HomeMy WebLinkAbout5362ORDINANCE NO.5 3 6 2
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 DENNIS JOHNSON, FREMANTLE
DEVELOPMENT, INC.
WHEREAS, DENNIS JOHNSON, FREMANTLE DEVELOPMENT, INC.
is the owner of property to be developed at 11326 SE 304" Street, within the
City of Auburn's Lea Hill Potential Annexation Area; and
WHEREAS, DENNIS JOHNSON, FREMANTLE DEVELOPMENT, INC.
is applying to King County for a preliminary plat approval.; and
WHEREAS, Application No. WSCO01-00 was submitted to the City of
Auburn, Washington, on January 10, 2000, requesting water and sewer
availability certificates; and
WHEREAS, City of Auburn Comprehensive Plan Policy CE -3 requires,
as a condition of obtaining water and/or sewer service, a legally binding
agreement to support annexation to the City at such time as City deems
annexation appropriate, and requires agreement to comply with appropriate
City development standards and public facility specifications; and
WHEREAS, RCW 36.7013.170 defines such an agreement as a
development agreement; and
Ordinance 5362
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Page 1
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 March 13,
2000, conducted a public hearing on the 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, DENNIS JOHNSON, FREMANTLE DEVELOPMENT, INC.
who is the owner of property within the City of Auburn's Lea Hill Potential
Annexation Area 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 5362
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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; and
WHEREAS, the City Council, based upon the Findings of Fact contained
herein, voted to approve the Development Agreement, and to allow a
modification to City standards for lot layout, as requested. The Council
confirmed that the plat should meet all City street standards.
FINDINGS OF FACT
1. Dennis Johnson of Fremantle Development, Inc. has applied for
Water and Sewer Certificates of Availability for a property in the
Lea Hill annexation area. The applicant anticipates building 11
new homes and supporting road, and providing spaces for water
detention and recreation.
2. Water service and a fire hydrant are available approximately 50
feet from the site. Construction of an 8 inch minimum mainline
within the development will be required to serve all 12 lots. A fire
hydrant will be required within 300 feet of all structures.
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3. Sewer service will require extension of an 8 inch minimum
mainline within the development, serving all 12 lots. Service is
subject to a connection charge, including payback charges.
4. The entrance to the property is from 130' Avenue SE.
5. The site plan submitted with the application is generally consistent
with the requirements of the City with the exception of the lot
layout using access tracts, and the street cross-sections.
6. A modification has been requested by the applicant to allow the
lot layout as submitted. Ordinance No. 4872, section 14.18.070,
Findings of Fact, allows modifications to City standards under
several conditions. Condition number four states that a
modification may be allowed "When applying City standards puts
the developer in a position where King County will not allow that
development to take place." In conferring with King County staff,
it was communicated that joint use driveways, as recommended
by City staff, would be required by King County to be combined
into separate access tracts that would be held in joint ownership
by all affected property owners. For this reason, a modification is
recommended to be approved.
7. The contents of the case file, WSC0001-00, are hereby
incorporated by reference and made part of the record of this
hearing.
CONCLUSIONS
A. Staff has concluded that the Water and Sewer Certificates of Availability
may be approved in that the application is consistent with the following
criteria necessary to grant the permit as outlined in Section 14.18.070 of
the Auburn City Code.
1. The development is consistent with City development
standards.
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The proposed development is consistent with City development
standards, with the exception of the street cross-sections, and the
lot layout using access tracts.
2. The development is consistent with the City Comprehensive
Plan.
The Comprehensive Plan designates this area as Single Family
Residential; the proposed project is consistent with this
designation.
3. The property cannot be annexed immediately.
The property is more than '/4 mile from the existing City limits, and
is surrounded by properties within King County.
CONDITIONS
Before the agreement is recorded, the applicant needs to provide a
revised plat layout that meets City Standards, to be approved by the Planning
Director. The applicant is allowed to not meet the City's standard that requires
each parcel have a minimum of 20 feet frontage along a public street, and to
use access tracts to access inner parcels, instead.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The above-cited Findings of Fact are herewith approved
and incorporated in this Ordinance.
Section 2. The Mayor and City Clerk of the City of Auburn,
Washington, are hereby authorized to execute the Development Agreement
between the City and DENNIS JOHNSON, FREMANTLE DEVELOPMENT,
Ordinance 5362
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Page 5
INC. A copy of said Agreement is attached hereto as Exhibit "A" and
incorporated herein by reference.
Section 3. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 4. 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: - March 20, 2000
PASSED: March 20, 2000
APPROVED: March 20, 2000
�s Q. CIOdQ
CHARLES A. BOOTH
MAYOR
Ordinance 5362
03/27/00
Page 6
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
&. 'X'CL -
Michael J. Reynolds,
City Attorney
Published: S b .Z G do
Ordinance 5362
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Page 7
FILED for Record at Request of
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AUBURN CITY OF AG 18.00
PAGi 001 OF 011
04/24/2000 10:36
KING COUNTY, WA
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DEVELOPMENT AGREEMENT
(PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT)
Return Address City of Auburn
Planning Dept. 25 West Main Street
Auburn, WA 98001
WSC 0001-00
Parcel Number(s) 092105-9070
Additional legal onpage 11
The Agreement executed herein between the City of Auburn,
Washington, a municipal corporation, hereinafter referred to as "CITY" and
Dennis Johnson, Fremantle Development, Inc. 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:
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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 Preliminary 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.
1.3.1. The OWNER understands that King County has indicated it will not
be able to accept a Certificate of Sewer Availability at this time.
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
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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
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.
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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.
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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
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annexed to a city if property owners, equal to sixty percent of the assessed
p value of property within the area proposed to be annexed, sign a petition for
o such an annexation.
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C? 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
WSc0001-00
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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. Before the agreement is recorded, the applicant needs to provide a
revised plat layout that meets City Standards, to be approved by the Planning
Director. The applicant is allowed to not meet the City's standard that requires
each parcel have a minimum of 20 feet frontage along a public street, and to
use access tracts to access inner parcels, instead.
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.
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5.2. Nothing in this agreement shall be construed to create any financial
C obligation on the part of the CITY with regard to annexation, construction of
0 utility facilities and appurtenances, or any other matter. The OWNER and the
CD CITY hereby acknowledge that it is the OWNER'S responsibility to finance the
0 design and construction of utility facilities needed to serve OWNER'S property
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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.
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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
V 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
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O U.S. Postal Service mail with postage prepaid.
O 5.7.1 The OWNER warrants that the OWNER will undertake, and be
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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, Pe OWNER and the CITY hereto have executed this
Agreement as of this 3J5 day of 41j,%Z 2000.
CITY OF AUBURN
-e" n- . f�o�
CHARLES A. BOOTH
MAYOR
WSC0001-00
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ATTEST:
111)az�u L.L'6a�
Danielle Daskam
City Clerk
P EDA O F RM:
Michael J. Reynolds,
City Attorney
STATE OF WASHINGTON
ss
COUNTY OF KING )
On this day of ag . , 2000, before me,
the undersigned, a Notary Public in and for the State 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.
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WSC0001-00
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I A m- rA A-. 88-f ree V
NwA�ME
A4_nA-LA l�✓ -
NOTARY PUBLIC in and for the State of
Washington, residing at Z 60.
MY COMMISSION EXPIRES: i0- 9-Q -�g
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O OWNER: Dennis Johnson, Fremantle Development, Inc.
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Dennis Joh on
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STATE OF WASHINGTON
) ss
COUNTY OF KING )
On this z`i day of J2r , 2000, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Dennis Johnson, the President of
Fremantle Development, Inc., the REPRESENTATIVE 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.
WSC0001-00
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Page 10
(Printed Name)
NOTARY PUBLIC in and for the State of Washington,
residing at K 11 tic re, �
MY COMMISSION EXPI ES�
ATTACHMENT A
...
LEGAL DESCRIPTION:
v THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE
DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED
LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION
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WITHIN THE BODY OF THE DOCUMENT.
ce
PT N N E 'A N E '/4, 09-21-05
LOT 'A' OF KING COUNTY BOUNDARY LINE ADJUSTMENT NO. L95L0163 AS
RECORDED UNDER RECORDING NUMBER 9603149010 BEING A PORTION OF
NORTHEAST QUARTER OF NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON
PARCEL NUMBER 092105-9070-07
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