HomeMy WebLinkAboutAgreement between COA and Samout Ros Return Address
City of Auburn
Dept of Community Development
25 West Main Street
Auburn,WA 98001-4998
WSC19-0001
King Co. Parcel Number(s) 787740-0081
Outside Utility Extension Agreement
(PETITION FOR ANNEXATION,ANNEXATION AGREEMENT AND DECLARATION OF COVENANT)
The Agreement is executed between the City of Auburn, Washington, a municipal
corporation ("CITY") and Samout Ros, and the heirs, assigns, and/or successors in interest
of the subject property, ("OWNER"). This Agreement is for and in consideration of the
furnishing of utility service by the CITY to the subject property of the OWNER
("PROPERTY"). The OWNER petitions for and agrees to annexation of the PROPERTY to the
CITY, agrees to the conditions of annexation stated herein, and declares his/her/their
covenant.
1. ACKNOWLEDGMENTS AND REPRESENTATIONS
The OWNER acknowledges and agrees as follows:
1.1. The OWNER is the owner of the PROPERTY, which is located outside the
corporate limits of the CITY.
1.2. The OWNER is seeking Building Permit approval from King County on the
PROPERTY.
1.3. The OWNER has requested the CITY 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 the regulations of 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, RCW 35.91.020 and RCW 35.92.170,and
shall not be construed as an agreement pursuant to RCW 82.02.020. The OWNER hereby
acknowledges the authority of the City to enter into utility extension agreements pursuant
to RCW 35.67.310, RCW 35.91.020 and RCW 35.92.170,
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 (DS) 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 the Board requires that such extension
be conditioned on annexation or efforts toward annexation.
1.9. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION AREA
as shown in the CITY's Comprehensive Plan, which was adopted pursuant to the King
County and Pierce County Countywide Planning Policies.
1.10. The laws of Washington 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 or if an annexation petition
is approved at an election.
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.
2. PROPERTY DESCRIPTION
The PROPERTY is hereby described as follows: . Lot 15 in Block 1 of South Auburn Garden
Tracts,as per plat recorded in Volume 20 of Plats, Page 76, records of King County Auditor;
King Co.Tax Parcel #787740-0081
3. PETITION AND COVENANT FOR ANNEXATION
The OWNER, in consideration of the CITY'S agreement to provide utility service to
the PROPERTY, does petition, agree, promise, and covenant as follows:
3.1. The OWNER does apply and petition for annexation of the PROPERTY to
the CITY and agrees, promises, and covenants that if at any time the PROPERTY is included
within any area that is being considered for annexation to the CITY, this agreement shall
act as the NOTICE OF INTENT TO ANNEX and shall constitute an irrevocable petition for
annexation. The OWNER acknowledges and agrees that the PROPERTY 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 assumption of existing City debt by the area to be annexed,application of the CITY
Comprehensive Plan and land use controls to the area to be annexed, and such other
conditions as the CITY may lawfully impose.
3.3. That the OWNER has certain rights regarding annexation of the PROPERTY
and the OWNER is willingly waiving such rights in consideration of receiving the described
utility services.
3.4. 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.
3.5. The CITY shall be the OWNER'S true and lawful attorney-in-fact for the
purpose of signing any petition leading to the annexation of the 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 the PROPERTY. The CITY may exercise this power through its City
Clerk or as the CITY COUNCIL may direct. This Special Power of Attorney is irrevocable and
shall not be affected by the disability of the principal.
3.6. 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.
3.7. This agreement constitutes a covenant running with the land, and shall
burden such land.
3.8.
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
Water service is available at 29`h Street SE to the north of the parcel from an
existing 12" Main and to the east of the parcel from an existing 6" main. The parcel
may be connected to either main.
4.2. Sewer
Sewer is available within 29th Street SE from an existing 8" main, with a side
sewer stub extended to the property.
4.3 Applicable Development Regulations
The parties agree that the property may develop in accordance with King
County land use and zoning requirements, unless the PROPERTY is annexed to the CITY
and a development permit is not vested.
5. COVENANT NOT TO CHALLENGE AGREEMENT
5.1 The OWNER covenants not to challenge this Agreement or the authority under
which it was made.
5.2 The OWNER also acknowledges that neither this Agreement nor the action of
the CITY to make and/or approve this Agreement constitutes a land use decision
within the meaning and purpose of the Land Use Petition Act (LUPA), pursuant to
Chapter 36.70C RCW.
6. GENERAL PROVISIONS
The OWNER and the CITY acknowledge and agree to the following provisions,
which apply to the entire Agreement.
6.1. 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
an appurtenances, or any other matter. The OWNER and the CITY acknowledge that it is
the OWNER'S responsibility to finance the design, engineering, easements, licenses, and
construction of the utility facilities needed to serve the PROPERTY consistent with CITY
plans and specifications, unless otherwise agreed by the CITY.
6.2. The OWNER agrees to allow CITY, at CITY'S option, plan review and
approval of public improvements prior to construction, as well as opportunities for
reasonable inspection during construction of all public improvements as they are built,
regardless of the ownership of such improvements. OWNER shall reimburse the CITY for
any reasonable costs incurred in such plan review and inspection.
6.3. The OWNER shall make available to the CITY, at its request, all plans,
drawings, and any approvals from regulatory agencies that relate to the sewer and water
facilities.
6.4. No modifications of the Agreement shall be made unless mutually agreed
upon by the parties in writing.
6.5. In the event of violation or breach of the terms of this OUTSIDE UTILITY
EXTENSION 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.
6.6. This agreement does not modify or alter the terms and conditions for the
City furnishing water and sewer service to the PROPERTY, which shall be controlled by the
provisions of the Auburn City Code.
6.7. In any action instituted due to default or breach of any of the provisions
of this Agreement,the non-prevailing party shall pay all reasonable costs and attorney fees
of the prevailing party. It is 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.
6.8. The terms and provisions of this OUTSIDE UTILITY EXTENSION
AGREEMENT shall inure to the benefit and become binding upon the heirs, assigns and/or
successors in interest of the parties hereto and are 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.
6.9. 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.
6.9.1. 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.
6.10. In the event that any term, provision, condition, clause or other portion of
the Agreement is 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.
6.11. 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.
The OWNER warrants that the person executing this document below is (are all)
the person(s) or entities having an interest in the PROPERTY and that the person(s) has
(have) full power to execute this Agreement and bind the PROPERTY.
IN WITNESS WHEREOF, th 0 NER and the CITY hereto have executed this
Agreement as of thisifladay of J , 2019.
CITY OF AUBURN
ANCY BAC US
MAYOR
PROPERTY OWNER
ATTEST
Shawn Campbell
City Clerk
APPRaVEIgliT• FORM:
Steven Gross
City Attorney
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this'll' day of J , 2019, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared NANCY BACKUS and SHAWN CAMPBELL, 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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NAME
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OWNER(S)
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STATE OF WASHINGTON )
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COUNTY OF KING )
On this /Z 7:4day of _ 2019, before me,the undersigned,a Notary
Public in and for the State ash' on, duly commissioned and sworn, personally
appeared SAMOUT ROS the •WNER 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 he is
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 ,
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NOTARY PUBLIC in and f&.1tr_ 6tate of
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MY COMMISSION EXPIRES: Oft CLQ