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Home My WebLink About20241021001034, Settlement Agreement & Agreement for Payment of Fee in Lieu of Improvements, MurphyInstrument Number: 20241021001034 Document:AG Rec: $309.50 Page-1 of 7 Record Date:10/21/2024 2:40 PM Electronically Recorded King County, WA Return Address: Auburn City Clerk - City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Settlement Agreement and Agreement for Payment of Fee In Lieu of Improvements Reference Number(s) of Documents assigned or released: ❑Additional reference #'s on page of document Grantor(s) (Last name first, then first name and initials) Auburn, City of Grantee: (Last name first) Murphy, Zachery and Coleen K. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) HILLMANS C D AUBURNDALE DIV # 1 LESS W 189.61 FT OF 10 LESS POR FOR ROW PER DEED REC #20230711001248 Plat Block: 8 Plat Lot: 8 & 10 ❑ Additional legal is on pages XX of the document. Assessor's Property Tax Parcel/Account Number: 333940-0655 ❑ Assessor Tax # not yet assigned Instrument Number: 20241021001034 Document:AG Rec: $309.50 Page-2 of 7 Record Date:10/21/2024 2:40 PM King County, WA Docusign Envelope ID: 17A081 D13-9654-4126-A618-61F076MCE7 WHEN RECORDED, RETURN TO: City of Auburn 25 West Main Street Auburn, WA 98001 Attn: City Clerk DOCUMENT TITLE: Settlement Agreement and Agreement for Payment of Fee -in -Lieu of Improvements REFERENCE NUMBER(S) OF N/A RELATED DOCUMENTS: GRANTOR: City of Auburn, a municipal corporation in the State of Washington GRANTEE: Zachery and Coleen K. Murphy LEGAL DESCRIPTION OF GRANTOR'S N/A PROPERTY: LEGAL DESCRIPTION OF GRANTEE'S Lots 8 & 10, Blk. 8, Auburndale Add. Vol. PROPERTY: 13, P . 62 ASSESSOR'S TAX PARCEL NO. OF N/A GRANTOR'S PROPERTY: ASSESSOR'S TAX PARCEL NO. OF 3339400655 GRANTEE'S PROPERTY: Fee In Lieu Agreement ENG-380, Revised 3/23 Page 1 of 5 FG: 103067749.1 FG: 103067749.1 Instrument Number: 20241021001034 Document:AG Rec: $309.50 Page-3 of 7 Record Date:10/21/2024 2:40 PM King County, WA Docusign Envelope ID: 17A081 D13-9654-4126-A618-61F076MCE7 SETTLEMENT AGREEMENT and AGREEMENT FOR PAYMENT OF FEE IN LIEU OF IMPROVEMENTS THIS SETTLEMENT AGREEMENT AND AGREEMENT FOR PAYMENT OF FEE IN LIEU OF IMPROVEMENTS ("Agreement"), effective as the latest date signed below (the "Effective Date"), is entered into by and between: the City of Auburn, Washington a municipal corporation ("City"), and Zachery and Coleen K. Murphy, a married couple ("Murphys"). The City and Murphys are referred to separately as "Party" and collectively as the "Parties." Recitals A. The Murphys are the owners of property located at 10394 SE 318t" Street, King County Tax Parcel number 3339400655, (the "Property"). B. The Murphys applied for a building permit (BLD24-0004) to construct a single- family dwelling unit on the Property. The Auburn City Engineer and Public Works Director determined that Murphy's permit application triggered provisions of Chapter 12.64A of the Auburn City Code (ACC) requiring them to construct certain public improvements, including without limitation an 18-foot wide driveway apron, 182 lineal feet of 5-foot wide pervious cement sidewalk, 210 lineal feet of vertical curb and gutter, 1 curb ramp at the northeast corner of 104th Ave SE, and a vegetated landscaped strip ("the Improvements") within the right-of-way on SE 318t" Street adjacent to the Property, or pay a fee -in -lieu of constructing the Improvements. C. The Murphys appealed the City Engineer and Public Works Directors' determinations to the Auburn Hearing Examiner, alleging among other things that the requirement that the Murphys' construct improvements or pay a fee -in -lieu violated RCW 82.02.020 and/or constituted an impermissible taking of their property in violation of the 5t" Amendment of the United States Constitution. The City disputes each of the contentions in the Murphys' appeal. D. The City is preparing to solicit bids for construction of the CP 2022 Garden Avenue Project ("the Project"), which will include right-of-way improvements along Garden Avenue and SE 318t" Street. Settlement Agreement Page 2 of 6 FG: 103067749.1 FG: 103067749.1 Instrument Number: 20241021001034 Document:AG Rec: $309.50 Page-4 of 7 Record Date:10/21/2024 2:40 PM King County, WA Docusign Envelope ID: 17A081 D13-9654-4126-A618-61F076MCE7 E. The Parties wish to settle their disagreement through the Murphys' dismissal of their appeal and payment of a fee -in -lieu, City construction of the Improvements as part of the Project, and additional terms and conditions as set forth below. Agreement NOW THEREFORE, in consideration of the mutual promises and other good and valuable consideration, the sufficiency of which is acknowledged by the Parties agree as follows: 1. Construction of Improvements. The City agrees to include the Improvements in the plans and specifications for Project CP2022 Garden Avenue when construction bids are solicited, and to thereafter construct the Improvements as part of the Project. The driveway apron will be constructed as shown on the plans in BLD24-0004 and in compliance with COA Standard Detail T-34.1. During construction of the single-family home under BLD24-0004, the Murphys shall use such driveway apron as the entrance to the Property, and take such necessary steps to protect it against damage. The Murphys will also take necessary and appropriate measures to avoid compacting subgrade material during home construction before the pervious driveway is poured on the Property. 2. Payment. In lieu of constructing the Improvements themselves, the Murphys shall pay to the City eighty-two percent (82%) of the estimated costs to complete the Improvements, which the Parties have determined that is equal to Twenty Thousand and 00/100 Dollars ($20,000.00) ("Fee -in -Lieu"). The Murphys shall make payment to the City Clerk by certified check or wire no later than five (5) calendar days after mutual execution of this Agreement. 3. Use of the Fee -In -Lieu. The City will use the Fee -In -Lieu for construction of the Improvements as part of the CP2022 Garden Avenue Project. If the City does not complete the Improvements within 6 years of the Effective Date, the City will return the Fee -In -Lieu to the Murphys, who will then be responsible for constructing the Improvements. 4. Release. Upon the Murphys' execution of this Agreement and payment of the Fee -In -Lieu, the City releases the Murphys from their obligation to construct the Improvements as part of BLD24-0004. Any future proposal for development on the Property, in lieu of or in addition to the single-family residence proposed in BLD24-0004, shall be subject to all other applicable Auburn City Code requirements for public improvement construction or permit or impact fee payment. Settlement Agreement Page 3 of 6 FG: 103067749.1 FG: 103067749.1 Instrument Number: 20241021001034 Document:AG Rec: $309.50 Page-5 of 7 Record Date:10/21/2024 2:40 PM King County, WA Docusign Envelope ID: 17A081 D13-9654-4126-A618-61F076MCE7 5. Dismissal. Within two (2) calendar days of the Effective Date, the Murphys shall dismiss with prejudice their appeal pending with the Auburn Hearing Examiner in Case Nos. APL24-0002 and BLD24-0004. 6. Other Fees Not Released. The Murphys acknowledge and agree that payment of the Fee -In -Lieu under this Agreement does not release the Murphys from the requirement to pay such other legally -applicable permit and other fees, including but not limited to any impact fees, imposed by ordinance and/or resolution and supported by any legally -required schedule and calculation formula, as may be due as part of BLD24-0004. The Murphys waive any objection to such fees. 7. Release/Hold Harmless/Waiver — The Murphys hereby waive, release and agree to hold harmless the City, its elected officials, officers, employees, Hearing Examiner, consultants and agents, from any and all causes of action, claims, rights, demands, liabilities, obligations, duties, damages, fines, penalties, costs, expenses, and attorneys' fees, of any kind or nature whatsoever, asserted or unasserted, known or unknown, arising out of or in any way related to the City determinations under Ch. 12.64A ACC associated with BLD24-0004, including determinations requiring construction of the Improvements or payment of a fee - in -lieu thereof, and including specifically, but not limited to, any claims under or relying upon RCW 82.02.020, 42 U.S.C. Section 1983, Ch. 64.40 RCW, the United States or Washington State Constitutions, or any other federal, state or local law, regulation, ordinance or policy. The Murphys represent and warrant that they have not conveyed or assigned any claims otherwise subject to release by this Agreement. 8. Right of Entry. The Murphys agree to allow the City, including its contractors, employees, and others as authorized by the City, to enter the Property for the purposes of designing, constructing and inspecting the Improvements, and/or to perform any actions reasonably related thereto. When exercising this right of entry, the City shall exercise reasonable care to preserve, protect or alternatively, adjust existing utility stub -outs existing on the Property. This City right of entry shall automatically terminate when construction of the Improvements is complete. For purposes of this paragraph, construction of the Improvements shall be deemed "complete" when the work is physically complete and the warranty period, if any, has expired. 9. Entire Agreement. This Agreement is the entire Agreement between the Parties, and it supersedes and replaces all prior negotiations, representations, or agreements, whether written or oral, relating to the subject matter of this Agreement. There are no representations, arrangements, understandings, or agreements oral or written, between the Parties relating to the subject matter of this Agreement other than what is expressed in this Agreement. Settlement Agreement Page 4 of 6 FG: 103067749.1 FG: 103067749.1 Instrument Number: 20241021001034 Document:AG Rec: $309.50 Page-6 of 7 Record Date:10/21/2024 2:40 PM King County, WA Docusign Envelope ID: 17A081 D13-9654-4126-A618-61F51D76MCE7 10. Binding Effect. This Agreement will be binding upon the City and the Murphys and their respective heirs, agents, successors, assigns, owners, officers, directors, shareholders, employees, representatives, attorney, insurers, divisions, subsidiaries, affiliates, predecessors, and all persons claiming by, through, or under, or acting by, though, under or in concert with any of them. 11.Amendment. This Agreement may be amended only in writing executed by both Parties to the Agreement or their successors or assigns. 12. Enforcement. The Agreement may be enforced only by the Parties or their successors or assigns and no third party has standing to enforce the terms of this Agreement. 13. Good Faith and Fair Dealing. The parties agree to work together in a spirit of good faith and fair dealing to perform their respective obligations under this Agreement and resolve any disagreements that may arise concerning this Agreement. The parties agree to cooperate fully and to timely execute all supplementary documents and to timely take all additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement, including without limitation any coordination necessary to accommodate concurrent or overlapping construction of CP2022 Garden Avenue and the Murphys' single-family home under BLD24-0004. 14. Compliance with Laws. Each party will comply with all applicable governmental codes, laws, ordinances, regulations, and statutes related to all activities contemplated by this Agreement. 15. Counterpart. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall together constitute one and the same agreement. Counterparts of this Agreement may be executed by a party and delivered to the other parties in a "pdf' file sent to the other parties via email. Photocopies and "pdf' files of any signed counterpart of this Agreement are effective and valid for all purposes as if they were the original signed copy. 16. Construction of Agreement. This Agreement has been jointly drafted by the parties following negotiations between them with the assistance of their respective counsel. It shall be construed according to the fair intent of the entire Agreement and not for or against any party. 17. No Waiver. Any failure by a party to enforce any provision of this Agreement or to require at any time performance by another party of any provision of this Settlement Agreement Page 5 of 6 FG: 103067749.1 FG: 103067749.1 Instrument Number: 20241021001034 Document:AG Rec: 5309.50 Page-7 of 7 Record Date:10/21/2024 2:40 PM King County, WA Docusign Envelope ID: 17A081 DB-9654-4126-A618-6F5D76E7DCE7 Agreement shall in no way affect this Agreement's validity, or any part thereof, and shall not be deemed a waiver of the rights of any party to enforce any provision of this Agreement. 18. Governing Law and Venue/Attorneys' Fees and Costs. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Washington, without regard to its choice of law rules. Venue for any legal action to interpret or enforce the terms of this Agreement shall be in the King County Superior Court. The prevailing party in any such legal action shall be entitled to an award of their reasonable attorneys' fees and costs. 19. Recording. An executed copy of this Amendment shall be recorded among the land records of the King Recorder. [Signatures and acknowledgements follow] CITY OF AUBURN -Docu5i ned by: Y g� Nancy Backus, Mayor APPROVED AS TO LEGAL FORM: Signed by: �aS6W i�u a6, Jason alen City Attorney ZACHERY AND COLEEN MURPHY w--DocuSigned by: By: Zachery I�"urphy By: F6ocuSigned by: " "b j Coleen urphy Settlement Agreement Page 6 of 6 FG: 103067749.1 FG: 103067749.1 DATE: 10/20/2024 DATE: 10/18/2024 DATE: 10/18/2024