HomeMy WebLinkAbout5780ORDINANCE NO. 5780
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
BETVVEEN THE CITY OF AUBURN AND DALJIT DHALIWAL
WHEREAS, DALJIT DHALIWAL, owner of an 8 lot single family subdivision to be
developed and located at 12115 SE 304th Street, within the City of Auburn's Potential
Annexation Area; and
WHEREAS, Application No. WSC02-0001 was submitted to the City of Auburn,
Washington, on January 17, 2002, requesting water and sewer utility services; and
WHEREAS, City of Auburn Comprehensive Plan Policy CE-3 requires, as a
condition of obtaining water and sewer utility services, a legally binding agreement 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
WHEREAS, RCW 36.70B.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
Ordinance No. 5780
July 17, 2003
Page 1
Development Committee at a public.meeting held on July 14, 2003, conducted a public
hearing on application number WSC03-001; 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, the property owner or representative of the owner of the subject
property within the City of Auburn water and/or sewer service area understands and
agrees that water utility service to the property may be limited by issues including the
Endangered Species Act (ESA) and actions of other governmental agencies; and
WHEREAS, thereafter, the Planning and Community Development Committee,
voted to recommend to the City Council that it approve the Agreement which provides
for the issuance of water and/or sewer utility services, subject to conditions as may
apply, and as would be set forth in the development agreement between the parties,
and
WHEREAS, based on the findings and conclusions of the staff report, staff
recommended that Planning and Community Development Committee should, in turn,
recommend to the City Council approval of the development agreement which will
enable the issuance of a watedsewer availability certificate to the applicant subject to
the conditions set forth therein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section '1, Approval of Development Aflreement, The Mayor and City Clerk
of the City of Auburn, Washington, are hereby authorized to execute the Development
Ordinance No. 5780
July 17, 2003.
Page 2
Agreement between the City of Auburn and Daljit Dhaliwal, a copy of which Agreement
is attached hereto as Exhibit "A" and incorporated herein by 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 or 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 any one or more section, subsection, sentence, clause or phase be declared
invalid or unconstitutional.
Section 3. Implementation. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 4. 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:
PASSED:
APPROVED:
JUL ~,
JUL ~ ! Z~3
PETER B. LEWIS,
MAYOR
Ordinance No. 5780
July 17, 2003
Page 3
ATTEST:
Danielle E. Daskam,
City Clerk
D~i'niel B. Heir;
City Attorney
Published:
Ordinance No. 5780
July 17, 2003
Page 4
FILED for Record at Request of
Name' t-V~L.~ 'r
Address/,
Ci~ ~u ~u~ -
20030729000653
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07/29/2ee3 xe:e4
KING COUNTY, UR
DEVELOPMENT AGREEMENT
(DECLARATION OF COVENANT)
Return Address City of Auburn
Plannin.q Dept. 25 West Main Street
Auburn, WA 98001
WSC 02-0001
Parcel Number(s) 092105-9187 / 092105-9089
Additional leqal on pa.qe 9
The Agreement executed herein between the City of Auburn,
Washington, a municipal corporation, hereinafter referred to as "CITY" and Daljit
Dhaliwal 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 declare this covenant.
1. ACKNOWLEDGMENTS AND REPRESENTATIONS
The OWNER does hereby acknowledge and agree as follows:
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.
WSC02-O001
07/17/03
Page 1
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 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.
1.7. 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.
1.8. 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.
1.9. 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 hereby described as follows: 12115 SE 304th Street, Auburn
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.
WSC02-O001
07/17~03
Page 2
3. COVENANT
The OWNER, in consideration of the CITY'S agreement to provide
utility service to the PROPERTY, does hereby covenant as follows:
3.1 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. Water can be made available to the site. Service to the site Will
require construction of a distribution system and extension of an eight (8)
inch minimum water main within the plat to serve all lots. Water should be
looped throughout the site from the easement to SE 304th Street.
4.2. Sewer can be made available to the site. Service to the site will
require extension of approximately one hundred fifty (150) linear feet of
sewer trunk or lateral to reach the site, the construction of a collection
system on the site, and an eight (8) inch minimum sanitary sewer main
across the property (as per Auburn City Code 13.20.270) and within the
plat to serve all lots. Service will be subject to connection charge(s) and
the appropriate easement(s). In addition, sewer lines must be located in
the right-of-way.
4.3. The proposed internal road shall be built to City standards for a
local residential street.
WSC02-O001
07/17/03
Page 3
4.4. No more than two accesses to the private gravel road abutting the
eastern edge of the subject property will be allowed, nor will additional
driveways be allowed onto SE 304th Street.
4.5. Half-street improvements to SE 304th Street to non-residential
collector arterial standards will be required along the full extent of the
property's frontage along that street.
4.6. Fire hydrants are required per Auburn City Code 13.16.060(m) and
13.16.070.
4.7. Any impact fees calculated and paid to King County for either
transportation or park impacts shall be reported to the City of Auburn.
All other applicable City development standards shall be complied
4.8,
with.
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
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.
WSC02-O001
07/17~03
Page 4
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
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.
WSC02-O001
07/17~03
Page 5
IN WITNESS WHEREOF, the OWNER and the CITY hereto have executed this
Agreement as of this,--~?day of ~-/ ,2003.
CITY O~ ~
PETER B. LEWIS
MAYOR
WSC02-O001
07/17/03
Page 6
ATTEST:
Danielle Daskam
City Clerk
City Attorney
STATE OF WASHINGTON )
) ss
COUNTY OF KING ) , ......... ~_ i~,i
On this ~.~ v.-~} day of ..... -'"7~-'~t~- , 2003, before me,
the undersigned, a Notary Public in and for tlq~ State of Washington, duly
commissioned and sworn, personally appeared PETER B. LEWIS 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.
',.%i". ...
NOTARY PUBLIC in and f:he I.tate of
Washington, residing at (x _U:~
MY COMMISSION EXPIRES:
WSC02-O001
07/17~03
Page 7
OWNER:
Daljit Dhaliwal
Daljit Dhaliwal
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this ~h/-'~ day of ~/.~ ,2003, before me,
the undersigned, a Notary Public in and foi"~r~e State of Washington, duly
commissioned and sworn, personally appeared Daljit Dhaliwal, 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. ,~~5,~
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~ ~"~-~ ~'.~ (Printed Name)
~ : ~ ~M~ ~ i~)TARY PUBLIC in and for the State of Washington,
%,~.~ ~,~YCOMM~SS~ONEXP~RES: ~ /~Z ~
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WSC02-O001
07/17/03
Page 8
ATTACHMENT A
LEGAL DESCRIPTION:
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH,
RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION, IF
ANY, LYING WITHIN THE WEST 330 FEET OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M.,
IN KING COUNTY, WASHINGTON; ALSO, EXCEPT THE NORTH 30 FEET THEREOF FOR
ROAD AS ESTABLISHED BY KING COUNTY COMMISSIONER'S RECORDS, BOOK 31,
PAGE 429.
WSC02-O001
07/17/03
Page 9