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HomeMy WebLinkAbout5781 ORDINANCE NO. 5781 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 OF AUBURN AND DISTINCTIVE HOME BUILDERS/RUSSELL MILLARD WHEREAS, ALLAN AND SUSAN KARPEN, owner of a 25 lot single family subdivision to be developed and located at 11506 SE 304th Street, within the City of Auburn's Potential Annexation Area; and WHEREAS, Application No. WSC03-0005 was submitted to the City of Auburn, Washington, on March 25, 2003, requesting water and/or 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. 5781 JuLy 17, 2003 Page 1 Development Committee at a public meeting held on July 14, 2003, conducted a public hearing on application number WSC03-0005; 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 WASHINGTON, DO ORDAIN AS FOLLOWS: OF THE CITY OF AUBURN, Section 1. Approval of Development Agreement. The Mayor and City Clerk of the City of Auburn, Washington, are hereby authorized to execute the Development Ordinance No. 5781 July 17, 2003 Page 2 Agreement between the City of Auburn and Distinctive Home Builders/Russell Millard, 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 pr~epared, 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. JUL ~ ! 2110~ INTRODUCED: PASSED: JUL ~ ] 2111~ APPR~F~,~~ ]_. PETER B. LEWIS, MAYOR Ordinance No. 5781 July 17, 2003 Page 3 ATTEST: Danielle E. Daskam, City Clerk APPROV~ J S TO RM: Dan~l B. Heid, \~... City Attorney Published: Ordinance No. 5781 July 17, 2003 Page 4 '! KZNG COUNTY, UR DEVELOPMENT AGREEMENT (DECLARATION OF COVENANT) Return Address City of Auburn Planning Dept. 25 West Main Street Auburn, WA 98001 WSC03-0005 Order # Parcel Number{s} 052105-9022 / 052105-9080 / 052105-9077 Additional leqal on pa,qe 9 ptn of SEQ of SEQ of Sec 5-21-5 The Agreement executed herein between the Washington, a municipal corporation, hereinafter referred Rec~rtle~$ at the rea?est of FIDELITY NATIONAL TITLE City of Auburn, to as "CITY" and Distinctive Home Builders 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. WSC03-0005 07/21/03 Page 1 r 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: commonly known as 11506 SE 304th Street - Carrington Point. WSC03-0005 07/21/03 Page 2 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. 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. Applicant is required to install water lines to supply adequate flow and pressure to city standards (35-80 psi & 1500 gpm for 2 hours). Single- family areas require minimum 8-inch lines. System must be looped from 304th Street to SE 301st Place. 4.2. Sewer is available in SE 301st Place and to the south at 304th Street and 116th Ave. SE. Site-specific requirements regarding sewer extension should be discussed with the City's Engineering Department. 4.3. Applicant is required to install sewer lines to adequately serve the development. This will require construction of an 8" sewer main to serve all lots. 4.4. Access to Lot 1 shall be to 116th only. Access to Lots 5, 13, 14, and 20 shall be to the cul-de-sacs only. Access to Lots 21-24 and Lots 10-18 shall be to the adjacent access tracts only. WSC03-0005 07/21/03 Page 3 4.5. The community park ("Tract G") frontage improvements shall be extended southward to a point opposite the northeast corner of the SE 302nd Ct & 116th Ave SE intersection where a legal pedestrian crossing can be made. 4.6. Curb, gutter and sidewalks shall be provided throughout the project. 4.7. All streets shall be public. 4.8. Half-street improvements per Auburn City standards are required along the frontages of SE 304th Street, 116th Ave SE, and SE 301st Place. 4.9. Minimum of 24' of paved roadway surface must be provided on 116th Ave SE. 4.10. Fire hydrants shall be installed per Auburn City Standards (ACC 13.16.060). 4.11. Any impact fees calculated and paid to King County for either transportation or park impacts shall be reported to the City of Auburn. 4.12. All other applicable City development standards shall be complied 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 WSC03-0005 07~21/03 Page 4 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 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 WSC03-0005 07/21/03 Page 5 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 r~/:~day of(~J--~ ,2003. PETER B. LEWIS MAYOR WSC03-0005 07/21/03 Page 6 ATTEST: Danielle Daskam City Clerk STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this '=2Z/~--~ day of ".-.___~u,..0..~.-x(~~ ,2003, before me, the undersigned, a Notary Public in and forthe Stat~ 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. NOTARY PUBLIC in and fo/r-the S~ate of Washington, residing at i ~ z ~ '~%L~;-~ ~ --- WSC03-O005 07/21/03 Page 7 OWNERS: Allan Karpe~n//~ Susan Karpen Distinctive Home Builders STATE OF WASHINGTON COUNTY OF KING. , . ,2003, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Russell Millard, the Managing Member of Distinctive Home Builders, 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, z~F,~.c,~ ~>.,,7~...~,~,,,~ (Printed Name) NOTARY PUBLLC~.~.~r the State of Washington, residing at /E].~z,, MY COMMISSION EXPIRES: WSC03-0005 07/21/03 Page 8 ATTACHMENT A LEGAL DESCRIPTION: SECTION 05, TOWNSHIP 21, RANGE 05, TAX LOTS 9077, 9022, & 9080. WM, KING COUNTY, WA, SUBJECT TO EASEMENTS OF RECORD REC #:8603130807. WSC03-0005 07~21/03 Page 9