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Home My WebLink About5942 n - - J0.....:.....~;\...." ~ "~_'.'rl\ . "...,;.......... , .. v ~.~ k~~~~~~~~~I~II~ 1111'1111 ~~~III~IIIIIII"I ~~E~gE2ggDNt$:3~~~Hf~3tg~ - - - - - - ~ ~- Return Address: Auburn City Clerk City of Auburn 25 West Main SI. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Final Plat (Ordinance 5942 Reference Number(s) of Documents assigned or released: DAdditional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) City of Auburn Grantee/Assignee/Beneficiary: (Last name first) 1. Thuline, Wade 2. Evann LLC 3. Pinnacle Estates Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) The NW quarter of the SW quarter of Section 5, Township 20 North, Range 5 East of the W.M in Pierce County IZI Additional legal is on page 5 of document. Assessor's Property Tax Parcel/Account Number 052005-3050 o Assessor Tax # not yet assigned 8rid cIocunenl(S) _ fII&d lot rIIIJnI bv PacIfic Northwe&t TIlti8I aoDQmmodation only. It hai; not beIIn 8IlSIlkled 81 to proper eX8CUllon or ..Ill lIB ailed IIPOO lItfe. 11 ....;. . '. ORDINANCE NO.5 9 4 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF PINNACLE ESTATES PHASE 1 WHEREAS, the City of Auburn received a final plat application for the Plat Pinnacle Estates Phase 1, Application No. PL T03-0002, the final approval of which is appropriate for City Council action; and WHEREAS, based on the review given this Plat by the City, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. Wade Thuline of Evann LLC, owner, represented by DMB Consulting Engineers has requested final plat approval of the Pinnacle Estates Phase 1 and all applicable conditions have been met. Pinnacle Estates is the subdivision on of a 30.8 acre site into 102 single-family residential lots that is located in within the City of Auburn. Phase 1 consists of 74 lots and seven tracts, two of which are dedicated to the future development of Phase 2. 2. The preliminary plat was approved by the City Council on March 29, 2004, by Resolution No. 3718. The plat has been developed in accordance with the R1, Single Family Residential zoning district. 3. The Final Plat is in compliance with the Zoning and Land Division Ordinance and is consistent with the City's engineering standards. 4. A financial security in lieu of completion of plat improvements has been provided to the City. The city engineer has signed the security in lieu of the completion portion of the Certificate of Improvements. CONCLUSIONS OF LAW 1. The Final Plat is in compliance and in conformity with applicable Zoning and Land Division Ordinances and other applicable land use controls. Ordinance No. 5942 Septem ber 1, 2005 Page 1 of 3 ~ 2. The Plat is consistent with the Comprehensive Plan. 3. The Plat meets the requirements of Chapter 58.17 RCW. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Approval. The Pinnacle Estates Phase 1, a subdivision involving property located within the City of Auburn, Washington, which plat is legally described on the face of the Final Plat and set forth in Exhibit "A", attached hereto and incorporated herein by this reference, is hereby approved, and deemed to conform to the requirements for Plat approval pursuant to State and local law and Chapter 58.17 of the Revised Code of Washington and Section 58.17.170 thereof. Section 2. Constitutionalitv or Invaliditv. 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 section, subsection, sentence, clause or phase be declared invalid or unconstitutional. Section 3. Recordation. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall Ordinance No. 5942 September 1, 2005 Page 2 of 3 ~ cause this Ordinance to be recorded in the office of the Pierce County Auditor's Office, Records and Licensing Division. Section 4. Implementation. The mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions 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: SEP 6 - 2005 SEP 6 - 2005 PASSED: APPROVED: CI SiP 6 - 1nn'i -='~ -~ ETER B. LEWIS MAYOR ATTEST: &S~d ?AOuk~ Oanielle E. Daskam, City Clerk Published: ~/dO:S Ordinance No. 5942 September 1, 2005 Page 3 of3 Exhibit A Ordinance No. 5942 .- LEGAL DESCRIPTION OF PROPERTY THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE W.M., IN PIERCE COUNTY, WASHINGTON. EXCEPT THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE SOUTHEAST CORNER OF THE ABOVE SAID SUBDIVISION; THENCE NORTH ALONG THE EAST LINE THEREOF TO THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE WEST ALONG THE NORTH LINE OF SAID SUBDIVISION 470 FEET; THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO THE POINT OF BEGINNING. ALSO EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY IN DEED RECORDED UNDER AUDITOR'S FILE NUMBER 9906021036 FOR ADDITIONAL RIGHT OF WAY FOR SUMNER- TAPPS HIGHWAY EAST EXTENSION. TITLE TO SAID REAL PROPERTY IS VESTED IN: PINACLES, INC., A WASHINGTON CORPORATION {) IL)) 51'/L Od..5 (1 rO;3-ClOlJ,L , VOLUNTARY CONTRIBUTION AGREEMENT Th4 Voluntary Contrij!ution Agreement ("Agreement") is entered into this 1..:2..- day of vb",$" V- 2- 00':' by and between the City of Auburn, Washington, a municipal corporation ("City") and Evann LLC a Washington LLC ("Developer"). WHEREAS, Developer is the owner of the Pinnacles Estates subdivision ("Subdivision") located on the property legally described in Exhibit A attached hereto and incorporated by reference; and WHEREAS, Developer recognizes there will be a direct impact on existing parks, recreation, and open space facilities as a result of development of the Subdivision and that the Subdivision will directly contribute to the need for new facilities and/or the need for additions to existing facilities; and WHEREAS, the City of Auburn Hearing Examiner's decision on the Subdivision (File No. PLT03-0002) included the following condition: Condition 4. In order to meet the park and recreation land dedication requirements, the Applicant shall enter into a voluntary agreement with the City, in a format acceptable to the City, to provide a fee in lieu of dedication equal to the amount of $1,086.86 per lot. The amount shall be paid prior to final plat approval for each phase, based on the number of lots proposed for each final plat application. WHEREAS, the Auburn City Council approved the Subdivision on April 15, 2004 (Resolution No. 3718) and adopted the Hearing Examiner's decision by reference; NOW, THEREFORE, in consideration of the City of Auburn's waiver of the requirement for dedication of park and recreation land and the other mutual benefits and conditions set forth below, the parties hereto agree as follows: 1. Developer has voluntarily elected to meet the applicable City park and recreation land dedication requirements by entering into this agreement and shall provide a fee in lieu of dedication equal to the amount of$I,086.86 per lot of the Subdivision. 2. The amount for each phase of the Subdivision shall be paid prior to final plat approval for that phase, based on the number of lots proposed for each final plat application. 3. The parties agree that the fee in lieu shall be expended to fund the capital improvements set forth in Exhibit B attached hereto and incorporated by reference. 4. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. Either party may request changes to the 1 Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 5. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit, which shall be fixed by the judge hearing the case and such fee shall be included in the judgment. 6. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Developer, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. ~ Evann LLC ') trfJD~ --1t1~;tr by: iA.!JAf>-;: -r t/-v 1../ Aft:'- OtvN..{1t /Jt?1"'1<i/l3~/~ ATTEST: ~~lli ~~----../ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: 2 Exhibit A LEGAL DESCRIPTION THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE W.M., IN AUBURN, PIERCE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: EXCEPT THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE SOUTHEAST CORNER OF THE ABOVE SAID SUBDiVISION; THENCE NORTH ALONG THE EAST LINE THEREOF TO THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE WEST ALONG THE NORTH LINE OF SAID SUBDIVISION 470 FEET; THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO THE POINT OF BEGINNING. ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO PIERCE COUNTY FOR LAKE TAPPS PARKWAY EAST UNDER STATUTORY WARRANTY DEED RECORDED MARCH 12, 1997 UNDER RECORDING NUMBER 9703120171. ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 9906021036. ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 200408230449. SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON. 3 Exhibit B The funds from this agreement shall be used to fund capital improvements to one or more of the following facilities, as set forth in the City of Auburn Parks and Open Space Plan. Sunset Park Game Farm Park Lakeland Hills Park Lakeland Nature Area White River Trail Game Farm Wilderness Park 4 Auburn Finance Department 25 W Main Street Auburn WA 98001-4998 -------------------------------- -------------------------------. DEPT#: 447 Suspense 80427.64 80427.64 -------------------------------- -------------------------------. SubTotal: Total: 80427.64 80427.64 -------------------------------. -------------------------------- Check 80427.64 ************ DUPLICATE #003 ************ 8/12/2005 15:38 #0019807/6/3 Thank You