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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 M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Police Park Board Public Works Legal Planning Comm. Other Public Works 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