HomeMy WebLinkAbout02-17-2004 ITEM VIII-B-7*-
ACiTYOF **
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject
Date:
Resolution No. 3693 WSC03-0019
2/11/2004
Department: Planning
Attachments:
Budget Impact:
Resolution No.
3693
Administrative Recommendation:
City Council to adopt Resolution No. 3693.
Background Summary:
Resolution No. 3693 would authorize the issuance of water and sewer availability certificates to Randy
Goodwin for a 4.68 acre parcel zoned R-4 in King County. The site will be used as a single family
subdivision of 18 lots for 16 new homes.
I
PCDC\ORD-RES\ORD 5832
L0317-4
A3.13.8
Reviewed
y Pouncil & Committees:
Reviewed
by Departments
& Divisions:
Arts Commission COUNCIL COMMITTEES:
Building
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Airport Finance
Cemetery
Mayor
Hearing Examiner Municipal Serv.
Finance
Parks
Human Services Planning & CD
Fire
Planning
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Legal
Planning Comm. Other
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Human Resources
Action:
ommittee Approval: YesNo
HYesHNo
Call for Public Hearing
Council Approval:
Referred to
Tabled
Until
Untir _T T—
Councilmember: Singer
Staff: Krauss
Meetin Date: February 17, 2004
Item Number: VI11.6.7
AUBURN * MOIiE THAN YOU IMAGINED
RESOLUTION NO. 3 6 9 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF AUBURN AND SWG CONSTRUCTION.
FOR DEVELOPMENT OF WATER AND SEWER SERVICES
WHEREAS, pursuant to RCW 36.70B.170 through .210, cities are
authorized to enter into agreements for development projects whereby the
development standards, including impact fees, SEPA requirements and
mitigation, design standards, phasing issues, review procedures, vesting
issues, and any other appropriate development requirements, are defined; and,
WHEREAS, SWG Construction has a project that would benefit from
such a development agreement, to meet the particular needs of the intended
development; and,
WHEREAS, pursuant to RCW 36.70B.200, a public hearing before the
Auburn City Council was held on the 9th day of February, 2004, on the
proposed development agreement, at which public hearing those persons
wishing to speak to the issues were afforded an opportunity to do so; and,
WHEREAS, the City Council now makes and enters its findings and
conclusions as follows:
Resolution No.3693
February 11, 2004
Page 1
FINDINGS OF FACT
1. Mr. Goodwin proposes to subdivide a 4.68 -acre parcel into an 18 lot
single-family subdivision on land zoned R4 in King County.
2. Auburn Comprehensive Plan and Pre -Zoning. The property is designated
"Single Family Residential" on the City of Auburn Comprehensive Plan
Map and is pre -zoned by the City as LHR2.
3. Water and sewer service is available at the property. The Public Works
Department has determined that water and sewer service is or can be
made available to the property.
4. The majority of the proposal is consistent with City development
standards. No modification to City development standards was requested
for the proposal by the applicant. The proposal is consistent or has been
revised to be consistent with City development standards.
5. The proposal is consistent with the City Comprehensive Plan. In
accordance with City policy for annexation and expansion of city
services, the proponent has demonstrated that:
• Adequate urban services will be provided to the development;
Development will comply with King County standards for zoning
and permitting; and
• The City shall be allowed to review and inspect construction of all
public improvements, regardless of eventual ownership.
Resolution No.3693
February 11, 2004
Page 2
6. The property cannot be annexed immediately. The property is not
adjacent to existing City limits, and there are several intervening parcels.
The property cannot therefore be annexed immediately.
7. The case file and its contents for WSC03-0019 are incorporated by
reference into this staff report.
8. Request for modification of city standards. No requests for modification
to City standards were made.
CONCLUSIONS
1. The findings of fact indicate that the proposal, if conditioned, is
consistent with City Comprehensive Plan Policy CE -3.
2. The applicant's proposal has met the criteria for the granting of a
water/sewer availability certificate identified in ACC 14.18.070(A); and,
WHEREAS, it is in the public interest and best interests of the City to
enter into such a Development Agreement with SWG Construction for the
Development of water and sewer service.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREWITH RESOLVES as follows:
Section 1. The Mayor and City Clerk of the City of Auburn are hereby
authorized to execute a Development Agreement between the City of Auburn
and SWG Construction for Development of water and sewer to be located
within the City of Auburn, which agreement shall be in substantial conformity
Resolution No.3693
February 11, 2004
Page 3
with the Agreement a copy of which is attached hereto, marked as Exhibit "A"
and incorporated herein by this reference.
Section 2. The Mayor is hereby further authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation, including recording the development agreement with the real
property records of King County, Washington, pursuant to RCW 36.708.190.
Section 3. This resolution shall be in full force and affect upon
passage and signatures hereon.
DATED and SIGNED this day of February 2004.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
Resolution No.3693
February 11, 2004
Page 4
WAM .0190_ Wil= • •'
i-niel B. Hei
City Attorney
Resolution No.3693
February 11, 2004
Page 5
DEVELOPMENT AGREEMENT
(PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT)
Return Address City of Auburn
Planning Dept. 25 West Main Street
Auburn, WA 98001
WSC03-0019
Parcel Number(s) 0921 05-91 58 / 0921 05-91 59
Additional legal on page 12
The Agreement executed herein between the City of Auburn,
Washington, a municipal corporation, hereinafter referred to as "CITY" and SWG
Construction 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 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 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.
WSC03-0019
02/11/04
Page 1
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.
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 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 said Board requires
that such extensions be conditioned on annexation or efforts toward
annexation.
1.9. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION
AREA or URBAN SERVICE AREA for annexation purposes as adopted by the CITY
WSC03-0019
02/11/04
Page 2
in its Comprehensive Plan pursuant to the King County and Pierce County
Countywide Planning Policies.
1.10. 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.
1.11. 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.
1.12. 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: 30605 - 132nd Avenue SE
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. PETITION AND COVENANT FOR ANNEXATION
The OWNER, in consideration of the CITY'S agreement to provide
utility service to the PROPERTY, does hereby petition, agree and covenant as
follows:
WSC03-0019
02/11/04
Page 3
3.1. The OWNER does hereby apply for and petition for annexation of
the PROPERTY to the CITY and thereby agrees, promises and covenants 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 by this
PETITION does provide this NOTICE OF INTENT TO ANNEX and that the petition
referred to herein is irrevocable. The OWNER recognizes and 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.
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 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.
3.3. 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
WSC03-0019
02/11/04
Page 4
value of property within the area proposed to be annexed, sign a petition for
such an annexation.
3.3.1 The OWNER further recognizes that other methods of annexation are
allowed under the laws of the State of Washington, including the election
method.
3.4. 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.
3.5. 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.
3.6 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 said real 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 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.
WSC03-0019
02/11/04
Page 5
3.7 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.
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 and sewer service can be made available to the property.
Water service will require construction of an eight -inch (8") minimum water line
to serve all lots and to provide adequate fire protection. The waterline shall loop
from 130th Ave SE to 132nd Ave SE.
4.2 Installation of sewer will require construction of an eight -inch (8")
gravity sewer main to serve all lots. The sewer main shall extend to and through
the property in a location and with the appropriate easements to be
determined at the time of the FAC (facility extension permit).
4.3. The internal road and cul-de-sac must be completed as a public
street per Auburn City Standards.
4.4. Half -street requirements will be required on both 132nd Ave SE and
130th Ave SE, unless a delay is granted by the Auburn City Council.
4.5. Sidewalk and roads on 130th shall be designed to match and meet
the road design/sidewalk to the north.
4.6. Fire hydrants shall be installed per Auburn City Standards at
(ACC 13.16.060).
WSC03-0019
02/11/04
Page 6
4.7. Any impact fees calculated and paid to King County for either
transportation or park impacts shall be reported to the City of Auburn.
4.8 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
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
WSC03-0019
02/11/04
Page 7
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
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.
WSC03-0019
02/11/04
Page 8
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 day of , 2004.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
WSC03-0019
02/11/04
Page 9
ATTEST:
Danielle Daskam
City Clerk
APPROVED AS TO FORM:
Dan Heid,
City Attorney
STATE OF WASHINGTON )
) ss
COUNTY OF KING
On this day of , 2004, before me,
the undersigned, a Notary Public in and for the State 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.
NAME
NOTARY PUBLIC in and for the State of
Washington, residing at
MY COMMISSION EXPIRES:
WSC03-0019
02/11/04
Page 10
OWNER: SWG Construction
BY REPRESENTATIVE:
Shupe Holmberg, Baima & Holmberg, Inc.
STATE OF WASHINGTON
) ss
COUNTY OF KING
On this day of 2004, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Shupe Holmberg, Baima & Holmberg,
Inc., the Agent of SWG Construction, 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.
(Printed Name)
NOTARY PUBLIC in and for the State of Washington,
residing at
MY COMMISSION EXPIRES:
WSC03-0019
02/11/04
Page 11
ATTACHMENT A
LEGAL DESCRIPTION:
TAX PARCEL 092105-9158. THE NORTH HALF OF THE NORTH HALF OF THE SOUTH
HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. , IN KING
COUNTY, WASHINGTON;
LESS COUNTY ROAD.
TAX PARCEL 092105-9159. THE SOUTH HALF OF THE NORTH HALF OF THE SOUTH
HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY, WASHINGTON;
LESS COUNTY ROAD.
WSC03-0019
02/11/04
Page 12