HomeMy WebLinkAboutItem VIII-B-8WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subiect Date:
Resolution No. 3715 April 12, 2004
Department: Planning Attachments: Budget Impact:
Resolution No. 3715
Administrative Recommendation:
City Council adopt Resolution No. 3715.
Background Summary:
Resolution No. 3715 would authorize a development agreement between the City of Auburn and Kelly
GarveyFFhomas Bastrom.
PCDC\ORD-RES\RES 3715
L0419-9
A3.13.8 WSC04-0002
R_eviewed by Council & Committees: R_eviewed by Departments & Divisions:
_ Arts Commission C__OUNCIL COMMITTE--S: _ Building _ M&O
_ Airport _ Finance _ Cemetery _ Mayor
_ Hearing Examiner _ Municipal Serv. _ Finance Parks
_ Human Services _ Planning & CD Fire _~ Planning
Park Board _ Public Works E Legal _ Police
~ Planning Comm. _ Other _ Public Works _ Human Resources
Action:
Committee Approval: [~Yes [~No
Council Approval: I lYes I INo Call for Public Hearing __/ /__
Referred to Until / /
Tabled Until / /
Councilmember: Singer Staff: Krauss
Meeting Date: April 19, 2004 Item Number: VIIII.B.8
AUBURN * THAN YOU IMAGINED
RESOLUTION NO. 3 7 1 5
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 THOMAS BASTROM AND KELLY GARVEY
WHEREAS, Thomas Bastrom and Kelly Garvey, owners of property to be
developed and located at 31205 124th Avenue SE within the City of Auburn's Potential
Annexation Area; and
WHEREAS, Application No. WSC04-0002 was submitted to the City of Auburn,
Washington, requesting water and sewer utility services; and
WHEREAS, City of Auburn Comprehensive Plan and policies of the City require,
as a condition of obtaining water and sewer utility services, a legally binding agreement
to comply with appropriate City development standards and public facility specifications;
and
WHEREAS, RCW 36.70B.170 defines such an agreement as a development
agreement; and
WHEREAS, RCW 36.70B.200 requires approval of development agreements
onty after a City has held a public hearing; and
WHEREAS, the City of Auburn City Council has designated the Planning and
Community Development Committee as the appropriate body to hold required public
hearings; and
WHEREAS, after proper notice published in the City's official newspaper at least
ten (10)~days prior to the date of the public hearing, the Planning and Community
Development Committee at a public meeting held on April 12, 2004, conducted a public
hearing on application number W$C04-0002; and
Resolution No. 3715
April 15, 2004
Page 1
WHEREAS, at the hearing the Planning and
Committee in considering the application heard public
evidence and exhibits regarding the development; and
Community Development
testimony and accepted
WHEREAS, the property owner or representative of the owner of the subject
property within the City cf Auburn water and sewer service area understands and
agrees that water utility service to the property may be limited by issues including the
Endangered Species Act (ESA) and actions of other governmental agencies; and
WHEREAS, thereafter, the Planning and Community Development Committee,
voted to recommend to the City Council that it approve the Agreement which provides
for the issuance of water and sewer utility services, subject to conditions as may apply,
and as would be set forth in the development agreement between the parties, and
WHEREAS, based on the findings and conclusions of the staff report, staff
recommended that Planning and Community Development Committee should, in turn,
recommend to the City Council approval of the development agreement which will
enable the issuance of a water/sewer availability certificate to the applicant subject to
the conditions set forth therein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. ,Approval of Development Agreement. The Mayor and City Clerk
of the City of Auburn, Washington, are hereby authorized to execute the Development
Agreement between the City of Auburn and Thomas Bastrom and Kelly Garvey, in
substantial conformity to the Agreement a copy of which is attached hereto, marked as
Exhibit "A" and incorporated herein by reference.
Resolution No. 3715
Apdl 15, 2004
Page 2
Section 2. Constitutionality or Invalidity. If any section, subsection clause
or phase of this Ordinance is for any reason herd to be invalid or unconstitutional such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this Ordinance, as it is being hereby expressly declared that this
Ordinance and each section, subsection, sentence, clause and phrase hereof would
have been prepared, proposed adopted and approved and ratified irrespective of the
fact that any one or more section, subsection, sentence, clause or phase be declared
invalid or unconstitutional.
Section 3. !mplementation, The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to .carry out the directives of this
legislation.
Section 4. Effective Date. That this Resolution shall take effect and be in full
force upon passage and signatures hereon.
Dated and Signed this __
day of ,200
CiTY OF AUBURN
ATTEST:
PETER B. LEWIS, MAYOR
Danielle E. Daskam, City Clerk
APPRQVED AS TO FORM:
' . ' , ity Attorr~...y
Resolution No. 3715
April 15, 2004
Page 3
Exhibit "A" to Resolution Number 3715
DEVELOPMENT AGREEMENT
(PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT)
Return Address City of Auburn
Plannin.q Dept. 25 West Main Street
Auburn, WA 98001
WSC 04-0002
Parcel Number(s) 092105-9042
Additional te_aal on Daqe 11
The Agreement executed herein between the City of Auburn,
Washington, a municipal corporation, hereinafter referred to as "CITY" and
Thomas Baslrom and Kelly Garvey and the heirs, assigns, and/or successors in
interest of cedain property, hereinafter referred to as "OWNER", is for and in
consideration of the furnishing of utility service by the CITY to certain propedy of
lhe 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.
1.2. The OWNER is seeking Shod Subdivision approval from King County
for the PROPERTY.
WSC04-0002
04/15/04
Page 1
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 ta 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 Iaw 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
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
WSC04-0002
04/15/04
Page 2
sewer services to the PROPERTY would be proper upon the fulfilling of all
conditions and covenants herein.
i.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 pady.
2. PROPERTY DESCRIPTION
The PROPERTY is hereby described as follows: 31205 124m Avenue SI]
The PROPERTY is legally described In Attachment A, attached hereto and represented
by reference as if set forth In full. The OWNEI~ warrants that Attachment A is correct as
fully describing subJec! 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:
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, far him/her/themselves and for
his/her/their heirs, successors and assigns, agrees and covenants with the CITY,
WSC04..0002
04/15104
Page 3
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
value of property within the area proposed to be annexed, sign a petition for
such an annexation.
3.3.1 The OWNER fudher 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 cedain 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 fudher 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.
VVSC04-O002
04/15/04
Page 4
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. All applicable deYelopment standards will 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 CtTY, 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.
WSC04-0002
04/15/04
Page 5
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
a legal action is instituted, the pady 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 indemnity 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 wdting and sent by registered or certified
mail, return receipt requested, to the address of the parties set forth below. Any
notice shall be deemed fo 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 padies of interest and
future padies 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 podion of this Agreement,
and the remainder of this Agreement shall be effective as Jf 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 padies to be severable.
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.
///
///
W$C04-0002
04/15/04
Page 6
IN WITNESS WHEREOF, the OWNER and the CITY hereto have executed this
Agreement as of this __ day of ,2004.
CITY OF AUBURN
ATTEST:
PETER B. LEWIS
MAYOR
Danielle Daskam
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
OWNERS: ·
Thomas Bastrom and Kelly Garvey)
Thomas Bastrom
Kelly Garvey
WSC04-0002
04/15~04
Page 7
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 PETEIJ 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 Sta're of
Washington, residing at
MY COMMISSION EXPIRES:
VVSC04-O002
04/15/04
Page 8
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 Thomas Ba$trom and Kelly
the OWNEIJ$ that executed the within and foregoJng instrument, and acknowledged
the said instrument to be the free and voluntary act and deed of said OWNI:R$, for the
uses and purposes therein mentioned, and on oath stated that they are authorized to
execute said instrument on behalf of said OWN~=I~S.
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:
VVSC04-O002
04/15/04
Page 9
ATTACHMENT A
LEGAL DESCRIPTION:
PARCEL NUMBER 092105-9042-02.
42E 5/8 OF S ~,,~ OF N ½ OF N ~,,~ OF NE % OF SW ~ LESS CO RDS & LESS POR PER
REC #99061112,52.
· WSC04-0002
04/15/04
Page 10