 10 section, subsection, sentence, clause or phase be declared invalid or unconstitutional. Section 3. The Mayor and City Clerk of the City of Auburn, Washington, are hereby authorized to execute the Development Agreement between the City and RONALD AND SUSAN SEVERSON, Owners. A copy of said Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. 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: February 5, 2001 PASSED: February 5, 2001 APPROVED: February 5, 2001 CHARLES A. BOOTH MAYOR --------------------- Ordinance No. 5508 February 2, 2001 Page 11 ATTEST: Dani Ile E. Daskam, City Clerk APPROVED AS TO FORM: /Michael J. Reynolds, City Attorney Published: 9 d / Ordinance No. 5508 February 2, 2001 Page 12 /Cz aC'r-????z j DEVELOPMENT AGREEMENT ? n/61-: G-) & av6,) 71_s- (PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT) Return Address City of Auburn Planninq Dept. 25 West Main Street Auburn, WA 98001 WSC 00-0007 Parcel Number(s) 092105-9086 / 092105-9008 Additional legal on page 12 The Agreement executed herein between the City of Auburn, Washington, a municipal corporation, hereinafter referred to as "CITY" and Ronald and Susan Severson and the heirs, assigns, and/or successors in interest of certain property, hereinafter referred to as "OWNER", is for and in consideration of the furnishing of utility service by the CITY to certain property of the OWNER hereinafter referred to as "PROPERTY". The OWNER does hereby petition for and agree to annexation of the PROPERTY to the CITY, and does hereby agree to the conditions of annexation herein, and does hereby declare this covenant. 1. ACKNOWLEDGMENTS AND REPRESENTATIONS The OWNER does hereby acknowledge and agree as follows: ORD # 5508 WS000-0007 02/07/01 Page 1 1.1. The OWNER is the owner of certain PROPERTY, which is located outside the corporate limits of the CITY. 1.2. The OWNER is seeking Plat approval from King County for the PROPERTY. 1.3. The OWNER has requested the CITY to furnish water and sewer services to the PROPERTY, which the owner understands and agrees may be limited by issues including the Endangered Species Act (ESA) and other governmental agencies. 1.4. This Agreement to extend water and sewer 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 OWNER 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. Washington law recognizes 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. 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. ORD # 5508 WS000-0007 02/07/01 Page 2 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 developments 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 development standards as defined by section 14.18.006(C) of the Auburn City Code. 1.11. The OWNER'S request for the extension of utility services was duly considered by the CITY, and it was determined that the furnishing of water and sewer services to the PROPERTY would be proper upon the fulfilling of all conditions and covenants herein. 1.12. The OWNER does hereby acknowledge that in the event of violation or breach of the terms of this DEVELOPMENT AGREEMENT, or upon the invalidation of this AGREEMENT 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 legally described in Attachment A, attached hereto and represented by reference as if set forth in full. The OWNER warrants that Attachment A is correct as fully describing subject PROPERTY. ORD # 5508 WS000-0007 02/07/01 Page 3 3. PETITION AND COVENANT FOR ANNEXATION The OWNER, in consideration of the CITY'S agreement to provide utility service to the PROPERTY, does hereby petition, agree and covenant as follows: 3.1. The OWNER does hereby apply for and petition for annexation of the PROPERTY to the CITY and thereby agrees, promises and covenants that if at any time the PROPERTY is included within any area which is being considered for annexation to the CITY, said OWNER does join in said annexation and by this PETITION does provide this NOTICE OF INTENT TO ANNEX and that the petition referred to herein is irrevocable. The OWNER recognizes and agrees that by signing this Agreement, the PROPERTY of the OWNER will automatically be included as a property to be annexed in the event the PROPERTY is within a proposed annexation area. 3.2. The OWNER agrees to execute all necessary documents such as applications, 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 OWNER, for him/her/themselves and for his/her/their heirs, successors and assigns, agrees and covenants with the CITY, and to the present and future owners of the PROPERTY to which this covenant relates, that this agreement is to constitute a covenant running with the land, and shall burden such land that he/she/they shall, whenever so requested, execute such letters, notices, petitions or other instruments. Owner agrees to immediately record this document and specifically advise future interests in the property. ORD # 5508 WS000-0007 02/07/01 Page 4 3.3. The OWNER recognizes 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. 3.3.1 The OWNER further recognizes that other methods of annexation are allowed under the laws of the State of Washington, including the election method. 3.4. The OWNER understands that the OWNER'S signatures on this Agreement is an admission that the OWNER understands the certain rights which the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving such rights in consideration of receiving the described utility services. 3.5. The OWNER understands and agrees 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 OWNER of the PROPERTY, on behalf of himself/herself/themselves, his/her/their heirs, successors and assigns, hereby designate(s) the CITY as OWNER'S 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 OWNER 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 ORD # 5508 WS000-0007 02/07/01 Page 5 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 OWNER agrees on his/her/their behalf and on behalf of his/her/their heirs, successors and assigns that the OWNER 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 OF CONDITIONS AND/OR MITIGATION MEASURES OF APPROVAL The OWNER, in consideration of the CITY'S agreement to provide water and sewer utility services to the PROPERTY, and in recognition of the CITY's conditions for annexation of the PROPERTY, does hereby agree to comply with the following: 4.1. All streets shall be public and developed to City of Auburn standards. 4.2. Dedication of 3.5 feet for public right-of-way along the entire property's frontage with 124th Avenue SE. 4.3. If King County, through its platting process, requires a second access to the proposed development to SE 304th Street, it.shall be a minimum 30' foot wide public right of way including sidewalk and curb. However, if King County through its platting process does not require a second public street access from the subject property to SE 304th Street, then the applicant shall dead end the proposed internal plat street on the ORD # 5508 WS000-0007 02/07/01 Page 6 applicant's proposed site plan that intersects with the subject property's most northerly property line. A barricade shall be placed at this location (area of proposed lots 32 and 33 as depicted on attached site plan) to prevent vehicular traffic to and from the subdivision from the existing private access easement, but shall be designed to allow access for emergency vehicles. The barricade shall be a knockdown barrier approved by the Fire Marshall. In addition, the applicant shall provide a 30-foot wide easement east and west of the dead-end street on the subject property along the most northerly property line (an area in the location of proposed lots 32 and 33 as depicted on attached site plan). This easement would be intended to promote a public right-of-way system in the event properties to the west and/or east develop. The easement may be removed in the future if it is determined that it will not be necessary to support a future street pattern in this area. 4.4. All other applicable City development standards shall be complied with including the provision and location of fire hydrants. 5. GENERAL PROVISIONS The OWNER and the CITY do hereby acknowledge and agree to the following provisions, which apply to the entire Agreement herein. 5.1. The OWNER agrees 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 ORD # 5508 WS000-0007 02/07/01 Page 7 utility facilities and appurtenances, or any other matter. The OWNER and the CITY hereby acknowledge that it is the OWNER'S responsibility to finance the design and construction of utility facilities needed to serve OWNER'S property consistent with CITY plans and specifications, unless otherwise agreed by the CITY. 5.3. The OWNER agrees 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 OWNER 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. The applicable laws, rules, and regulations of the State of Washington and the CITY shall govern this Agreement. 5.6. The terms and provisions of this DEVELOPMENT AGREEMENT shall inure to the benefit and become binding upon the heirs, assigns and/or successors in interest of the parties hereto and is a covenant running with the land. The OWNER agrees to indemnify and hold the CITY harmless from any claims that 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 ORD # 5508 WS000-0007 02/07/01 Page 8 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 OWNER warrants that the OWNER 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 OWNER shall be responsible for recording and shall provide evidence of such recording to the CITY. IN WITNESS WHEREOF, the OWNER and the CITY hereto have executed this Agreement as of this day of 2001. CITY OF AUBURN A - 11A C-A?- CHARLES A. BOOTH MAYOR ORD # 5508 WS000-0007 02/07/01 Page 9 ATTEST: Danielle Daskam City Clerk AP?ROVED AS?O FORM: Michael J. Reynolds, City Attorney STATE OF WASHINGTON ) ss COUNTY OF KING ) On this f o- day of '2001, before me, the undersigned, a Notary Public in and for the Stat of Washington, duly commissioned and sworn, personally appeared CHARLES A. BOOTH and DANIELLE DASKAM, 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. U, Wi t; zz NAME % < vS? 'a NOTARY PUBLIC in and for the State of ar r Washington, residing at Ztq `?j A, "' Y MY COMMISSION EXPIRES: ORD # 5508 WS000-0007 02/07/01 Page 10 OWNERS:.:- Ronald and Susan Severson onald'Seve?sori. uoam?.?1 r-• Susan Severson STATE OF WASHINGTON } } ss COUNTY OF KING } O.n the G day of ?N1rU ;? ;'2001, befgre me, the unot rsig4d, a `.Notary Public in and for the State..Qf..: d.shingto h, daily commissioned and .sworn, personally appeared Ronald aH.. Susan Severson, the OWNER fiOat e*ecuted the within and foregoing instrument, an ..dct owle.dged the scud instrument to`be the free and voluntary act and deed of said"O11VNE,R, for the uses C° and purposes ierem;rrientiohed, and on oath stated that they are auff?orized to execuie?said mstrum6-nt:on behaff'of?said OWNER IN WITNESS WH.EREOF,J have..,herjunto set my hand and affixed my official seal on the date herera.above"set forth ' :. c i °,y?eyiueeoaeq?e . ?° OSTH 0 $4 h (Fronted Narrte} - 0 NOUIRY N; "-- NOTARY PUBLI n' ant" or the State of Washington, cA ' PUBLIC - " e v : residine*6t a'ano° MY CdM&- IG3 EXPIRtS -7 N a 6iateaarah'?3®a° ORD # 5508 WS000-0007 02/16/01 Page 10 OWNERS: Ronald and Susan Severson Ronald Severson Susan Severson STATE OF WASHINGTON ) ss COUNTY OF KING On this day of 2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Ronald and Susan Severson, the OWNER that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said OWNER, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument on behalf of said OWNER. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. (Printed Name) NOTARY PUBLIC in and for the State of Washington, residing at MY COMMISSION EXPIRES: ORD # 5508 WS000-0007 02/07/01 Page 11 ATTACHMENT A LEGAL DESCRIPTION: PARCEL A: THE SOUTH '/2 OF THE SOUTH'/2 OF THE SOUTH '/2 OF THE NORTHEAST'A OF THE NORTHWEST'A IN SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., RECORDS OF KING COUNTY. PARCEL B: THAT PORTION OF THE NORTHEAST 1 /3 OF THE NORTHWEST 'A OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., RECORDS OF KING COUNTY, DESCRIBED AS FOLLOWS: THE SOUTH '/20F THE SOUTHEAST'A OF THE NORTHWEST'/4 OF SAID NORTHEAST'/4 OF THE NORTHWEST'A THE NORTH'/4 OF THE SOUTH'/2 OF THE SAID NORTHEAST'/4 OF THE NORTHWEST 1/4; EXCEPT THE WEST 1/4; AND EXCEPT THE EAST'/4; THE SOUTH 1/20F THE NORTH '/2 OF THE SOUTH '/20F SAID NORTHEAST'A OF THE NORTHWEST 1/4; EXCEPT THE WEST 1/4; AND EXCEPT THE EAST 1/4; AND THE NORTH'/2 OF THE SOUTH'/2 OF THE SOUTHWEST'A OF THE SAID NORTHEAST'/4 OF THE NORTHWEST'/4; TOGETHER WITH EASEMENTS FOR INGRESS, EGRESS, AND UTILITIES, AS GRANTED BY INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NUMBERS 7710250340, 84 1 00306 1 9, 8410030621, 8410030622, AND 8410030623, TO THE EXTENT OF ANY GRANTED UNDER SUCH DOCUMENTS; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. ORD # 5508 WS000-0007 02/07/01 Page 12