HomeMy WebLinkAbout20250418000199 UTILITY EXTENSION AGREEMENT Instrument Number: 20250418000199 Document:AG Rec: $310.50 Page-1 of 8
Record Date:4/18/2025 9:19 AM
Electronically Recorded King County,WA
Return Address:
City of Auburn
Dept of Community Development
25 West Main Street
Auburn,WA 98001-4998
WSC19-0001
King Co. Parcel Number(s)787740-0261
Outside Utility Extension Agreement
(OUTSIDE UTILITY EXTENSION AGREEMENT AND DECLARATION OF COVENANT)
LOTS 17 AND 18, BLOCK 3, SOUTH AUBURN GARDEN TRACTS, ACCODING TO THE PLAT
THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 76, RECORDS OF KING COUNTY
AUDITOR:
EXCEPT THE EAST 80.93 FEET;AND
EXCEPT ANY PORTION LYING WITHIN THE EAT HALF OF SAID LOTS 17 AND 18;
SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON
King Co.Tax Parcel #787740-0261
The Agreement executed herein between the City of Auburn, Washington, a
municipal corporation, hereinafter referred to as "CITY" and Dunedin and Lorna Derro,
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
PROPERTY is legally described in Attachment A, attached and herein incorporated by
reference.The OWNER does hereby petition for and agree to annexation of the PROPERTY
to the CITY, and does hereby agree to the conditions of annexation herein, and does
hereby declare his/her/their covenant.
1. ACKNOWLEDGMENTS AND REPRESENTATIONS
The OWNER does hereby acknowledge and agree 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 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.
Instrument Number: 20250418000199 Roc: S310.50Pugo'2of8
Record Duro:4/1N/2#259d9AM King County,WA
1.4. This Agreement to extend water and sewer services outside the corporate
|imhsof the CITY is authorized hy|���!_��/ v /.�.�|:, '`/ \X' |� '/ \.��.''�and / ' �/��'`/.' `i ���. mnd
shall not he construed asan agreement pursuant tou0 ��' �� '��� '/ '/`, shall not beapplied
hereto. The OWNER hereby acknowledges the authority of the City to enter into utility
extension agreements pursuant to �'' YV [\ |�1.�/- ' ` ,�� o!.'� a»d !//
and as port of the consideration of the City entering into this agreement and the
concessions and accommodations of standards otherwise applicable, the OWNER
covenants not to challenge this Agreement or,the authority under which it was made. The
OWNER also hereby 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 { h )., /m
A`1` The concessions and accommodations negotiated by the parties in this Agreement
included, but are not limited to:
The propertymav develop in accordance with Kinm{buntv land use and zoning
reouirmments' un|essthepronertvisannexedtothedtvandadeve|oPmentpermitis
not vested.
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 C|TYS Comprehensive Plan requires annexation or commitment to
future annexation and compliance with certain other conditions as a prerequisite for tile
extension of utility service outside the corporate limits uf the CITY.
1.7. Washington law recognizes a City/o authority to require an annexation
agreement or a commitment to future annexation as a condition of extending utility
service outside the corporate limits of the CITY consistent with RCVV 54.04.035 and the
provisions ofRCVV35.110l5 through RCVV35.13.11O.
1.8. Extension of utility services beyond CITY limits is subject to the authority
of the King County Boundary Review Board, and said Board reviews such extensions that
are conditioned on annexation nr efforts toward annexation.
1.9. The PROPERTY is located within the[|TY'S POTENTIAL ANNEXATION AREA
for annexation purposes as adopted by the CITY in its Comprehensive Plan pursuant to the
King County and Pierce County Countywide Planning Policies.
1,10. 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.
I.11. The OWNER does hereby acknowledge that 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.
Z. COVENANT FOR ANNEXATION
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Record Date:4/18/2025 9:19 AM King County,WA
The OWNER, in consideration of the CITY'S agreement to provide utility service to
the PROPERTY agree and covenant as follows:
2.1. The OWNER does hereby agree, promise,and covenant that if at any time
the PROPERTY is included within any area which is being considered for annexation to the
CITY, said OWNER does join in said annexation and said OWNER does support any notice
of intent to annex made by the CITY to the King County Boundary Review Board related to
the PROPERTY. he OWNER recognizes an agrees that by signing this Agreement, the
PROPERTY of the OWNER will automatically be included as a property to be annexed in the
event the PROPERTY is within a proposed annexation area.
2.2. 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 the assumption by the area to be annexed of existing CITY indebtedness, the
application to the area to be annexed of the CITY Comprehensive Plan and land use
controls, and such other conditions as the CITY may lawfully impose. The OWNER, for
him/her/themselves and for his/her/their heirs, successors and assigns, agrees and
covenants with the CITY and to the present and future owners of the PROPERTY to which
this covenant relates, that this agreement is to constitute a covenant running with the
land, and shall burden such land that he/she/they shall, whenever so requested, execute
such letters, notices,petitions or other instruments. OWNER agrees to immediately record
this document and specifically advise future interests in the property.
2.3. The OWNER recognizes that the laws of the State of Washington relating
to the annexation of property by a city 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.
2.3.1. The OWNER Further recognizes that other methods of annexation are
allowed under the laws of the State of Washington, including the election method.
2.4. The OWNER understands that the OWNER'S signatures on this Agreement
is an admission that the OWNER understands the certain rights which the OWNER has
regarding the PROPERTY and that the OWNER is willingly waiving such rights in
consideration of receiving the described utility services.
2.5. The OWNER understands and agrees 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.
2.6. The undersigned OWNER of the PROPERTY, on behalf of
himself/herself/themselves, his/her/their heirs, successors and assigns, hereby
designate(s) the CITY as OWNER'S true and lawful attorney-in-fact for the purpose of
signing any petition leading to the annexation of said 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
otherwise as the CITY COUNCIL may direct. This Special Power of Attorney is given for the
valuable consideration of the furnishing of water and/or sewer service by the CITY, and
Instrument Number: 20250418000199 Document:AG Rec: $310.50 Page-4 of 8
Record Date:4/18/2025 9:19 AM King County,WA
this Special Power of Attorney is further given as security for performance of the
annexation covenant obligation set forth herein. This Special Power of Attorney is not
revocable and shall not be affected by the disability of the principal.
2.7. 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.
3. 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:
3.1. Water
Water service is available at 29th 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.
3.2. Sewer
Sewer is available within 29th Street SE from an existing 8" main, with a side
sewer stub extended to the property.
4. General Provisions
The OWNER and the CITY do hereby acknowledge and agree to the
following provisions which apply to the entire Agreement herein.
4.1. 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 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.
4.2. The OWNER agrees to allow CITY, at CITY'S option, plan review and
approval prior to construction, a 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.
4.3. No modifications of the Agreement shall be made unless mutually agreed
upon by the parties in writing.
4.4. 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.
4.5. The terms and provisions of this OUTSIDE UTILITY EXTENSION
AGREEMENT shall inure to the benefit and become binding upon the heirs, assigns and/or
Instrument Number: 20250418000199 Document:AG Rec: $310.50 Page-5 of 8
Record Date:4/18/2025 9:19 AM King County,WA
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.
4.6. 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, or as required by
law. 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.
4.6.1. 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.
4.7. 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, PROVIDED that the extension of utility services by the CITY is
expressly conditioned upon the OWNER's representations and acceptance of the terms of
this Agreement ; and Failure of the OWNER to do so as promised shall terminate any
responsibility on the CITY's part to provide such utility services.
4.8. 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.
Instrument Number: 20250418000199 Document:AG Rec: $310.50 Page-6 of 8
Record Date:4/18/2025 9:19 AM King County,WA
IN WITNESS WHEREOF, the OWNER and the CITY hereto have executed this Agreement as
of this `l day of RVIri , 2025.
CITY OF AUBURN
NANCY BACKUS
MAYOR
APPROVED AS TO FORM:
Taryn Jones
City Staff Attorney
Instrument Number: 20250418000199 Document:AG Rec: $310.50 Page-7 of 8
Record Date:4/18/2025 9:19 AM King County,WA
ATTEST
Shawn Campbell
City Clerk
STATE OF WASHINGTON )
ss
COUNTY OF KING
On this 10t6 day of cr 19 . 2025, before me,the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared NANCY BACKUS and SHAWN CAMPBELL, to me known as the Mayor and City
Clerk, for the City of Auburn, the corporation who executed the within and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said City of Auburn, for the uses and purposes therein mentioned, and on oath
stated that he is authorized to execute said instrument on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the
date hereinabove set forth
SORU /1,1
,.z.r. ,O$��.44,11 NAME
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f k ar �`1 o r Vrn
�, ,�/ .4)1 .'T (Printed Name)
1
fit11 1y6`1m„�\ �.�`�� NOTARY PUBLIC in and for the State of
Washington, residing at 0 f ,Q u nil
MY COMMISSION EXPIRES: 05-Q' y2
Instrument Number: 20250418000199 Document:AG Rec: $310.50 Page-8 of 8
Record Date:4/18/2025 9:19 AM King County,WA
OWNER(S)
Dunedin Derro
'
Lornalperro
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this (-)y ')14 day of \'\iA1 (. 1 , 2025, before me,the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared SDUNEDIN AND LORNA DERRO the OWNERS that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary
act and deed of said OWNERS,for the uses and purposes therein mentioned, and on oath
stated that he is authorized to execute said instrument on behalf of said OWNERS.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the date hereinabove set forth
ASHLEY S WOODIE
• Notary Public NAME
( Commission# 166005
y State of Washington , „ ,,,.....i...�
M Comm, ExpiresA r 16, 2029 R1
Ire l \r {., ( ,
(Printed Name)
NOTARY PUBLIC in and for the State of
Washington, residing at Vrr''1
MY COMMISSION EXPIRES:l \`'a't\ 1\ C'1' "(.),?... 'r