HomeMy WebLinkAbout09-06-2005 ITEM VIII-B-11CITY OF
CITY
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: A Resolution authorizing the Mayor and City Clerk to
Date:
execute a Third Amendment to the Lakeland Annexation and Utilities
September 6, 2005
Agreement.
Department: Planning, Building
Attachments: Resolution No. 3908;
Budget Impact: The
and Community Development
Third Amendment to the Lakeland
Agreement includes
Annexation and Utilities Agreement;
provisions for payment of fire
original Agreement and subsequent
and traffic impact fees
amendments
Administrative Recommendation:
City Council adopt Resolution No. 3908.
Background Summary: Evergreen Tucci Partners, LLC, (ETP) is the owner of 77 acres within the 270
acre area that was recently annexed in the city limits of Auburn (annexation became effective: August 15,
2005). Pursuant to City Code, the area was zoned R1 Single Family Residential at the time of annexation.
ETP requested a change in zoning to Planned Unit Development — Lakeland Hills South Special Plan
Area in order to incorporate this area into the PUD as recognized in the City's Comprehensive Plan. The
Examiner's recommendation of approval of the rezone includes a condition that the Lakeland Annexation
and Utilities Agreement should be amended to include this area prior to the zone change becoming
effective.
ETP has acknowledged that even with the addition of 77 acres to the Lakeland PUD, the total dwelling
unit count within the overall project will not exceed the 3408 units anticipated and analyzed within the
Environmental Impact Statement prepared for the project. They also agree that the provisions of the
original Lakeland Annexation and Utilities Agreement, and all subsequent amendments, will be applied to
these properties. The Agreement provides for the collection of a Fire Impact Fee (not collected elsewhere
within the City) and the collection of traffic impact fees at a higher rate than required in the remainder of
the City. The City of Bonney Lake is the water purveyor for this entire area, while the City of Auburn
provides sanitary sewer service.
If the requested rezone and amended agreement are approved, ETP will still need to come back to the
City for approval of a Major Amendment to the Lakeland Hills South PUD Master Plan. That process
involves a public hearing before the Hearing Examiner, who then makes a recommendation to the City
Council, which has the final authority to approve the Major Amendment.
L0906-10
A3.13.20, 03.1
Reviewed by Council & 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
❑ Park Board ❑Public Works
® Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until —/—/—
Tabled Until _/_/_
Councilmember: Norman I Staff: Krauss
Meeting Date: September 6, 2005 1 Item Number: VIII.B.11
AUBURN* MORE THAN YOU IMAGINED
RESOLUTION NO. 3 9 0 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A THIRD AMENDMENT
TO THE LAKELAND ANNEXATION AND UTILITIES
AGREEMENT BETWEEN THE CITY AND EVERGREEN
TUCCI PARTNERS, LLC, APPLYING ALL PROVISIONS OF
THE AGREEMENT TO LANDS ADDED TO THE ORIGINAL
LAKELAND HILLS PLANNED UNIT DEVELOPMENT
WHEREAS, the CITY and THE LAKELAND COMPANY, INC., entered
into the Lakeland Annexation and Utilities Agreement in June 1996, which
agreement was approved by the Auburn City Council under Ordinance 4867;
and
WHEREAS, the Lakeland Annexation and Utilities Agreement was
amended in May 1998, which Amendment to the Lakeland Annexation and
Utilities Agreement was approved by the Auburn City Council under Resolution
2955; and
WHEREAS, the Lakeland Annexation and Utilities Agreement was
further amended in September 2000, which Amendment to the Lakeland
Annexation and Utilities Agreement was approved by the Auburn City Council
under Resolution 3250; and
WHEREAS, in December 2004, the Auburn City Council amended the
City of Auburn Comprehensive Plan to recognize the incorporation of an
additional approximately 77 acres into the Lakeland Hills South Planned Unit
Development; and
Resolution No. 3908
September 1, 2005
Page 1
WHEREAS, the additional 77 acres was annexed into the City of Auburn
corporate limits in August 2005 by Ordinance 5932 and pursuant to Auburn City
Code 18.02.050, said lands were zoned R1 Single Family Residential at the
time of annexation; and
WHEREAS, Evergreen Tucci Partners, LLC., have filed for a rezone of
these 77 acres to Planned Unit Development — Lakeland Hills South Special
Plan Area; and
WHEREAS, the City of Auburn Hearing Examiner conducted a duly
noticed public hearing on the requested zone change on August 9, 2005 and
subsequently issued a recommendation of approval to the Auburn City Council,
with a condition that the Lakeland Annexation and Utilities be amended prior to
the rezone becoming effective; and
WHEREAS, Evergreen Tucci Partners, LLC has acknowledged that the
total number of dwelling units anticipated to be constructed within the expanded
Lakeland Hills Planned Unit Development will not exceed the original projection
of 3408 dwelling units;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of Auburn are
herewith authorized to execute the Third Amendment to the Lakeland
Annexation and Utilities Agreement with Evergreen Tucci Partners, LLC. in
substantially the form of the copy of said Agreement is attached hereto,
Resolution No. 3908
September 1, 2005
Page 2
denominated as Exhibit "A" and made a part hereof as though set forth in full
herein.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This Resolution shall be in full force and effect upon
passage and signatures hereon.
DATED and SIGNED this day of September, 2005.
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
r.�-nr�lr:rar.;rnr�
Resolution No. 3908
September 1, 2005
Page 3
THIRD AMENDMENT TO
LAKELAND ANNEXATION AND UTILITIES AGREEMENT
This Agreement is entered into this _ day of September, 2005 by and between
the CITY OF AUBURN, a municipal corporation organized under RCW Title 35A,
Optional Municipal Code, hereinafter referred to as "CITY" and EVERGREEN TUCCI
PARTNERS, LLC, a Washington limited liability corporation, successor to THE
LAKELAND COMPANY INC., it heirs, successors and assigns and all related entities
and/or owners jointly and severally and their marital communities, including all parties
that have an interest in the property affected by the Third Amendment to the Lakeland
Annexation and Utilities Agreement, whose address is 1302-B Puyallup Street, Sumner,
Washington 98390, herein referred to as "ETP".
WHEREAS, the Lakeland Hills South Planned Unit Development has historically
included approximately 685 -acres of land for the development of a mixed use planned
community consisting of not more than 3,408 dwelling units; and
WHEREAS, the CITY and THE LAKELAND COMPANY, INC., Entered into
the Lakeland Annexation and Utilities Agreement in June 1996, which agreement was
approved by the Auburn City Council under Ordinance 4967; and
WHEREAS, the Lakeland Annexation and Utilities Agreement was amended in
May 1998, which amendment to said Agreement was approved by the Auburn City
Council under Resolution 2955; and
WHEREAS; it is the intent of this Agreement that the Agreement recorded in
Pierce County Washington under Recording No. 9608120131 and amended by the
Second Agreement recorded under Pierce County Recording No. 200010050617 shall
remain in force and effect, except as specifically referenced by this Agreement; and
WHEREAS, said Agreement provides for the payment of traffic mitigation fees,
fire service impact fees, park dedication requirements and general land development
requirements associated with the development of up to 3,408 dwelling units; and
WHEREAS, this Agreement and the requirements for monetary payment to the
CITY under this Agreement were specifically requested by THE LAKELAND
COMPANY, INC., to result in a more marketable development, and ETP affirms any
payments are acknowledged by both parties as being placed in the Agreement unilaterally
and are not considered payments or subject to the provisions of RCW 82.02.02,0; and
WHEREAS, the CITY annexed approximately 270 -acres of land contiguous to
the Lakeland Hills South Planned Unit Development under Ordinance No. 5932 in
August 2005; and
WHEREAS, ETP is a party of interest in seventy—seven (77) acres of said
annexed land, that has come to be commonly known as "Lakeland East"; and
WHEREAS, said ETP and its agent, in anticipation of the aforementioned
annexation applied for and were granted an amendment to the City of Auburn
Comprehensive Plan Land Use designation and a two hundred fifty (250) unit: increase in
the maximum number of dwelling units, approved the Auburn City Council in December
2004 under Ordinance No. 5891; and
WHEREAS, ETP's basis for making the request to amend the underlying
comprehensive plan land use designation was to support an expansion of the Lakeland
Hills South Planned Unit Development; and
WHEREAS, ETP has concluded that based on existing approvals, completed
subdivisions and current projections, only 2,676 dwelling units will be constricted within
the original 685 -acres Lakeland Hills South Planned Unit Development, 732 units less
than the original maximum of 3,408 units; and
WHEREAS, ETP acknowledges that based on current develop hent trends,
projections and the environmental constraints of "Lakeland East", that it has no plans
effectively utilizing the additional units authorized for the "Lakeland East" acreage
referenced under Exhibits "1" and "2" of this Agreement and therefore, the total unit
count for the expanded Lakeland Hills South Planned Unit Development will not exceed
the original 3,408 dwelling units; and
WHEREAS, ETP agrees to amend the official "Lakeland Hills Map" to indicate
the total number of dwelling units projected for the Lakeland Hills South Planned Unit
Development will not exceed 3,408 units and the area of the Lakeland .Hills South
Planned Unit Development has increased by the aforementioned 77 -acres for a total
project area of approximately 762 -acres.
NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE
DERIVED, THE PARTIES AGREE AS FOLLOWS:
1. LAKELAND ANNEXATION AND UTILITIES AGREEMENT
The parties reaffirm the terms and conditions of the Lakeland Annexation and
Utilities Agreement recorded under Recording No. 9608120131, except as previously
amended under separate agreement or specifically amended herein.
This Agreement affects that additional real property identified on the map attached
hereto and incorporated by reference as Exhibit "I" and legally described on attached
Exhibit "2", said real property which will be hereinafter referred to as "Lakeland East".
2. TOTAL DWELLING UNIT CAPACITY.
The total number of dwelling units to be constructed within the expanded Lakeland
Hills South Planned Unit Development shall not exceed 3408 units.
3. REMAINING PROVISIONS
All of the remaining provisions contained in the Lakeland Annexation and Utilities
Agreement as subsequently amended, remain in full force and effect.
ry";fts
Danielle E. Daskam,
City Clerk
TO FORM:
Daniel Heid
City Attorney
CITY OF AUBURN
PETER B. LEWIS
MAYOR
EVERGREEN TUCCI PARTNERS, LLC
BY: INVESTCO FINANCIAL
CORPORATION, MANAGER
Us
Notary for ETP
Notary seal
Exhibit I
Martin D. Waiss
President
Map from Rezone indicating area subject to request and Agreement
To be inserted
Exhibit 2
Legal description
To be inserted
RESOLUTION NO.3 2 5 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURU,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A SECOND AMENDMENT TO LAKELAND ANNEXATION AND
UTILITIES AGREEMENT BETWEEN THE CITY AND EVERGREEN TUCC:I
PARTNERS, LLC., TO PROVIDE FOR A REDUCTION IN TRAFFIC
MITIGATION FEES IN EXCHANGE FOR WHICH EVERGREEN TUCC:l
PARTNERS, LLC., WILL FULFILL THE CITY'S OBLIGATION TO
CONSTRUCT A CERTAIN PORTION OF THE LAKE TAPPS PARKWAY
EAST.
WHEREAS, the CITY and THE LAKELAND COMPANY, INC., entered
into the Lakeland Annexation and Utilities Agreement in June 1996, which
agreement was approved by the Auburn City Council under Ordinance 4867;
and
WHEREAS, the Lakeland Annexation and Utilities Agreement was
amended in May 1998, which Amendment to the Lakeland Annexation and
Utilities Agreement was approved by the Auburn City Council under Resolution
2995;,and
WHEREAS, said agreement provides for the payment of traffic mitigation
fees; and
WHEREAS, the CITY has entered concurrently into a "Preannexation - -
Agreement Between Pierce County and the City of Auburn Relating to the
Construction of Regional Infrastructure and Facilities" with Pierce County which,
Resolution No. 3250
September 5, 2000
Page 1
in part, defines the CITY'S obligations with regard to construction of a portion of
the Lake Tapps Parkway which serves the areas described in the above -
referenced agreements and unincorporated areas to the east; and .,
WHEREAS, EVERGREEN TUCCI PARTNERS, LLC., as the developers
and owners of the property described in the above -referenced agreements,
commonly known as "Lakeland Hills", have agreed to construct the CITY'I3
portion of the Lake Tapps Parkway for a Five Hundred Thousand
($500,000.00) Dollar reduction in traffic mitigation fees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of Auburn are!
herewith authorized to execute the Second Amendment to Lakeland
Annexation and Utilities Agreement with Evergreen Tucci Partners, LLC. A
copy of said Agreement is attached hereto, denominated as Exhibit "A" and
made a part hereof as though set forth in full herein.
Section 2. The Mayor is hereby authorized to Implement such
administrative procedures as may be necessary to carry out the directives of -
this legislation.
Resolution No. 3250
Septan er 5, 2000
Page 2
DATED and SIGNED this � day of September, 2000.
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Resolution No. 3250
September 5, 2000
Page 3
200010050617 9pg
IGONPIEOCON50pp
ERCCOUNTY,
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
Document Title(s) (or transactions contained therein):
�r
�,
9 OC, 6 ft
1. Second Amendment to Lakeland Annexation and Utilities Agreement
Reference Number(s) of Documents assigned or released: NONEZWW*Mk
Grantor(s)Borrower(s) (Last name first, then first name and initials)
CITY OF AUBURN
Grantee/Assignee/Beneficiary: (Last name first)
Evergreen Tucci Partners, LLC
ILegal Description (abbreviated: i.e. lot, block, plat or section, township, range)
SEC 6 TWP 20 N RANGE 5
=;
's Property Tax ParcelfAccount Number
0520061013, 05200810141 05200522038, 0520061015, 0520052039, 0520061016,
0520082010,0520064000,0520063000,0520053001,0520053004,0520053014,
,0520053014,0520053004,0520053014,0520053008,0520053042,0520051032,
,0520051003,0520071001,0520053041,0520062007,0520062027,0520062028,
,0520053030,0520083000,0520064000,0520063008
Tai"
10
SECOND AMENDMENT
1'
LAKELAND ANNEXATION AND UTILITIES AGREEMENT
This Second Amendment to the Lakeland Annexation and
Utilities Agreement is entered into this 54�)' day of
September, 2000 by and between the CITY OF AUBURN, a
municipal corporation of the State of Washington organized
under Title 35A, Optional Municipal Code, whose address is
25 West Main, Auburn, Washington 98001, herein referred to
as "CITY", and EVERGREEN TuCCI PARTNERS, LLC,., a Washington
limited liability corporation, successor to THE LAKELAND
COMPANY, INC., and EVERGREEN TUCCI PARTNERS, LLC, heirs,
successors and assigns and all related entities and all
shareholders, and/or owners, jointly and severally and
their marital communities, including all parties that have
an interest in the property affected by this Second
Amendment to Lakeland Annexation and Utilities Agreement,
whose address is 1302-B Puyallup Street, Sumner, Washington
98390, herein referred to as ^EVERGREEN/TUCCIN.
------------------------------------------
HXHIBIT "A" to Resolutiow"60
Second Amendment to Lakeland Annexation
and Utilities Agreement
September 2000
Page l
WHEREAS, the CITY and THE LAKELAND COMPANY, INC.,
entered into the Lakeland Annexation and Utilities
Agreement in June 1996, which agreement was approved by the
Auburn City Council under Ordinance 4867; and
WHEREAS, the Lakeland Annexation and Utilities
Agreement was amended in May 1998, which Amendment to the
Lakeland Annexation and Utilities Agreement was approved by
Auburn City Council under Resolution 2955; and
WHEREAS, said agreement provides for the payment of
traffic mitigation fees; and
WHEREAS, the CITY has entered concurrently into a
"Preannexation Agreement Between Pierce County and the City
of Auburn Relating to the Construction of Regional
Infrastructure and Facilities' with Pierce County which, in
part, defines the CITY'S obligations with regard to
construction of a portion of the Lake Tapps Parkway which
serves the areas described in the above -referenced
agreements and unincorporated areas to the east; and
WHEREAS, EVERGREEN/TUCCI, as the developers and owners
of the property described in the above -referenced
agreements, commonly known as "Lakeland Hills', have agreed
------------------------------------------
EXHIBIT "A' to Resolution 3250 -
second Amendment to Lakeland Annexation
and Utilities Agreement
September 2000
Page 2
to construct the CITY'S portion of the Lake Tapps Parkway
for a Five Hundred Thousand ($500,000.00) Dollar reduction
in traffic mitigation fees.
NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE
DERIVED, THE PARTIES AGREE AS FOLLOWS:
I. LAKELAND ANNEXATION AND UTILITIES AGREEMENT AND
AMENDMENT TO LAKELAND ANNEXATION AND UTILITIES AGREEMENT:
The parties hereto reaffirm the terms and
conditions of the Lakeland Annexation and Utilities
Agreement as amended by the Amendment to Lakeland
Annexation and Utilities Agreement under Recording No.
9608120131 and Recording No. 9805210624, respectively,
except as specifically amended herein.
2. TRAFFIC MITIGATION FEES.
2.(a) Contribution Toward Lake Tapps Parkway East.
In the Preannexation Agreement Between Pierce
County and the City of Auburn Relating to the Construction
of Regional Infrastructure and Facilities, the CITY has
agreed to pay no more than Five Hundred Thousand
------------------------------------------
MIBIT `A' to Resolution 3250
Second Amendment to Lakeland Annexation
and Utilities Agreement
September 2000
Page 3
($500,000.00) Dollars toward the construction of Lake Tappa
Parkway East,
2.(b) Reduction in Traffic Mitigation Fees.
In exchange for a reduction in the amount of traffic:
mitigation fees to be collected by the CITY under Section
11 of the Amendment to Lakeland Annexation and Utilities
Agreement, TUCCI/EVERGREEN agrees to be responsible to
fulfill the CITY'S obligation as described in Section
4.0(10) of said agreement, which section is denominated)
herein as Attachment 1 and is by this reference
incorporated herein.
The CITY agrees that it will collect sixty-five (658)
percent of the amount of traffic mitigation fees as
required by Section 11 of the Amendment to Lakeland
Annexation and Utilities Agreement until the amount
collected by the CITY totals Nine Hundred Twenty-eight
Thousand Five Hundred Seventy-one ($928,571.00) Dollars
after which the full amount of the traffic mitigation fees
will be collected.
------------------------------------------
EXHIBIT "A• to Resolution 3250
Second Amendment to Lakeland Annexation
and Utilities Agreement
September 2000
Page 4
2.(c) Posting of Financial Security.
EVERGREEN/TUCCI agrees to post a bond or some
other financial security in the amount of Five Hundred
Thousand ($500,000.00) Dollars to ensure completion of
EVERGREEN/TUCCI'S obligation as described in Section.
4.0(10) of the Preannexation Agreement between Pierce
County and the City of Auburn Relating to the Construction
of Regional Infrastructure and Facilities which is
contained in Attachment 1 hereto.
2.(d) Effective Date.
This Second Amendment to Lakeland Annexation and
Utilities Agreement does not become effective until the
Preannexation Agreement Between Pierce County and the City
of Auburn Relating to the Construction of Regional
Infrastructure and Facilities is fully executed and
effective and Five Hundred Thousand ($500,000.00) Dollars
financial security is posted as required herein and
accepted by the CITY.
------------------------------------------
EXHIBIT W to Resolution 3250
Second Amendment to Lakeland Annexation
and Utilities Agreement
September 2000 -
Page 5
3. REMAINING PROVISIONS.
All of the provisions remaining which are contained in
the Lakeland Annexation and Utilities Agreement and the
Amendment to Lakeland Annexation Utilities Agreement
referenced above remain in full force and effect.
CITY OF AUBURN
C`► (, Qotp
CHARLES A. BOOTH
MAYOR
ATTEST -
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM;
Michael J. Reynolds,
City Attorney
---------- -------------------------------
E7CHIBIT W to Resolution 3250
Second Amendment to Lakeland Annexation
and Utilities Agreement
September 2000
Page 6
EVERGREEN TUCCI PARTNERS, LLC
BY% LAKELAND COMMUNITIES, LLC
MANAGER
By:
Mar?anager alas
Co-
STATE OF WASHINGTON )
PIS ) ss
COUNTY OF PW )
On this A br day of September, 2000, before me, the
undersigned, a Notary Public in and for the State of
Washington, personally appeared MARTIN D. WAISS, to me
known to be the individual described in and who executed
the within instrument and acknowledged that he has the
authority to sign for and bind LAKELAND COMMUNITIES, LLC,
AND EVERGREEN TUCCI PARTNERS, LLC, and acknowledges that
entering into and executing this agreement is the free,
voluntary and authorized act of LAKELAND COMMUNITIES, LLC,
AND EVERGREEN TUCCI PARTNERS, LLC, for the uses and
Purposes therein mentioned.
------------------------------------------
EXHIBIT •A^ to Resolution 3250
Second Amendment to Lakeland Annexation
and Utilities Agreement
September 2000
Page 7
GIVEN UNDER my hand and official seal the date
hereinabove set forth.
.r .�ppAER�i Qk�sro c n,u. nrl
G+ NOTARY PUBLIC in and for the State
v:
NOTA RY":N: cif Washington, residing at
—r . r- _ cn _ P/kct
=N� ; PUBLIC MY COMMISSION expires:
J
------------------------------------------
EXHIBIT `A" to Resolution 3250
Second Amendment to Lakeland Annexation
and Utilities Agreement
September 2000
Page 8
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RESOLUTION NO. 2 9 5 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OCLERK �FQ ,JNUBURN,
WASHIFIRSTNAMENDMENT TOIZr'nxFLAND ANNEXATION AND UTILITIES AGREXECUTE
EEMENT
BETWEEN THE CITY AND THE LAKELAND COMPANY, INC.
WHEREAS, the City and The Lakeland Company, Inc. have
previously entered into the Lakeland Annexation and Utilities
Agreement in June, 1996; and
WHEREAS, disputes arose between the parties on the
interpretation and enforcement of the said Agreement and the
parties now desire to resolve any disputes with respect to
that Agreement and with respect to all claims and obligations
between the parties arising from events which pre -date the
execution on of this Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS;
Section 1. The Mayor and City Clerk of the City of
Auburn are herewith authorized to execute First Amendment to
Lakeland Annexation and Utilities Agreement with The Lakeland
Company, Inc. A copy of said Agreement is attached hereto,
denominated as Exhibit "A" and made a part hereof as though
set forth in full herein.
-----------------------
Resolution No. 2955
April 29, 1998
Page 1
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Section 2. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
DATED this 4t" day of May, 1998.
ATTEST:
uarrielle E. Daskam-,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
-----------------------
Reaolution No. 2955
April 29, 1999
Page 2
CITY OF AUBURN
. �a
CHARLES A. B TH
MAYOR
`` �1`�10�yCrE�CM, N/A
V.JLlU4L't
5-21-1999 01.49 att
Fee AAt: "57.00
AUDITOR'S NOTE
LeOIB M FOR RECOWNG AND COMMS UN-
SATISFACTORY M A PORTION OF THIS MSTAU-
NErfT WHEN RECBYED
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
Ktt:VKDEK'S COVER SHEET
nent Tide(a) (or transactions contained therein):
Amendment to Lakeland Annexation and Utilities Agreement
Reference Number(s) of Documents assigned or released: NONE
®Additional reference S's on page _3_ of document
Grantee (Last name first, then first name and initials)
1. The Lakeland Company
2.
3.
Grantor: (Last name first)
1. AUBURN, CITY OF
2.
3.
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
SEC 8 TWP 20 N Range 5
Additional legal is on page 31 of document.
Assessor's Property Tax Parcel/Account Number: OSM1012, 0520051013, 0520001014,
0520052035,0520061015,0520052039,0520051015.0520052005,0520052010,05200&1000.0520063000,0520053001.
0520053004,0520053014,0520053004,0520053014,0520053001,0520053014.0520053005,0520053042, 0520051032,
0520051001.0520p51003.0520071oo1,0520053041,0620052OD7.052pp52p27.0520062028,0520053036, 0520053030,
0520053000.0520064000,0520060=
D Awe3wr Tax N not Yet assioned
I
9805210694
_I
,
AMENDMENT
TO
LAKELAND ANNEXATION AND UTILITIES AGREEMENT
Jf
THIS AGREEMENT made and entered into this / /'' day of
1998, by and between the CITY OF AUBURN, a
municipal corporation, organized under Title 35A, Optional
Municipal Code, hereinafter referred to as "CITY" and THE
LAKELAND COMPANY, INC., a Washington corporation, its heirs,
successors and assigns and all related entities and all
shareholders, and/or owners, jointly and severally and their
marital communities, including all parties that have an
interest in the property affected by this Agreement, herein
referred to as "TLC".
WHEREAS, the parties to this Agreement have previously
entered into the Lakeland Annexation and Utilities
Agreement, referred to as "PRE-ANNEXATION/UTILITIES
Lakeland -Resolution No. 2955, Exhibit"A"
May 6, 1998 Pagel tc/asree/m)r-finat)
9805210624
AGREEMENT" in June, 1996, which agreement was approved by
Auburn City Council under Ordinance No. 4867; and
WHEREAS, disputes arose between the parties on the
interpretation and enforcement of the Pre-
Annexation/Utilities Agreement referred to above, and the
parties desire to resolve any disputes with respect to all
claims and obligations between the parties arising from
events which pre -date the execution of this Agreement; and
WHEREAS, the parties desire to end all disputes and
claims, including any and all claims for damages, attorney
fees and costs arising from events which pre -date the
execution of this Agreement; and
WHEREAS, the parties have engaged in numerous meetings
to resolve all issues between the parties and this Agreement
reflects a compromised position between the parties for the
purposes of attaining a complete settlement; and
WHEREAS, it is the intent of this Agreement that the
agreement entitled Lakeland Annexation and Utilities
Agreement, recorded under Recording No. 9608120131 shall
remain in force and effect except as specifically amended by
this Agreement; and
WHEREAS, the parties acknowledge that a dispute existed
between the City of Bonney Lake and the CITY with respect to
Lakeland -Resolution No. 2955, Exhibit "A"
May 6, (998 Paget (c/agree/mjr•fjmti
99052LOG24
water service, which dispute has been settled between the
City of Bonney Lake and the CITY and in such settlement
comments were taken from TLC and incorporated into the ficial
Settlement Agreement between the CITY and Bonney Lake; and
WHEREAS, it is the intent of the parties that the CITY
proceed with the annexation of the TLC property and that TLC
develops that property which is either annexed or will be
annexed in accordance with the standards and land use
polices and procedures of the CITY; and
WHEREAS, this Agreement and the requirements for any
monetary payment from TLC to the CITY under this Agreement
were specifically requested by TLC to result in a more
marketable development for TLC and any payments are
acknowledged to be not requested by the CITY but placed in
the Agreement by TLC unilaterally and is not considered
payment under RCW 82.02.020; and
WHEREAS, the parties acknowledge that TLC, in
cooperation with the State of Washington and other local
government units, other than the City of Auburn, is
proceeding with the construction of the certain portions of
the Lake Tapps Parkway East, as defined in a mitigation
agreement executed between Pierce County and TLC and that
the CITY has no responsibility to construct, make any
Lakeland -Resolution No. 2955, Exhibit "A"
May 6, 1998 Page3 is/spree/njr-tiroU
9805210624
payments nor guarantee in any way any obligations for the
construction of TLC's portion of the Parkway project.'
However, the parties acknowledge the importance of this
construction project to TLC and that the execution of this
Agreement is vital to TLC's ability to secure financing for
its construction, and understand that the sole purpose of
the expedited handling of this Agreement is to obtain a
resolution of disputes prior to May 4, 1998. May 4, 1998 is
a TLC funding date which requires this Agreement for TLC to
obtain the necessary funding to construct this roadway; and
WHEREAS, the parties acknowledge the existence of an
Agreement referred to as the "Crabtree Agreement" and agree
that the settlement provisions in this Agreement settle all
disputes including but not limited to any claims that TLC
may have as a successor under the Crabtree Agreement; and
WHEREAS, the Crabtree Agreement and all its terms,
including those terms relating to customer equivalent
charges for services, expire on June 6, 1998; and
WHEREAS, the parties agree that TLC has had input with
regard to the resolution of the CITY and the City of Bonney"
Lake dispute and agree that the settlement provisions in
this Agreement settle any claims TLC may have against the
CITY with respect to water, including but not limited to the
Lakeland -Resolution No, 2955, Exhibit"A"
May 6, 1998 Page4 tc/agree/sir•fireU
9805210624
providing of water, the providing of water pressure, fire
flow or any other claims related to the water utility.
NOW, THEREFORE, 13ASED UPON MUTUAL COVENANTS TO 'BE
DERIVED, THE PARTIES AGREE AS FOLLOWS:
1. LAKELAND ANNEXATION AND UTILITIES AGREEMENT;
The parties reaffirm the terms and conditions of
the Lakeland Annexation and Utilities Agreement recorded
under Recording No. 9608120131, except as specifically
amended herein.
This Agreement affects that real property identified
on the map attached hereto and incorporated by reference as
Exhibit "1" and legally described on attached Exhibit "2",
hereafter referred to as "TLC Property".
3. DEVELOPMENTAL APPROVALS FROM PIERCE COUNTY;
The parties acknowledge that as provided in the
PRE-ANNEXATION/UTILITIES AGREEMENT, paragraphs 2.2,2.9,2.13,
and 4.1, prior to annexation of the subject project TLC,
must obtain developmental approvals from Pierce County and
in so doing agrees to comply with the Pierce County
requirements and the CITY standards and land use polices and
procedures.
In the event that the imposition of CITY standards
on a development application submitted to Pierce County for
Lakeland -Resolution No. 2955, Exhibit "A"
May 6, 1998 Pages is/agree/uir-fimaU
9805210624
an area not yet annexed to the CITY would result in the
denial of the application by Pierce County, then the Pierce'
County standard will prevail. The CITY agrees to provide
sewer service consistent with the terms and conditions of
this Agreement.
4. POLICE AND FIRE SERVICES:
Upon annexation the CITY will provide to the area
annexed, police and fire services that it provides to its
other citizens. Fire service shall be provided to the
annexed property provided that TLC has met all requirements
of ACC Titles 15, and Chapter 13.16 as it relates to fire
flow, and provided that the CITY may contract fire services
if it cannot practicably provide fire service to some of the
annexed area. Sprinklers shall be required for multifamily
and commercial development. Sprinklers shall be required
for single-family residential development only if necessary
to satisfy the CITY's fire flow standards as described in
Title 15.
S. PARKS:
Paragraph 4.5, "Parks", of the PRE -ANNEXATION/
UTILITIES AGREEMENT, is amended to read as follows:
Lakeland -Resolution No. 2955, Exhibit "A'
May 6, 1999 Page6 [c/agr"Mir-final)
9805210624
4.5(a) TLC shall dedicate to CITY, one
developed 15 -acre park, one undeveloped 15 -acre park, two
developed 5 -acre parks, and a linear park along Lakeland
Hills Way for a total of approximately 42.91 acres.
4.5(b) The parks will be located as indicated
on Exhibit 1. Except for the linear park and Park P4, the
topography and soil conditions shall be approved by the CITY
to ensure each site is suitable for active park use. The
CITY has reviewed Park P4 and agrees to accept this
undeveloped park "as is". The park locations indicated on
Exhibit 1 are acceptable to the CITY. However, the parties
acknowledge that in order to locate the parks where
indicated on Exhibit 1, TLC must obtain a major amendment
approval pursuant to Pierce County Code. TLC agrees to
process the major amendment application by submitting an
application to the CITY and Pierce County concurrently
within 30 -days of execution of this Agreement. While
reserving the right to review any other aspects of the major
amendment, the CITY agrees not to object to the proposed
park locations.
4.5(c) As soon as reasonably possible upon
legal segregation, but no later than six months after
approval of the preliminary plat for Lakeland Division one,
Lakeland -Resolution No. 2955, Exhibit "A"
May 6, 1998 Page 7 to/agrae/nlr-final]
9805210624
TLC shall dedicate Park P4 to the CITY. The linear park
depicted on Exhibit 1 shall be designed to standards
approved by the CITY Parks Director and shall be develoled
concurrent with construction of Lakeland Hills Way. The
CITY agrees that TLC's commitment to dedicate Park P4 and
the linear park, as described in this Agreement, satisfies
the CITY's concurrency and mitigation requirements for
issuance of 800 residential building permits. Prior to the
issuance of residential building permits for 801 dwelling
units within the PUD, TLC shall develop and dedicate Park P2
to the CITY or make arrangements for dedication and use
acceptable to the CITY as necessitated by financing. CITY
and TLC agree that upon dedication of Parks P2 and P4, TLC
shall have satisfied concurrency requirements for the
issuance of residential building permits for a total of
2,173 dwelling units. Thereafter, prior to the issuance of
residential building permits for dwelling units in excess of
a total of 2,173, CITY and TLC agree that additional park
improvements must be dedicated to CITY (or the land
dedicated, the improvements bonded, and an improvement
schedule agreed upon) consistent with the formula described
below:
Lakeland -Resolution No. 2955, Exhibit "A"
May 6, 1998 Page 8 (c/agree/mir-finali
The ratio of improved parks required per thousand
Population shall be calculated based upon the following
mathematical assumptions:
3,408 units approved in Lakeland South
42.91 acres of both improved and
unimproved parks required
2.8 residents per household assumed for
conversion of people to units
Accordingly the ratio of improved park required
per thousand population shall be calculated as follows:
Total (42.91 acs / (3408 x 2.8 = 9542)) =
4.5 acres combined parks/1000
population
Less (15.0 acs / (739 x 2.8 = 2069)) = 7.25
acres of unim roved ark/1000
(27.91 acs (2669 x 2.8 = 7473)) = 3.73 acres
of unimproved park/1000
Based upon the foregoing calculations, TLC shall
be entitled to the issuance of 95.62 residential building
permits for each acre of improved park dedicated to the CITY
(or unimproved/bonded park) dedicated to the CITY.
4.4 TLC and CITY shall work cooperatively in
development of specific plans that meet CITY park standards.
Each party shall respond promptly to proposals and -
submittals relating to the design and construction of park
improvements. The CITY reserves final approval authority of
park plans and CITY approval must be granted prior to
Lakeland -Resolution No. 2955, Exhibit "p"
May 6,1998 Pa8e9 [c/a9ree/mjr-HMt3
9805210624
construction. The level of improvements required in Parks
P1, P2 and P3 shall be based upon $1.82 per square foot of
total park areas for P1, P2 and P3. The cost per squzrre
foot is based upon improvements made to Lakeland Hills Park
in 1992 and the improvements shall be made at that rate
adjusted by Consumer Price index from 1992 until the date of
Park plan approval by the CITY. The CITY has the right to
distribute improvement funds between and among the Parks but
in any event, TLC's financial obligation shall not exceed
the total per square foot cost as specified above.
4.5(d) The CITY shall assume the responsibility
for proper maintenance of the parks dedicated to it,
provided, however, that the CITY may allow TLC to provide
additional maintenance within parks dedicated to the CITY
with the CITY's written consent. Except for Park P4, TLC
must give CITY 1 -year notice prior to dedication of any park
land to the CITY.
4.5(e) TLC and/or appropriate homeowner
associations, agree to develop, own, maintain, repair, and
pay real estate taxes and assessments (if any) on all other
park areas indicated on Exhibit 1 which are less than five
acres in size.
Lakeland -Resolution No. 2955, Exhibit "A -
May 6, 1998 Page to [e/agree/OJr-f[na17
4.5(f) The CITY agrees that TLC's satisfactory
performance of the terms contained in this Section of the
Agreement shall constitute full and complete satisfaction 75f
the CITY's park standards and requirements and shall be
deemed to meet all park mitigation and concurrency
requirements for the development of the TLC Property.
4.5(g) TLC agrees that any park impact fees
paid to Pierce County pursuant to Pierce County requirements
will not affect or reduce the park commitments to the CITY
contained in this Agreement.
4.5(h) In addition to the parks referenced in
this Section, TLC agrees to develop recreational trails
within the relocated power line haul road depicted on
Exhibit 1 pursuant to a design and construction schedule to
be mutually determined by CITY and TLC. Upon completion of
trail construction, maintenance of this recreational trail
shall be the responsibility of the CITY.
6. INSPECTING AGENCY:
A building permit that has been issued by Pierce
County shall be inspected by Pierce County even if the
subject property is annexed after permit approval. Building
permits approved by the CITY shall be inspected by the CITY.
Lakeland -Resolution No. 2955, Exhibit "A"
May 6, 1998 Page 11 lc/agree/njr-finat]
9805210624
7. COVENANT RUNNING WITH THE LAND:
The parties agree that this Agreement is a
covenant running with the land and is binding and benefiting
the TLC Property. In order to insure that purchasers of
homes, rental, commercial or other properties may obtain
title free of the encumbrances of this Agreement, the
issuance of a building permit for such property shall be
satisfactory evidence of compliance with all provisions of
this Agreement.
8. SCHOOL IMPACT FEB ORDINANCE:
The parties acknowledge that at the request of the
Dieringer School District, and without objection by TLC, the
CITY has enacted a School Impact Fee Ordinance. TLC agrees
not to challenge the School Impact Fee Ordinance and agrees
not challenge any school impact fees up to $1425 for single-
family and $750 for multifamily. The CITY reserves the
right to increase the above fees in the future, TLC reserves
the right to challenge any school impact fees which exceed
the above stated amounts.
9. PROTOCOL FOR SUBMISSION OF APPLICATIONS:
Paragraph 4.1(b) of the PRE-ANNEXATION/UTILITIES
AGREEMENT is amended as follows -
Lakeland -Resolution No. 2955, Exhibit -A"
May611998 Page 12 tc/agree/wjr-firall
9805210624
For TLC Property not yet annexed, and therefore
under Pierce County jurisdiction, development applications
shall be submitted to Pierce County. However, TLC agrees -Lo
simultaneously submit all such applications, except single-
family building and grading permits, to the CITY. Except as
provided in paragraph 2 of this Agreement, TLC agrees to
comply with all applicable CITY standards and land use
polices and procedures as determined by City Planning
Director. Failure to comply with the provisions of this
paragraph shall be determined a "Default" of this
Agreement. To assure such compliance, TLC agrees to pay to
CITY liquidated damages in the amount of $1,000 per day for
each day that development is in Default. Notwithstanding
any other provision of this Agreement, the liquidated
damages shall not begin to accrue if the Default is cured
within thirty (30) days from the date that the CITY mails or
delivers written notice of the Default to The Lakeland
Company, PO Box 3866, Bellevue, Washington 98009 If any
Default is capable of being cured and the cure cannot be
reasonable completed within the thirty (30) day cure period,_
the cure period shall be extended up to ninety (90) days so
Lakeland -Resolution No. 2955, Exhibit "A"
May 6, 1998 Page 13 to/agree/njr-final]
9805210624
long as TLC has commenced action to cure within the thirty
(30) day cure period and is proceeding to cure the Default
with due diligence.
The decision of the CITY Planning Director may be
appealed to the CITY Hearing Examiner within thirty (30)
days from the date written decision. The day of filing of
the appeal to the Hearing Examiner shall stay accrual of the
liquidated damages. The stay of damages shall be released
on the effective date of the Hearing Examiner's written
decision. If the Hearing Examiner's decision is appealed,
pursuant to paragraph 5.3 of the PRE-ANNEXATION/UTILITIES
AGREEMENT, accrual of liquidated damages shall be stayed
again until a written decision is issued by the
mediator/arbitrator pursuant to provisions of Section 5.3 of
the PRE-ANNEXATION/UTILITIES AGREEMENT. However, in no
event shall any stay following appeal of the Hearing
Examiner's decision exceed ninety (90) days.
Those permit applications filed with Pierce County
which are considered complete and approved by Pierce County
before annexation shall be built in compliance with .the_
conditions placed upon it by Pierce County and pursuant to
the conditions of this Agreement.
Lakeland -Resolution No. 2955, Exhibit "A"
May 6, 1998 Page 14 iNagree/mir-finati
9805210624
10. RELEASES:
The parties to this Agreement hereby release,
discharge, resolve and settle any and all claims arising
from events which pre -date the execution of this Agreement
including their officials, employees, staff, consultants,
shareholders, owners, attorneys, and including attorney fees
and costs, including but not limited to claims involving
providing of water or other utilities and any claims that
TLC may claim to have under the Crabtree Agreement. This
Agreement is not intended to waive or release any claims or
address any disputes or potential disputes that TLC may have
with the City of Bonney Lake.
11. TRANSPORTATION:
Paragraph 4.3 of the PRE-ANNEXATION/UTILITIES
AGREEMENT is replaced in its entirety by the following:
TLC agrees to pay the CITY at the time a building
permit is issued by either CITY or Pierce County, the
following:
(1) $839.57 per detached
single-family residential unit,
(2) $544.94 per attached
single-family or multifamily unit,
(3) $187.26 per
residence for residential units
within the senior housing zone, and
Lakeland -Resolution No. 2955, Exhibit "A"
May 6, 1998 Page 15 tongree/air-finau
9805210624
(4) $2.18 per gross foot
Of commercial or retail structures.
For building permits which are issued by Pierce
County prior to execution of this Agreement, TLC shall pay
the above amounts for such permits within 30 days of
execution of this Agreement.
The fee amounts described above shall be adjusted
to reflect the increase in the Consumer Price Index for the
Seattle -Metropolitan area beginning as the base year Janua.ry
1, 2000 and on January 1" each year thereafter the
percentage difference of each year shall equal the
adjustment
Payment of these fees shall constitute complete
satisfaction of any transportation mitigation and
concurrency requirements for the development of the TLC
Property.
TLC agrees that all streets shall be constructed
consistent with CITY standards including design criteria,
construction specifications, operational criteria, and
approved engineering submittals, except that the CITY may.
agree to modify the standards for private streets.
The parties acknowledge that there is a
transportation cap which will allow a generation of up to
Lakeland -Resolution No. 2955, Exhibit "A"
May 6, 1998 Page 16 [c/agree/mfr-final]
9805210624
800 pm peak hour trips for TLC development and that the
development of TLC property subject to this Agreement cannot
exceed that capacity cap until the extension of Lakeland
Hills Way to the Lake Tapps Parkway and the construction of
TLC's portion of the Lake Tapps Parkway East connection 8t°
Street, East as required in the TLC/Pierce County
transportation mitigation agreement. The Lake Tapps Parkway
East project is identified as Lake Tapps Parkway East
(WEST), MAP ID No. 166, in the 1998-2003 Transportation
Improvement Program for Pierce County. Upon completion of
The Lake Tapps Parkway East connection to 8th Street East as
described in the TLC/Pierce County transportation mitigation
agreement, the transportation cap shall expire.
The calculation of peak hour trips shall be
determined at building permit approval.
The CITY shall consider the 800 pm peak hour trips
to be present in the transportation system in its review of
development applications for property not included in
Exhibits 1 and 2.
12. STORM WATER:
Paragraph 4.4(a) of the PRE-ANNEXATION/UTILITIES
AGREEMENT is amended as follows:
The CITY agrees to receive the storm water from the
Lakeland -Resolution No. 2955, Exhibit "A"
May 6, 1998 Page 17 to/agree/mJr-finat]
9805210624
Lakeland property described herein subject to the
construction and dedication of necessary infrastructure
which meets CITY standards including design criteria,
construction specifications, operational criteria, and
approved engineering submittals upon the effective date of
annexation under the same terms and conditions as storm
water is received from other developments within the CITY,
including payment of any charges required by the CITY's
utility ordinances provided, the water received from
properties in TLC property not yet annexed shall be of the
same quality and flow rate as from the property prior to
development, shall not exceed the capacity of the CITY's
existing storm drainage system, and shall be subject to the
same charges as any other property in the CITY for storm
water.
The CITY and TLC acknowledge that substantial
mater storm drainage planning has been completed for TI,C
properties in the form of the Comprehensive Drainage Plan
Lakeland Hills Development Area, prepared by CH2Mhill
Engineers, dated March 1991 and the Lakeland Hills South_
Development Area Conceptual Storm Drainage Plan, prepared by
Stephen/Dowl Engineers, dated March 1995. Both parties also
acknowledge that supplemental drainage basin information
Lakeland -Resolution No. 2955, Exhibit "A^
May6, 1998 Page 18 tc/agree/alr-f im(3
9805210624
will need to be developed by TLC to address changed
conditions such as the Lake Tapps Parkway, certain
differences between CITY and County standards, and impacts
associated with grading activities. In addition, the
parties agree that TLC will need to continue to develop more
precise drainage subbasin planning information to insure the
adequacy and timely staging of necessary storm drainage
facilities associated with specific development proposals.
13. SANITARY SEWER:
Paragraph 4.4(b) "SEWER", PRE-ANNEXATION/UTILITIES
AGREEMENT is replaced in its entirety as follows:
The CITY shall allow the TLC Property to connect
to the CITY's sanitary sewer utility under the same terms
and conditions as if the property were within the CITY
limits subject to obtaining expanded service area boundaries
and all other terms of this Agreement, including, but not
limited to, Section 3. The CITY shall apply to Pierce
County for any franchise that would be required for the
property not yet annexed with the understanding that
applying for the franchise and any subsequent Pierce County
approval does not waive any conditions set forth herein for
the provision of sanitary sewer service.
For the orderly development of its property TLC
Lakeland -Resolution No. 2955, Exhibit "A"
May6, 1998 Page 19 lc/agree/air-final]
9805210624
will need sanitary sewer from the CITY prior to CITY's
annexation of the subject property. TLC agrees to construct
all sanitary sewer in accordance with CITY standards
including design criteria, construction specifications,
operational criteria and approved engineering submittals,
and the CITY agrees, upon verification, of TLC's compliance
with its standards to connect to the CITY system the TLC
system for sanitary sewer upon payment of all charges set
forth in Auburn City Code.
The CITY and TLC acknowledge that substantial
master sanitary sewer planning has been completed for TLC
properties in the form of the Comprehensive Sanitary Sewer
Study Lakeland Hills Development Area, prepared by Dowl
Engineers, dated March 1991. Both parties also acknowledge
that supplemental sanitary sewer information will need to be
developed by TLC to address changed conditions such as
density changes and impacts associated with grading
activities. In addition, the parties agrees that TLC will
need to continue to develop more precise sanitary sewer
subbasin planning information to insure the adequacy and
timely staging of necessary storm drainage facilities
associated with specific development proposals.
Lakeland -Resolution No. 2955, Exhibit "A"
May 6,1998 Page 20 is/agree/mir-timtj
9805210624
14. WATER:
Paragraph 4.4(c) is amended as follows:
The parties acknowledge that pursuant to the
Settlement Agreement with the City of Bonney Lake, the City
of Bonney Lake is the water purveyor for portions of the TLC
Property as set forth in the Settlement Agreement. In the
event the CITY determines that the City of Bonney Lake
water system fails to provide adequate fire flow pursuant to
Title 15 of the Auburn City Code the CITY agrees to work in
good faith with the City of Bonney Lake in an attempt to
help achieve a system which meets the CITY requirements for
the provision of urban water services.
Immediately upon legal segregation of the relevant
parcels, TLC shall convey title to the CITY of the
following: the water wells commonly known as 5b and 5c, the
water rights it owns or controls on such wells, and the
property depicted on the easements which were granted to the
CITY as indicated in Exhibit 3. The CITY and TLC agree that
the use of the real property described in Exhibit 3 shall be
subject to the restrictions indicated in Exhibit 4.
As consideration for TLC's conveyance of the water
wells and the real property described in Exhibit 3, the CITY
agrees to pay TLC the appraised value for the land and a
Lakeland -Resolution No. 2955, Exhibit "A"
May 6, 1998 Page21 tc/agree/mlr-finati
9805210624
mutually agreeable fair market value for the wells up to a
maximum of $370,000, adjusted at 10% per annum until closing
of the conveyance. TLC agrees to convey the subject
property free and clear of all liens and encumbrances and
provide the CITY with a policy of title insurance in the
value of the purchase price insuring the property free and
clear of all liens and encumbrances and agrees to provide a
Statutory Warranty Deed.
16. FIRE:
The parties acknowledge that the property subject
to this Agreement which is not yet annexed may not be
provided fire service directly by the CITY. TLC shall
arrange for fire service coverage through Fire District 22
and any agreement between TLC and Fire District 22 shall
contain provisions which allow termination upon annexation
by the CITY, so that the property may be served by the CITY
if the CITY chooses to provide fire services directly rather
than by contract. Upon forty-five (45) days written notice
from the City of its intent to provide fire service directly
or by contract with another service provider, TLC agrees, to
provide Fire District 22 thirty (30) days written notice of
termination. For all building permits issued subsequent to
the forty-five (45) day notice period, TLC agrees to pay
Lakeland-Rewhition No. 2955, Exhibit "A"
May 6, 1998 Page 22 [c/agree/Alr-finat]
9805210624
mitigation fees to the CITY at the time of building permit
issuance for developments within the annexed property, in,
the amounts indicated below:
1. $419.78 per detached single-family
residential unit.
2. $272.47 per attached single or
multi -family residential unit.
3. $93.63 per residential unit within
the Senior Housing Zone.
4. $1.09 per gross foot of commercial
or retail structures.
The above amounts shall be adjusted to reflect the increase
in the Consumer Price Index for the Seattle -Metropolitan
area beginning as the base year January 1, 2000 and on
January 1°C of each year thereafter the percentage
difference shall equal the adjustment. Payment of these
fees shall constitute complete satisfaction of any fire
service mitigation and concurrency requirements by CITY for
the property described herein.
17. PENDING APPLICATIONS IN PIERCE COUNTY:
The development applications indicated on Exhibit
5, attached hereto and incorporated by reference, were
submitted to Pierce County by TLC prior to annexation. The
CITY agrees to allow TLC to process the applications;
indicated on Exhibit 5 through Pierce County's development:
Lakeland -Resolution No. 2955, Exhibit "A"
May 6,1998 Page23 Cc/&gree/w)r-firoq
9805210624
review process to issuance of a final decision, even if the
subject property is annexed to the CITY prior to completion
of the Pierce County review process. 11
ATTEST:
A"(�f'6-0 L'&'J
Danielle E. Daskam,
City Clerk
PROVED AS TO FORM:
Achael J.Reynolds,
City Attorney
Lakeland -Resolution No. 2955, Exhibit "A"
May 6, 1998 Page24 Ic/agree/mir-fimti
CITY OF AUBURN
�rr.k
CHARLES A.
:�•MAYOR
9905210624
THE LAKELAND COMPANY, INC.
By: e 4
Its: 4"A^c4,:,. *V 1 u tX
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
On this day of
1998, before
me, the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, personally appeared
to me known to the
of THE LAKELAND COMPANY, INC.,
the corporation that executed the within and foregoing
instrument, and acknowledged the said instrument to be the
free and voluntary act and deed of said corporation, for the
uses and purposes therein mentioned, and on oath stated that
he/she is authorized to execute said instrument on behalf of
said corporation.
GIVEN UNDER my hand and official seal the date
,'�a11111111j
hereinabbveeset;
ON V .,
I P,ARr'� R` � s . -
��~ NOTARY PUBLIC in and for t e State
pbBL�G �� of Washington, residing at qa —
5.15.tp
.,,��•`� MY COMMISSION expires: S- (S—"o Q
Lakeland -Resolution No. 2955, Exhibit "A"
May 6, 1998 Page25 tc/agree/nir-tint]
9805210!-X24
STATE OF WASHINGTON ) '
)sa
COUNTY OF KING )
On this I#k day of Vit/( 1998, before me, the
undersigned, a Notary Public ip and for the State of
Washington, personally appeared CHARLES A. BOOTH and
DANIELLE E. DASKAM, personally known to me to be the Mayor
and City Clerk, respectively, of the CITY OF AUBURN, the
corporation that executed the within and foregoing
instrument, and acknowledged the said instrument to be the
free and voluntary act and deed of said municipal
corporation for the uses and purposes mentioned in the
instrument.
GIVEN UNDER my hand and official seal the date
hereinabove set forth.
A.
iu NOTARY -ts:
PUBUQ
���qON d� �0 NOTARY PUBLIC in and for the State:
C�. of Washington, residing at �,
1r ar Y✓ASNN0•`'� g
rprrnrii:� MY COMMISSION expires: ✓g aj_ 99'
Lakeland -Resolution No. 2955, Exhibit "A"
May 6, 1998 Page 26 [c/agree/air-final]
98052106,'24
EXHIBIT 1
EXHIBIT 1
First Amendment to Lakeland Annexation
and Utilities Agreement
980521062#
IX:
r I I J�j
Ext" 'i"
RGWubon No, 295-
FINAL DEVEIOPMENT
PIAN FOR LAKCIANO
A
—�7
t4
r I I J�j
Ext" 'i"
RGWubon No, 295-
FINAL DEVEIOPMENT
PIAN FOR LAKCIANO
A
f
i
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
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26
ORDINANCE NO. 4 8 6 7
LA&A&..Q. FIX,"
AN ORDINANCE OF THE CITY COUNCIL OF THE C=ITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR ANDCITY CLERK OF THE CITY
OF AUBURN TO EXECUTE LAKELAND ANNEXATION AND UTILITIES
AGREEMENT BETWEEN THE CITY AND THE LAKELAND COMPANY, INC.
WHEREAS, the Lakeland property is located in Pierce
County, Washington, outside the corporate limits of the City
of Auburn; and
WHEREAS, The Lakeland Company is seeking various
development approvals from Pierce County for the Lakeland
property; and
WHEREAS, The Lakeland Company has requested that the City
of Auburn provide sanitary sewer, water and storm water
utility service prior to annexation; and
WHEREAS, this Agreement .is in conformity to the
Comprehensive Plan; and
WHEREAS, a public hearing has been held to take public
testimony on this Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
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Ordinance No. 4867
May 20, 1996
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Section 1. The Mayor and City Clerk of the city of
Auburn, Washington, are hereby authorized to execute Lakeland
Annexation and Utilities Agreement between the City and THE
LAKELAND COMPANY, INC. A copy of said Agreement is attached
hereto as Exhibit "A" and incorporated herein by reference.
Section 2. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 3 This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
I
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Ordinance No. 4867
May 20, 1996
Page 2
INTRODUCED: CP 3 967
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
mlcnael J. Reynolds,
City Attorney
Published:
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Ordinance No. 4867
May 20, 1996
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u CI CL RK 'S FICE
CITY OF AUBURN
25 West Main
Auburn, WA 98001
DRAFT -- May 15,1996/
LAKELAND ANNEXADO T AN12 UTILITIES
TI i.,IE —_ -
The AGREEMENT executed between the City of Auburn, Washington, a municipal corporation, hereinafter
referred to as "CITY" and THE LAKELAND COMPANY, INC. a Washington Corporation, and the heirs,
assigns, and/or successors, and related entities (entities with elements of common ownership) interest of certain
property, as described in this AGREEMENT, hereinafter referred to as "OWNER", is for and in consideration of
the furnishing of utilities and services by the CITY to certain real property of the OWNER. The OWNER does
hereby petition for annexation of the property described below to the CITY, does hereby agree to the conditions
of annexation herein, and does hereby declare this covenant.
ME ':•' t • =O.i
1.1 This AGREEMENT is applicable to all of the property owned by OWNER. and contained within
the Lakeland Hills South Special Plan Area, located within Pierce County, Washington, and as shown on
Exhibit A, and specifically and legally described in Exhibit B, hereafter referred to as the "LAKELAND
PROPERTY", both Exhibits are attached and incorporated by reference herein.
a. • .i . �Irl.r : ar : ' : : r • .
The OWNER and CITY hereby acknowledge and agree as follows:
2.1 The LAKELAND PROPERTY is located in Pierce County, Washington, outside the corporate
limits of the CITY.
2.2 The OWNER is seeking various development approvals from Pierce County for the
LAKELAND PROPERTY.
2.3 The OWNER has requested that the CITY provide sanitary sewer, water, storm water utility
service, and may request that the City consider the provision of other CITY services to the LAKELAND
PROPERTY prior to annexation.
2.4 This AGREEMENT to extend sanitary sewer, water, and stone water utility service, and
potentially other CI1`Y services outside the corporate limits of the CITY is authorized by RCW 35.67.3 10 and
RCW 35.92.170 and shall not be construed as a voluntary agreement pursuant to RCW 82.0'>..020 and therefore
the provisions of RCW 82.02.020 shall not be applied hereto.
2.5 The City of Auburn Comprehensive Plan, adopted April 1995, 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.
xhibit "A" to Ordinance
No. 4867
2.6 A City's requirement of an annexation agreement or a commitment to futiue annexation as a
condition of extending utility service outside the corporate limits of the CITY is recognized by Washington law
2.7 Extension of utility services beyond CITY limits may be subject to the authority of the Pierce
County Boundary Review Board, Pierce County Council, and/or other government agencies.
2.8 The LAKELAND 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 and as recognized in the Pierce County
Comprehensive Plan.
2.9 It is in the interest of the citizens of the CITY to insure that all public improvements which are or
will be within the corporate limits of the CITY are constructed in accordance with CITY plans, policies, and
regulations.
2.10 The CITY Council has determined that it is appropriate and legally permissible to provide -utility
and potentially other CITY services to the LAKELAND PROPERTY subject to the conditions herein.
2.11 The OWNER does hereby acknowledge that in the event of violation or breach of the terms of
this 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 utilities
and CITY services to areas within the LAKELAND PROPERTY not already being served at the time u
violation, breach, or invalidation.
2.12 The OWNER acknowledges that it is the goal of the CITY to ultimately annex the entire
LAKELAND PROPERTY, into the CITY as expeditiously as possible and that this AGREEMENT is intended
to initiate the process for completion of this goal.
2.13 The CITY and OWNER acknowledge that until annexation of property within the LAKELAND
PROPERTY, Pierce County shall retain jurisdiction over the permitting and processing of development
approvals within the LAKELAND PROPERTY,
2.14 The CITY and OWNER acknowledge that adoption of City of Auburn Ordinance No. 4814
confirms that planning and development within the LAKELAND PROPERTY must be consistent with the
Pierce County Hearings Examiner's Decision Case No. Z15-91/UP9-70, as amended, and that the land uses and
densities contained therein shall continue to remain in effect even after the annexation of any portion of the
LAKELAND PROPERTY.
3. PEIIT`ION AND COVENANT FOR ANNEXATION
In consideration of the CITY's agreement and commitment to provide utilities and CITY services to the
LAKELAND PROPERTY, the OWNER hereby petitions, agrees and covenants as follows:
3.1 This AGREEMENT shall be considered an irrevocable petition for annexation of the
LAKELAND PROPERTY to the CITY. OWNER agrees, promises and covenants that if at any time property
within the LAKELAND PROPERTY is included within any area which is being considered for annexation to
the CITY, OWNER shall join in said annexation and by this PETITION does provide this Notice of Intent to
Annex.
3.2 The OWNER agrees to execute all necessary documents such as letters, notices, petitions or
Other instruments initiating, furthering or accomplishing the annexation of the LAKELAND PROPERTY to the
CITY. This AGREEMENT is a covenant running with the property described in Exhibit: B and shall be binding
and inure to the benefit of the parties hereto, their successors and assigns. Provided that, as building permits are
issued and the OWNER pays the sums described in this AGREEMENT, the CITY shall provide the OWNER
with partial releases (except for the requirements of annexation) for the property for which the building permit is
issued.
3.3 The OWNER understands and agrees 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 q
P PertY within the area proposed to be annexed, sign a petition for such
an annexation.
3.4 The OWNER understands and agrees that upon annexation by the CITY, the LAKELAND
PROPERTY 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 foi any then outstanding indebtedness of the CITY which was contracted prior to, or
existing at the date of annexation.
3.5 The undersigned OWNER, on behalf of himself/herself/themselves, his/her/their heirs,
successors and assigns, hereby designate(s) the CITY as OWNER's true and lawful attomey-in-fact for the
purpose of signing any petition leading to the annexation of the LAKELAND 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 sanitary
sewer, and/or water, and/or storm water utility service by the CITY, and this Special Power of Attorney is
firther 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.
3.6 The OWNER shall not protest the future formation of any local improvement district for any of
the following: domestic water, sewers, streets, street lighting, and storm water facilities, including regional
detention and water quality facilities, for any district which includes property within the LAKELAND
PROPERTY, provided, that this Section is not inconsistent with the OWNER's rights and obligations contained
elsewhere in this AGREEMENT.
4. CONDITION_ AND MITT ATION MEASURES
In consideration of the City's agreement and commitment to provide utilities and se vices to the
LAKELAND PROPERTY prior to annexation, and in recognition of the CITY's conditions for annexation, the
OWNER and CITY hereby agree and covenant as follows:
4.1(b) Consistent with the City of Auburn Comprehensive Plan, Policy CE3, the OWNER shall submit
completed applications for development within the LAKELAND PROPERTY to the CITY for its review prior
to submitting such applications to Pierce County. The CITY shall review submitted applications consistent with
land uses as indicated in Exhibit A and applicable CITY standards, including but not limited to developm
standards and public facility specifications and the Lakeland Hills South Development Standards indicated in
Exhibit C, attached and incorporated by reference herein. Any facilities to be dedicated to the CITY upon
completion (e.g sewer and water lines and appi tenances) shall e b ilt strictly according to CITY standards
and specifications. The OWNER agrees to be bound by the CITY'S findings unless such findings are: (1) in
direct conflict with Pierce County pians, policies, and regulations; and (2) would result lin denial of the nrgjec
by Pierce County. The CITY shall issue its findings on submitted applications within ninety days of submittal.
The 90 days shall start at the time the City has accepted a completed application in writing. If additional
information is requested from the OWNER to allow the CITY to complete its review, the time period needed for
the OWNER to respond shall not be counted against the 90 days. In the event that the CITY does not issue its
findings on a submitted application within ninety days of its submittal, the OWNER may submit the application
to Pierce County and shall not be bound by the CITY'S subsequent findings. The OWNRR agrees to reimburse
the CITY for arty rens. nable COM inpurred in plan review,
4.1(c) The OWNER
to
agrees compl"lh
=Mriatc CITY
pglicies -mWi3jsion and zonM*9
r
4.2 Except as indicated elsewhere in this AGREEMENT and attachments, all public improvements
constructed within the LAKELAND PROPERTY shall be constructed consistent with CITY plans, policies, and
regulations
4.3(a) The CITY and OWNER agree that the existing transportation system within the CITY has
sufficient capacity to absorb a level of development within the LAKELAND PROPERTY that generates up to
600 PM peak hour trips, hereafter referred to as the, "CAPACITY CAP". In consideration of CITY's
agreement to reserve the CAPACITY CAP to OWNER's benefit, and to not allow any reduction in OWNER's
CAPACITY CAP, OWNER agrees to limit development within the LAKELAND PROPERTY to that which
shall not exceed the CAPACITY CAP.
Provided, however, that the CITY may increase the CAPACITY CAP upon the completion of any of the
following:
4
1. The construction of a roadway connection from the current CITY limits through to 8th Street East in
Pierce County, i.e. Lakeland Hills Way to Lake Tapps Parkway to 8th Street East as shown on Exhibit A, or an
alternative roadway connection as agreed between the CITY and OWNER, and a traffic study demonstrating the
creation of additional capacity consistent with applicable City LOS standards, or
2. The construction of significant portions of the improvements identified the Lakeland Residential
Planned Development District Mitigation Agreement executed between Pierce County and Henderson
Development Inc. on May 30, 1995, and a traffic study demonstrating the creation of additional capacity
consistent with applicable City LOS standards, or
3. A traffic study which indicates to the CITY's satisfaction that specific development applications can be
developed consistent with the CITY's current level of service standards, and/or the OWNER pays its
proportionate share of transportation improvements to mitigate the impact of development and the City Council
has determined that the improvements shall/can be completed in a timely manner.
4. A revision in the adopted level of service standard by the CITY.
4.3(b) Except as indicated above, the CITY and OWNER agree that transportation improvements are
necessary to fully mitigate the impacts generated by the total development anticipated within the LAKELAND
PROPERTY. It is further agreed that such mitigation measures may be determined and completed in phases as
development proceeds. It is agreed that traffic studies prepared pursuant to this AGREEMENT shall be
prepared at the direction of the CITY and consistent with standard engineering practice and applicable current
level of service standards. The CITY agrees to timely review and comment on all traffic studies submitted by
the OWNER.
It is further agreed that OWNER shall be limited to development within the. LAKELAND PROPERTY that
results in traffic generation consistent with the level of service standard adopted by the CITY (currently LOS
"C") on arterials within the CITY and consistent with adopted level of service standards for other arterials
according to the agency which has jurisdiction over such arterials.
The CITY agrees to provide sanitary sewer, water, and storm water utility service to the LAKELAND
PROPERTY, as described in this Section, and as subject to the CITY's ability to obtain the necessary approvals
and agreements from other agencies. The CITY agrees to diligently exert all reasonable efforts to obtain such
approvals and agreements and provide these services in a timely manner.
4.4(a) STORM WATER
The CITY hereby ratifies and confirms that portion of the Comprehensive Drainage Plan, Lakeland Hills
Development Area, prepared by CH2MHiII in March 1991, hereafter "1991 Storm Plan", as it relates to the Mill
Pond Drainage Basin. The CITY agrees to provide storm water utility service (to the LAKELAND
PROPERTY lying within the Mill Pond Drainage Basin) consistent with the 1991 Storm Plan and the OWNER
agrees to pay to the CITY the Customer Equivalent Charges for such service as generally applicable throughout
the CITY service area.
The CITY agrees that the Pierce County Conceptual Storm Drainage Plan, Lakeland Hills South Development
Area, prepared by Stepan/Dowl Engineers in March 1995, hereafter "1995 Storm Plan" will be utilized as the
basis for preparation of a storm plan for the LAKELAND PROPERTY. The CITY retains the right to change or
modify the "1995 Storm Plan" to chose an alternative based on a cost effective approach including a comparison
of life cycle costs for maintenance and operation as well as capital costs associated with facility construction.
4.4(b) SEWER
The CITY agrees to provide sewer utility service to the LAKELAND PROPERTl�' and the OWNER wit
agrees to pay to the CITY the Customer Equivalent Charges for such service consistent h the terms of the
Late Comer Sewer Agreement executed between the CITY and Roland Crabtree on April 26, 1983.
4.4(c) WATER
The CITY agrees to provide water utility service to the LAKELAND PROPERTY and the OWNER
agrees to pay to the CITY the Customer Equivalent Charges for such service on the same iterms and conditions
as other similarly situated users within its water service area and as follows:
In consideration of the CITY's agreement to provides water service to the LAKELAND PROPERTY,
and concurrent with the execution of this AGREEMENT, the OWNER shall terminate any and all agreements
with the City of Bonney Lake regarding the provision of water service. The OWNER shall also convey all
water wells, water rights it owns or controls on such wells, and reservoir sites, all within the LAKELAND
PROPERTY to the CITY, together with the necessary easements, and shall convey the well and reservoir site
property to the CITY immediately upon legal segregation. In addition, concurrent with the execution of this
AGREEMENT, article 5 (copy attached as Exhibit D) of Water System Development and Acceptance
Agreement last date 21 November 1983, and previously executed between OWNER and CITY is superseded by
this AGREEMENT and hereby terminated.
As finther consideration for OWNER's conveyance of the water wells and property associated therewith,
the CITY agrees to reimburse the OWNER the fair market value of the wells, reservoir site property, and well
Property, as of the date of execution of this AGREEMENT, by granting credits against the water service
Customer Equivalent Charges.
Concurrent with residential development and right of way construction, the OWNER. shall develop and
dedicate to the CITY`the parks and improvements indicated on Exhibit A; including one Community Park of a
minimum of 15 acres, two neighborhood parks of aminimum of 5 acres each, the linear park: on Lakeland Hills
Way, and the trail connections between the neighborhood parks. The OWNER shall also dedicate to the CITY,
but not develop, one other Community park of a minimum of 15 acres located in the easterly portion of the
LAKELAND PROPERTY. The topography and soil conditions shall be suitable for active -type park uses. The
OWNER shall work cooperatively with the CITY in developing specific plans that meet CITY park standards
(see letter from City of Auburn Parks Department dated October 24, 1995) for the development of the parks and
trails indicated herein and the CITY shall have final approval prior to their construction. The level of
improvement for the parks and trails shall be equivalent to those improvements made to the "Lakeland Hills
Park", located in the CITY. The Lakeland Hill Parks improvements done in 1992 were at approximately $1.80
per square foot. The level of future improvements shall not exceed the 1992 rate adjusted annually from the
Consumer Price Index.
The CITY shall assume the responsibility for proper maintenance of the parks dedicated to it, provided,
however, that the CITY may allow the OWNER to provide additional maintenance within parks dedicated to the
CITY with the CITY's written consent. Owner must give City I year notice prior to parks coming on line for
maintenance.
The OWNER, and/or appropriate homeowner associations, agree to develop, own, maintain, repair, and
pay real estate taxes and assessments, all other park areas indicated on Exhibit D which are less than five acres
in size.
The CITY agrees that OWNER's satisfactory performance of the terms contained in this Section of the
AGREEMENT shall constitute full and complete satisfaction of the CITY's park standards and requirements.
The OWNER and the CITY hereby acknowledge and agree to the following provisions which apply to
the entire AGREEMENT:.
5.1 As acknowledged in Section 2.13 of this AGREEMENT, until annexation occurs Pierce County
retains official jurisdiction over the permitting and processing of development applications within the
LAKELAND PROPERTY. Nevertheless, prior to the recording of a final plat located on property which has
not been annexed by the CITY, the OWNER shall request the CITY's certification that all plat improvements
have been completed to the applicable standards, or to provide evidence that financial guarantees have been
posted with appropriate jurisdiction to insure the completion of such improvements.
5.2 This AGREEMENT shall not be modified without the express written consent of both parties.
5.3 Recognizing that time is of the essence in the performance of the mutual obligations contained in
this AGREEMENT, it is the mutual intent of the parties hereto to establish procedures to facilitate the prompt,
informal, and inexpensive resolution of any disputes arising under this AGREEMENT by mutual cooperation
and without resort to litigation. Accordingly, any controversy, dispute, or claim arising out of or relating to this
AGREEMENT shall be resolved in accordance with the following procedures:
5.3(a) The parties shall first attempt to negotiate a mutually satisfactory resolution to the Dispute as
follows:
(i) The complaining party shall prepare a written description (hereafter "Letter") of the alleged
dispute, controversy, claim, or breach of contract (hereafter "Dispute's and send it to the other party by certified
or registered mail. This Letter shall explain the nature of the Dispute and refer to the relevant section of the
AGREEMENT upon which the Dispute is based. The complaining party shall also set forth a proposed solution
to the Dispute, including a specific timeframe within which the parties must act.
(ii) The party receiving the Letter must prepare a written response within ten days of receipt with an
explanation, including references to the relevant parts of the AGREEMENT and a response to the proposed
solution.
(iii) Within ten days of receipt of this response, the parties must meet and discuss options for
resolving the Dispute. The complaining party must initiate the scheduling of this meeting.
5.3(b) If the parties are not able to satisfactorily resolve the Dispute through negotiation, a mediation
must be held within thirty days of the meeting referenced in (a)(iii) of this Section. Mediation shall be held at
the Seattle office of Judicial Arbitration and Mediation Service, Inc. (hereafter "JAMS") The complaining party
is responsible for contacting JAMS to schedule the mediation (1 -800 -352 -JAMS or 1 -800 -626 -JAMS). The
parties may agree on a jurist from the JAMS panel. In the event that the parties are not able to agree on a jurist,
JAMS will provide each party with a list of three available jurists and each party may strike one. The remaining
jurist shall serve as the mediator.
5.3(c) If the Dispute is not settled by mediation, the parties agree to submit the Dispute to JAMS -for
binding arbitration. Either party may initiate arbitrati
registered or certified mail to all parties and to JAon by sending written notice of an intention to arbitrate by
MS. The notice must contain a description of the Dispute, the
results of mediation, and remedy or solutions proposed. If the parties agree, the jurist that serves as mediator
may serve as the Arbitrator. If the parties cannot agree on a jurist, an Arbitrator shall be selected in the same
manner as a JAMS mediator is chosen as described above except that the mediator shall not be the arbitrator. If
and when a demand for arbitration is made by either party, the parties agree to execute a Submission
Agreement, as provided by JAMS, setting forth the rules and procedures to be followed at the arbitration
hearing. If the parties cannot agree on the rules and procedures, the Arbitrator shall establish the rules and
procedures.
5.3(d) If JAMS does not exist at the time a Dispute arises in connection with this AGREEMENT, this
Section shall continue in full force and effect, subject to the following changes: In the event that the parties are
not able to agree upon a mediator or alternative mediation service, the mediation provision shall become null
and void. If the parties are not able to agree upon an arbitrator or alternative arbitration service, the arbitration
provisions of this Section shall be fully enforceable in accordance with RCW Chapter 7.04 and the King County
Superior Court shall have jurisdiction as arbitrator to arbitrate the Dispute.
5.3(e) In the event that it is necessary for either CITY or OWNER, or their authorized representative,
successor, or assign, to institute suit or begin arbitration proceedings in connection with this AGREEMENT, the
Prevailing party in such suit or proceeding shall be entitled to reimbursement for its reasonable costs, expenses,
costs associated with delay, and attorney fees incurred, including such costs, expenses, and attorney fees
incurred on appeal or in enforcing any arbitration award or judgment.
5.3(f) This AGREEMENT and any Disputes arising therefrom shall be governed by the laws of the
State of Washington and the venue
Washington. for all mediations, arbitration's, or hearings shall be Seattle, King County,
Washington.
5.4 The terms and provisions of this AGREEMENT shall inure to the benefit and become binding
upon the heirs, assigns and/or successors in interest of the parties hereto, and related entities (entities with
elements of common ownership) and principal owners of OWNER.
5.5 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 US
Postal Service mail with postage prepaid.
5.6 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.
5.9 Upon execution, this AGREEMENT, or memorandum thereof, shall be recorded with the Pierce
County Auditor's office. The OWNER shall be responsible for recording and shall provide evidence of such
recording to the CITY.
I
IN WITNESS WHEREOF, t10WNER and the CITY hereto have executed this AGREEMENT this
day o 1996.
CITY OF AUBURN
ATTEST:
Robin Wohlhueter,
City Clerk
1pO RVED Anolds,
RM:
Michael J. Re
City Attorney
I
cllatlle'� �) a4e
CHARLES A. BOOTH
MAYOR
OWNER:
The Lakeland Company
BY REPRESEN TIVE:
Charles L. Henderson
TITLE: Chief Executive Officer
10
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this 1-W4- day of _ 1996, before me, the undersigned, a Notary Public in and
for the State of Washington, duly 66mmissioned and sworn, personally appeared Charles L. Henderson, the
Chief Executive Officer of The Lakeland Company, 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.
NOTARY PUBLIC in and for the State of Washington,
residing at Re�
MY COMMISSION EXPIRES:
L
Irini.d<�
I1
Q R`
0TA��:?�'s
`�= j0 CIC = m
LcIs-
STATE OF WASHINGTON
I ss
COUNTY OF KING l
On this �
day of 1%% before me, the undersigned,
a Notary Public in and for the State of shington, duly commissioned and sworn, personally appeared CHARLES
A. BOOTH and ROBIN WOHLHUETER, 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.
g:\pk\lake-9
(name)
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PUBLIC O
�h'•�0BERZy�o�ti,•.• NOTARY PUBLIC in and for a State
...........•• of Washington, residing at
MY COMMISSION EXPIRES: ZS
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12
EXHIBIT "A" TO ORDINANCE 4867
Lakeland Hills South Special Plan Area. Attached
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Order No. 31490
LQLYv;li �L
EXHIBIT "B" TO ORDINANCE 4867
1<
N REcE1vE0 \:
The North 1/2 of the Northwest 1/4 of the Northwest 1/4 of Sec-TT—an 8,
Township 20 North, Range 5 East, W.M.;
EXCEPT ROADS; and
EXCEPT that portion conveyed to El Paao Natural Gas Company by Dead
recorded September 27, 1971, under Auditor's File No. 2412443.
Situate in the County of Pierce, State of Washington
PARGET. 1
The Southeast 1/4 of Section 6, Township 20 North, Range 5 East W.M.;
EXCEPT the West 1/2 of the Northwest. 1/4 thereof.
Situate'in the County of Pierce, Stbte of Washington
l PARCEL 3
The South 1/2 of the East 1/2 of the Southwest 1/4 of Section 6, Tavnaliip
20 North, Range 5 East W.M.;
EXCEPT therefrom a strip of land 100 feet wide along the West side of sui
property deeded to the Pacific Coast Power Company, said 100 foot strip o
land being the West 100 feet of said East 1/2 of the Southwest 174; and
EXCEPT the East 170 feet of the West 270 feet measured at right angles to
the'West .line of the East 1/2 of the Satithwest .1/4.
Situate in the County of Pierce, State of.Washington
P1.1mtt,-A�L
Government Lot 1 and the Southeast 1/4 of the Northeast 1/4 of Section 6,
Township 20 North, Range's East, W.H.
Situate in the County of Pierce, State of Washington
PARQFL. 'i .
Thu North 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Southeast
1/4 of the Southwest 1/4 of Section 5, Township 20 North, Range 5 Fast o+
the W. N.
Situate In the County of Pierce, :irate of Washington
S'1`I:NVART T1'r'.
GUARANTY COMPANY
r
t
PA IT2171" 6:
The North 5 acres of the Northwest 1/4 of the Southeast 1/4 of the
Southwest 1/4 of Section 5, Township 20 North, Range 5 East of the
W.Illamette Meridian;
EXCEPT County Road.
Situate in the County of Pierce, State of Washington -
d_glnning at. the Northeast corner of the Southwest 1/4 of the Southwest 1/4
of Section 5, Township 20 North, RAnge 5 of the Willamette; Meridian; THEUCI
West along the North line of said subdivision, 132 feet; THENCE South
parallel with the East line of said subdivision, 330 feet; THENCE East
parallel with the North line of said subdivision, 132 feet to the Eust line
inert:of;-THENCE North along said Eaat line, 330 feet to the point of
beginning;
EXCEPT County Road.
Situate in the County of Pierce, State of Washington
PARCEL 9L
Commencing.at`the.Southwest corner of Section 5, Township 20 Horth, Range
East of the W.M.; THENCE North along .the West line of said Section 40 rods
to the true point of beginning;,THENCE continuing North along said Went
line 40 rods .to the Northwest corner of the Southwest 1/4 of the Southwest
1/4 of saig[ Section 5; THENCE East along said North line 20 rods; TIIEHCE
South 40 rods; THENCE West 20 .rods to the true point of beginning.
Situate in -the County of Pierce, State of -Washington
.9 'J TITL
GUARANTY COMPANY
FA2M]EL 10
The Southwest 1/4 of the Southwest 1/4 of Section S, Township 20 North,
Range 5 East of the W. H. ;
EXCEPT the South 40 rode, And
EXCEPT the West 20 rode of the North 40 rods, and
EXCEPT East 8 rods of the North 40 rods.
Situate in the 'County c.f Pierce, ;State of Washington
PARCEL 1 L:.
The Horth 1/2 of the Southwest 1/4 of the Northeast 1/4; the Northeast 1/4
of the Southwest 1/4 of the Northeast 1/4; the Northeast 1/4 of the
Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4; the Northwest 1/4
of the Southwest 1/4 of the Southeast 1/4 of the Northeast 1/4; ail in
Section 5, Township 20 North, Range 5 East, W. K.
EXCEPT the East 30 feet of the Southeast 1/4 of the Northeast 1/4 of said
Section 5, conveyed to Pierce County by Deed recorded under Auditor's FiiF.
No. 2277611; -and
EXCEPT that portion conveyed to £1 Paso Natural Gas Company by Deed
recorded under Auditor's File No. Y410280.'I.
Situate in the County of Pierce, State of Washington
The Weat 1/2 of the Northwest 114 of the Southwest 1/4 of the Northea_:t L
of Section S, To4nahip 20 North, Range 5 East of the W. M.
EXCEPT the West GO feet thereoff
Situate in the County of. Pierce, State- of Washington
L'. QEL:1.4 t
The West 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northeast t,
of Sect Lon 5, Township 20 Harth, Range 5 East of the W. H.
5ituatp irw the County of Pferce, :State of Washington
The North 330.0 feet favi measured as right angles to the North line) of t.
Northeast 1/4 of Section 7,Township 20 North, Range 5 East of the W. 11.
Situate, in the County of Pierre, State of Washington
tS'1`F,'%VAR'1' TI'1`I_
GUARANTY COMPANY
4
PARCEL...i':=:31.
Government Lot 3, Section 6, Township 20 Horth, Range 5 East of tile W.M.;
EXCEPT that portion conveyed to Pacific Northwest Bell Telephone Company,
Washington Corporation by Deed recorded February 24, 1971 under Auditor's
File No. 2380037, Records of Pierce County, Washington.
'Situate in the County of Pierce, State of Washington
PARCEL P-4:
That portion of Government Lot 5 (being fractional Southwest 1/4 of the
Northwtat 1/4) of Section 6, Township 20 North, Range 5 East of the W. 11.
1: ileac: iced ski follows:
Cowmencing at the Southeast corner of sal.d Government Lot 5; THENCE North
along the Easterly boundary of said Government Lot 5, a dii4tance of 4ESU
feet to the true point of beginning; THENCE Southerly along said East.erLy
boundary, 310 feet; THENCE Westerly at a 90 degree angle to said Enui. r,iy
boundary, 10O feet; 'THENCE Northeasterly to the true point of beginning.
Situate in the County of Pierce, Stdte of. Washington
EA_MCFI. P-6'
Government Lot 2; the Southwest 1/4 of the Northeast 1/4; and the Southua:r
1/4 of the Northwest 1/4, all in Section b, TL .tnship.20 Ncrth, hange 5 E.18
cf ' the W. H.
'EXCEPT from said Government Lot 2, that portion conveyed to Puget Sound
Nower.and Light Company, by Deed recorded February 23, 1975, under
Auditor's .File.11o.;.2891243, Records of Pierce County, Washington;
ARD -EXCEPT from said Southeast 1/4 of the Nrrthweet 1/4, the South 170 fret.
of the West 270 feet and that portion conveyed to Walter E. Eriltuen a;:d
Luxna Erikeen, -his wilt? by Dead recorded Nay 17, 1977 under Auditor's File
Not 2736688, Records of Pierce County, Wauhington.
Situate in the County of Pierce, State of Watahirigton
9rFF7,AVART TITLI
GUARANTY COMPANY
_ a^r 1 Anti M R01 i
r C1U•c._EAKGEL:_
Government Lot 6 in Section 6, Tpwnahip 20 North, Range 5 East of the
Willamette Meridian.
EXCEPT the North 315 fe;t thereof.
ALSO EXCEPT the right .of way of the Northern Pacific -Railway Company.
ALSO EXCEPT a strip of land 15 feet in width aaiscent to and parallel vitt
the East line of the right of way of the Northern Pacific Railway Company
as conveyed to the Seattle -Tacoma Power Company, a Corporation, by Deed
recorded und&r Pierce County Auditor's pee No. 189228.
ALSO EXCEPT that portion described as 3ollows:
Commencing at the intersection of the South line of the North 115 feet of
said Government Lot 6 and the East margin of a strip of land 15 feet in
width as conveyed to -Seattle -Tacoma Power Company by Deed recorded under
Auditor's File No. 189228; THENCE Easterly along said South line 267.13
feet and the point of beginning of this exception; THENCE continuing
Easterly along said Southerly fine 484 feet; THENCE Southerly at right
angles to said South line 475 feet; THENCE Westerly parallel with said
South line 344 feet;.THEHCE Northwesterly in a straight line 495.2 feet t
the point of beginning;
/. ALSO EXCEPT County Road.
Situate in t)ie County of Pierce, State of Washington
P.ABM.Z=Z_L
TRALT_.Ai.
The West 1/2 of the Southweat 1/4 of the Southeast 1/4 and the Northeast
1/4 of the Southeast 1/4 of the Southwest 1/4; all in Section 5, Township
20 North, Range 5 East of the W. M.
EXCEPT North Tapps Highway (Forest Canyon Road);
EXCEPT that portion conveyed to El Paso Natural Gas Company by Deed dated
September 20, 1971, recorded September 27,.1971; under Auditor's File )io.
2412443, and
EXCEPT tht East 330 feet of that portion of the North 405 feet of the Sou
1,065 feet of the South.1/2 of said Section 5, lying West of the Donnevi.1
Power Administration right -o£ -way, as granted to the United Staten o_
America by instrument recorded February 24, 1941, under Auditor's,, File NC
1274447. -
Situate in 'the County of Pierce, State of .Washington
STrwar.T TIT]
GUARANTY COMPANY
C.
.. TRACT B.L
The test 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/5
of Section 5, Township 20 North, Range 5 East of the W. M.
EXCEPT that portion conveyed to El. -Paso Natural Gas Company by Deed dated:
September 20, 1971, recorded Septe:nher 27, 1971, under Auditar'm File Hc,.
2412443.
ALSO EXCEPT roads.
Situate in the County of Pierce, State of Washington
L�gi`nning at the Northwest corner of the East 330 feet of that portion of
the North 330 feet o+_' -the South 990 feet of the South 1/2 of Section 5,
Township 20 North, Range 5 East of the W.M., lying West of the Bonneville
Power Administration right -of' -way, as granted to the United States of
Auterica.by instrument recorded February 24, 1941 under Auditor's File No.
1274447; THENCE Southerly along the West line of weld East 330 feet, a
distance of 330 feet to the Southwest corner thereof; THENCE Easterly aloe,{
the South line of said East 330 feet, a distance of 150 feet; THENCE
Northwesterly along a straight line to the place of beginning;
EXCEPT therefrom that portion conveyed to El Paso Natural Gas Company by
Deed recorded September 27, 1971 under Auditor's File No. 2412443, kecord5
of Pierce County, Washington.
Situate in•the-County of Pierce, State of Washington
PAFMA P-9 L
Xhe, South 1/2 of the Northwest 1/4 of Section 5, Township -20 North, Range
Cast of the W. M. ; 1
EXCEPT,the Southeast 1/4 of the Southwest -1/4 of. -the Northwest 114 thereof
and
EXCEPT. the Southwest-1/4.of the Southeast 1/4 of the Northwest 1/4 thereof
Situate in the County of Pierce, State :of Washington
S'1 EAVART TITL
GUARANTY COMPANY
7
/-� FARGO. P-10-
The
-1O:The Weat 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section G,
Towneh.ip 20 North, Range 5 East of the W.M.;
ALSO, the North 1/2 of the ;East ..1/2 of the Southwest 1/4 of Section 6,
Township 20 North, Range 5 East of the W.M.;
EXCEPT therefrom a strip of land 100 feet vide along the West side of sai,
property, deeded. to the Pacific Coast Power Company, said 1.013 foot strip
land being the West 100 feet of said Eaat 1/2 of the Southwest 1/4;
AND EXCEPT the East 170 feet of the West 270 feet measured at right angle,
to the -West line of the East 1/2 of the Southwest 1/4:
EXCEPT from all of the above described property, the following described
Parcels:
LOT -1 OF SHORT PLAT NO, 74-ti�g,
A parcel of land lying in a portion of the Northeast quarter of the
Northeast quarter of Section b, Townwhip 20 North, Range 5 East, W.M., in
Pi*rce County, Washington, more pat-ticulerly described as follows:
Commencing at the 4 inch by 4 inch concrete monument at the Southeast
t.orner of Section 32, Township 21 North, Range 5 East, W.M., in Pierce
( i County, Washington, on the fifth standard parallel; THENCE along said
standard parallel North 88 degrees 58'50" Weat a distance of 2,655.87 feat
to the concrete monument at the Northwest corner of Government Lot 2 of
Section 5, Township 20 North, Range 5 East, W.M., in Pierce County,
Washington; THENCE continuing along said standard parallel North 88 degret
5b'20" Wast a distance of 2,660.22 feet to the, 1979 King County monument e
the Southeast corner of Section 31, Township 21 North, Range 5 East, W.PI.,
in Pierce County, Washington; THENCE continuing along said standard
parallel North 88 degrees 34'43" West a distance of 19.77 feet to the
Northwest corner of Government Lot 4 of said Section 5; THENCE South 01
'degrees 42158" West on a line between Section 5 and 6 a distance of 0.12
feet to the 1967 King County monument at the cloying corner; THENCE South
01 degrees 42.58• West on a line between said Sections 5 and'6 adisi.ance
of 271.49 feet to the True Point of Beginning; THENCE South 01 degrees
42'58" West a distance .of.412.96 feet; THENCE North 89 degrees 31111" West
a distance of 16.32 feet, to. a half-inch rebar at the West line of Large 1.t
auhdivision Number 670 as monumented by Maurice- E. Mullins in August 1975
THENCE North 01 degrees 27121" East along said West line a distance of
413.11 feet; THENCE.South 88 degrees 55'20" East a distance of 18.20 feet
to the True Point of Beginniag.
Situate in the County of Pierce,' -State of Washington.
STE'NVA]Wr TI'i'L
GUARANTY COMPANY
-1 is
LOT DQE* SHORT._PLAT..-14,_7a-5Z3:
A parcel of land lying in a portiun of the Northeast quarter of the
Northeast quarter of Section. 6, Township 20 North, Range 5 East, W.M., in
Pierce County, Washington, more particularly described as follows:
Commencing at the 4 inch by 4 inch concrete monument at the. Southeast
corner of Section 32, Township 21 North, Range 5 East, W-14., in Pierce
County, Wa3hington, on the fifth standard parallel; T9ENCE along said
standard parallel North 86 degrees 58'50" West a distance of 2,655.67 feel
tb the concrete monument at the Northwest corner of Government Lot 2 of
Section 5, Township 20 North, Range -5 East, W.M., in Pierce County,
Washington; THENCE continuing along bald standard parallel North 88 degrea
56.20"West a distance of 7.,660.22 feet to the 1975 King County monument i
the Southeast corner of Section 31, Township 21 North, flange 5 East, W.M.,
in Pierce County, Washington; THENCE continuing along said standard
parallel North 88 degrees 34'43" West a distance of 19.77 feet to the
Northwest corner of Government Lot 4 of said Section 5 and the True Point
of HQginning; THENCE South 01 degrees 42'58" West on a line between
Sections 5 and -6 a distance of 0.12 feet to the 1967 King County monument
at the closing corner; TffENCE South 01 degrees 42158" West on a line
.between said Sections 5 and 6 a distance of 271.49 feet; THENCE North 88
degrees 56120 West a distance of 18.20 feet to the West line of Large Loi
Subdivision Number 670 as monumented by Maurice E. Mullina in August 1975.
THENCE ?forth 01 degrees 27'21" East a distance of 271.60 feet to the 1967
King County monument at the Northwest corner of said Large Lot Subdivisioi
t THENCE North,01 degrees 27121" East a distance of 0.11 feet to the fifth
standard parallel; THENCE South 88 degrees 34'43" East along said standar;
parallel a distance of 19.43 feet to the True Point of Beginning.
Situate in the County of. Pierce, State of Washington.
LIT 1_E.F—s11DRT_Ef AT 81 1 1 190133:
A parcel of land lying in a portion of the Northeast quarter of the
Northeast quarter of .Section 6, Township 'LO North, Flange 5 East, W.M., irk
Pierce County, Washington, more particularly described as follows:
t
W1
STEAVART TITI
OOARANTY CONYANY
Commencing at the .4 inr_h by 4 inch concrete monument at the Southeast
f corner- of Section 32, Township 21 North, Range 5 East, W. M. , in Pierne
County, Washington, on the fifth standard parallel; THENCE along &aid
standard parallel North 88 degrees 5815x" West a distance of 2,655.87 feet
to the concrete monument at the Northwest corner of Government Lot 2 of
Section 5, Township 20 North, Range 5 East, W.M:, in Pierce County,
Washington; THENCE. continuing along said standard parallel North 88 degrea
56120" West a distance of 2,660.22 feet to the 1979 King County monument e
the Southeast corner of Section 31, Township 21 North, flange 5 East, W.M.,
lit Pierce County. Washington; THENCE continuing along said standard -
psrallel North 88 degrees 34'43" West a distance of 19.77 feet to the
Northwest corner of Government Lot 4 of said Section 5; THENCE South 01
degrees -42'58" West on a line between Sections 5 and 6 a distance of 0.12
(feet to the 1967 King County monument at the closing corner; THENCE South
01 degrees 42'58" Weat'on a line between said Sections 5 and 6 a distance
of 1,041.71 feet to the True Point of Beginning; THENCE continuing South C
degreea 42'58".West a distance of 327.86 feet to the Southwest corner of
Government Lot 4 of said Suretion 5 (as anovn on Record of Survey Number
8807280259, page Number 1); THENCE North 67 degreea 22'16" West a distance
of 13.74 feet to a half-inch rebar at the Southwest corner of Large Lot
Subdivision Humber 670.as monwRo- nted by Maurice E. Mullins in Au1luat 1575;
THENCE North 01 degrees 29159' East along sa.td West line a distance of
327.27 feet; THENCE South 89 degrees 41'42" East a distance of 1.1.98 feet
to the True. Point of Beginning.
Situate in the County of Pierce, State of Washington.
1.09'.2 0(_J!TF..HCE COIINTy S1I0R9' PL.1T_4111190.1:13;_
A Parcel of land lying in a portion. of •the:Hortheast quarter of the
Northeast quarter of Section 6, Townehtp 20 North, Range 5 Est3t, W.M., it,.
Pierce County, Washington, more particularly daacribed as follows.
I
10
5'I` 1: %VA I:'1` Z` I.1` I
GUARANTY CI NMVANY
G001wencing at the 4 inch by 4 inch concrete monument at the Southeast
corner of Section 32, Township. 21 North, Range 5 East, W.M., in Fierce
County, Washington, on the fifth standard parallel; THENCE along said
standard parallel North 86 degrees 58'50" West.a distance of 2,655.87 feet
to the concrete monument at the Northwest corner of Government Lot 2 of
Section 5, Township 20 North, Range 5 East, W.M., in Pierce County,
Waottington; THENCE continuing along said standard parallel North 88 degree:;
56'20" West a distance of 2,660.22 feet to the 3979 King County monument at
the Southeast corner of Section 31, _Township 21 North, Range 5 Eeat, W.M.,
in Pierce County, Washington; THENCE continuing along said standard
parallel North 88 degrees 34'43".West a distance of 19..77 feet to the
Northwest corner of Government Lot 4 of said Section 5; THENCE South 01
degrees 42'58 West on a line between Sections 5 and 6 a distance of 0.12
feet to the 1967 King County monument at the closing corner; THENCE South
01 degrees 42158" Weet on a line between said Seotirns 5 and 6 a distance
of 1,041.71 feet to the True Point of Beginning; 'THENCE continuing South 01
degrees 42.58"West a distance of 327.86 feet to the Southwest corner of
Government Lot 4 of said Section.5 (aa shown on Recard.of Survey Number
8807280259, Page Number 1); THENCE North 87 degrees 22'16• West a distance
of 13.74 feet to a half-inch rebar at the Soutl,wewt corner of Large Lot
Subdivision Humber 670 as monumented by Maurice E. Mullins in August 1975;
THENCE North 01 degrees 29.59" East along said West line a distance of
327.27 feet; THENCE South 89 degrees 41.42" East a distance of 14.98 feet.
to the True Point of Beginning. ..
Situate in the County of Pierce, State of Washington..
1.
' HFNNTNGSCIN SHORT PIAT:
Original Parcel No. 05-20-05-3-002
The ilurth half of the Southwest quarter of the Southeast quarter of the
Soutriwast quarter of Section 5, Township 20 North, Range 5 East, W.)1., it,
Fierce County, Washington.
Original Parcel (05-20-05-3-012)
The South 1/2 .of the Northwest 1/4 of the Southeast 1/4 of the Suutheoe;t
1/4 of (.he Southwest 1/4 of Section 5, Township 210 North, Range 5 Last,
W.M., in Pierce County, Washington; EXCEPT that portion conveyed to E1. Pse
Natural Gas.Company by deed recorded September 27, 1971 under Lwcordi.ng
Number 2412443, records of Pierce County.
I
ll
S'1'JE, NVAR'r Ti'1'i
ovARA4Tr co-MrANr
e()fif COIN f1F Sf CTTON 6._SQ122iSOP_Q ORM, RAPI(jF.. 5 EAST
i
Commencing at the 1979 King County monument at the Southeast corner of
Section 31, Township 21 North,. Range 5 Eatat, W.H., in Pierce County,
Was3hington, from which the 1967 King County monument at the Southwest
corner of said Section -bears. -North 4a degrees 34'43" West; TIMMCE North 86.
degrees 34143." West a distance of' 1,315.60 feet to the Southwest corner or
a Tract of land,owned by the City of Auburn as per deed recorded in
Recording Number 8401050736, and the True Point of Beginning from whish tt-,1
concrete monument marking the.Southwest corner of the Southeast quarter
bears North 88 degreeet 34043" West a distance of 1,283.03 feet; THENCE
South 01 degrees 01'47" West a distance of 75.00 feet= THENCE South 80
degrees 39'49" West a distance of 178.39 feet; .THENCE North 88 degrees
34.43" West a distance of 80.00 feet; THE North 78 degrees 12159" West
distance of 122.55 feet; THENCE !North 47 degrees 39'39" West a distance of
132.00 feet to a point on the.South line of said Section 31; THENCE
continuing along said South line South 88 degrees 34'43" East -a distance o
475.00 feet to the True Point of Beginning, all within Pierce County, Stat
of Washington.
Situate in the County of Pierce, Stute of Washington.
L
12
S'IYI;'%VART TIT]
OUARANTY COMPANY
\GI•l5
EXHIBIT "C" TO ORDINANCE 4$67
RECEIVED
LAKELAND DEVELOPMENT STANDARDS MAY 3 0 1996
Single Family Detached - One (SFD-1) Development Standards
A. Minimum lot area: 7,000 square feet; 2�
B. Minimum lot width: 70 feet;
C. Minimum lot depth: 100 feet;
D. Maximum lot coverage: 55%;
E. Minimum yard setbacks:
1: Front: twenty (20) feet;
2. Side: five (5) feet;
3. Side, street: ten (10) feet;
4. Rear: twenty (20) feet
5. Accessory structures shall meet all the required setbacks of the zone with the exception that
the rear yard setback may be reduced to five (5) feet.
F. Maximum building height:
1. Main building: two and one-half (2 1/2) stories not to exceed thirty feet:
2. Accessory buildings: one (1) story not to exceed sixteen (16) feet.
Single Family Detached - Two (SFD-2)
A. Minimum lot area: 5,400 minimum, 6,000 average;
B. Minimum lot width: 60 feet;
C. Minimum lot depth: 90 feet;
D. Maximum lot coverage: 55%;
E. Minimum yard setbacks:
1. Front: twenty (20) feet;
2. Side, interior. five (5) feet;
3. Side, street: ten (10) feet;
4. Rear. twenty (20) feet
5. Accessory structures shall meet all the required setbacks of the zone with the exception that
the rear yard setback may be reduced to five (5) feet.
F. Maximum building height:
1. Main building: two and one-half (2 1/2) stories not to exceed thirty feet;
2. Accessory buildings: one (1) story not to exceed sixteen (16) feet.
Single Family Detached -Three (SFD-3)
A. Minimum lot area: 4,250 minimum, 4,500 average;
B. Minimum lot width: 50 feet;
C. Minimum lot depth: 85 feet;
D. Maximum lot coverage: 55%;
E. Minimum yard setbacks:
1. Front: fifteen (15) feet (18' to garage);
2. Side, interior. five (5) feet;
3. Side, street: ten (10) feet;
4. Rear. fifteen (15) feet
5. Accessory structures shall meet all the required setbacks of the zone with the exception that
the rear yard setback may be reduced to five (5) feet.
F. Maximum building height:
1. Main building: two and one-half (2 1/2) stories not to exceed thirty feet;
2. Accessory buildings: one (1) story not to exceed sixteen (16) feet.
Single Family Detached - Four (SFD4)
A. Minimum lot area: 3,375 minimum, 3,600 average;
B. Minimum lot width: 45 feet;
C. Minimum lot depth: 75 feet;
D. Maximum lot coverage: 55%;
E. Minimum yard setbacks:
1.. Front: fifteen (15) feet (18' to garage);
2. Side, interior. five (5) feet;
3. Side, street: ten (10) feet;
4. Rear. fifteen (15) feet
5. Accessory structures shall meet all the required setbacks of the zone with the exception that
the rear yard setback may be reduced to five (5) feet.
F. Maximum building height:
1.' Main building: two and one-half (2 1/2) stories not to exceed thirty feet;
2. Accessory buildings: one (1) story not to exceed sixteen (16) feet.
Single Family Detached -Five (SFD-5)
A. Minimum lot area: 2,730 minimum, 2,940 average;
B. Minimum lot width: 42 feet;
C. Minimum lot depth: 65 feet;
D. Maximum lot coverage: 55%;
E. Minimum yard setbacks:
1. Front: fifteen (15) feet (18' to garage or +/- 5);
2. Side, interior: three (3) feet;
3. Side, street: six (6) feet;
4. Rear: ten (10) feet
5. Accessory structures shall meet all the required setbacks of the zone with the exception that
the rear yard setback may be reduced to five (5) feet.
F. Maximum building height:
1. Main building: two and one-half (2 1/2) stories not to exceed thirty feet;
2. Accessory buildings: one (1) story not to exceed sixteen (16) feet.
Multi Family Attached - One (MFA -1)
A. Minimum lot area; 2,400 square feet;
B. Minimum lot area per dwelling unit: 2,400 square feet;
C. Minimum lot width; 35 feet;
D. Minimum lot depth; 60 feet;
E. Maximum lot coverage; 60%;
F. Minimum yard setbacks:
1. Front: fifteen (15) feet (5' to garage);
2. Side, interior, five (5) feet, except 0 feet when attached;
3. Side, street; ten (10) feet;
4. Rear. ten (10) feet;
5. Accessory structures shall meet all the required setbacks of the zone with the exception that
the rear yard setback may be reduced to five (5) feet.
G. Maximum building height:
1. Main building: two and one-half (2 1/2) stories not to exceed thirty feet;
2. Accessory buildings: one (1) story not to exceed sixteen (16) feet.
Multi Family Attached - Two (MFA -2)
A. Minimum lot area; 1,800 square feet;
B. Minimum lot area per dwelling unit: 1,800 square feet;
C. Minimum lot width; thirty (30) feet;
D. Minimum lot depth; sixty (60) feet:
E. Maximum lot coverage; 60%;
F. Minimum yard setbacks:
1. Front: fifteen (15) feet (5' to garage);
2. Side, interior, five (5) feet, except O feet when attached;
3. Side, street; ten (10) feet;
4. Rear, ten (10) feet;
5. Accessory structures shall meet all the required setbacks of the zone with the exception that
the rear yard setback may be reduced to five (5) feet.
G. Maximum building height:
1. Main building: three (3) stories not to exceed thirty-six (36) feet; .
2. Accessory buildings: one (1) story not to exceed sixteen (16) feet.
Commercial
A. As permitted in City of Auburn Zoning Ordinance chapter 18.26, C-1 Light Commercial District
Additional Uses Permitted in Residential Zones
A. Municipal Services
1. Police
2. Fire
3. Library
4. Parks
B. Day Care
C. Church
D. Community Center/Recreation Facilities
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RECEIVLo .:
EXHIBIT "D" TO ORDINANCE 4867
MAY 3 o 1996
RESOLUTION NO. 1 4 6 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHING
AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO EXECUTE A
WATER SYSTEM DEVELOPMENT AND ACCEPTANCE AGREEMENT WITH ROLAND A. AND
DORA M. CRABTREE AND TO ACCEPT THE STATUTORY WARRANTY DEED AND TO CAUSE
THE SAME TO BE RECORDED IN THE OFFICE OF THE KING COUNTY RECORDER.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING
DULY ASSEMBLED, HEREWITH RESOLVES THAT:
THE Mayor and City Clerk of the City -of. Auburn, Washington, are herewith
authorized to execute a Water System Development and Acceptance Agreement with
Roland A. and Dora H. Crabtree and to accept the Statutory Warranty Deed and
to cause the same to be recorded in the Office of the. King County Recorder. A
copy of said Agreement and Statutory Warranty Deed are attached hereto, deno-
minated as Exhibits "Am and •B• respectively and made a part hereof as though
set forth in full herein.
THE Mayor is hereby authorized to implement such administrative procedures
as may be necessary to carry out the directions of this legislation.
DATED and SIGNED this 21st day of November; 1983.
I, ED for f ac*ord at Request of C TY OF AUB J
ATTEST:
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WATER SYSTEM DEVELOPMENT AND ACCEPTANCE
AGREEMENT
This Agreement is made this /61-61 day of _1 , , 1983, bet-
ween the City of Auburn, a municipal corporation, hereinafter called the
'City', and Roland A. and Dora M. Crabtree, their heirs, successors, and
assigns, hereinafter called the 'Owner'.
WITNESSETH:
RECITALS
A. Owner is presently developing a 1266 Ac+ tract coomnly known as
Lakeland Hills (described 1n Exhibit 'A"). Approximately 443 acres of
Lakeland Hills are located within the City of Auburn; approximately 780 acres
are located within Pierce County and approximately 43 acres are located.within
the City of Pacific.
B. A report regarding the water system requirements for the Lakeland
Hills development and vicinity was prepared on December 12, 1979, and revised
on April 24, 1980, and December 15, 1982, by Straam Engineers, Inc. The Straam
Report proposes a water system which will support full development of Lakeland
Hills. The Straam Report is reproduced 1n its entirety as Exhibit 684.
C. As of the date of this Agreement, Owner has paid for and•constructed,
as recommended by the Straam Report, a one million gallon standpipe, a 1000
gpm capacity well together with appurtenant transmission lines (hereinafter
called the "Facilities•, all of which are more fully described to Exhibit "C')
and a 12" main which crosses the Stuck River (mare fully described in Exhibit
"D"), allowing for future access to the City's water system at 41st and "D"
Street. The cost of construction to the Owner is nearly Eight Hundred Sixty -
Nine Thousand, Seven Hundred and Thirty Dollars (2869,730.00) and will not be.
fully reimbursed by a waiver to Lakeland Hills of City system development
chargs for water service.
D.. The City will allow 384 single-family residential connections to -the
Facilities from houses constructed within Divisions 1,.2. 3, 3 extension and _4.
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dater System Development and
lcceptance Agreement
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which divisions comprise approximately 384 dwelling units, provided all land -
use approvals are acquired from the City. After the 384th connection, no
additional connections will be allowed to the Facilities until another source,
i.e., well or main intertie, 1s provided in accordance with the Comprehensive
Plan. The existing Stage I storage reservoir, which is part of the
Facilities, will serve 1,025 dwelling units as a single source and an undeter-
mined number of services as a multiple source storage and is reserved for
Lakeland Hills. The well capacity is greater than that needed for Stage I,
but additional water source facilities will be needed in the future to use
such capacity. An additional 186 connections will be allowed within Division
5 (TaWeel Mobile Home Park) if a main intertie is made with the existing City
of Auburn system on 41st Street Southeast and Owners' constructed river
crossing lying north of the Stuck River.
E. Owner desires to transfer the portions of the water system; described
in Exhibit •C•, to the City and to complete, as requlred,.the remaining por-
tions of the system within Lakeland Hilis in conformance with the Straam
Report and recommendation and amendments.
F. City desires to accept those portfons of the water system described
1n Exhibit •C• and will accept the remaining portions pf the system or other
systems which will be developed to the future by the Owner within Lakeland
Hills so long as such extensions or improvements to said water system are in
conformance with the City's Comprehensive Water Plan and amendments, which
includes the Straam Report, and City construction standards as specified in
Chapter 15 of the Codified Ordinance of the City of Auburn pertaining to
building and construction standards.
G. The City has, by Resolution No. 1yG g , adopted by its City Council
on the A161 day of �7?0tltrn&W , 1983, approved the execution of this
Agreement.
r
Water System Development
and Acceptance Agreement
Page 11/8/83 11/16/83
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NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1
OBLIGATIONS OF OWNER
2
3
1, Preparation and Delivery of AS -Built Drawings Within 90 days of exe-
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cution of this Agreement, Owner shall deliver to the City reproducible
,
5 As -Built Construction drawings of the Facilities to -wit: One million gallon
6 stand pipe and 1000 gpm capacity well together with appurtenant transmission
lines (described in Exhibit •C•). The As -Built Drawings shall be certified by
7
8 a professional engineer.
H 2. .Telemeterina System The Owner shall
g --- equip the Facilities with a
10 telemetering system as more particularly described in Exhibit •E•. The tele -
11 metering system shall be installed prior to the issuance of the first
12 building permit within Lakeland Hills. The telemetering system shall be
13 transferred to the City in the manner set forth in Paragraph 3.
14 3. Transfer of Facilities. Within 90 days of execution of this
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Agreement, Owner shall transfer the Facilities to the City free 'and clear of
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all encumbrances by delivering to the City appropriate bills of sale.
17 4, Grant of Easements_ Concurrent with its transfer of Facilities, Owner
18 shall also grant to the City such other easements as are reasonably necessary
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for the operation and maintenance of the Facilities. Owner shall grant ease -
20 ments for further additions to or extensions of the Facilities upon the terms
21 and conditions set forth in Paragraph S.
22 S. Future Connections or eitensions. It is the intent of the parties
23 that the Facilities shall not be used to serve any properties located outside
24 Lakeland Hills. However, to the extent that the City, a special purpose
25 district, or any other person, public or private entity may desire to extend
or connect to the Facilities outside of the Lakeland Hills. development, such
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27 extension or connection shall be. consistent with the City's Comprehensive
28 Water Plan and amendments and be mutually beneficial to Lakeland Hills.
29 Written permission of Owner shall be obtained prior to any such extension or.
30 connection. Any such extension or connection shall not reduce the Lakeland
31 -----------------------------
Water System Development and
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Acceptance Agreement
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Hills supply or storage capacity, and fire flow below levels necessary to sup-
port the storage capacity, and fire flow below levels necessary to support the
Issuance of building permits for full development within Lakeland Hills.
Applicants shall post a bond naming Owner as the insured in an amount suf-
ficient to fully compensate Owner for damages, including attorneys' fees, in
the event the water capacity of Lakeland Hills is adversely impacted or
impaired as a result of such extensions or connections. Owner's consent shall
be obtained by sending a request by. registered mail, return receipt reqdested,
to Owner at the following address (or an address subsequently provided by the
Owner to the City): 205 Southwest 117th Street, Seattle, Washington 98166.
Permission shall be deemed to be granted if there is no response within 60
days. Owner is not required to grant permission within 60 days, however; and
may request further information or a meeting on any such request.
6. Facilities Guarantee. If prior to the expiration of one (i) year
after the date of acceptance of the Facilities by the City, any work .is found
to be defective, the Owner shall promptly, without cost to the City, either
correct such defective work or, if it has been rejected by the City, remove
and replace it with non -defective work. If the Owner does not promptly comply
with the terms of such instructions, the City may have. the defective work
corrected or the rejected work removed and replaced and all 'direct and
indirect costs of such removal and replacement, including compensation for
Professional services,'shall be paid by the Owner. To secure Owner's obliga-
tion hereunder, Owner shall deliver to the City within 30 days of the execu-
tion of this Agreement a maintenance bond in the fact amount of Fifty Thousand
Dollars ($50,000) payable to the City in form satisfactory to the City
Attorney. A facsimile of such security in a form satisfactory to the City.
Attorney is attached as Exhibit `F•.
7. Hold Harmless. The owner shall hold harmless and indemnify the City
from any obligations incurred by Owner for the construction of the facilities
herein referred to.
Water System Development and
kCceptance Agreement
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OBLIGATIONS OF THE CiTY
8. Acceptance of Owner Completed Facilities Within ninety (90) days of
Owner's transfer of the completed Facilities as specified in Paragraph 2 and 3
hereof, the City shall manifest in writing its acceptance of said Facilities;
rovlded that the City's duty to accept the tendered Facilities are built in
accordance with AWWA and APWA standards and that said Facilities satisfy -
established fire flow criteria.
9. Conditions for Acceptance of Additional Facilities Within the City of
Auburn. City will accept and operate such 'additional water system facilities
within the City as Owner or others may construct, so long as such facilities
are built in accordance with the Straam Report, Comprehensive Water Plan, pro-
visions of Sections 5 and 13, and the standards specified to Paragraph 8.
10. No Connection Charge for Owner. In partial consideration for the
transfer of the Facilities, the City shall not impose upon the Owner or upon
an owner of a unit described in Paragraph A above, a latecomers, system deve-
lopment, or other connection charge to connect to the Facilities, provided
that the Owner installs the system as per Exhibit 080.
11. Extensions Beyond the Auburn City Limits City shall not be required
to accept any system or extension of the water system facilities within
Lakeland Hills which go beyond the City's municipal boundaries. -The City
acknowledges Owner's right to construct, operate,. or own a water system out-
side the municipal boundaries of the City, subject to any approvals of other
agencies as may be required by law. The City will enter into appropriate
agreements with Owner and any other agencies having jurisdiction to operate
and manage said systems or extensions, provided the following conditions are
met: (1) Owner obtains approval from the Washington State Department of
Health and Social Services to own and contract for the operation and main-
tenance of a private water system within those portions of Lakeland Hills
situated within Pierce County, City of Pacifiew and within the Bonney Lake
Water Franchise Area; (2) said system satisfies the standards specified in
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later System Development and
lcceptance Agreement
'age Five
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Paragraph 8 and are built in conformity with the City Comprehensive Water
1 Plan and recommendations contained in the Straam Report including any
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b amendments; and (3) Owner agrees to indemnify City and hold harmless from any
claims or lawsuits which may be filed by other jurisdictions, districts,
I public or private entities alleging that the private water system operated by
the City constitutes an unlawful or unreasonable duplication of municipal ser-
vices or an infringement of the franchise and contract rights of other water
suppliers.
-Section 12. Owner herewith conveys and warrants to the City any and all.
water rights owned or to be obtained in the future by owner from the State or
any other subdivision thereof pertaining to the above described well and
appurtenances.
IN WITNESS WiEREOF, the parties have hereunto set their hands and official
seals the day and year first above written.
ATTEST:
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ater System Development and
cceptance Agreement
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